Terms of Use

These legal terms (“Terms of Use“) apply when you use The Wiggles Store website and any online services including applications operated and controlled by us (“Website“). 

It is important that you read these Terms of Use carefully as they apply to all users of the Website. These Terms of Use are subject at all times to The Wiggles Store Privacy Policy 

If you do not accept these Terms of Use, please do not access and/or use the Website.

If you have any questions, please contact us at support@thewigglestore.com.au

1. DETAILS

“We”, “us” and “our” means KKZ Levco Pty Ltd (ABN 20 640 434 402). Our registered business address is 27 Christensen St, Cheltenham VIC 3192, Austalia.

2. ACCEPTANCE OF THE TERMS OF USE

By accessing and using our Website, you indicate your acceptance of these Terms of Use and the associated Privacy Policy 

3. VARIATIONS TO THE TERMS OF USE 

3.1      At times, we may need to make changes to these Terms of Use, for example in accordance with legal and/or regulatory changes, changes in the type of websites or information we provide to you through the Website or to correct errors in these Terms of Use. Such amendments will cause a new copy of the Terms of Use to become available on the Website.

3.2      Our recommendation is to review these Terms of Use from time to time to check if they have changed. We will state at the end of these Terms of Use the date they were last updated, for your reference.          

3.3      If you continue to use the Website after our Terms of Use change, you acknowledge you will be bound by those changes.         

4. YOUR USE OF THE WEBSITE UNDER THESE TERMS OF USE

4.1 Age

If you are under 18 years of age, you must have the consent of your parent or guardian to use any features of the Website. If you are under 18 years of age, you must not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address to us or to any other user of our website.

4.2 User Contributions  

(a) All content submitted on third party social networking websites made available on the respective platform (e.g., Facebook, Instagram, Twitter, LinkedIn) is only moderated by us and the respective social media platform after publication. You acknowledge that we are in no way affiliated with these social media platform providers, and any issues with functionality or terms of service of these service providers should be addressed directly with these service providers. When you access our official pages on our social media platforms, you agree to be bound by and comply with any social media platform terms of service. We do not claim any ownership in your material submitted but you agree to grant us a worldwide, non-exclusive, royalty free, transferrable licence to use, store, host, copy, amend, edit, translate, create derivative works from, incorporate into other works, sub-license and/or otherwise manage in any way your materials at our discretion in the course of our business operations. We acknowledge that you may have moral rights in your material, and you consent to all and any acts or omissions which, but for this consent, would be a breach of those moral rights for the purposes of us using your material in accordance with these terms. All your contributions will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose

(b) You are responsible for any review, comment, rating or information that you post, submit, or publish on the our official social media platform pages. Unless otherwise requested by us for the purposes of using the Website and/or our official social media platform pages, you should not disclose personal information (e.g., your financial details) when you use the Website and/or our official social media platform pages. Any disclosure of such information is done at your own risk and we hereby waive any responsibility for any misuse of such information.     

(c) Any content that we reasonably believe may be offensive, defamatory, in breach of any law or regulation, in breach of any of these Terms of Use or which otherwise may infringe any third-party rights may be removed immediately without notification to you. If you see any such content, please contact us at support@thewigglestore.com.au.

4.3      The Website You must use the Website in a responsible manner. You are not allowed to use the Website: 

(a) for any purpose contrary to the applicable law;      

(b) in connection with a commercial purpose, including but not limited to promoting any product or websites;     

(c) in any way that could reasonably be expected to affect The Wiggles adversely or reflect negatively on our goodwill, name or reputation.     

(d) in any way that could damage or disrupt another user’s computer;     
 
(e) for the transmission, upload or post of any computer viruses, cancelbot, Trojan horses, worms, times or logic bombs, spyware, adware or other harmful files or programs including material designed to adversely affect the operation of any computer software, hardware or equipment or interfere with, intercept or take any data or personal information;        

(f) to transmit, upload or post any material which is offensive, defamatory, racist, obscene or which could cause undue distress to anyone;           

(g) to collect personal data about others, including other users (for example, for “spam”);     
 
(h) in a way that violates or infringes the rights of anyone else, for example other people’s copyright or right to privacy;           

(i) in any unauthorised way that causes our Website service to be interrupted, damaged or rendered less efficient;            

(j) as a means to threaten, stalk, abuse or insult others, including other users;

4.4 Links to our Website must be made in a way that is fair and legal and does not damage our reputation. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on The Wiggles part, where none exists. Further, you are not permitted to link to our Website from the following “Prohibited Websites”:

  1. websites that promote, encourage or enable violence;
  2. websites that discriminate against any specific group or otherwise exploit the vulnerable;
  3. websites that promote, encourage or enable terrorism or other activities that risk Australian or other countries national security and associated security policies; 
  4. websites that incite hatred or encourage such behaviour, whether based on race, religion, gender, sexuality or otherwise;
  5. websites that promote, encourage or enable illegal activity;
  6. websites which are misleading, defamatory, or that contain illegal, pornographic or otherwise actionable content under Australian and/or international law; and/or
  7. websites infringing individual privacy.

4.5       We provide the Website solely for your personal and non-commercial use. The information and materials must not be used for any other purpose, including for advertising or selling any goods or services, without our express written permission. For example, you are not allowed to copy, transmit or reverse engineer content available on the Website without our prior written consent. Unless we specifically tell you otherwise this restriction also applies to you modifying any information or materials available via the Website.

4.6      The information, data, graphics, logos, images, videos, RSS feeds, widgets, software, advertisements or other content or materials available on the Website and information provided by us and other third parties as part of the Website are protected by intellectual property rights including but not limited to copyright, designs and trade marks. You do not have any ownership in that material or information and you may only use that material and information in accordance with these Terms of Use. 

4.7      If any information provided by you is inaccurate, or not current or complete, or we have reasonable grounds to suspect as such, we have the right to suspend or terminate your access to those parts of the Website requiring registration.             

4.8      You agree that we have no responsibility or liability for the deletion of or failure to store any messages and other communications or other content held or transmitted by the Website, other than your personal information, handled in accordance with our Privacy Policy.

5. TERMS OF SALE

All prices displayed on and processed by this website are in Australian dollars and include 10% Goods and Services Tax (GST) where applicable. Customers with non-Australian billing and shipping addresses are not required to pay GST and this amount is automatically deducted from the order total during checkout.

All orders received are subject to acceptance by The Wiggles Store. Payment is required before orders are dispatched. Unpaid orders are automatically cancelled after two business days or earlier at our discretion. We reserve the right to request additional information from the customer to ascertain the validity of payment information or personal details. Non-Australian credit cards are verified prior to order dispatch. 

Cancellation requests prior to dispatch will incur a cancellation fee to cover Merchant provider fees and charges. Credit Card and PayPal 5%. Discounts or credits will not be retrospectively applied after an order has been generated. Only one discount code, bundle or promotion may be applied per order.

We uses Australia Post and couriers as our delivery carriers, and chooses the appropriate carrier based on the customer’s shipping option at its discretion. A street address is required for Australian deliveries, aside from regional and remote areas which are not serviced by couriers. Delivery times (after dispatch) are estimates provided to The Wiggles Store by its delivery carriers. We cannot accept responsibility or provide compensation for delivery carrier delays, errors, loss or damage. Insurance is not included. Whilst we are happy to advise delivery carriers of customer instructions for Authority to Leave, this risk passes to the customer and the order is ineligible for any claim

The customer is responsible for checking order details are correct – including products, quantities, shipping option selected, billing and shipping details – before placing an order. An order confirmation email is automatically sent to the customer confirming the details and order status. Should this not be received, customers should check their junk email and add The Wiggles Store to their safe email recipient list. Should an error be present, please contact us immediately to amend prior to dispatch. Once an order is dispatched, our Returns Policy applies. Parcels returned to sender due to incorrect address details are charged an additional fee for re-delivery.

The customer is responsible for any taxes, duties, charges or restrictions that may be imposed on deliveries outside of Australia. International customers should research this before purchasing.

The Wiggles Store offers change of mind returns for refund. This is in additional to consumer statutory rights. Change of mind returns are a voluntary policy offered at our discretion. Customers should read the Returns Policy in full prior to placing an order so they are informed of change of mind return conditions and procedures for statutory claims. Any returns for which The Wiggles Store has paid shipping in the first instance will be deducted from the refund amount provided. If no delivery charge was incurred by the customer due to ‘free shipping’ a $10 ‘cost of shipping’ fee will be deducted from the refund.

Please contact us at support@thewigglestsore.com.au prior to purchasing if you have any questions about products. 

Every effort has been made to ensure the accuracy of prices for products, services and other charges displayed on this website. In the event that a price for a product, service or charge is incorrect due to a typographical error, The Wiggles Store reserves the right to refuse or cancel your order or amend the incorrect price and request additional payment before processing your order, regardless of order confirmation or payment status. 


Every effort is made to ensure the accuracy of product descriptions and images displayed on this website. This information is obtained from product manufacturers and distributors and is reliant upon their accuracy and completeness. As a result, The Wiggles Store cannot guarantee the accuracy and completeness of this information. We make no warranties or representations of any kind and accepts no liability to any person or entity with respect to any inaccuracy, misleading information, loss or damage caused directly or indirectly by the information contained on this website. The customer acknowledges and warrants that it has relied on its own skill and judgment and suitability of the products and information, and indemnifies The Wiggles Store and its employees from and against any suit, claim, demand or compensation which the customer or others may have against us in relation to: the products provided to the customer; the customer’s use of the products; and any information contained on this website.

All website content, including text, images and design concepts are the property of The Wiggles Store. Written permission must be obtain prior to using any material contained on this website. Unauthorised commercial and non-commercial use is prohibited and all infringements will be pursued and reported.

6. COMPETITIONS

If you enter a competition, we will let you know the specific rules that apply to that particular competition at the time the competition is run.

7. THIRD PARTY LINKS 

7.1 These Terms of Use apply only to your use of the Website and we cannot be responsible for any products, contents and websites available on any other websites as we do not control these platforms. Any terms, conditions, warranties or representations associated with any communications or transactions on any third-party sites are solely between you and the relevant provider of that website and/or such service.

Bookings – Tours and Events

7.2      Venues, tours or events for which you may find information on our Website will have their own Terms & Conditions and we recommend you view these prior to making any purchase. These entry conditions will usually be made available on the venue, tour operator or event website or by contacting the venue, tour operator or event operator.

7.3      Unless otherwise stated, we do not have any contractual involvement in your dealings with the venues, tour operators or event operators on the Website. Any disputes between you and any venue, tour operator or event operator listed on the Website (for example, in relation to any booking at the venue, promotional offer, venue information, food, venue website, bill, tour or event) will be resolved between you and the venue, tour operator or event operator. 

Advertising, Sponsorship and associated links

7.4 The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for depiction on our Website comply with relevant laws, regulations and codes and these Terms of Use. We will not be responsible for any error or inaccuracy in such advertising or sponsorship materials.

8. SERVICE LEVEL, WARRANTY AND LIABILITY

8.1 The Website is provided “as is” and on an “as available” basis without any representation or endorsement of any kind.

8.2 Information on the Website is published for the purpose of general information provision and is not intended to constitute advice where reliance should be placed. We do not warrant any materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on the Website by you or by anyone who may be informed of any of the contents of the Website.

8.3 To the extent we are in control, we endeavour to provide a high level of performance for the Website. The Website may sometimes be unavailable for technical reasons, for maintenance or for us to make editorial changes. We may also decide at any time to discontinue providing certain parts of the Website, or cease the Website entirely. Any such decision may be at any time, without prior notice and at our sole discretion.

8.4 We use reasonable efforts to check information and content on the Website and the Website for viruses, however we do not warrant that the Website will be free of viruses or malicious material and recommend that you also use care in this regard by using anti-virus software when accessing the Website.

8.5 We will not be liable to you for failures, defects or delays in the Website in any circumstances, including without limitation where you have provided incorrect information in connection with the Website or you fail to comply with the instructions for use of the Website as explained by us.

8.6 We accept no liability in respect of any User Contributions.

8.7 To the fullest extent permitted by applicable law, we, The Wiggles Store, disclaim all warranties, conditions and other terms of use of any kind, express or implied, in connection with the Website and your use of the Website (including, without limitation, as to satisfactory quality, fitness for a purpose, non-infringement, security and correctness).  

8.8 To the fullest extent permitted by applicable law, we, The Wiggles Store, expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss from or in connection with the use of the Website, including but not limited to loss of data, loss of revenue, loss of profits, loss of business or contracts, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by a third party including infringement of any intellectual property or privacy rights. This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.

8.9 We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.

8.10 To the fullest extent permitted by applicable law, you agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the Website other than in accordance with these Terms of Use or any applicable law or regulation.

9. TERMINATION OR SUSPENSION OF ACCESS

We have the right to suspend or terminate your access to the Website or any aspect of it if you do not comply with these Terms of Use. We will use reasonable efforts to give you prior notice of our intention to suspend or terminate your access unless your non-compliance is or could be against the law, is adversely affecting other users of the Website or could damage our reputation.

10. PRIVACY

10.1     You may be asked to input information about yourself on different areas of the Website. We recommend you read our Privacy Policy and Privacy Collection Statement containing further information about how we collect, store and use information about you in providing the Website.  We will comply with all applicable privacy legislation from time to time in place in respect of any personal information you submit to us.         

10.2    Privacy related communications including but not limited to removal of personal information from our database and privacy complaints, can be directed to our Privacy Officer at support@thewigglestore.com.au

11. COMPLAINTS

If you want to make a complaint about the Website or if you think your or someone else’s intellectual property or other rights have been infringed on the Website, you can give us full details by sending an email to us at support@thewigglestore.com.au

12. SEVERABILITY

If any of the provisions under these Terms of Use are deemed invalid, illegal or unenforceable, then to the extent and within the jurisdiction in which that term is affected, it will be severed from these Terms of Use and the remaining Terms of Use will remain in full force and effect, continuing to be binding and enforceable.

13. NO WAIVER

No waiver of any rights by either you or us will be taken as a waiver of any other rights you or we may have. For example, if we waive our rights to complain about a particular breach of these terms by you, it does not prevent us from complaining about other breaches.

14. NO ASSIGNMENT

Other than as expressly set out under these Terms of Use, you may not assign or purport to assign your rights or obligations under these Terms of Use. 

15. GOVERNING LAW AND JURISDICTION

These terms are governed by and construed in accordance with the laws of Victoria, Australia and both parties agree to submit to the non-exclusive jurisdiction of the Victorian courts.

Last updated 17 June 2021.

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