Wowsta Membership & Website Use Terms and Conditions

1. General

a. This website is owned and operated by Wowsta Australia Pty Ltd (“Wowsta Australia Pty Ltd”, “Wowsta”, “We”, “Us”).

b. Wowsta is a Consumer Shopping, leisure & Lifestyle Program (‘the Service’) accessed using this website (“the Website”). The Service includes access and membership privileges of the Website. The Service enables users of the Wowsta Shopping, Leisure & Lifestyle Program (“You”, “Your”), subject to certain conditions laid out in these terms and conditions (“Terms”), to obtain discounts, other benefits and/or collect Wowsta Travel & Lifestyle Dollars when completing qualifying actions or by other forms of take-up or communication as stated throughout the Website. Where Wowsta Travel & Lifestyle Dollars are offered as currency throughout the Wowsta Travel Club these amounts may be used to offset the cost of purchased services. The range of products that Wowsta Travel & Lifestyle Dollars can be used against for purchases may be changed without notice.

c. These Terms govern Your use of Wowsta. These Terms apply to offers that are listed on the Wowsta website and on any associated communication, including but not limited to emails, SMS, printed brochures or other collateral.

d. Please read through these Terms. If You do not agree with the Terms, do not use the Website. If You do use the Website, Your conduct indicates that You agree to be bound by the Terms. We may change these Terms at any time by posting changes online without notice. Your continued use of the Website after changes are posted means You agree to be legally bound by these Terms as updated and/or amended.

e. Some of our 3rd party partners may also apply terms and conditions to Your use of the Service and the Website – please check individual partner websites for details.

f. If You have any questions about these Terms please contact our Customer Service Team via details on our ‘Contact Us’ page.

g. The Website complies with the appropriate Australian legislation. Users of the Website and the Service provided are subject to these Terms. The services on the Website are available to Australian residents as well as International visitors.

h. Some products and services available, as part of the Service, have extra conditions that apply in addition to these conditions: these will be displayed within the appropriate Retailer’s web page and You should read these before You use the product/service in question. If there are any inconsistencies between these Terms and the Retailer’s product/service conditions, the Retailer’s product/service conditions will prevail. You may be required to register with the Retailer to enable You to access the Retailer’s website.

i. Wowsta Australia Pty Ltd provides You with the information and services on the Website for Your own use. You are not entitled to use or distribute the information on this site for any purpose other than for your own personal use in transacting with Retailers. You are however permitted to share content published on the Wowsta site through the use of any links or share buttons provided on the site by Wowsta.  Use of any content of the Website for any other purpose, including any commercial purpose whatsoever, is contrary to these terms and conditions. You must not display the contents of the Website in a frame surrounded in other material that Wowsta Australia Pty Ltd has not originated.

j. All costs quoted on www.wowsta.com.au are in Australian dollars and are inclusive of GST except for any advertising costs that may be quoted to payable by merchants and/or advertisers.  These costs are shown exclusive of GST.

k. For information on data collection and privacy please refer to the Wowsta Privacy Policy

 

2. Modifications

a. Wowsta may modify the Service from time to time for any reason and without notice including the right to terminate all or part of the Services with or without notice without incurring any liability to You. We reserve the right to modify these Terms from time to time without notice by posting the amended terms and conditions on the Website. You agree to read these Terms from time to time so that You will be aware of any changes and Your continued use of the Website will mean that You agree to the changes made. If You do not agree to the changes, You should not use the Website any further.

 

3. Website Content

a. Wowsta will try to ensure that the information that it provides on the Website is accurate and up-to-date.

b. The Service provides access to Retailers, who will change from time to time, from which You may choose to purchase goods and services or engage in other online activity.

c. Some information will be provided by, and be relevant to, the Merchants: Wowsta Australia Pty Ltd does not accept any liability for any inaccuracies in this information or for any loss or damage You suffer in connection with or arising out of the information provided by Merchants. Some information will indicate that it is correct on the date of publication. When accessing this content, You accept that it may have become inaccurate since the date of publication and that You will not rely on it as being correct at the date that You access it.

d. Where Wowsta sources the information provided on the Website from Merchants, You are advised that the views expressed are those of the Merchant concerned, not those of Wowsta Australia Pty Ltd. Wowsta does not necessarily endorse those views. You are responsible for evaluating this information and for any decisions that You make as a result. Wowsta Australia Pty Ltd excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and Wowsta Australia Pty Ltd takes no responsibility for such material.

e. We are not responsible for products or services provided by the Merchants, whether You access them on this site, or via links from the Website. We do not endorse these products or services. You are responsible for evaluating them. If You decide to buy any of these products or services, You do so at Your own risk. We are not a party to any dealings You have with third parties – these are Your responsibility, not those of Wowsta Australia Pty Ltd.

f. In the event that You purchase or obtain any goods or services from Merchants then the acquisition of such goods or services will be in accordance with the Merchants’ terms and conditions and Wowsta Australia Pty Ltd will have no liability to You in respect of the same.

g. The Website contains links to other websites which are not under the control of and are not maintained by Wowsta Australia Pty Ltd. Wowsta is not responsible for the content of those websites. Wowsta provides these links for Your convenience only but does not necessarily endorse the material on these sites. Merchants are listed for Your convenience. The listing of a Merchant should not be construed as a recommendation.

h. If You enter into a contract with a Merchant listed on www.wowsta.com.au (such as a contract of sale), the contract shall exist only between You and the Merchant. In the event of a problem with the product or service that has been ordered all queries, except those relating to products purchased via the Wowsta Shopping cart, should be directed to the Merchant concerned.

4. Member Accounts

a.  Consumers may join Wowsta as FREE members at any time by completing the Member Registration Form

b.  As FREE members, users are entitled to access discounts of up to a maximum of 10% at selected merchants involved in the Wowsta Shopping. Leisure & Lifestyle Program

c.  Consumers may also join Wowsta as a VIP Member or may upgrade to VIP Member status from a FREE member at any time by paying the appropriate VIP Membership Fee.

d.  The VIP Membership FEE has been set at $99.95 annually.  Discounts may be offered by Strategic Partners at varying times.  At times there may also be monthly VIP Membership options available.

e.  VIP members are entitled to access discounts at the VIP level at all merchants involved in the Wowsta Shopping, Leisure & Lifestyle Program.

f.  Fees for VIP Memberships are non-refundable but at the discretion of the Wowsta CEO may be transferred to another member.

Wowsta Australia Pty Ltd reserves the right to close Your account if You are deemed, at Our sole discretion, for any misuse of the Service or in any other unacceptable manner.

 

5. Intellectual Property

a. The names, images and logos identifying Wowsta Australia Pty Ltd, Wowsta or Merchants and their products and services are subject to copyright, design rights and trade marks of the respective parties. Nothing contained in these Terms shall be construed as conferring by implication or otherwise any license or right to use any trademark, patent, design right or copyright of Wowsta Australia Pty Ltd or a Merchant. Unless otherwise specified the copyright in the contents of all the pages in this Website are owned by or licensed to Wowsta Australia Pty Ltd.

b. Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right to be identified as the author of those works.

 

6. Limitation of Liability

a. The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and You should not rely on any material in the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

b. You are not entitled to reproduce, or redistribute any part of the content of the Website for any purpose whatsoever.

c. Except for deliberate or negligent acts or omissions Wowsta Australia Pty Ltd specifically excludes all and any losses, liabilities, claims, damages, expenses or costs arising in connection with your use of or inability to use the Website; any unauthorised access to or alterations of information provided on the Website; your use of any third party websites (including without limitation those that may be connected by hyperlink to this site); any arrangements entered into with any third party in connection with any information provided by or in connection with the Website; and/or the inaccuracy, incompleteness or tardiness of any information supplied through the Website.

 

7. Breach of Terms

a. If you breach these Terms and Wowsta Australia takes no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.

b. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provision of these Terms shall not be affected.

c. If You breach these Terms, We reserve the right to suspend Your account indefinitely and take such other action to protect our business and merchant suppliers as is reasonably necessary.

 

8. Termination of Service

a. We reserve the right to close or suspend the Service at any time. We will usually try to give 30 days notice of termination or suspension, in which case You will be notified that the Service is closing.

9. Applicable Law and Entire Agreement

a. Your use of the Service and these Terms shall be subject only to the laws of the Commonwealth of Australia which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.

b. These Terms constitute the entire agreement between You and Wowsta Australia Pty Ltd relating to the subject matter herein.

 

10. Data Protection & Privacy

a. Any details which You provide to Wowsta Australia Pty Ltd from which We can identify You are held and processed in accordance with our Privacy Policy.

b. Personal information, including but not limited to profiles of users and merchant or service provider access patterns may be used by Us for the purposes of providing targeted offers and promotions to You both by tailoring of the online presence and also, where You have opted in to receive email & SMS marketing, by targeted email & SMS marketing.

c. The fact of Your registration on Wowsta will be made available to your nominated beneficiary. This information is limited to first and last name and, if relevant, email address.  You should notify Wowsta if you do not wish your nominated Beneficiary to have access to this information.

d. Further details are set out in our Privacy Policy including details of how to obtain a copy of all personal information that we hold about you.

e. Wowsta Australia Pty Ltd cooperates with law enforcement inquiries, as well as other third parties, to enforce laws and third party rights, such as intellectual property rights, laws relating to fraud and general abuse of terms. Therefore, in response to a request by law enforcement or other officials such as a Section 29 (3) Data Protection Act 1998 form relating to a criminal investigation or alleged illegal activity, or other activity that may expose us or you to legal liability, we can (and you authorise us to) disclose personal information (such as name, address, telephone number, email address and usage patterns), about you as we, in our sole discretion, believe necessary or appropriate. Further, we can (and you authorise us to) disclose your name, address, telephone number and email address as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement or other activity contravening the terms and conditions of service.

f. By registering as a member of Wowsta you acknowledge that you are also registering as a member of the Wowsta My Just Rewards Lifestyle Collection Program which is managed by ICE Vacations, a third party partner of Wowsta Australia Pty Ltd.  By acknowledging this dual registration you are giving permission for Wowsta to share your registration details with ICE Vacations for the sole purpose of managing your Wowsta Travel & Lifestyle Dollars account.

 

11. Security

a. Wowsta Australia Pty Ltd is aware of Our obligations to protect your details.

b. We have no access to credit or other financial details that You give to Merchants when making purchases.

c. You should satisfy Yourself of a Merchant’s security and authenticity before entering Your credit card or other financial details or passwords into any website, whether or not accessed via Wowsta. If you are ever unsure of a website’s authenticity or security provision, you should not continue with Your transaction.

These Terms & Conditions were updated October 2015