Last update: 28 Nov 2022
Wandora Group Pty Ltd (ACN 654 960 424), Wandora Pty Ltd (ACN 655 032 929) and its associated entities (together, “Wandora”, “we”, “us”) provide interactive booking and engagement tools (“Platform”) that give customers (“Users”) an easy way to book and pay for services and products (“Products”) offered by businesses and other third-party vendors (“Vendors”).
By opening Wandora on a Vendor website, scanning the QR code located on Vendor marketing materials or visiting the Wandora links located on a Vendor website or social media account, you will be directed to our Website and can view information about Products offered for sale by the Vendor. You may purchase the Products (“Booking”, “Book”) from the website by entering your nominated payment method which is then processed in accordance with clause 3 (“Platform”).
Any reference in these Terms to “you”, “your”, “User” or “Customer” means any person accessing, viewing or using the Website and/or Platform.
Wandora may amend these Terms at any time at its sole discretion. By continuing to use the Website and/or Platform, you will be deemed to have accepted any revised terms from the date that they are published on the Website.
Wandora reserves its rights to investigate and take appropriate legal action for any Illegal and/or unauthorised use of the Platform, the Website or breach of these Terms.
2. Using our Platform and Website
- Wandora grants you a non-exclusive, non-transferable licence to access, use and navigate the Platform and Website subject to you complying with these Terms.
- You acknowledge and agree that Wandora may send electronic messages to your contact telephone number or email address. You agree that by using the Platform you consent to Wandora sending you electronic messages. We will only send you messages related to your Booking and, if you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you. You can opt out of receiving direct marketing communications and information at any time.
- You agree that placing a Booking using the Platform is subject to you making full payment for the Products in accordance with clause 3.
- If you purchase Products that by law require you to be over the age of 18 years, you warrant that you are over the age of 18 years.
- You agree that it is the responsibility of the Vendor to comply with all laws in relation to the delivery of the Product.
- You acknowledge that Wandora does not guarantee that Products will be delivered within a certain time frame or that the Products are of a certain quality.
- You acknowledge that Wandora does not guarantee that any of the information displayed on its Website including all information, photos, times and descriptions of a Product are accurate and Wandora is not liable for any errors in representation.
- You acknowledge that Wandora acts only as an intermediary between the Customer and the Vendor and is not liable if the Vendor does not provide the Products booked, delivers a Product of lesser quality or refuses to accept your Booking.
- You acknowledge that it is your responsibility to ensure your email address and other contact details are correct when you complete the Booking process. Failure to do so may result in loss or incorrect delivery of the email confirmation (“Booking Notification”). As the Vendor will be expecting you, you may end up forfeiting your Product (subject to the experience provider’s terms and conditions).
3. Our payment terms
- You agree that you will pay for all Products that you Book from a Vendor in accordance with these payment terms and that you will pay the purchase price as displayed on the Website.
- Wandora warrants that it has the right to collect payments for Products that you Book using our Platform on behalf of Vendors. When you pay the purchase price using our Platform, you discharge your obligations to pay the Vendor directly for the Products that you Booking, except where additional costs are indicated by the Vendor on the Platform.
- You acknowledge and agree that all purchase prices specified, and payments collected will be inclusive of all applicable taxes where required by law.
- You acknowledge that Wandora will not place your Booking with the Vendor until you have made full payment of the Product through the Platform.
- You acknowledge that the purchase price or availability of the Product as displayed on the Platform and Website may differ from time to time to the purchase price of the Product advertised or sold elsewhere by the Vendor.
- You acknowledge that Wandora uses third-party payment processors including but not limited to Stripe, Paypal, Apple Pay and Google Pay (“Payment Processors”). You agree that you will pay in addition to the purchase price of the Product, any additional fees charged by the Payment Processors.
- The processing of payments or credit cards are subject to the terms, conditions and privacy policies of your credit card issuer and the Payment Processors in addition to these Terms. The terms and conditions and privacy policies for the Payment Processors can be accessed at their websites. Wandora is not responsible for any errors by the Payment Processor or credit card issuer.
- You warrant that you are the authorised user of any payment method that you use in connection with the Platform and the Website and you acknowledge the Wandora is not liable for any unauthorised use of any payment method.
- You agree that if you submit a Booking, Wandora delivers a Booking Notification to the Vendor when your payment has been authorised. Subject to clause 7.4 and the Vendor’s refund policy, you are not entitled to change or cancel your Booking once it has been placed and you will not be entitled to a refund.
- You agree that Vendors have the sole discretion to reject or refuse your Booking at any time. If your Booking is rejected or cancelled by the Vendor, you will receive a refund in accordance with the Vendor’s refund policy.
4. Use of promotional codes
- A Vendor may offer promotional codes that may provide you with discounts, bonus offers or other incentives for you to use our Platform (“Vendor Promotional Codes”).
- We agree to allow you to use valid Vendor Promotional Codes subject to any terms and conditions imposed by the Vendor and the following conditions:
- Vendor Promotional Codes cannot be redeemed for cash, can only be used on one transaction, must be used before the expiry date.
- Wandora and the Vendor reserves the right to cancel, withhold use, suspend or modify the terms of Vendor Promotional Codes and any discount or benefit associated with it at any time.
5. Our content and access
- Wandora makes all reasonable endeavours to ensure that the information about Vendors or Products available on the Website are accurate and correct, although we do not warrant that it is accurate, adequate or complete.
- You acknowledge and accept that the Website content may include incorrect information, technical inaccuracies and typographical errors. You acknowledge and accept that the Platform and the Website will, from time to time, change without notice to you and that the content of the Website may not necessarily be accurate or up to date at the time you view it.
- You are responsible to contact us directly to ensure that any material or information on the Website that you seek to rely on is accurate and current. Wandora disclaims all liability for any direct or indirect loss or damage arising from your use or reliance on the Platform or Website to the full extent permitted by law.
- You agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the Platform or the Website or any material or content displayed on the Platform or the Website unless expressly permitted by us or these Terms.
- You warrant that you will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice.
- We do not guarantee that your access to the Platform and/or the Website will be uninterrupted or that the Platform and/or the Website is free from viruses or any other malware which may damage any device or data as a result of access to the Platform or Website.
- You agree that Wandora may conduct maintenance of the Platform or Website at any time and that this maintenance may interrupt your access to the Platform or Website.
- We reserve our rights to suspend or terminate your access to the Platform or Website at our sole discretion where we hold a reasonable apprehension that you have or may breach these Terms. If we suspect you are or may be in breach of these Terms, we will endeavour to notify you of that breach and ways in which you can remedy it.
6. Intellectual Property
- All material displayed on the Platform and the Website, including but not limited to all information, photographs, graphics, illustrations, artwork, names, logos, trademarks, copy writing and design features (“Wandora Intellectual Property”) we acknowledge we have the right to use or are our property and are protected by copyright, trademark and other intellectual property laws. You may not use the Wandora Intellectual Property for any commercial purpose without our express prior written consent.
- You agree not to copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Wandora Intellectual Property for any commercial purpose to any third-party in whole or in part without our express prior written consent.
- You acknowledge that if you do copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Wandora Intellectual Property, we will suffer loss and damage and you agree to indemnify us for any such loss and damage.
- We do not grant any licence or right in or assign all or part of the rights of the Wandora Intellectual Property to you.
- You warrant that you will not infringe the Intellectual Property Rights of Wandora or any third-party relating to your use of the Platform or the Website.
7. Limitation of Liability
- You understand that Products are provided by Vendors, not by Wandora. Vendors are independent third parties that are not under the control of Wandora. In the event that you or a Participant is injured, killed, or suffers a loss during or in connection with a Product, you agree to seek compensation directly from the Vendor that provided the Product, not from Wandora or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees and agents.
You acknowledge and agree that:
- Wandora has no liability for any act, omission or default, whether negligent or otherwise of any Vendor or third party.
- Wandora has no liability for any loss or damage occasioned by any negligent act or omission of any Vendor or third party.
- Where Wandora’s liability cannot be excluded, such liability is limited to the total purchase price of your Booking.
- Where a Product cannot be fulfilled due to a circumstance beyond the control of either or both of Wandora or the Vendor, the Vendor will provide you with a credit to use once those circumstances resolve.
- You agree that your use of the Platform and the Website are at your own risk and you accept and agree that you will not seek to hold us accountable for any loss or damage that you or any third-party may suffer as a result of your use of the Platform and/or the Website, and that you will indemnify us for any such loss and damage we suffer as a result of claims brought against us by any party as a result of your use of the Platform and/or the Website.
- Notwithstanding the above, to the maximum extent as permitted by law, you agree that Wandora’s aggregate liability shall not exceed the total purchase price of your Booking.
- Products supplied to you by Wandora come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
- Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon Wandora relating to a breach of Warranty will at its option be limited to a refund of the price of the Booking.
To the fullest extent of the law, you agree to indemnify us from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms and/or your use of the Platform and Website.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Victoria, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Victoria for the resolution of any disputes.