SECTION 1 – PRIVACY STATEMENT
WOW Wipes is dedicated to keeping your details private and therefore any personal information we collect is for business and shipping use only and is kept strictly confidential. We do not sell or share your personal details to third parties.
When purchasing from wowwipes.com.au your financial details are passed through a secure server using the latest industry standard encryption technology.
SECTION 2 – YOUR ACCEPTANCE OF OUR TERMS
By visiting, using and/or purchasing from our Online Store, you (being a user of our Online Store, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content):
- agree to be bound by the following Terms:
- represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow your minor dependents (provided the minor is at least 16 years of age) to use our Online Store;
- understand that any information you provide to us (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Please refer to our Privacy Statement for how we deal with your personal information;
- agree that we may refuse you access to, or provision of, our Online Store for any reason at any time; and
- agree that a breach of any of these Terms may result in the immediate termination of your use of the Online Store and our provision of products and services to you.
In the unlikely event you have a dispute with us please note Section 17 – Governing Law & Disputes, which requires that you agree to resolve any dispute you may have with us through binding confidential individual arbitration, which means that you waive all rights to have a dispute decided by a judge or jury and that you also waive your right to participate in class actions.
SECTION 3 – CHANGES TO TERMS
You can review the most current version of our Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates and/or changes to our Site.
It is your responsibility to check this page periodically for changes. Your continued use of or access to our Online Store following the posting of any changes to our Terms constitutes acceptance of those changes.
SECTION 4 – ACCURACY, COMPLETENESS AND OMISSIONS
While we make every effort to ensure information is accurate and up-to-date, occasionally there may be information on our Online Store or in the provision of our products and services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions and images, pricing, promotions, offers, product shipping charges, transit times and availability.
We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders if any information on our Online Store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), to the extent permitted by law.
We have no obligation to update, amend or clarify information on our Online Store, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Online Store or on any related website, should be taken to indicate that all information on our Online Store or on any related website has been modified or updated.
SECTION 5 – MODIFICATIONS TO OUR ONLINE STORE AND PRICES
Prices for our products and services are subject to change without notice. Applicable taxes and shipping charges will be shown during the checkout process prior to finalising your order.
We may at any time modify or discontinue our Online Store (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Online Store.
SECTION 6 – PRODUCTS AND SERVICES
When it comes to our products and services here are some key things you need to know:
- We may limit the sales of our products or services to any person, geographic region or jurisdiction, and where a product or service offered on our Site is prohibited in that jurisdiction any such offering is null and void.
- We may limit the quantities of any products or services that we offer and/or discontinue any product or service at any time.
- Your placement of an order does not guarantee acceptance of your order by us and we may refuse any order for any reason.
- All products and services are subject to availability and we may impose limits on any order, reject all or part of an order, and/or discontinue products without notice, even if you have already placed an order with us.
- We may in relation to any sales and special promotions offered by us, cancel the offer at any time, refuse participation in the offer for any reason and amend the terms and conditions of the offer at any time without notice.
- All products are subject to return or exchange in strict compliance with our Returns & Refund Policy.
- All descriptions of products or product pricing are subject to change in accordance with Section 5 – Modifications to our Online Store and Prices.
- We have made every effort to display as accurately as possible the colours and images of our products that appear in our Online Store, however we cannot guarantee that your computer monitor’s display of any colour will be accurate.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
- Delivery estimates, as the name suggests, are estimates only. Please do not rely upon them as a guaranteed delivery time.
SECTION 7 – ACCOUNT INFORMATION & PAYMENT, ORDERS & DELIVERY
Account Information & Payment
If you create an account with us, you agree that you are responsible for keeping your password secure. We are not liable for any loss or damage from your failure to maintain the security of your account and password.
Whether you purchase our products from time to time on a one-off basis or subscribe to a regular delivery of our products, you agree to provide current, complete and accurate purchase and account information (and update that information ASAP if it changes) for all purchases.
You must ensure that all information provided to us for the purpose of processing payments is correct and you are authorised to utilise the given payment method. You acknowledge that we are entitled to verify the authenticity of the payment information you provide (please note this not only protects us but protects you too).
Unfortunately, if you do not provide us with accurate and up-to-date information, we may not be able to fulfill your order, contact you and may suspend or terminate your account .
We may refuse any order you place with us, or limit or cancel quantities purchased per person, per business, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by using the email, phone number and/or billing/shipping address provided at the time the order was made.
We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
Dispatch and Delivery
Orders will be shipped with 24-48 hours of the order being placed.
We endeavour to dispatch and deliver all orders on-time, however we cannot guarantee that the third party shipping providers we use will not experience shipping delays or problems. If more than fourteen (14) days have passed since you received a shipping confirmation email from us, please contact us at firstname.lastname@example.org so that we may rectify the problem. You must contact us within 2 months of the shipping date for us to be able to help.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide us with submissions (for example, an entry to one of our promotions), product reviews, creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium (including but not limited to publication on our Site or social media pages) any Comments that you forward to us. We are and shall be under no obligation to:
- maintain any Comments in confidence;
- pay compensation for any Comments; or
- respond to any Comments.
We may monitor, edit or remove content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Your comments must not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights, or otherwise breach the matters set out in Section 11 – Prohibited Uses. You must not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 9 – OUR CONTENT (INTELLECTUAL PROPERTY RIGHTS)
We own all intellectual property rights in our Site and the content we publish on it (including, but not limited to, our name and logo, images, blog content). Nothing in these Terms or your access and use of our Online Store gives you any rights in our Online Store. You agree not to reproduce, duplicate, copy, alter, sell, resell or exploit any portion of our Online Store, without express written permission by us.
SECTION 10 – PERSONAL INFORMATION
We take our obligations in relation to your privacy seriously and your submission of personal information through our store is governed by our Privacy Statement
SECTION 11 – PROHIBITED USES
When using our Online Store, our Site its content, or features and tools (including but not limited to SMS/MMS marketing) provided by third parties, or when engaging with us on social media (collectively referred to as the “Platforms”). In addition to other prohibitions set out elsewhere in these Terms, you must not use the Platforms:
- for any unlawful purpose (including to solicit others to perform or participate in any unlawful acts);
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, stalk, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information or otherwise act in a fraudulent manner;
- to upload or transmit pirated computer programs, viruses, worms, trojan horses or any other type of malicious or harmful code that will or may be used in any way that will affect the functionality or operation of the Platforms or of any related website, other websites, or the Internet;
- to collect, track, publish, share or otherwise use without express consent the personal information of others (including but not limited to health information);
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- to offer any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- for any obscene, profane, lascivious, violent, hate-related, bigotry-related, or immoral purpose; or
- to interfere with or circumvent the security features of the Platforms or any related website, other websites, or the Internet.
We (or the relevant third-party) may terminate your use of the Platforms or any related website for violating any of the prohibited uses set out in these Terms and/or the third-parties terms and conditions.
SECTION 12 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee that your use of our Online Store will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of our Online Store will be accurate or reliable. From time to time we may remove our Online Store (in whole or part) for indefinite periods of time or cancel at any time, without notice to you.
Your use of, or inability to use, our Site is at your sole risk. Our Online Store including all products and services delivered to you are (except as expressly stated by us or where a warranty cannot be excluded by law) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WOW Wipes our related bodies corporate, our and our related bodies corporates’ directors, officers, employees, affiliates, partners, agents, contractors, interns, suppliers, service providers or licensors (collectively referred to as the “WOW Wipes Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of or for any other claim related in any way to our Online Store (as defined in these Terms), including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Online Store, even if advised of their possibility. If the WOW Wipes Parties are liable to you in any way, such liability will not exceed the total cost of our products ordered by you. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the WOW Wipes Parties from any claim, demand, proceeding, loss, damages or expense (including reasonable legal fees), made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION & SURVIVAL
These Terms remain in force and are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Online Store and when you cease using our Site.
If we believe you fail, or we suspect that you have failed, to comply with any part of these Terms, we may terminate these Terms immediately without notice to you and:
- you will remain liable for all amounts due up to and including the date of termination; and/or
- we may deny you access to our Online Store (or any part thereof).
Any obligations and liabilities of you and/or us incurred prior to the termination date of these Terms shall survive the termination of these Terms for all purposes. Further any terms by their nature and context that are intended to survive termination will survive. We have no responsibility or liability to you for any damages, loss, expense or other claim arising from the termination of these Terms or the denial of access to our Online Store.
SECTION 16 – ENTIRE AGREEMENT, INTERPRETATION & WAIVER
These Terms and any additional terms and conditions and policies referenced in these Terms or on our Site constitutes the entire agreement and understanding between you and us and govern your use of our Online Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SECTION 17 – GOVERNING LAW & DISPUTES
These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, in the Commonwealth of Australia (“Governing Law”).
To the fullest extent permitted by law, you agree to waive any right to trial by judge or jury and to class action litigation. You expressly agree to resolve any dispute (that we cannot resolve between ourselves) via individual confidential arbitration, to which the arbitrator will apply the relevant Governing Law (“Arbitration & Waiver Provision”).
SECTION 18 – FORCE MAJEURE
We will be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of that unexpected event or series of events. This includes weather conditions, acts of nature, God, war or terrorism, insurrection, riots, civil disorders or rebellion, pandemics, quarantines or embargoes, labour strikes, or other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund.