Wonder TERMS AND CONDITIONS OF USE
With effect from 25th October 2021
1. WELCOME TO WONDER
Overview of the Terms
1.2 In these Terms, the Wonder Service is provided by Movies Change People Pty Ltd (ABN 74 284 269 010) of PO Box 1520 Coolum Beach QLD 4573 Australia (referred to as we, our, us) to you, our customer, who signs up to a Wonder account (account) or uses Wonder in any way.
1.3 When you create an account, you accept these Terms.
2. WONDER SERVICES
About Wonder Services
2.1 Wonder offers you various content options for viewing, including selected movies and series, which may be offered on a subscription basis and selected movies, which may be offered on a rental basis (the Content), to be streamed over the internet to compatible devices.
2.2 In these Terms, Wonder, the Wonder Services and our Services means the services provided by Wonder for discovering and watching the Content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all Content, apps and software associated with our Services.
Using the Wonder Services
2.3 To sign up to the Wonder Services you must be located in Australia or New Zealand, be 18 years of age or older, have a valid and current email address, an Australian or New Zealand billing address, and comply with these Terms.
2.4 We will include information on Consumer Advice for our Content. Please note that some Content on Wonder is age-restricted. You must read the classification information we provide in relation to our Content, and supervise other viewers appropriately. This includes making sure that young people only view Content that is suitable for them.
2.5 If you are the account holder, you agree to:
(a) not allow anybody other than people that live in the same household as you to use the Services; and
(b) be responsible for the actions of all third parties who use the Services in connection with your account, including for any breaches of these Terms, and for all relevant charges and fees incurred by such third parties.
2.6 We will endeavour to provide our Services to you with reasonable care and skill. Because of the nature of video on demand internet services, at times our ability to do so will be outside of our control, including our Services’ reliance on other services that we do not own or control (e.g. internet or electricity). We cannot represent or guarantee that the Services will be:
(a) interruption or fault free, or that any faults or errors will be able to be corrected;
(b) available at any particular time or location;
(c) available, or available without change, for any minimum period of time;
(d) completely secure or private (although we will apply reasonable security measures in compliance with applicable law); or
(e) of a high streaming quality.
2.7 We will always try to restore any Service outage within our control as soon as we reasonably can.
2.10 When you purchase a Wonder subscription, a recurring charge is payable by you (in advance) to view a package of movies and series (Subscription). Your Subscription is valid for a specified period of time (e.g. a calendar month or multiple calendar months) which is known as your subscription period. Your Subscription automatically renews (and we will take payment) at the end of each subscription period. Your Subscription will automatically renew for the same period of time as your initial subscription period (unless we agree otherwise) until you end your Subscription.
2.11 You may end your Subscription at any time by cancelling on the Wonder website. If you end your Subscription in this way, you will be able to continue to use the Subscription until any prepaid period expires, after which time your Subscription will end. If you cancel during a free trial or cooling off period, then your Subscription will end immediately.
2.12 Wonder does not generally provide refunds for prepaid Wonder Services.
2.13 Even when your Subscription comes to an end your account will remain active so you can still purchase Services again, should you wish. If you would like to delete your account details permanently, you may do so by sending a request to email@example.com.
2.14 In addition to other rights in these Terms, Wonder may end your Subscription or cancel your account with a minimum of one month’s notice at any time. If we end your Subscription under this clause before the end of your subscription period, we will give you a pro-rata refund to reflect any charges you have already paid us for the remainder of your subscription period following termination.
2.15 We may also cancel your use of all or any part of the Wonder Services immediately if:
(a) it’s reasonably necessary to do so for operational or technical reasons;
(b) we believe on reasonable grounds that you’re using the Wonder Services in breach of these Terms or there has been unauthorised access to your account;
(c) we are withdrawing the relevant Service; or
(d) you don’t pay applicable charges to us when due.
2.16 Where we offer you Content on a rental basis (Movie Rental) you will be charged for the Movie Rental up front. When you rent a movie, you have 30 days to start watching it. As soon as you play your rental, your rental is available for 72 hours. Your rental will be automatically deleted from your library 30 days after you rent it or 72 hours after you start watching it, whichever is sooner.
2.17 Movie Rentals are non-refundable.
3. YOUR ACCOUNT
3.1 You must create an account to access our Services.
3.2 We’ll communicate with you via the email address you register to your account so it must be valid and accessible by you. You are responsible for keeping the email address up to date.
3.3 If we have reason to suspect that you are in breach of these Terms or there has been unauthorised access to your account, we reserve the right to immediately terminate, cancel or suspend your account and revoke your access to the Services.
4. CHARGES AND PAYMENT
4.1 The charges for our Services are described on our website and confirmed when you purchase the relevant Service (Charges).
4.2 If you have a Subscription, we will automatically apply the Charges to the credit/debit card registered to your account at the beginning of every subscription period, unless the Subscription has been cancelled before that renewal. You will be billed for every subscription period on the same day (e.g. if your free trial ends on the 5th then you will be charged around the 5th of each month).
4.3 If an automatic renewal fails and we do not receive the Charges payable from you, we will notify you via email and suspend your Subscription. We will try for at least two weeks to renew your Subscription and then we may cancel your Subscription. You may reactivate your suspended Subscription by updating your current credit/debit card details on the Wonder website. If you don’t want us to continue trying to renew your Subscription for the week, you may cancel your Subscription.
4.4 To rent a Movie Rental, you must pay with a valid credit/debit card. If there is already a valid credit/debit card registered to your account you can opt to use this one or you can enter a new card.
Free Trials and Promotions
4.5 Free trial eligibility is determined by us at our sole discretion and we may limit eligibility to prevent free trial abuse. Existing or recent customers are not eligible for free trials. We may use information such as device ID, method of payment, or an account email address used with an existing or recent Wonder account to determine eligibility. For combinations with other offers, restrictions may apply.
4.6 If you have accepted a free trial of a Subscription, the Subscription will automatically renew after the expiry of the trial period and Charges will apply, unless you decide to end your Subscription before the expiry date.
5. MAKING CHANGES
5.1 To ensure we can respond to the needs of our customers by continually improving Services, we may have to make changes to our Services, Content, Charges, technology, and these Terms, from time to time. We might also cancel or phase out certain Services.
5.2 We will give you advance notice of:
(a) any changes to the Terms that apply to you;
(b) any increase to your recurring charges (we will give at least 30 days' notice of this); and
(c) any major change we make to your Services, where we think the change may have a negative impact on a significant portion of affected customers (we will try to give at least 30 days' notice of this, where practicable),
but we may not give notice of changes that happen in the ordinary course of things, such as changes to our Content (which happens all the time as our rights, and customer interests change), or changes that we think will have a neutral or positive impact on affected customers.
5.3 Where we notify you of any changes, we may do so by emailing you and/or publishing the change on our website. By continuing to use our Services after the change, you are agreeing to the change. If you are unhappy with any change we have made, you may choose to end your Services at any time as described in clause 2.11.
6. CONTENT AND INTELLECTUAL PROPERTY
6.1 All intellectual property and other rights in our Services, and any content included in those Services (including the Content), are owned by us or our licensors. Provided that you comply with these Terms and other applicable laws, we grant you a limited licence to use the Services that you purchase (in the manner that those Services are provided to you), and to view content on those Services, in Australia or New Zealand, for your own personal non-commercial purposes. We do not grant you any other licence. You must not, and you must not attempt or assist, authorise, enable or permit anyone else, to:
(a) access any of our Services or content without permission;
(b) copy, adapt, play or show in public, or communicate to the public, any of our Services or content (including by showing any content in a pub, venue or accommodation facility);
(c) otherwise redistribute, resupply, retransmit, reverse-engineer, decode, decompile, reformat or interfere with our Services or content; and
(d) remove, circumvent, or interfere with any of the copyright notices or attributions, content protection, rights management, encryption or security technologies used for our Services or content.
7. INFORMATION ABOUT YOU
7.2 You may opt out of receiving commercial electronic messages from us by using the unsubscribe facility we provide in the message. However, please note that as the database we operate for the Wonder Services is separate from the database we use for our other services, you agree that you may have to opt out of receiving commercial electronic messages about the Wonder Services and our other services separately (and sometimes this may mean that in order to stop receiving commercial electronic messages from us altogether, you will need to opt out more than once).
8. YOUR RESPONSIBILITIES
8.1 You agree to:
(a) comply with these Terms, follow the instructions and directions we provide about using the Services and only use the Services for lawful purposes;
(b) not interfere with our or anyone else's IT or communications systems, or use of the Services; and
(c) comply with all applicable laws and not breach our rights when using our Services.
8.2 You agree to indemnify us and/or our related companies, from and against any loss, damage, liability, costs or expenses (including legal expenses) suffered or incurred by us and/or our related companies, in connection with any breach by you of these Terms.
Account, passwords and security
8.3 You are responsible for maintaining the confidentiality of your account login details, including your username and password..
8.4 You also agree to notify us immediately of any actual or suspected unauthorised use of your account, login details, or other breach of security.
Your Devices and 3rd Party Services
8.5 If any devices, hardware or equipment supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.
9. CONSUMER PROTECTION LEGISLATION AND LIABILITY
9.1 Nothing in these Terms affect your rights under the Competition and Consumer Act 2010 (Cth) or the fair trading laws. Services provided to you under these Terms come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You may be entitled to a resupply or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage it causes.
9.2 We will not be liable for any loss that is caused by you or by your failure to take reasonable steps to avoid or minimise your loss.
9.3 We will not be liable if any event beyond our reasonable control (e.g. an earthquake, internet outage or power failure) stops us from performing our obligations to you. However, we will,
(a) do our best to keep you informed about what has happened and how long we expect the event (and its impact) to last; and
(b) take reasonable steps to keep performing the Services where we reasonably can.
9.4 Where we use service and infrastructure providers to provide the Services, neither they nor their related companies, nor their employees or directors (Service Providers) have any liability to you in relation to Wonder.
10.1 We may assign your account and the Services to any 3rd party as long as this does not affect your rights under these Terms. You must not assign or otherwise transfer your rights or obligations under these Terms to anyone else, without our prior written consent.
10.2 If any part of these Terms is found to be unfair or unenforceable, then it will be modified so as to be fair or enforceable (as the case may be), or if modification is not reasonably possible then it will be treated as deleted from these Terms, and the rest of these Terms will continue to operate.
10.3 If these Terms end for any reason it does not affect any rights and responsibilities which are intended to continue or come into force afterwards.
10.4 These Terms are governed by the laws of Queensland Australia and the Australian courts shall have exclusive jurisdiction over any dispute arising under them.
10.5 In these Terms, "including" and similar words do not imply any limitation.