Terms & Conditions
1. Introduction
The website http://wotzthat.com and mobile apps of WOTZTHAT (together the “Website”) are owned and operated by WOTZTHAT Pty Ltd (ACN 620 387 680) (referred as “WOTZTHAT”, “we”, “our”, “us” or the “Company”) of Shop 1, 685 Pittwater Road, Brookvale, NSW. The Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
These Terms and Conditions govern the supply of any services by us to you. By using the Website, you acknowledge that you have read and understood these terms and that you agree to be legally bound by them.
1.1 In these Terms and Conditions:
Account means the account that you register in order to use our services;
Agreement means these terms and conditions and other policies we posted on the Website;
Breach of Duty means the breach of any
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
Business Day means any day other than a Saturday, Sunday, bank holiday or public holiday in New South Wales;
Customer means the individual who uses our services on the Website;
GST means the Goods and Services Tax; and
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with the Agreement, including, without limitation, liability expressly provided for under the Agreement or arising by reason of the invalidity or unenforceability of any term of the Agreement.
2. Registration of account
2.1 Before using any Service provided by us, you must be a resident of Australia, over 18 years old and possess a valid credit or debit card and register for an account on the Website. To register an account with us, you must follow the instructions and provide required information about yourself.
2.2 You undertake that all details you provide to us for the purpose of using our services will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities for you to use our Services.
2.3 You may only register one account per person and it must be used only by yourself. We reserve the right to terminate your account with us if we find that you are letting multiple people to use your account or you are manipulating multiple accounts. We also reserve the right to refuse an account application.
2.4 During Registration, you will also need to create a password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
2.5 All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.
2.6 WOTZTHAT and one or more retailer(s) with whom WOTZTHAT has relationships (“Retailer”) may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.
3. eGift Card Purchases
3.1 eGift cards purchased via the website are supplied in accordance with the terms and conditions of the eGift card supplier. The card issuer is responsible for the fulfilment of the terms and conditions of the eGift Card. eGift Cards are valid for 12 months from the date of issue and are redeemable at participating stores only unless otherwise advised. For a list of participating stores and full terms and conditions visit the card supplier’s website.
3.2 In respect of eGift Card Purchases
- WOTZTHAT reserves the right to not honour suspicious fraudulent transactions
- No refunds for change of mind
- Not reloadable or redeemable for cash
4. Website Scope of Use
4.1 The Site and our Services are for your non-commercial, personal use only and not for business purposes. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
4.2 Any purchases made by you after logging into WOTZTHAT are purchases from the relevant Retailer and not a purchase from WOTZTHAT. This means that your contract of sale is with another company or entity. The Retailer is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Retailer.
4.3 WOTZTHAT makes no representation as to the accuracy, completeness, adequacy or currency of any information relating to financial products appearing on the Website, nor does WOTZTHAT guarantee the performance or adequacy of any financial product that may appear on the Website. While the information on the Website is believed to be accurate, we are not responsible, and do not accept liability, for any inaccuracy of content on the Website or any actions taken upon reliance of the information on the Website.
5. Disclaimer and Liability
5.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website or our social media pages;
(b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
(c) personal injury or property damage of any nature resulting from your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g) the quality of any product or service of any linked sites.
5.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
5.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
5.4 Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
6. Unacceptable activity
6.1 You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
(b) using this Website to defame or libel us, our employees or other individuals;
(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals; and/or
(d) posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
6.2 If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.
7. Promotions and competitions
7.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
8. Intellectual property rights
8.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).
8.2 Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
8.3 Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
8.4 All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of the Website for the purpose of viewing the Content for your own personal use.
9. General
9.1 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any Liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
9.2 Entire agreement: This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. However, the service and Products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
9.3 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
9.4 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
9.5 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
9.6 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
9.7 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of WOTZTHAT, its subsidiaries, any holding companies of WOTZTHAT, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
9.8 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
9.9 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
9.10 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.
10. Accuracy, completeness and timeliness of information
10.1 The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this website.
10.2 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
10.3 We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
11. Privacy
11.1 Our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy http://wotzthat.com/privacy/ here.
Last updated December 2017