Terms of Service

PLEASE READ THESE TERMS AND CONDITONS OF SERVICE BEFORE USING THIS SITE. www.whispergifts.com ("WhisperGifts") is owned and operated by Ross Poulton, trading as Moonsheep. By using this web site and/or by creating your own gift registry and/or clicking the "I have read and agree to the Terms of Use" button, you signify your acceptance of the following Terms & Conditions and our Privacy Policy.

Privacy Policy

WhisperGifts is committed to protecting the privacy of your personal details. Due to the nature of this website, many details you enter may become publicly available. For more information, please view our privacy policy. Acceptance of these Terms & Conditions implies acceptance of our privacy policy.

Customers are to immediately report to WhisperGifts, via the Contact Page, if they believe there has been a breach of their privacy.

Security Policy

All payments are processed by third parties, including PayPal and Pin Payments

If paying by credit card, we collect your credit card details and pass them immediately to Pin Payments. We never store credit card details on our servers. Our connection to Pin Payments uses Secure Sockets Layer (SSL) technology, something that is strictly enforced by Pin Payments.

If paying by PayPal, your connection to PayPal should use Secure Sockets Layer (SSL) technology, and all connections with PayPal are completed under the PayPal Terms of Service and Privacy Policy. You should confirm you are using SSL whenever paying online.

WhisperGifts will take all reasonable steps to prevent external parties gaining access to your data but no guarantees are or can be made as to the security of your personal information.

Restrictions on Use

A user of this web site without the prior written consent of WhisperGifts or Moonsheep must not:

  • Use this web site for any illegal purpose or in any manner inconsistent with the Terms & Conditions;
  • Copy, reproduce, recompile, decompile, disassemble, reverse engineer, frame, distribute, publish, display, perform, modify upload to, create derivative works from, transmit or in any way exploit this web site, except as permitted by the Terms & Conditions or by applicable law;
  • Interfere with or disrupt networks connected to this web site;
  • Use, transfer, distribute or dispose of information contained in this web site in any manner that would compete with the business of WhisperGifts or Moonsheep;
  • Post any information from this web site to a newsgroup, chat room or discussion board;
  • Defame this web site in any way; or
  • Use this web site or information in a manner that breaches any applicable privacy legislation or the WhisperGifts Privacy Policy.

Intellectual Property Rights

This site includes copyright, trademarks, patents, designs, images, text and confidential information that are otherwise protected by law. Except as expressly authorised by WhisperGifts or Moonsheep, use or misuse of any of these trademarks is strictly prohibited.

The site and its contents are subject to copyright. The copyright is owned by Moonsheep or in the case of some material, a third party.

Users of WhisperGifts may include brand names, trademarks, or other protected names or images when describing gifts on their wedding registry. These names and marks are the property of their owner, and their copyright must be respected.

Liability

Any liability of WhisperGifts or Moonsheep in connection with any breach of services supplied to you by WhisperGifts or Moonsheep (other than a condition or warranty implied by legislation and to the maximum extent permitted by law) will, at the option of WhisperGifts or Moonsheep be limited to the supplying of the services.

In no event will WhisperGifts or Moonsheep be liable to you in excess of any amount payable by you for any services purchased from this web site.

Disclaimer of Liability

The use of this web site is at your sole risk and you acknowledge that this web site, including but not limited to, content, services, goods, (the Items") are provided in their then state and condition, subject to all latent and patent defects.

WhisperGifts and Moonsheep do not warrant that this web site is compatible with your equipment or that this web site is free of errors or viruses or worms and is not liable for any damage you may suffer as a result of such destructive features. WhisperGifts and Moonsheep will not accept responsibility or liability for any fault, inaccuracy, omission, delay or any other failure of this web site caused by your computer equipment.

Neither WhisperGifts, nor Moonsheep, its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profit, business interruption or the loss or data or information.

Third Party Links

The content of other web sites, services, goods or advertisements that may be linked to this web site is not maintained or controlled by WhisperGifts or Moonsheep. WhisperGifts is therefore, not responsible for the availability, content or accuracy of other web sites, services, or goods that may be linked to, or advertised on this site.

Governing Law

These Terms and Conditions are governed and construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from those courts and waives any right to object to any proceedings being brought in those courts.

This site may be accessed throughout Australia and overseas. WhisperGifts and Moonsheep make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

General

Information on this Web site may contain technical inaccuracies or typographical errors. You accept that WhisperGifts and Moonsheep have the right to change the content or technical specifications of any aspect of this web site at any time at WhisperGifts or Moonsheep's sole discretion.

If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the other provisions of the Terms of Use will remain in force.