General Terms and conditions
Article 1: Overview
In these Terms and Conditions, the expressions ‘we’ and ‘us’ are a reference to Whahoo Pty Ltd.
Whahoo Pty Ltd is owned by Rainmakers, Dennenlaan 46, 3739 KP Hollandsche Rading, The Netherlands and Bart Werner, 8 Woodbine Close, Lisarow, 2250 NSW, Australia.
These Terms and Conditions apply to all sales by us through one of these websites: Whahoo.com.au (‘the Whahoo website’) and Babyhoroscopes.com.au (‘the Baby Horoscopes website’) and your use of the Whahoo and/or Baby Horoscopes website. If you do not accept these Terms and Conditions, you must refrain from using this website. These Terms and Conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
These website offers for sale horoscopes for babies, children and adults and associated products. Products offered for sale may be physical products for delivery or electronic products (PDF’s).
We reserve the right to amend the present general terms and conditions of sale at any time, upon publication of any such amendments are published on this website. Your continued use of or placement of an order via this website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Article 2: Use of the Whahoo and/or Baby Horoscopes websites
As a user of the Whahoo and or Baby Horoscopes website, whether placing an order or otherwise, you agree that when using the Whahoo and or Baby Horoscopes website, you will not do or attempt to do any of the following:
- Gain unauthorised access to any part of the website or any other system, network or server connected to the website, or any content, information, material or documentation contained on the website, including by hacking or any other means;
- Use the website to obtain, trace or exploit the information, including personal information, of any user or member of the website;
- Breach or circumvent any security or authentication measures on the website or any other system, network or server connected to the website:
- Use any software, process or other means to interfere with the working of the website in any way:
- Use the website for any purpose which is illegal or breaches these Terms and Conditions.
Article 3: Prices
Prices for products offered on these websites are given in Australian dollars and are inclusive of all taxes including GST unless stated otherwise. If you would like to view prices and/or purchase products in other currencies (including $NZ, $US, Pound Sterling and Euro), please select the ‘Currency conversion’ button and follow the prompts. Unless a different currency is selected for an order, all orders are payable in Australian dollars.
For all consignments to be shipped outside of Australia, invoices are automatically calculated exclusive of taxes. Any customs duties, other local taxes, import duties or state taxes that may apply are your sole responsibility and are not payable by us.
Special Offers: special offers on our products are available for a limited period only. Where more than one promotion is offered on the same product at the same time, only one promotion can be claimed at any one time and you are able to select which available promotion you wish to claim at the time of order.
We reserve the right to change our prices at any time, although products will be invoiced at the price in effect when the order was placed, subject to availability. Information relating to prices and product availability is liable to change and is given by way of indication only.
Article 4: Delivery (Postage and Packing)
Purchase prices for physical products stated on the website do not include a delivery fee unless otherwise specified. Delivery fees will be charged on orders in addition to purchase prices. As a guide, the delivery fee includes preparation, packaging and postage and is charged as follows:
- Within Australia:
- Regular post A$ 12,50 per book
- Every additional book to the same address – regular post A$ 2,50
- New Zealand:
- Airmail A$ 18,50 per book
- Every additional book to the same address – regular post A$ 4,00
- International (all other countries):
- Airmail A$ 27,50 per book
- Every additional book to the same address – regular post A$ 5,50
PDF-documents and Gift Vouchers are free of delivery fees (packaging and postage costs). We may change delivery fees from time to time and in the event of an inconsistency between the delivery fee stated at the time of order and a delivery fee set out in these Terms and Conditions, the former will apply.
If you wish to order multiple products, it is strongly recommended that you combine several products in one order rather than order products individually. We are unable to combine orders placed separately and you will thus be liable to pay separate delivery costs for each order.
For all orders, we require details of your e-mail, telephone number and any other information that we may request in order to assist delivery.
Article 5: Orders
You can place an order for a product offered on the websites via Internet: through the websites outlined in Article 1 above.
We will accept your order subject to these Terms and Conditions. To place an order and to enter into a legally binding contract with us, you must be over 18 years old. We reserve the right to refuse to accept your order if we find that you are in breach of this condition or of any of these Terms and Conditions.
Your order will be dispatched on receipt of payment. In the case of payments received by cheque, we will allow seven working days for the cheque to clear.
Invoices are normally included with your order but in certain circumstances may be sent separately, either by email or by post, within 2 working days after your order has been dispatched. Export orders will include invoices with the order.
Article 6: Confirmation
You are responsible for selecting any product that you wish to order. By clicking the 'Confirm' button at the end of the online ordering process or by submitting an order by post or email, you acknowledge that you agree to the order (including the product(s) ordered and the purchase price) as well as to these Terms and Conditions, in their entirety and without exception. Once an order has been submitted to us, you will receive an automatically generated confirmation sent to the email address provided with your order.
We will allow you a 24-hour cooling off period from the time and date of confirmation to change any details of your order or to cancel your order. We will not accept any cancellation of or change to the order after the 24-hour cooling off period has elapsed.
Data recorded by us constitutes proof of a transaction between you and us. Data recorded by our payment system constitutes proof of a financial transaction.
Article 7: Availability
While all physical products offered on this website are available as at the date of advertisement, a product may become subject to availability. Should there be circumstances where a product becomes unavailable or we are unable to deliver a product within a reasonable time after you have placed your order, we will let you know as soon as possible by phone, email or post. In this instance you can ask for your order to be cancelled or exchanged by emailing us at [email protected] or writing to us at:
Whahoo Pty Ltd
P.O. Box 6406
Baulkham Hills NSW 2153
If you ask for your order to be cancelled due to lack of availability or our inability to deliver it within a reasonable time, then payment for your order will be refunded or, if applicable, your cheque will be cancelled and returned to you.
If your order is for multiple products and one or some of those products are unavailable or cannot be delivered within a reasonable time, there is no partial despatch of an order for cheque payments. Your cheque will be cancelled and returned to you.
Article 8: Payment
For Whahoo products you can pay by credit card: Visa and Mastercard and by Paypal ([email protected]).
On your bank statement, payment will be debited to Rainmakers, account number 1085.67.486. All transactions are completed in a secure environment that is compatible with SSL standards.
Article 9: Condition of Ownership
All goods remain the property of Rainmakers until receipt of payment in full. This provision does not affect transfer to the customer of all risks of loss or damage from the moment the goods leave our premises.
Article 10: Security
To help minimise the risk of interception and subsequent fraudulent use of your card details, we operate a secure payment system that is compatible with SSL standards. SSL is currently the most reliable and the most widely used encryption protocol on the Internet.
Your details are immediately encrypted (to the maximum legally authorised standard, i.e. 128 bits) and are routed to our secure payment gateway, without passing through our website. Rainmakers at no time has access to credit card details. Card authorisation is directly administered by the bank. Rainmakers does not store any credit card details. On your bank or credit card statement, payment is shown as being debited to Rainmakers.
SSL is currently the most reliable and the most widely used encryption protocol on the Internet. However, unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
Article 11: Gift Vouchers
The maximum validity period of a Whahoo Gift Voucher is three months.
Whahoo Gift Voucher can be ordered in any amount and any currency you prefer.
The receiver can redeem the Gift Voucher by filling in the promotional code on the order form on the site. The amount on the Gift Voucher will be substracted from the total order amount.
Whahoo Gift Vouchers can only be used as payment for items (books, postage etc.) on the Whahoo or Baby Horoscopes site and it we do not exchange the Gift Vouchers for cash. If the amount of the Gift Voucher is higher than the order, there will be a residual value that can be used for a next order, as long as it isn’t past the expiry date.
Recipients can use an additional payment method if the value of their Voucher is lower than the value of the total order. On the orderform you will be requested to provide additional payment information to complete the order.
Article 12: Guarantee / Warranty
30-Day Money-Back Guarantee (Physical products only)
Physical Goods supplied by us via this website are personalized for the person for whom the horoscopes are made. Subject to these Terms and Conditions, if the product does not meet your reasonable expectations, you have 30 days from the date of receipt to return the product for exchange or refund of goods excluding postage and packing. The customer is liable for the delivery cost to send the product back to us. Please email us at [email protected] for returns information. This policy does not apply to PDF’s.
For a period of 90 days following date of purchase, we guarantee that the products are personalized for the person for whom a horoscope was ordered based on the information provided to us at the time of order. In the case of a text file or book that does not carry the name or dates given to us on your order, we will either refund the purchase price, or will repair or replace the text file or book, only if it is returned to us within the 90-day period (together with the receipt as proof of purchase).
Goods should be returned in their original packaging and in reasonable condition to the Sales Team at the following address:
Whahoo Pty Ltd
P.O. Box 6406
Baulkham Hills NSW 2153
We will provide reimbursement within a period less than or equal to four weeks following receipt of the returned package. All replacements will be made on a like for like basis.
Except as expressly provided in these Terms and Conditions, we make no other representation, warranty or guarantee, either implicit or explicit, in relation to any products (including both physical products and download products) offered on this website. In particular, we make no representation, warranty or guarantee that a product is fit for any particular purpose.
Exclusion of warranties
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Please see further our ‘Disclaimer’ page below, which forms part of these Terms and Conditions.
Article 13: Disclaimers, liability and indemnity
No liability for loss or damageYou agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the services offered over this website.
Release and indemnity
You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these Terms and Conditions or a failure by a seller on a linked website to complete a sale or satisfy the requirements of a sale.
You also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms and Conditions.
Article 14: Intellectual Property Copyright
Copyright in these websites (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website;
without our written permission.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
Unless we agree otherwise in writing, you are provided with access to this websites only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
Article 15: Responsibility
These Terms and Conditions are governed by, and all products offered for sale on this website are subject to, the requirements of Australian law. We cannot be held responsible for any failure to meet the requirements of the legislation of any other country where products are delivered.
We will not be held responsible for any failure by us to comply with these Terms and Conditions arising directly or indirectly from or due to force majeure, including but not limited to political upheaval, total or partial strike action affecting in particular postal services, transportation and/or communications services, flood and fire.
Article 16: Applicable law
These Terms and Conditions are governed by Australian law and subject to the jurisdiction of the Australian Courts.
We are committed to protecting you and your family’s privacy when you visit our websites or use electronic services, such as product registration, technical support and product downloads. We understand your desire to protect personal information and only emails to customers who have agreed to receive our mailings. If, at any time, you want to stop receiving any emails from us, click mail us at [email protected] to unsubscribe (subject ‘unsubscribe’).
What about Children / Minors?
If you are under 18 years of age, you should ask your parent or guardian before giving any information on the Internet (like your name, email address, home address, phone number). Our registration process requires our users to give us information, but we will not knowingly ask for, or accept, personal information from persons under the age of 13. If you are younger than 13, only your parent or guardian should access the registration area of our websites. If you are a parent or guardian and you believe your child has given us personal information, please email us and enter your detailed request to review such information and to have it deleted from our records.
What information do we collect?
Registration or input of personal information may be requested for participation in activities such as product registrations, joining the Whahoo Newsletter, sweepstakes, contests, marketing activities, surveys, email newsletters, e-commerce or sending questions/comments to us. We will not require anyone to disclose more personal information than we deem reasonably necessary to participate in the activity, fulfil your request or achieve our legitimate business objectives. However, if personal information is requested for participation in an activity, you cannot participate without disclosing such personal information.
How we use the information we collect?
We use the information in the following ways:
- To provide you with information about new products, product upgrades, services, newsletters.
- To provide you with special offers that may be of interest to you.
- To provide you with access to exclusive information.
- Fulfilling competition prizes.
- Other Whahoo marketing purposes.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
- we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
- we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
- we are required by law to disclose the information.
Storage of your personal information and communications
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
Access to your personal information
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.
With whom do we share information?
We DO NOT share your information with any third parties for any purpose which is not incidental to your use of this website and it is not displayed on our websites (excluding competition winners). Information of competition winners may be published on this website from time to time.
How secure is shopping via this website?
We utilise Secure Socket Layer (SSL) technology to encrypt the data you provide to us while placing an order online. This encryption is the standard for a safe online shopping system. Please see Article 10 above.
One of the primary purposes of cookies is to provide a convenience feature to save you time. A cookie tells the server that you returned to a specific page and then remembers information you have already supplied. This might be information such as delivery addresses or invoice addresses. This saves you time as you don't need to complete the information again.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to take advantage of the full Whahoo website facility.
Questions or comments