WonderPass

Terms and Conditions

Last updated October 14th, 2021

These terms and conditions apply to our WonderPass subscription service (WonderPass). Capitalised terms used herein and not otherwise defined shall have the meaning as set forth in clause 11.11.

A WonderPass entitles you to a number of premium benefits. For more information on current benefits and offers, visit www2.amazingco.me/wonderpass.

By applying for a WonderPass, you acknowledge that you have read and understood these terms and conditions (Subscription Agreement) and our policies including our:

Privacy Policy which details how we collect, store, use and disclose Personal Information;
Booking Terms and Conditions which govern our provision of AmazingCo experiences to you; and
Points Policy which governs how Points are earned and redeemed,

each of which are incorporated into these terms and conditions by reference.

You may cancel this Subscription Agreement at any time in accordance with clause 9.

1. ELIGIBILITY CRITERIA

a) To obtain a WonderPass you must:

i) be a resident of Sydney, Australia; Melbourne, Australia; or Brisbane, Australia;

ii) be aged 18 years or older; and

iii) have a current Member Account and valid login credentials.

b) There is a limit of one WonderPass per Member Account.

2. AVAILABILITY OF WONDERPASS

AmazingCo may, in its absolute discretion, terminate or suspend Your WonderPass at any time and without prior notice to You. Such termination shall not affect any Points which have been applied to your Member Account.

3. CHANGES TO WONDERPASS AND SUBSCRIPTION AGREEMENT

AmazingCo reserves the right to change or modify this Subscription Agreement or the terms of Your WonderPass at any time. If such a change or modification materially adversely affects You, AmazingCo will provide You with prior written notice of not less than 20 days.

4. USAGE DATA

AmazingCo will own all right, title and interest in and to any anonymised or aggregated data derived from Your use of the WonderPass (Usage Data).

5. SUBSCRIPTION FEE AND PAYMENT

5.1 Subscription Fee

During the Term, You will pay to AmazingCo the Subscription Fees by recurring credit card charge through our payment provider.

5.2 Dishonoured and Overdue Payments

a) AmazingCo will endeavour to notify You of any dishonoured or overdue payments by informing you via the contact information provided by You on signup, or any change in details notified to us by You in writing from time to time.

b) Fees and charges may be incurred by You for any dishonoured payments by third parties including Your financial institution pursuant to your agreements with them. AmazingCo will not charge you any dishonour fee in the event that payment is not processed, however, You will not be allotted any points or benefits connected with that payment until the payment has been processed by us.

c) Any dishonoured payment remains due and payable by You and will be re-debited to your account if not paid to us by other means. AmazingCo has no obligation to provide you with Points or benefits unless and until the corresponding Subscription Fees have been paid in full.

d) Without limiting any other rights of AmazingCo, if any Subscription Fees or other amounts owing to AmazingCo under this Subscription Agreement remain outstanding for more than 14 days, AmazingCo may:

i) charge interest on all outstanding amounts at the lower of 3% per annum above the Reserve Bank of Australia ‘Cash Rate’ target or the maximum permitted by law, calculated from the date such amounts were due until the date that payment and any interest is received by AmazingCo; and

ii) contact a debt collection agency to collect all outstanding amounts.

5.3 Changes to Subscription Fees

a) We reserve the right to change the Subscription Fees at any time. We agree to provide you with at least 30 days’ written notice of such change via email.

b) The new Subscription Fees will be effective 30 days after the date we provide notice under clause 5.3(a) after which period you authorise AmazingCo to debit the new Subscription Fees from your account. If you do not agree to the new Subscription Fees, you may terminate Your WonderPass in accordance with clause 9.

6. POINTS

a) The Subscription Fees will be converted to Points at the conversion ratio applicable at the time the Subscription Fees are received by us. Points will be applied to your Member Account and will be available to be redeemed against Experiences and Gift Cards immediately upon being credited to your Member Account.

b) Your first Subscription Fee will be due on the commencement date of this Subscription Agreement. Thereafter the Subscription Fee will be due on each quarterly anniversary of the commencement date of this Subscription Agreement.

c) Points may be redeemed against Experiences which are available on the AmazingCo Website at the time of redemption, or against Gift Cards. Points may be redeemed against available Experiences by contacting an AmazingCo concierge through one of the contact methods listed on the AmazingCo Website. Points may be redeemed in accordance with our Points Policy.

d) Points accrued through Your WonderPass are transferrable in accordance with our Points Policy, but are non-refundable and may not be exchanged for a cash equivalent. Points accrued through your WonderPass will expire 12 months after being applied to your Member Account.

7. EXPERIENCES AND GIFT CARDS

a) Once Points have been redeemed against an Experience or a Gift Card, You acknowledge that that Experience (including any changes or cancellation to that experience) or Gift Card will be governed by our Booking Terms and Conditions or Gift Card Terms as applicable. Please see the Booking Terms and Conditions and the Gift Card Terms and Conditions for further information.

b) If You cancel an Experience which You have purchased with Points, any refund owing to you will be refunded in Points to Your Member Account. The expiry date for such refunded amounts will be 12 months from the date the Points were originally applied to Your Member Account, not the date of the refund.

c) Gift Cards may not be cancelled by You for a refund as per our Gift Card Terms.

8. FEEDBACK

You grant to AmazingCo, a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to use, share, commercialise, exploit and incorporate into its products and services any suggestions, enhancement requests, recommendations or other feedback provided by You.

9. TERM, TERMINATION AND EFFECTS

9.1 Term

This Subscription Agreement will commence on the date you pay the first Subscription Fees and continue until terminated by either party in accordance with this Subscription Agreement.

9.2 Termination for Convenience

You may terminate this Subscription Agreement at any time by contacting an AmazingCo Concierge and advising that You wish to terminate your WonderPass.

9.3 Termination by AmazingCo

a) AmazingCo may terminate this Subscription Agreement at any time during the Term;

i) for convenience upon not less than 10 days’ written notice to you; and

ii) on 5 days notice in writing to You if You breach this Subscription Agreement or the terms of any Policies.

b) Without limiting AmazingCo’s rights under clause 9.3 a), AmazingCo may suspend Your WonderPass:

i) if any amount owing to AmazingCo under this Subscription Agreement remains outstanding for a period of longer than 14 days; or

ii) on any other ground, acting reasonably.

9.4 Effects of Termination

a) Upon termination or expiration of this Subscription Agreement for any reason:

i) all amounts owing by You to AmazingCo will become immediately due and payable; and

ii) all rights granted in this Subscription Agreement will immediately cease.

b) After termination, Points will remain on your Member Account for a period of 12 months from the date the Points were applied. You will not be entitled to a refund for any Subscription Fees already paid to AmazingCo prior to the termination date.

c) Sections 5.2 (Dishonoured and Overdue Payments), 9.4 (Effects of Termination), 10 (Privacy) and 11 (General Provisions) will survive expiration or termination of this Subscription Agreement.

10. PRIVACY

We will collect, store, use and disclose your personal information in accordance with our Privacy Policy in your jurisdiction, the terms of which are incorporated by reference into these terms and conditions.

11. GENERAL PROVISIONS

11.1 Complaints Handling

Please contact us at wonderpass@amazingco.me if you have any queries, concerns or complaints relating to your WonderPass. An AmazingCo concierge will discuss your query, concern or complaint with you and escalate the matter as appropriate. Where possible, we will also provide you with a date by which your query, concern or complaint will be resolved.

11.2 Independent Contractors

The parties are independent contractors with respect to each other. Nothing in this Subscription Agreement shall be construed as creating an employer-employee relationship, a partnership, agency relationship or a joint venture between the parties.

11.3 Assignment

You may not assign or transfer this Subscription Agreement (by operation of law or otherwise) without AmazingCo’s prior written consent (which consent AmazingCo may grant or withhold in its sole discretion). AmazingCo may assign or novate this Subscription Agreement in its absolute discretion.

11.4 Governing Law

This Subscription Agreement and any disputes arising out of or in connection with this Subscription Agreement, shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties unconditionally submit to the non-exclusive jurisdiction of the courts located in or exercising jurisdiction in the State of Victoria, Australia to adjudicate any disputes arising out of or in connection with this Subscription Agreement.

11.5 Severability

In the event that any provision of this Subscription Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction:

a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law; and

b) the remaining terms, provisions, covenants and restrictions of this Subscription Agreement shall remain in full force and effect.

11.6 No waiver

No waiver of any breach of any provision of this Subscription Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.

11.7 Entire Agreement

The foregoing constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications, including any quotations or proposals submitted by the parties.

11.8 Notices

A notice, demand, consent, approval or communication under this Subscription Agreement (Notice) must be in English and duly authorised by the sender and sent by email to:

a) if addressed to AmazingCo: hello@amazingco.me; and

b) if addressed to You: at the then current email address recorded in your Membership Account,

as varied by any Notice given by the recipient to the sender prior to sending.

11.9 Execution

This Subscription Agreement may be executed or adopted online, or in counterparts which, taken together, shall be regarded as one and the same instrument.

11.10 Interpretation

In this Subscription Agreement, except where the context otherwise requires: headings are inserted for convenience only and do not affect the interpretation or construction of this Subscription Agreement; the singular includes the plural and vice versa; a reference to a clause or schedule is to a clause of, or schedule to, this Subscription Agreement, and a reference to this Subscription Agreement includes any schedule; another grammatical form of a defined word or expression has a corresponding meaning; a reference to a party is to a party to this Subscription Agreement; a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity; a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Subscription Agreement or any part of it.

11.11 Definitions

In this Subscription Agreement:

AmazingCo, us, we and similar expressions means AmazingCo Group Pty Ltd ACN 146 573 953.

Booking Terms and Conditions means the terms and conditions set forth at https://www2.amazingco.me/legals/terms/bookings.

Experience means any experience available for purchase from time to time on a Website.

Gift Card means an AmazingCo gift card.

Gift Card Terms and Conditions means the terms and conditions located at https://www2.amazingco.me/legals/terms/gift-cards.

Intellectual Property Rights means all intellectual property rights, including:

a) patents, copyrights, trade secrets or rights to have information kept confidential, rights in circuit layouts, database rights, design rights, trade marks, service marks (in each case, whether registered or unregistered, registrable or unregistrable throughout the world), and domain names; and

b) any application or right to apply for registration of any of the rights referred to in paragraph (a).

Member Account means Your AmazingCo member account.

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Points means AmazingCo points which can be redeemed against a variety of AmazingCo services.

Privacy Policy means the privacy policy located at https://www.amazingco.me/aus/privacy-policy.

Subscription Agreement has the meaning given to that term in the opening paragraph of this document.

Subscription Fees means the fees payable in respect of Your WonderPass as set out at https://www2.amazingco.me/wonderpass.

Usage Data has the meaning given to that term in clause 4.

Website means any domain or subdomain owned by a member of the AmazingCo company group, including:

https://amazingco.me/aus/
https://amazingco.me/us/
https://amazingco.me/uk/
https://amazingco.me/ca/
https://www2.amazingco.me
https://www.amazingkidsparties.com.au
https://www.amazingkidsparties.com
https://www.amazingkidsparties.co.nz
https://www.amazingyarravalley.com.au
https://www.amazingmornington.com.au
https://www.amazingbarossa.com.au
https://www.amazinghuntervalley.com.au
https://www.amazingwinetours.com.au
https://www.amazingwinetours.com
https://www.amazingwinetours.co.nz
https://www.amazingteambuilding.com.au

WonderPass has the meaning given to that term in the opening paragraph of this document.

You means the person named as the Member Account holder.