Wildlings & Co Pty Ltd – Terms and Conditions
These Terms and Conditions (Terms) govern the use of the website operated and owned by Wildlings & Co Pty Ltd (ACN 638 528 935) (“Wildlings”, “we” or “our”) and the purchase of and access to the products and services listed on the Website. These Terms are governed by and construed in accordance with the laws and Courts of New South Wales.
1. Definitions
In these Terms:
Gift Card means a dollar value card with a unique code that can be used as currency to purchase from the Website.
Privacy Policy means the Wildlings Privacy Policy as amended from time to time.
Service means the recreational service / experience offered by the Supplier.
Supplier means the third party that provides the Service following redemption of a Voucher.
Voucher means a voucher for a specific Service.
Website means https://www.thewildlings.com.au or at such other address should the URL change.
2. Making a purchase
2.1 When you purchase and/or use a Voucher or Gift Card and tick the box that says ‘I understand and accept the Terms and Conditions’, you become legally bound by these Terms and the Privacy Policy. The Privacy Policy is available on the Website. Please do not proceed to purchase or use your Voucher or Gift Card until you have read, understood and accepted these Terms and the Privacy Policy.
2.2 When you make a purchase on behalf of someone else (such as purchasing a Voucher for them) and you provide us with their personal information, you warrant that you are authorised to provide us with that personal information and that we are able to use that personal information for the purposes as set out in our Privacy Policy. This would include, for example, using their email address to undertake delivery of the Voucher.
2.3 Each Voucher and Gift Card is valid for a period of three (3) years from the date of purchase.
3. Voucher refunds
3.1 ‘Change-of-Mind Refund Policy’
Subject to clauses 3.2 and 3.3, if you have purchased a Voucher, you can request a refund of the Voucher within fourteen (14) days of the purchase date for change-of-mind. The refund excludes any delivery or transaction fees paid at the time of purchase.
3.2 Conditions of refund
(a) Change-of-mind refunds are only permitted for valid Vouchers that have not been used, i.e. where you have not yet been booked in a date on the Website or directly with the Supplier. Once you have requested a booking, your Voucher cannot be cancelled and is not refundable.
(b) If you are eligible for a refund, the refund will be processed back to the original purchaser only within seven (7) business days.
(c) Any Wildlings account credits used for the purchase will be reapplied to your Wildlings account in the same form of tender.
(d) The Change-of-Mind Refund Policy does not apply to Gift Cards or any purchases made through a rewards platform points system.
(e) After the expiration of fourteen (14) days from the purchase date, no refunds will be granted for ‘Change-of-Mind’.
3.3 Insolvency Event
Notwithstanding clause 3.1, you acknowledge and accept that, in the event that any of the following occurs in respect of a Supplier, you may not be eligible for a refund in respect of any Voucher purchased with that Supplier:
if a petition is presented or a proceeding is commenced (and, in either case, not dismissed within sixty (60) days of presentation or commencement, as the case may be) or an order is made or resolution passed for the winding up, insolvency, dissolution or bankruptcy of the Supplier;
if a receiver or a manager is appointed or administrator is appointed to the Supplier, or to the assets of the Supplier; or
if the Supplier enters into a compromise or arrangement with its creditors for the repayment of its debts.
4.1 Vouchers
Subject to clause 4.2, you may within fourteen (14) days from the date of purchase of a Voucher, request an exchange for any Service on the Website. The request will be actioned by a customer service representative of Wildlings within a reasonable timeframe.
4.2 Conditions of exchange
(a) Only valid Vouchers that have not been used, i.e. where a date has not yet been requested on the Website or booked directly with the Supplier may be exchanged.
(b) Any Voucher changed for an alternative Service will maintain the original expiry date of the Voucher.
(c) If the new Service chosen is of lesser value, any remaining balance will be held on your Wildlings account. This amount is subject to the same expiry date as the original Voucher. If you choose an experience of higher value, you will be required and prompted to pay the difference.
(d) The value of your Voucher that becomes available as account credits will be less any delivery or transaction fees paid at time of purchase.
4.3 Gift Cards
Exchanges do not apply to Gift Cards.
5. Guarantees and warranties
5.1 Nothing in these Terms (including the exclusions and limitations in this section) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted.
5.2 You expressly acknowledge and accept that:
(a) Vouchers are sold by Wildlings on behalf of Suppliers:
(b) Wildlings is not the supplier of the Services. The Services are provided to you directly by the Supplier following the redemption of a Voucher;
(c) Wildlings make no warranty, guarantee or representation (neither express nor implied) about the Services;
(d) any conditions, warranties or other terms implied by statute or common law are excluded from these Terms to the fullest extent permitted by law;
(e) any recourse which may be available to you under Australian Consumer Law or otherwise in relation to the Services (including as a result of a failure to provide the Services with due skill and care or within a reasonable period of time within the validity period, or as a result of the Service not being fit for the purpose described at the point of sale) shall be as against the Supplier, not Wildlings; and
(f) Suppliers hold the necessary insurance for providing the Services. If you have a claim once the Service has been supplied, any such claims are to be made directly to the Supplier.
6. Gift Cards
6.1 Defaced, mutilated, altered, lost or stolen Gift Cards will not be replaced, refunded or redeemed. Gift cards are redeemable for any product on the Website. They are not redeemable for cash and cannot be refunded for change-of-mind. Gift cards cannot be used in conjunction with promotional offers. Gift cards will expire three (3) years from the date of issue. If the date of issue is not specified, the expiry date will be three (3) years after the date of purchase. Gift Cards will be void and may not be redeemed after the expiry date. Gift cards cannot be reloaded. Cash will not be given for any unused balance on a Gift Card. Any unused balance will be applied as account credits. Where purchases exceed available balance on a Gift Card, the purchaser or recipient will be required to pay the difference by other method.
7. Prices
7.1 We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia.
7.2 Wildlings charges a transaction fee to recover the costs it incurs for card payments, Paypal and other payment methods. No transaction fees are payable when redeeming Gift Cards or account credit.
7.3 Transaction fees vary depending on the payment method chosen.
7.4 If transaction fees apply, the transaction fees charged will be clearly displayed to the purchaser at the time of purchase.
7.5 Sometimes, despite our best efforts, Services may be incorrectly displayed on the Website at a price that is lower than the correct price. Where there is such a manifest error, we will notify you of the error as soon as possible and provide you with the option of purchasing the Service at the correct price. In the event that you do not wish to pay the correct price, we reserve our rights to cancel your order, in which case we will refund you any payments that you have made to us in respect of that Service.
8. Transfer of Vouchers
8.1 Vouchers
All valid and unused Vouchers are fully transferable. Wildlings accepts no responsibility for any stolen or fraudulent Vouchers. It is the holder’s responsibility to ensure the safe keeping of the Voucher(s).
8.2 Wildlings Account Credit and Program Points
These may not be transferred under any circumstances.
9. Lost Voucher or Gift Card
9.1 Subject to clause 9.2, if a Voucher or Gift Card is received and subsequently lost or misplaced, the recipient may be eligible to have a replacement emailed to them.
9.2 A replacement Voucher or Gift Card may be provided if the following conditions are met:
(a) the Voucher or Gift Card is still valid and has not yet been exchanged or used;
(b) proof of purchase is provided (either an order number, purchaser’s full name or purchaser’s email address); and
(c) Wildlings is able to correctly verify you as the original recipient.
9.3 Please note it is the recipient’s responsibility to obtain and provide Wildlings with all required verification details. Failure to do so will mean no replacement Voucher or Gift Card will be issued.
10. Vouchers
10.1 Vouchers must be booked and taken within twelve (12) months of purchase.
10.2 If the Voucher is not booked and taken within twelve (12) months, the amount paid for the Voucher will be preserved for a further twenty-four (24) months but the Supplier will not be obliged to offer the Service nor to offer the Service at the same price.
10.3 If, after twelve (12) months from the date of purchase, the price of the Service has increased, an additional amount will need to be paid at the time of booking.
10.4 All Vouchers and Gift Cards must be used within the validity period. For Vouchers, this includes booking and taking your experience. Once a Voucher or Gift Card has expired, Wildlings is under no obligation to offer an extension.
11. Expiry and extensions: account credits
11.1 Account credits carry the same expiry date as the original Voucher or Gift Card. Expired account credits are non-refundable in whole or in part. After credit has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of Wildlings.
11.2 Extensions for use of account credits are not permitted under any circumstances.
12. Voucher and Gift Card delivery
12.1 It is the responsibility of the purchaser to correctly address gifts, whether by email, post or courier. Wildings cannot be held responsible for any damaged, missing or delayed orders where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
12.2 Delivery via email
Wildings is not liable or responsible for any loss suffered as a result of an electronic Voucher or Gift Card being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the intended email recipient does not receive the electronic Voucher or Gift Certificate, please contact us immediately.
12.3 Delivery via Standard Post
Standard Post delivery is via Australia Post. Wildings accepts no responsibility for any damage, loss or delay as a result of using Australia Post’s service. If for any reason your Voucher or Gift Card doesn’t arrive within the timeframe specified by us at the time of purchase, please contact us immediately and we can arrange for an electronic Voucher or Gift Card to be emailed to you.
12.4 Delivery via Express Post
(a) Express Post delivery to physical locations is provided via Australia Post. Wildlings accepts no responsibility for any damage, loss or delay as a result of using postal services. Wildings may provide you with an Australia Post Express Post tracking number in the event you need to locate the whereabouts of your delivery. Express Post deliveries do not require a signature and will be delivered to the specified recipient’s physical postal address provided at time of purchase. Physical postal addresses can only be changed on the same date of purchase during our operating hours, by telephone. Our office opening hours are displayed on the Website.
(b) If the physical postal address provided at time of purchase is incorrect, a redelivery charge of $15.00 for Express Post will apply for the Voucher or Gift Card to be resent. During December and January, our office observes certain closure dates where physical orders are unable to be fulfilled. Closure dates are publicised on the Website.
13. Suppliers
13.1 Although every care is taken in choosing our Suppliers, Wildlings cannot guarantee the safety standards or satisfactory performance of any Supplier, nor can Wildlings accept responsibility for any loss or damage suffered by a participant whilst participating in the Service for which the Supplier will be solely responsible.
13.2 You further acknowledge and accept that:
(a) Wildlings has no responsibility for any Service provided or not provided to you by the Supplier or any other party;
(b) neither Wildlings nor its Suppliers will be held liable for changes to the Service due to circumstances beyond our control;
(c) Wildlings makes no warranty or representation regarding the standard of any Service to be provided to you by the Supplier;
(d) all Vouchers are issued subject to the terms and conditions of each Supplier as well as these Terms; and
(e) Wildlings does not control the business operations of any Supplier.
14. Availability of Services
14.1 All Services are offered by Suppliers subject to availability. Bookings are recommended to be made at least three (3) weeks in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalised until you have received an email confirmation. Please be advised that some Services display availability dates on the Website. These dates are guidelines only and are subject to change. We suggest that if you plan to purchase a Voucher for a date listed at short notice, you contact us to ensure there is still availability before completing the transaction.
14.2 All Services are subject to removal from the Website at any time without notice.
14.3 In the event that a Service is removed from the Website and the Supplier is no longer honouring bookings for that Service, you will be offered an alternative Service with the same Supplier of equivalent value.
14.4 Wildlings accepts no liability for the removal of Services from the Website.
15. Contact details given to Suppliers
15.1 It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the booking process on the Website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your booking (which may result in you forfeiting your Voucher, subject to the Supplier’s terms and conditions).
16. Booking cancellations
16.1 Each Supplier has its own cancellation policies which you are bound to follow.
16.2 If you cancel a booking once it has been made, you may incur a cancellation fee from the Supplier. In the case of short notice cancellations by you, you may also lose your Voucher completely.
16.3 If a Supplier needs to cancel an experience for any reason, you will be offered to reschedule to a convenient alternative date. Wildlings will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.
17. Weather
17.1 Many Services are weather dependent. You will have the Supplier’s details so you can call to confirm whether adverse weather affects your booking. We suggest you call on the morning of your booking if you have any doubt about the weather suitability. If, as a result of the weather, your booking is cancelled by the Supplier, you will be offered alternative times to reschedule at no cost to you.
18. Complaints or problems during your experience
18.1 If you have a problem or a complaint on the day of your booking, please bring this to the Supplier’s attention immediately so that issues may be addressed on the spot, where possible.
19. Descriptions of Services
19.1 Services
Suppliers provide the information about their Services. We try to ensure that our promotional information is accurate and up-to-date, however, the content or format of some Services may change slightly from time to time. The Supplier (upon confirmation of each booking) will provide the final details about each Service. The Supplier will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the Supplier’s terms and conditions at the time your booking is confirmed by the Supplier.
19.2 Illustrations on Website
The photographs used on our Website to illustrate the Services are provided to us by Suppliers and are used as an indication only of the machines, vehicles, craft, venues and animals you will experience.
19.3 Experience session length
Session lengths are approximate and are given by Suppliers as a guide to the total time you will be at their venue. Unless otherwise stated, you will normally take your turn with the Supplier’s other customers and there may be waiting time involved. Any itinerary provided to you is indicative only and the order of events may change.
19.4 Restrictions on taking experiences
Certain Services are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant Service information page on the Website and also in the email of your booking confirmation. Please read this information carefully. It is your responsibility to understand and accept any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the Supplier or forfeit the Voucher all together.
20. Promotional offers
20.1 Wildlings may offer promotional discounts and special offers from time to time (‘Promotional Offers’ or ‘Promotional Codes’). If you have a Promotional Code, it should be entered at the final payment screen where prompted. By redeeming any of Wildlings’ Promotional Codes or Promotional Offers, you agree to accept and comply with all of the following terms and conditions of use:
(a) all discounts arising from Promotional Offers (percentage or dollar discounts) and Promotional Codes are applied to transactions only after any Account Credit or points are used;
(b) promotional codes carry a minimum spend value unless stated otherwise. This minimum spend value refers to payments made using credit card, Afterpay and Paypal. Minimum spend amount does not include attempted purchases with Gift Cards and account credit;
(c) Promotional Offers and Promotional Codes cannot be used in conjunction with Gift Cards;
(d) if you have been provided a valid Promotional Code, you must enter it into the designated field in the shopping cart. Otherwise, the discount will not be applied;
(e) Promotional Codes must be used before the designated expiration date. No extensions will be allowed under any circumstances;
(f) Promotional Codes and Promotional Offers cannot be combined;
(g) unless otherwise specified, Promotional Codes may only be used once per person;
(h) where multiple Promotional Codes are offered, only one can be used per transaction;
(i) where multiple discounts apply, the user will receive the higher of the discounts available;
(j) Wildlings reserves the right to verify the validity of a Promotional Code used at any time. If there has been (or we have reason to believe there has been) any unauthorised use, we will immediately cease all activity on your account;
(k) Wildlings reserves the right to remove any Promotional Offer or Promotional Code without notice at any time; and
(l) Promotional Offers and Promotional Codes may be subject to additional terms and conditions as specified in the relevant Promotion from time to time.
21. Limitation of liability
21.1 Subject to legislation, Wildlings has:
(a) no liability for any loss, injury, claim, cost, damage, or any consequential damages of any kind;
(b) no liability for any act, omission or default, whether negligent or otherwise of any Supplier or third party; and
(c) where Wildlings’ liability cannot be excluded, such liability shall not exceed the price the Purchaser paid us for the Service.
Wildlings reserve the right to change these Terms at any time and any updates to them can be viewed on the Website.
If you have any queries in respect of these Terms or otherwise, please do not hesitate to contact us for assistance:
Wildlings & Co Pty Ltd (ACN 638 528 935)
Post: PO Box 3, Narrabeen NSW 2101
Email: ashleigh@wildlingsadventures.com
Website: https://www.thewildlings.com.au
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