Terms and Conditions – We Wander Experience Gift Packages

• Introduction

This website is owned by Private Sale Pty Ltd (ABN 14 603 829 303) (“We Wander”). By accessing or using this website and our services, you agree to these Terms and Conditions, which include our Privacy Policy (‘Terms’). You should review our Terms including our Privacy Policy carefully and immediately cease using our Website if you do not agree to these Terms.  If you continue to use the website we take it that you have agreed to these Terms.

In these Terms, 'us', 'we' and 'our' means We Wander™.

• About We Wander
  • We Wander operates a Website through which customers can purchase a Box containing a Voucher, a Catalogue of Experiences from third party merchants and also some other treats if you chose to purchase them.
  • Vouchers can be redeemed in exchange for Experiences.
  • All Experiences are provided by third party merchants and not by We Wander.
  • You acknowledge that We Wander acts as a broker, not an agent, between customers and third party merchants.
  • By using our Website and services, you agree to be bound by these Terms and any applicable terms of Merchants.
• Definitions
  • Account means an account registered with the Website.
  • ACL means the Australian Consumer Law.
  • Booking means booking an Experience by a Customer.
  • Booking date means the date on which an Experience is scheduled to occur.
  • Box means a box purchased from We Wander which contains a Voucher and a Catalogue of Experiences.
  • Catalogue means the catalogue of Experiences included in the Box.
  • Customer means a user who purchases a Box through the Website or redeems a Voucher.
  • Experience means an experience or a product provided by a Merchant when a customer redeems a Voucher.
  • Merchant means a third party supplier who provides Experiences.
  • Purchase means a purchase of a Box through the Website.
  • Validity Period means the period during which a Voucher is able to be redeemed as per clause 6.
  • Voucher means a voucher contained in a Box that can be redeemed for an Experience from a Merchant.
  • Website means the We Wander website located at: We Wander.com.au
• Registration
  • Customer
    • You may need to be a registered user to access certain parts of our Website and to make a Purchase.
    • When you register and activate your account or make a Purchase, we may require personal information such as your name, email address, delivery address and telephone number. You must ensure that this information is accurate and current.
    • When you register and activate your account you are responsible for keeping your username and password secure. You are also responsible for all use and activity carried out under your username.
    • To create an account or make a Purchase, you must:
      • be at least 18 years of age;
      • possess the legal right and ability to enter into a legally binding agreement with us; and
      • agree and warrant to use the Website in accordance with these Terms.
    • Box
      • Purchasing a Box
        • A Customer can browse the Website and purchase a Box.
        • The price of a Box is displayed at the time of Purchase. We Wander reserves the right to change the price of a Box at any time at our discretion. All prices are inclusive of GST unless stated otherwise.
        • To purchase a Box, a Customer may be required to have an account and make payment through one of our approved methods which will be displayed at checkout.
        • A Customer will receive a notification to their registered email that their Purchase was successful.
        • A Box contains a Catalogue of Experiences as well as a Voucher which can be used to redeem one Experience.
        • All descriptions, images and other details about Experiences contained in a Box are supplied by the Merchant. We Wander neither verifies nor takes any responsibility for their accuracy.
      • Deliveries
        • We Wander offers several delivery methods which will be displayed at the time of checkout. You may be charged a delivery fee depending on the method you select.
        • We Wander accepts no responsibility for any damage, loss or delay because of a delivery service. If for any reason your Box doesn’t arrive, please contact us immediately and we can arrange for the Voucher to be emailed to you free of charge.
      • Exchanges or Upgrades
        • If a Customer is unhappy with their Box, they can exchange or upgrade the Box at any time during the Validity Period of the Voucher on the following conditions:
          • the Customer, at their own expense returns the Box to We Wander via registered post;
          • the Customer includes their name, delivery address, phone number, and email in the returned Box; and
          • the Vouchers in the Box have not been redeemed or lost.
        • You must return the Box in its original packaging as new and in good condition so that it is able to be resold. You must take reasonable care to ensure the Box with the Voucher is not damaged in your possession or in transit.
        • If a Customer requests that a Box be upgraded or exchanged for a Box with a higher value, the Customer must pay the difference in value. No refunds will be provided if a Customer exchanges a Box for another Box of a lower value.
        • The Validity Period of Vouchers provided in an exchange or upgrade will be the same as the Validity Period of the Voucher provided in the original Box.
        • A Customer can only request one exchange or upgrade. Any further requests will be denied unless we decide otherwise. This is at our absolute discretion.
        • We Wander will not be liable for any loss suffered due to an act or omission of a courier company or postage provider.
        • You can view our full return policy at wewander.com.au/policy
      • Box refunds, cancellations and disputes
        • We Wander wants to ensure that you are satisfied with your Purchase and therefore a Customer can request a refund within 21 days of Purchase if they are not satisfied with the Vouchers contained in a Box. You must provide valid proof of Purchase with your refund request.
        • If a Customer has redeemed a Voucher they waive their right to a refund under clause ‎4(a).
        • Any refund issued will only be for the cost of the Box and will not include any other transaction, postage or delivery fees.

• Vouchers
  • Voucher Validity Period
    • Unless stated otherwise on the Website, a Voucher must be redeemed within 36 months from the date of Purchase.
    • Vouchers will not be accepted for redemption after this period unless agreed to by We Wander and/or the Merchant at their sole discretion.
    • You cannot extend a Voucher which has been expired for more than 6 months.
    • Please contact us for more information about the extension procedure at hello@wewander.com.au
  • Redeeming Vouchers
    • By Redeeming a Voucher, a Customer agrees to be bound by these Terms.
    • To Redeem a Voucher, a Customer must provide their email address together with the following details to the Merchant:
    • A Voucher will contain instructions as to how it can be redeemed.
    • The Customer will receive an email confirmation that their Voucher has been redeemed successfully.
    • The Merchant may charge a deposit at the time of redeeming the Voucher or to book your Experience.
    • We Wander takes all reasonable precautions to ensure that the information contained in the Catalogue is correct and up to date, however, it will not be held responsible for any incorrect information. The Merchant will provide any further relevant information or changes in relation to the Experience at the time of redeeming the Voucher.
    • We Wander takes all reasonable precautions to ensure that the information contained in the Catalogue is correct and up to date. However, the Catalogue of experiences is subject to changes without prior notices, therefore, at the time of redeeming the Voucher, only the Experiences listed online will be available for booking.
    • Once a Voucher is redeemed, you will be bound by any terms and conditions of the Merchant.
    • The cost of transportation to and from the venue of the Experience is not included in the Voucher.
    • By redeeming a Voucher the Customer:
      • is responsible for making sure they are aware of the Merchant’s terms and conditions and that they also comply with the Merchant’s terms and conditions;
      • must maintain all necessary insurance coverage to participate in the Experience;
      • acknowledges that they are aware of any risks associated with the Expeirence.
    • If the Customer requires any further information in relation to an Experience, then they must contact the relevant Merchant directly.
  • Lost, Stolen or Fraudulent Boxes and Vouchers
    • We Wander takes no responsibility if a Customer loses a Box or Voucher. It is the Customer’s responsibility to ensure that the Box and the Voucher are kept safe and to provide We Wander with all necessary information if a replacement is requested.
    • We Wander may, at its sole discretion, offer a replacement Box or Voucher provided the Customer can show:
      • a valid proof of purchase; and that
      • the Voucher is valid and has not been redeemed.
    • We Wander and its Merchants will not honour any stolen or counterfeit Voucher or a Voucher that has been distorted in any way.
  • Bookings

Merchant Availability

• Bookings for Experiences are subject to the Merchant’s availability.
• We recommend that you book at least 3 weeks in advance. If you would like to book during peak times (weekends or holidays), we recommend that you book further in advance and contact the Merchant to confirm availability.

Session duration

• Information about the Experience’s duration is provided by the Merchant and is approximate. Any programs given to the Customer about the Experience are indicative only and any order of events included may vary from time to time.
• A Customer will be treated in the same manner as the Merchant’s other customers and acknowledges that there may be a waiting list or other delays.

Weather conditions

• Some Experiences are dependent on weather conditions and therefore we recommend that the Customer checks the weather forecast for the date of the Booking.
• We Wander will not reimburse any costs (travel, accommodation or other expenses incurred by you, the Merchant or any other person) in the event of a cancellation due to inclement weather.

Other Requirements

• We Wander makes reasonable efforts to list any Voucher restrictions in the Catalogue. These may include, but are not limited to:
  • Health requirements;
  • Age requirements; or
  • Level of experience.
• Please read restrictions and other requirements carefully before choosing an Experience.
• Customers must confirm all requirements or restrictions at the time of redeeming a Voucher directly with the Merchant.
• We Wander will not be held liable for any issue related to Merchant’s requirements and restrictions.
• Some Merchants may be able to facilitate people with disabilities. The Customer can make any enquiries with the Merchant at the time of Booking.

• Booking cancellations
  • Once a Voucher has been redeemed you must request a cancellation from the Merchant directly. You may be held liable for any charges if you cancel a Booking. Such charges may include the loss of your deposit or cancellation fees. You will be bound by the Merchants cancellation policy.
  • If the Customer cancels a booking, they will be bound by the Merchant’s cancellation policy and may forfeit their voucher.
  • Once a date is confirmed with a Merchant it is not possible to change this date unless the Merchant agrees.
  • If a Merchant needs to cancel a Booking they will contact the Customer directly.
  • We Wander will not be liable for any costs (travel, accommodation or other expenses incurred by the Customer, the Merchant or any other person) in the event of a cancellation.
• Booking Disputes
  • If a dispute occurs, the Customer and Merchant agree not to commence court proceedings before making a genuine attempt to mediate the dispute.
  • Where a dispute occurs, we reserve the right not to release funds to the Merchant until the dispute is resolved.
  • The Customer and Merchant agree that We Wander will not be added as a party to any dispute between them. The Customer and Merchant must notify We Wander of the outcome of any dispute between them.

• Accuracy, completeness and timeliness of information
  • The information on our Website is general in nature and should not be relied upon.
  • The information 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 ACL, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
  • We are not liable to you or anyone else if interference with or damage to your computer system 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.
  • 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 will not be liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
• Linked Website
  • Our Website may contain links to websites operated by third parties, including Merchants who list on our Website. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or services offered, and have no control over or rights in those linked websites or services.
• Intellectual property rights
  • 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 (“Content”).
  • Your use of this Website or the Content, does not grant or transfer any rights, title or interest to you in relation to this Website or Content. However, we do grant you a non-exclusive licence to access the Website and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.
  • 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.
• Unacceptable activity
  • You must not do any act that we would deem to be inappropriate, unlawful or  prohibited by any laws applicable to our Website, including but not limited to:
    • 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 legal rights of individuals;
    • using this Website to defame or libel us, our employees, Merchants or other individuals;
    • uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;
    • posting reviews 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 which is otherwise detrimental to or in violation of our systems or a third party's systems or network security.
  • 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.
• Your relationship with We Wander
  • We Wander acts as broker for businesses that supply lifestyle, entertainment and leisure Experiences. Merchants supply their Experiences directly to Customers.
  • You acknowledge that We Wander is not a party to any transactions or supply of services between you and a Merchant.
  • We encourage Merchants to maintain insurance relevant to their Experiences however we make no representations or claims that they in fact do so. It is the Customer’s responsibility to confirm with the Merchant that they hold valid insurance before redeeming a Voucher.
  • We Wander will not be liable for any breach of contract by the Merchant or a Customer, including, but not limited to any failure by the Merchant to honour a Voucher (due to an insolvency event or for any other reason).
  • All Vouchers are issued subject to each Merchant’s terms and conditions (available upon request to the Merchant). Merchants have their own cancellation policy which the Customer must adhere to.
  • We Wander makes all reasonable efforts to ensure that Experiences are safe and that Merchants are professional; however, we do not provide any warranties in this regard and we encourage Customers to make their own enquiries. We Wander will be happy to provide any additional information should the Customer have any questions.
• Warranties and disclaimers
  • To the maximum extent permitted by law, including the ACL, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
  • We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website or any Content, or restrict you from making a Purchase, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
  • Under the ACL you may have certain rights which cannot be excluded. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.
• Liability
  • You understand that all Experiences are supplied by third party Merchants and that We Wander has no liability for any act, omission or default, whether negligent or otherwise in relation to a product or service supplied by a Merchant.
  • We Wander has no liability for any loss or damage occasioned by any negligent act or omission of any Merchant or any third party.
  • Where We Wander’s liability cannot be excluded by law, such liability is limited to the amount paid by the Customer to We Wander for that particular Box.
  • You indemnify us and our directors, officers, employees and agents against any loss or liability arising from any claim against you or against us where such loss or liability arises in respect of your conduct or your breach of this Agreement.
  • To the maximum extent permitted by law, We Wander will not be liable for any direct and indirect loss, damage or expense which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website, or the supply of Boxes or Experiences, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on the Website are incorrect, incomplete or not up-to-date

• No commercial use
  • This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this website. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or business.
• Collection notice
  • We collect personal information about you in order to provide you with our services, respond to enquiries, process your registration and for purposes otherwise set out in our Privacy Policy.
  • We may disclose that information to third parties that help us deliver our services (including Merchants, technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including, but not limited, to PayPal, Google Pay, Shop Pay, developers and other third parties in order to assist with investigating issues.
  • Our Privacy Policy explains:
    • how we store and use, and how you may access and correct your personal information;
    • how you can lodge a complaint regarding the handling of your personal information; and
    • how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at letstalk@wewander.com.au
  • By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Terms.
• Force majeure
  • We Wander will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to
    • acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
    • acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
    • strikes or industrial action;
    • epidemic, pandemic, public health emergency, outbreak of a notifiable human infectious or contagious disease or bacterial infection or any discovery of an organism likely to result in the occurrence of a notifiable human infectious or contagious disease, any disease declared to be a listed human disease pursuant to section 42(1) of the Biosecurity Act 2015 (Cth) or any governmental or quasi-governmental restraint (including by reason of pandemic or action taken by government under the Biosecurity Act 2015 (Cth) or under other Commonwealth, State or Territory laws applicable to a publich health emergency).
  • How you can contact us
    • If you have any queries about We Wander, Boxes, Vouchers or Experiences you are able to submit such queries by contacting us at letstalk@wewander.com.au
    • Any queries or complaints received by us will be referred for investigation by our team and a response will be provided to you as soon as possible.
  • Jurisdiction and governing law

Your use of the Website and these Terms are governed by the laws of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia. If any part of these terms of use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

Terms and Conditions - We Wander Gift Cards