Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Way Out Wonder’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Way Out Wonder and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Way Out Wonder’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Way Out Wonder is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Way Out Wonder’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Way Out Wonder.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

Way Out Wonder handles returns and processes refunds in accordance with the Australian Consumer Law legislation.

Should you wish to return your order, please notify us within 100 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Way Out Wonder.

LINKS TO OTHER WEBSITES

Way Out Wonder may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Way Out Wonder and the owners of those websites. Way Out Wonder takes no responsibility for any of the content found on the linked websites.

Way Out Wonder’s website may contain information or advertisements provided by third parties for which Way Out Wonder accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Way Out Wonder absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Way Out Wonder gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Way Out Wonder to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Way Out Wonder, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Way Out Wonder respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Way Out Wonder’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Way Out Wonder collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

Way Out Wonder does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

Way Out Wonder may be required, in certain circumstances, to disclose information in good faith and where Way Out Wonder is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Way Out Wonder. Way Out Wonder expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Way Out Wonder will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Way Out Wonder reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Way Out Wonder expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Way Out Wonder concerning your use and access to Way Out Wonder’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and Way Out Wonder that results in litigation then you must submit to the jurisdiction of the courts of NSW.

AFFILIATE PROGRAM TERMS

By signing up as an affiliate of Way Out Wonder (‘the Company’) you agree to these terms and conditions of service (‘Terms’):

 

1. Advertising and Links:

We agree to pay you certain commissions as described on our website for referral sales made by you for our customers.

You represent and warrant that you will comply with any reasonable directions we give to you about the placement of banners, the marketing techniques, presentation, pricing and other specific marketing requirements for sale and promotion of our products.

Any distribution and use of our logo, name, website, materials and products will be agreed prior in writing.

You agree not to provide any discounts, special offers or otherwise on our products without our express written permission.

You agree you will not provide, share, write or make any negative, false, untrue or otherwise inappropriate endorsements, comments, posts or other public statements relating to our products or the Company. Any reviews or posts will be direct from customers who may have purchased the products, and will be independent to you.

You further agree and warrant: (i) to use our affiliate service in a manner that is ethical and in conformity with community standards; (ii) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (iii) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and (iv) to accept commercial emails from us.

 

2. Notification of Account Changes:

You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to immediately notify us if your address, email address, telephone number, billing information changes.

 

3. Spam and Unsolicited Emails:

You agree and warrant you will not send any unsolicited email to any party, customer or client at any time either directly or indirectly in respect of our products. We have zero tolerance toward anyone who spams any party, business or individual. If you are caught or reported to be spamming, you will be removed from our Affiliate Program, and your commissions or pending commissions will be forfeited. Spam is defined as emailing or posting to anyone who has not requested information via email or any website, and also
includes “spamming search engines” with links. You may also be subject to pay any legal fines or penalties that may result from your actions.

 

4. Compliance with Consumer and other Laws and Regulations:

You will ensure that, at all times, you have disclosed any and all affiliate commissions and affiliation as required by Australian Consumer Law and related regulations.

You agree to, at all times, abide by all local consumer and other laws in the state or country you are marketing and endorsing our products and indemnify us for any claims relating directly or indirectly to your marketing, misstatement, incorrect or negligent advertisement or statements relating to the use, purchase, or otherwise of our products by any third party.

 

5. Intellectual Property Ownership:

The Company, at all times, retains full and all rights, ownership and interest in all copyright, trademark and intellectual property in all products and any related materials. Nothing in these Terms or any arrangement between the parties grants or shall be implied to grant any rights, ownership, license or other interest in the Products or any materials including but not limited to any intellectual property rights, other than the rights set out in these Terms.

 

6. Termination:

We can terminate this agreement in our sole discretion without notice for any reason. This arrangement will be terminated once all payments have been made in accordance with these Terms.

WOW Death Star Pack Competition Terms & Conditions

  1. GENERAL
  2. Information on how to enter and the prizes form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid.
  3. The Promoter of the Way Out Wonder Death Star Pack 2018 competition (the “Competition”) is Outdoor Gifting Company PTY LTD, ACN 612 670 461 whose registered office is at Charternet, Suite 2003, Level 20, 109 Pitt street Sydney NSW 2000
  4. Entry is open to residents of Australia over the age of 18 years.
  5. Employees of the Promoter and their immediate families (including spouse, parent, child or sibling, whether or not they live in the same house) and agencies associated with this Competition (including the printers, suppliers, providers and other agencies associated with this Promotion) are ineligible to enter.
  6. The Competition commences on 12th April 2018 at 12.01pm AEDT, and  closes on the 4th May 12.01am AEDT 2018 (the “Competition Period”).
  7. HOW TO ENTER:
  8. To enter the Competition: Entrants must complete the following steps during the Competition Period:
  9. visit and Like The Way Out Wonder Facebook page at https://www.facebook.com/wayoutwonder/ ("Way Out Wonder Facebook page")
  10. visit the Way Out Wonder Competition landing page at https://wayoutwonder.com.au/star-wars-death-star-competition/ ("Way Out Wonder Competition landing page");

iii. follow the prompts to Way Out Wonder competition;

  1. Tell us creatively in 25 words or less, why you need a Death Star in your life
  2. One entry per person.
  3. Each entrant warrants that:
  4. their entry (including any comment submitted) is their original work;
  5. they own the copyright for their entry (including the comment submitted);

iii. their entry does not infringe the intellectual property rights of any third party or any applicable laws.

  1. WHO MAY ENTER
  2. The only persons who may enter and be awarded prizes are residents of the place and of the age specified in clause 1(c), and who are not, as per clause 1(d), employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or members of the immediate family of such employees and contractors.
  3. "Immediate family" means spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor.
  4. DETERMINATION OF WINNERS & PRIZES
  5. This Competition is a game of skill. Chance plays no part in determining the winners. All valid entries received will be reviewed by Way Out Wonder and judged individually on their merits.
  6. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.
  7. The entry pursuant to sub-clause (a) will be awarded a prize subject to clause 4 (“Winning Entry”).
  8. Final judging will take place before 12pm AEDT on 4th May 2018 (“Judging Date”) at the Promoter’s offices located at Charternet, Suite 2003, Level 20, 109 Pitt street Sydney NSW 2000 judging will be conducted by representatives of the Promoter (“Judging Panel”). The decision of the Judging Panel and interpretation of these terms and conditions is final and no correspondence will be entered into.
  9. The entrant who submits the Winning Entry (“Winning Entrant”) will be notified by Facebook private message and / or email, and their name will be published on The Way Out Wonder Facebook page on https://www.facebook.com/wayoutwonder/
  10. The Winning Entrant should allow up to 14 working days after the Judging Date for the Promoter to complete verification of entries and arrange delivery of the prize.
  11. PRIZES
  12. Total prize pool value is 1x Star Wars Death Star Camping Tent ($395.00) and 1x Star Wars Death Star Pet Cave ($59.95)
  13. All prizes are not transferable or exchangeable and are not redeemable for cash.
  14. In the event that any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter, in its complete discretion, may substitute the prize with a prize of equal or greater value.
  15. Any tax liability arising from this Competition will be the responsibility of the prize recipients.
  16. MISCELLANEOUS
  17. Any decisions made by the Promoter regarding this Competition (including, but not limited to, selection of the Winning Entry) are final, and no correspondence will be entered into, including in the event of a dispute. Failure by the Promoter to enforce any of its rights with respect to this Competition at any stage does not constitute a waiver of these rights.
  18. The Promoter reserves the right, at any time, to request verification of age, identity, residential address, and employment status of any entrant, confirmation that the entrant has complied with these conditions, and any other information relevant to the entrant’s entry into or participation in the Competition. Verification is at the discretion of the Promoter, whose decision is final.
  19. The Promoter reserves the right, at any time to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent, or misleading information, including but not limited to personal details and contact information that have been submitted through the use of multiple identities, email addresses or accounts (including but not limited to social networking accounts), or any entry submitted from accounts with no verifiable account owner details or location details. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  20. The Promoter reserves the right to, at any time, at its sole discretion, disqualify any entrant who the Promoter has reason to believe has breached any of these conditions, tampered with the entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition. Genuine errors and omissions may be accepted at the Promoter’s discretion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  21. If, for any reason, this Competition is interfered with in any way, or is not capable of running as planned due to any reason beyond the reasonable control of the Promoter, including (but not limited to) technical difficulties, unauthorised intervention, or fraud, the Promoter reserves the right, at its discretion, and to the fullest extent permitted by law to:
  22. modify, suspend, terminate, or cancel the Competition; or
  23. disqualify any entrant whom the Promoter reasonably believes is involved in conduct of the nature described above.
  24. The Promoter has no control over internet or mobile telecommunications, network lines, bugs, viruses, or server problems, and accepts no responsibility for any problems associated with them, for any reason.
  25. Nothing in these conditions limits, excludes, or modifies, or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition.
  26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of:
  27. any technical difficulties, telecommunications processes, or equipment malfunction (whether or not under the Promoter’s control);
  28. any theft, unauthorised access or third party interference;

iii. any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

  1. any variation in prize value to that stated in these conditions;
  2. any tax liability incurred by a winner or entrant; or
  3. use of a prize.
  4. Any cost associated with participating in this Competition, including (but not limited to) accessing The Sunset Cinema Canberra Facebook page is the entrant’s responsibility.
  5. By participating in the Competition:
  6. Entrants agree that ownership of any intellectual property contained or included in their entry is assigned to the Promoter.
  7. Entrants consent to the Promoter using their name, likeness, image and/or voice in any media for an unlimited period without remuneration for the purpose of promoting the Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

iii.   Entrants consent to the Promoter using the email collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter.  If you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.

  1. Subject to the Promoter’s privacy obligations, all entries become the property of the Promoter and will not be returned. Details from entries will be collected and used by the Promoter for the purposes of conducting the Competition (which may include disclosure to third parties, including but not limited to agents, contractors, service providers and prize suppliers, for the purpose of processing and conducting the Competition) and for promotional purposes surrounding this Competition. Entry is conditional on provision of this information. By entering the Competition, entrants consent to the use of their information as described, and consistent with The Way Out Wonder privacy policy (https://wayoutwonder.com.au/privacy-policy/ ), and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional purposes without any further reference or payment to the entrant, for an indefinite period unless otherwise advised. By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use their personal information submitted during the course of the Competition for future promotional marketing and publicity purposes without any further reference, payment or other compensation to the entrant. Entrants may access, change and/or update their personal information and obtain a copy of the Promoter’s privacy policy by contacting the Promoter at hello@wayoutwonder.com.au .
  2. The laws of New South Wales, Australia apply to the Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these conditions. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the Competition (including taking/use of a prize), except for any liability, which cannot be excluded by law.

Loading...
Facebook Live Chat