Payment Plan Terms
PAYMENT PLAN OVERVIEW
Payment Plans will be available as an option in selected tours or events. At time of purchase, customers will be charged a down payment for the package, along with any associated fees, and the remainder of the cost will be charged in increments each month until the balance has been completed.
If a customer misses a payment, there will be a ten-day grace period of allowance to contact Adventures In Wonderland Customer Service and provide a new form of payment to continue on with the payment plan. If the customer fails to contact Customer Service within those 10 days, their order will be canceled. Accepted methods of payment include the following: U.S. businesses can accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club. Refunds will not be issued. It is up to the customer to ensure funds are available when automated charges are scheduled to hit their account. Any additional questions? Please contact an Adventures In Wonderland representative at firstname.lastname@example.org.
PAYMENT PLAN TERMS AND CONDITIONS
This is a legal agreement (“Agreement”) among you and Adventures In Wonderland Inc. a California corporation and its subsidiaries, affiliates, designees, successors and assigns and sometimes referred to as “AIW”, “we”, “us” or “our” and we may be contacted at 12400 Ventura Blvd #1500, Studio City, CA 91604. By accessing this web site, currently located at thirtysecondstomars.com (the “Site”), and by using the Services (as defined below) accessible through the Site, you agree to, and shall be bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.
Your use of, or participation in, certain Services may be subject to additional terms, and such additional terms will be either listed in this Agreement or will be presented separately to you for your acceptance when you register to use such Services. Our Services include the following, without limitation: the processing of ticket reservations in conjunction with payment plans and payment ticket purchases (through our ticket processing partners) for upcoming events produced or presented by Adventures In Wonderland, its licensees or other authorized agents as announced from time to time on the Site, participation in Adventures In Wonderland Payment Plan (as processed directly through our ticket and payment processing partners) relative to ticket purchases and registering for the receipt of electronic mail marketing, press releases, news, newsletters and other communications and information relating to Adventures In Wonderland Services (the “Services”).
Adventures In Wonderland may offer additional Services or may revise, cancel or discontinue offering any of the existing Services, at its sole and absolute discretion, from time to time, with or without advanced notification to you and this Agreement shall apply to all such additional or revised Services, where applicable. Adventures In Wonderland also reserves the sole and absolute right to cease offering any or all of the Services referenced herein at any time. Please review this Agreement carefully, including the Arbitration provision in Section 10, which describes how Disputes (as defined below) shall be resolved between us, and which specifically provides that no class actions suits shall be brought under or otherwise relative to this Agreement. You acknowledge and agree that this Agreement is subject to change by Adventures In Wonderland in its sole and absolute discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or participation in the Services offered, after the posting of revisions by us to this Agreement, will constitute your agreement to and acceptance of such revisions.
THE PAYMENT PLAN
As a convenience, Adventures In Wonderland is offering on a limited basis, and to a limited number of participants, the option to first reserve, then later purchase tickets to the selected events or tours (“Payment Plan”) in equal installments and over a fixed period of time as specified and pursuant to applicable terms and conditions.
If, for any reason, any of your payments are declined, in whole or in part, then ALL OF THE FOLLOWING WILL APPLY:
(i) your order and your ticket reservation will be permanently and officially cancelled, following our email notification to you of the failed payment attempt(s) and following an opportunity by you to update the credit card information on file within 10 calendar days of our initial notification(s) of such payment failure;
(ii) all initial deposits or prior payment(s) installments made by you shall be entirely forfeited by you and retained by us as of the official cancellation date as partial offset for your default. You acknowledge and agree that, until ALL payments required hereunder are made in accordance with the terms and conditions set forth herein, your participation in the Payment Plan operates only as a ticket reservation and not as an actual ticket purchase. During the term of the Payment Plan, your ticket order will be reserved until final payment is made, and ONLY at such time, shall your tickets be deemed to have been officially purchased and shall then be scheduled for delivery in accordance with our standard shipping, delivery and pick-up rules, terms and conditions. There is a $50.00 restocking fee for failed payments.
ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH.
TICKETING AND PAYMENT PROCESSING
The Payment Plan shall be administered by Adventures In Wonderland and Stripe our authorized ticketing administrator and payment processor and as a Third Party Processor, as that term is later defined herein. All inquires relating to either Payment Plan transactions as processed by Stripe or to your participation in the Payment Plan must be directed to Adventures In Wonderland for handling.
In order to participate in Adventures In Wonderland Payment Plan using the Service, you represent and warrant that you are at least 18 years of age.
SELECTION OF PAYMENT PARTICIPANTS
Only a limited number of general admission tickets shall be made available for Adventures In Wonderland Payment Plan and individuals eligible to participate in the Payment Plan shall be determined on a first-come first-served basis. Adventures In Wonderland may, at any time, and with or without advanced notice, increase or decrease the number of tickets available under the Payment Plan, terminate or discontinue offering the Payment Plan Service.
DATA PROVIDED TO THIRD PARTY SITES, LINKS
Adventures In Wonderland Services, including the Payment Plan, may contain links to web sites of third-parties. By virtue of your participation in Adventures In Wonderland Payment Plan, you may be directed to a third-party website(s) including without limitation, websites controlled and operated by independent ticket processors, merchant and on-line payment processors and administrators, or fraud detection, monitoring and management service providers (“Third Party Processors”), among others, and you acknowledge that such Third Party Processors’ sites are not under the direct or indirect control of Adventures In Wonderland and that Adventures In Wonderland is not, and shall not be, held responsible for the handling or processing of any information obtained from or provided by you to such Third Party Processors or for any changes or updates to such Third Party Processors’ Terms and Conditions or to their websites. You additionally acknowledge and agree that all Third Party Processors may subject you to additional terms and conditions in addition to those set forth in this Agreement. Although Adventures In Wonderland and its Third Party Processors may occasionally use various ways of verifying information that you have provided, you nonetheless agree that Adventures In Wonderland and its Third Party Processors shall have no liability to you arising from any incorrectly verified information as verified by us, or any Third Party Processor. You further agree that Adventures In Wonderland will not be responsible or liable for any loss or damage whatsoever incurred by you as a result of any such dealings with Third Party Processors.
DISCLAIMER OF WARRANTY
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ADVENTURES IN WONDERLAND PROVIDES THE SERVICES ON AN “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. ADVENTURES IN WONDERLAND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES PROVIDED ON THIS SITE OR THAT THE SERVICES PROVIDED BY THIRD PARTY PROCESSORS WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ADVENTURES IN WONDERLAND DISCLAIMS ON BEHALF OF ITSELF AND ITS THIRD PARTY PROCESSORS ANY AND ALL LIABILITY FOR, AND NO WARRANTY IS MADE BY ADVENTURES IN WONDERLAND WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR ITS OVERALL USEFULNESS. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL, OR OTHERWISE UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL NOT AFFECT THE OTHERWISE VALID TERMS OR PROVISIONS OR THE WHOLE OF THIS AGREEMENT. THE APPLICABLE TERMS OR PROVISIONS SHALL BE DEEMED MODIFIED TO THE EXTENT NECESSARY TO RENDER SUCH PROVISION ENFORCEABLE, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES WILL BE CONSTRUED AND ENFORCED ACCORDINGLY.
LIMITATION OF DAMAGES
IN NO EVENT WILL ADVENTURES IN WONDERLAND BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES PROVIDED ON THIS SITE OR SERVICES PROVIDED BY THIRD PARTY PROCESSORS, EVEN IF ADVENTURES IN WONDERLAND KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT IS FURTHER AGREED BY YOU THAT UNDER NO CIRCUMSTANCES WILL ADVENTURES IN WONDERLAND AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ANY SERVICES OR THE SITE, EXCEED THE AMOUNT OF $50.00 OR ITS EQUIVALENT.
You agree to indemnify, defend, covenant not to sue, and hold harmless Adventures In Wonderland and each of its officers, directors, employees, principals, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs at the trial and appellate levels) directly or indirectly relating to or arising from any claim regarding
(i) your use of or inability to use Adventures In Wonderland Payment Plan, its Site or its Services,
(ii) Adventures In Wonderland discontinuation of the Payment Plan service;
(iii) your violation of any terms or conditions of this Agreement or your default of any or all of the payment terms associated with the Payment Plan, or
(iv) your violation of any applicable laws, rules or regulations unless caused solely by our gross negligence or willful misconduct.
Notwithstanding the foregoing, Adventures In Wonderland further reserves the sole and exclusive right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall fully cooperate with Adventures In Wonderland in asserting any available defenses.
ARBITRATION OF DISPUTES
You agree that any disputes arising from or relating to the Site, the Services, the Payment Plan, or any relationship or dispute between you Adventures In Wonderland or you and any company or person employed by or which is affiliated with either Adventures In Wonderland, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the California Arbitration code to the maximum extent permitted by applicable law. In no event shall you commence a chargeback dispute with your credit or debit card issuer relative to the Services purchased hereunder or regarding any amounts forfeited hereunder or similar charge reversal. You further agree that Adventures In Wonderland shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
RIGHT TO SEEK INJUNCTION
Violation of this Agreement by you shall cause Adventures In Wonderland irreparable harm, and you therefore agree that Adventures In Wonderland will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to, and without prejudice to, any other rights or remedies that Adventures In Wonderland may have for a breach of this Agreement.
This Agreement, which you accept upon use of the Site or the Services (including the Payment Plan), comprises the entire agreement between you and Adventures In Wonderland regarding the use of the Site and Services and which supersedes any prior agreements between you and Adventures In Wonderland related to your use of the Site or Services. To the extent that FAQ’s are found on the Site relative to the Services being provided hereunder, such FAQ’s are for informational purposes only and shall not be deemed to be part of this Agreement. Unless otherwise explicitly stated, this Agreement will indefinitely survive termination of your use of the Site or the Services. The failure of Adventures In Wonderland to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.