1.2 In this agreement, where we use 'Us', 'We', or Whispers From Heaven we mean Whispers From Heaven (Pty) Ltd and where we make reference to 'you', we mean you as the user of the Whispers From Heaven Platform (this includes the Website and Application/App).
1.3 The STC will be applicable to registered and non-registered users unless stated otherwise.
2. Important Notice
2.2.1. may limit our risk or liability;
2.2.2. may create a risk or a liability for you; and/or
2.2.3. may compel you to indemnify Whispers From Heaven; and/or
2.2.4. serves as an acknowledgment, by you, of a fact.
2.3. You need to take special notice of these specific terms as they are important and should be carefully noted.
2.4. If there is any provision in these STCs that you do not understand, it is your responsibility to ask Whispers From Heaven to explain it to you before you accept the Terms and Conditions or continue using the Whispers From Heaven Platform.
2.5. Nothing in these STC's is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or Whispers From Heaven in terms of the CPA or any other act or applicable law.
2.6. Whispers From Heaven permits the use of the Whispers From Heaven Platform subject to these STC's. By using the Whispers From Heaven Platform in any way, you shall be deemed to have accepted all the STCs unconditionally. You must not use the Whispers From Heaven Platform if you do not agree to the STC's.
3. Registration and use of the Whispers From Heaven Platform
3.1. To register as a you, you must provide a unique username and password and provide certain information and personal details to Whispers From Heaven . You will need to use your unique username and password to access the Whispers From Heaven Platform.
3.2. You agree and warrant that your username and password will:
3.2.1. be used for personal use only; and
3.2.2. not be disclosed by you to any third party.
3.3. For security purposes you agree to enter the correct username and password whenever using the Whispers From Heaven Platform, failing which you will be denied access.
3.4. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will not hold Whispers From Heaven liable for any damage and or loss of whatsoever nature because of the unauthorised use of your log in details.
3.5. You agree to notify Whispers From Heaven immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.6. You acknowledge that if you create a "Forever Album" on the Whispers From Heaven Platform of which you are solely responsible for the moderation. Whispers From Heaven are not responsible for Album moderation and Whispers From Heaven disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of any moderation or lack thereof.
3.7. By using the Whispers From Heaven Platform you warrant that you are 16 (sixteen) years of age or older and of full legal capacity. If you are under the age of 16 (sixteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the Whispers From Heaven Platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these STC's and to be liable and responsible for you and all your obligations under these STC's.
3.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Whispers From Heaven Platform, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the Whispers From Heaven Platform or the information contained therein, without the prior written consent from an authorised Whispers From Heaven representative.
3.9. You may not in any way display, publish, copy, print, post or otherwise use the Whispers From Heaven Platform and/or the information contained therein without the express prior written consent of an authorised Whispers From Heaven representative.
3.10. In using Whispers From Heaven , you will not publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.
3.11. In using Whispers From Heaven , you will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Whispers From Heaven , is objectionable, or which may expose others to any harm.
3.12. In using Whispers From Heaven , you will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
4. Consent to obtain personal information
4.1 You concede that, to provide the services offered on the Whispers From Heaven Platform, it may be necessary for Whispers From Heaven to obtain information of a personal nature, other than information you specifically provide during registration and the use of the Whispers From Heaven Platform.
5.1 Paygate Terms and Conditions Whispers From Heaven is a business in the Information Technology industry that allows app user to create and store timeless messages and albums. Subject to availability and receipt of payment, requests will be processed within 10 days and delivery confirmed by way in-app notifications and or email and text messages.
The offering on this website is available internationally.
No Refunds are applicable for purchased services. Whispers From Heaven shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569. Payment options accepted Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Whispers From Heaven bank account, the details of which will be provided on request.
Card transactions will be acquired for Whispers From Heaven via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by Whispers From Heaven separately from card details which are entered by the client on DPO PayGate's secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Purchases will be made in USD, but the transactions are processed and settled in ZAR.
Whispers From Heaven takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Whispers From Heaven may, in its sole discretion, change this agreement or any part thereof at any time without notice.
5.2 Where we offer you facilities to make payments through the Whispers From Heaven Platform, we do so using a third-party service provider. It is your responsibility to ensure that you have read the terms and conditions and privacy policies of such third parties prior to making payment.
5.3 In addition to any other indemnity provided for this agreement, you specifically indemnify us from any loss, damage or expense that you may incur by your use of the third-party payment system.
5.4 Whenever you make payment using a credit card, you warrant that you are the owner of the credit card, alternatively that you have permission from the owner to use the credit card.
6.1. We do not warrant the accuracy or completeness of any third-party content used on the Whispers From Heaven Platform.
7. Changes to these STC's
7.1. Whispers From Heaven may, in its sole discretion, change any of these STC's at any time. It is your responsibility to regularly check these STC's and make sure that you are satisfied with the changes. Should you not be satisfied, you should refrain from using the Whispers From Heaven Platform and de-register as you.
7.2. Any such change will only apply to your use of the Whispers From Heaven Platform after the change is displayed on the Whispers From Heaven Platform. If you use the Whispers From Heaven Platform after such amended STC's have been displayed on the Whispers From Heaven Platform, you will be deemed to have accepted such changes.
8. Electronic communications
9. Ownership and copyright
9.1. The contents of the Whispers From Heaven Platform, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the For Keeps Platform ("Whispers From Heaven Platform Content") are protected by law, including but not limited to copyright and trade mark law. The Whispers From Heaven Platform Content is the property of Whispers From Heaven , its advertisers and/or sponsors and/or is licensed to Whispers From Heaven .
9.2. You will not acquire any right, title or interest in or to the Whispers From Heaven Platform or the Whispers From Heaven Platform Content.
9.3. Any use, distribution or reproduction of the Whispers From Heaven Platform Content is prohibited unless expressly authorised in terms of these STC's or otherwise provided for in law.
9.4. Where any of the Whispers From Heaven Platform Content has been licensed to Whispers From Heaven or belongs to any third party, your rights of use will also be subject to any STC's which that licensor or third party imposes from time to time and you agree to comply with such third party STC's.
10.1. The use of the Whispers From Heaven Platform is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Whispers From Heaven Platform or reliance on any information on the Whispers From Heaven Platform.
10.2. Whilst Whispers From Heaven takes reasonable measures to ensure that the content and functioning of the Whispers From Heaven Platform is accurate and complete, Whispers From Heaven makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Whispers From Heaven Platform or as to the accuracy, completeness or reliability of any information on the Whispers From Heaven Platform. If any such representations or warranties are made by Whispers From Heaven' representatives, Whispers From Heaven shall not be bound thereby.
10.3. Whispers From Heaven disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Whispers From Heaven Platform and/or any content therein unless otherwise provided by law.
10.4. In addition to the disclaimers contained elsewhere in these STC's, Whispers From Heaven also makes no warranty or representation, whether express or implied, that the information or files available on the Whispers From Heaven Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which
is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Whispers From Heaven , its employees, agents or authorised representatives. Whispers From Heaven thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Whispers From Heaven Platform.
mu11.2. Notwithstanding the fact that the Whispers From Heaven Platform may refer to or provide links to Third Party Platforms, your use of such Third Party Platforms is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Platforms or your reliance on any information contained thereon.
12. Limitation of liability
12.1. Whispers From Heaven shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Whispers From Heaven Platform or the content contained in the Whispers From Heaven Platform; or your inability to use the Whispers From Heaven Platform, and/or unlawful activity on the Whispers From Heaven Platform and/or any linked Third Party Platforms.
12.2. You hereby indemnify Whispers From Heaven against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Whispers From Heaven Platform and/or any Third Party Platforms.
13. Availability and termination
13.1. We will use reasonable endeavours to maintain the availability of the Whispers From Heaven Platform, except during scheduled maintenance periods, and are entitled to discontinue providing the Whispers From Heaven Platform or any part thereof with or without notice to you.
13.2. Whispers From Heaven may in its sole discretion terminate, suspend and modify the Whispers From Heaven Platform, with or without notice to you. You agree that Whispers From Heaven will not be liable to you if it chooses to suspend, modify or terminate the Whispers From Heaven Platform other than for processing any transactions made by you prior to such time, to the extent possible.
13.3. If you fail to comply with your obligations under these STC's, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Whispers From Heaven Platform without any prejudice to any claims for damages or otherwise that we may have against you.
13.4. At any time, you can choose to stop using the Whispers From Heaven Platform, with or without notice to Whispers From Heaven .