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Here you can create a new account to use with Whamoosh. Please complete the following fields in order to create an account.
Please note that your password must be between 8 and 24 characters long
When any products are purchased by you via Whamoosh.com you will be entering into a contract with Spotlight Cards Ltd (trading as Whamoosh!) a limited liability company incorporated in England and Wales (company number 6750725).
Spotlight Cards Ltd is referred to in these terms and conditions as "we" "us" or "our".
Spotlight Cards Ltd registered office:
Daresbury Innovation Centre,
Daresbury SIC,
Keckwick Lane,
Daresbury,
Cheshire,
WA4 4FS
Spotlight Cards can be contacted as follows:
Contact us via the CONTACT US email form or by email at admin@whamoosh.com
By phone: 0845 519 2767
Unless otherwise stated on the website, prices of Products displayed on the website shall be inclusive of UK VAT but exclusive of postage, handling and other delivery charges, which shall be shown separately in the website shopping cart once you have personalised your product and gone to the check-out.
If the price of any Product displayed on the website is incorrect, you will be contacted by us and given the option to either (a) cancel your order for the relevant Product only or (b) complete your order for the relevant Product at the correct price.
We shall endeavour to ensure that description and picture of the Products displayed on the website are a true and accurate depiction of the Products you will purchase, however these descriptions and pictures may from time to time vary compared to the actual Product provided.
We will endeavour to deliver all orders for Products within the timescale selected at the time of purchase, however we cannot be held responsible for postal delays (or incorrectly addressed orders) once the order has been despatched by us to the Post Office for delivery to your chosen destination.
Any Product purchased from the website which you consider defective must be returned to us at Whamoosh!, Unit 4, Bassendale Rd, Croft Business Park, Bromborough, Wirral CH62 3QL at your expense and within seven (7) days of receipt of the Product. In the event that the relevant defect is found to have been caused by us (as determined in our absolute discretion) we shall, at our sole discretion, either:
• Repair the Product at our own expense.
• Supply a replacement Product free of charge.
• Credit your Whamoosh! account with the cost of the purchased Product including the handling and carriage charge. This credit can be used for future purchases of Whamoosh! products.
• Reimburse the price paid for the relevant Product to the credit or debit card used to purchase the goods. For the avoidance of doubt, we cannot be held responsible for Products which are damaged in transit.
• All complaints relating to any Products purchased from the Website should be made in writing within seven (7) days of receipt. We will endeavour to resolve any complaint within fourteen (14) days of receipt of a complaint letter but shall have no obligation to do so.
Whamoosh! are committed to protecting your security and privacy. We will use the information that you have provided us as laid down in the Data Protection Act 1998. You can find us in the Register of data Controllers (number: Z1886841) which can be accessed via www.dpr.gov.uk If you visit My Account and log on you can review the information that we have on you and update it.
Opting out:
You can elect to opt out of receiving any communication from us other than what we require to complete your account registration or any subsequent orders. You can change you preference in relation to this when you receive any such communication.
E-mail Date Reminders and opting in:
If you create an e-mail date reminder in My Account it will be sent to you on the date you have requested and so you will have chosen to opt to receiving such communications from us. You can decide to opt out at any time by cancelling any or all of your e-mail date reminders.
Your contact information:
We will not sell or forward your name, address or e-mail address to any third party unless a legally binding request is issued by a Court. We may use your information to e-mail you a newsletter from time to time detailing new Products, promotional offers and services. You will be given the option to opt of such communication from us.
Cookies:
So we can ensure the service we give you is continually improved different technologies may be used to track users patterns of usage and behaviour when visiting our website. We may include using "cookies" which would be stored in your internet browser.
Personal Information - Encryption:
The Whamoosh! website uses Secure Socket Layers (SSL), an advanced security system. The personal information you enter (your e-mail address, password and billing address), is encrypted before it is transmitted over the internet.
Passwords encryption:
Your Whamoosh! password is encrypted and we do not have access to it. If you’ve forgotten your password we will send you an email so you can create a new password.
Credit/debit card transactions:
When you check-out your credit or debit card details are sent directly to www.sagepay.com who are our appointed payment service provider. Once they have authorised your transaction we will confirm your order as accepted. Please note we do not record or store your credit/debit card details in our databases.
Whamoosh! will be offering promotional schemes from time to time whereby customers can make a Prepayment as an advance payment for Products in return for Whamoosh! Credit Tokens which customers can use towards paying for Qualifying Products.
Account information:
Your Prepayments and Whamoosh! Credits Tokens are detailed ‘My account’ under PrePay
Prepayment:
Prepayment and Whamoosh! Credit Tokens may be marketed as "Prepay" and Whamoosh! reserves the right to change the name at its sole discretion. However, these terms and conditions shall apply to any marketing promotion that relates to the advance payment for Qualifying Products.
Qualifying Products:
Means any Products manufactured by us such as greeting cards, calendars, mugs and posters. Whamoosh! Credit Tokens will not be applied against other items such as postage and packing or other non Qualifying Products (which will be offset entirely against any cash balance on the account).
The Total Account Balance on your account cannot always be used for certain non Qualifying Products which must be paid for by credit or debit card.
Refunds:
Should you change your mind after completing a Prepayment you can request a refund by contacting customer support via the contact form within ten days of making the Prepayment. Any refund will be less the value of any Products bought on account and can only be credited to the credit or debit card account used to make any purchase.
Use of credit balances:
When you checkout Whamoosh! will check your Total Account Balance and any Qualifying Products can be paid for using the Total Account Balance including any Whamoosh! Credit Tokens earned.
Our liability to you:
Any payment made by you (payment on account) shall be deemed as prepayment for products and services ordered from us. After the initial refund period our liability to you will be to provide products and services equal to the value of the Total Account Balance and any such balance (or part thereof) will not be refunded except in cases where the customer has received defective Products or service and has requested a refund of the unused Prepayment cash balance held on their Whamoosh! account.
Total Account Balance - reminders and expiry of inactive or unused account balances:
If an order is not placed by you on the Whamoosh! website for a period of six months you will receive an e-mail to remind you of your Total Account Balance. We will do this again at twelve and eighteen months. After twenty six months and if no orders have been placed by you via the Whamoosh! website we will conclude that your account has ceased to be active and your Total Account Balance will expire.
Abuse of Service:
You agree not to use the website directly or indirectly for any unlawful purpose or so as to cause distress or offence to any person. We reserve the right not to process your order if we decide that you are using the website for such purposes and ban you from placing orders with us in the future. In such an event we will refund any payment made by you on orders that have not been despatched.
Website Content:
The website is provided on an "as is" and "as available" basis and we shall not be liable to you for your inability to use the service. No advice or information, whether oral or written, obtained by you via the website will create any warranty not expressly stated in these terms and conditions; and all warranties in respect of the website, the items supplied by us and any other services that we may provide through the website from time to time are excluded to the fullest extent permitted by law. This does not prejudice your statutory rights.
Website Visitor Material and Conduct:
Other than personally identifiable information any material you transmit or post to the Website shall be:
considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sound, text and other things embodied therein for any and all commercial purposes.
You are prohibited from posting or transmitting to or from the Website any material:
• That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
• For which you have not obtained all necessary licences and/or approvals.
• Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.
• Which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software of harmful data).
You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person’s use and enjoyment of the Website.
We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be suspended or terminated by us.
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 5.
Amendment of sites and services:
We reserve the right to amend the website and the items and services that we offer to you via the website without notice to you from time to time.
External links:
We may provide links to other websites or resources from time to time. These links are provided for your convenience. We do not endorse the contents of those websites, are not responsible for the availability of these websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
Intellectual Property:
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the website is protected by Spotlight Cards Ltd’s or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
"Whamoosh!" is our registered trademark. You agree not to display or use it in any manner without our prior written consent.
The Website may from time to time operate prize draws and competitions on the Website. Unless otherwise specified by us, registered users of the Website shall be automatically eligible for entry into any prize draw or competition operated on the Website and no purchase from the Website shall be necessary.
Winners will be drawn within seven (7) days of the closing date of the relevant prize draw or competition, and all winners will be notified by e-mail.
Winners have seven (7) days from receipt of an email from us to respond and accept their prize(s) failing which they shall be disqualified and an alternate winner will be drawn in which case the notification procedure set out above shall be repeated.
The likelihood of winning a prize in any prize draw or competition on the Website shall depend on the number of eligible entries received. Certain competitions may require skill in their method of entry in which case the relevant details will be explained in the particular rules of that competition and shall be in addition and shall not supersede or replace these Terms in any way unless expressly stated otherwise by us.
By entering a prize draw or competition, entrants unconditionally agree to:
• Waive any right to claim any ambiguity or error in the rules of any prize draw or competition or in the operation of any prize draw or competition itself; and
• Be bound by these Terms and by all determination(s) made by us in respect of any prize draw or competition, which determination shall be binding and final.
• All winning entrants in any prize draw or competition are solely responsible for the payment of all and any taxes and/or licenses and or other fees that may apply to the prizes they receive.
• Unless otherwise stated, where any advertised prize in a prize draw or competition is not available for any reason whatsoever, we reserve the right to substitute such prize with an approximate cash equivalent, as determined in our absolute discretion.
7.1 Subject always to clause 7.2, the Company, its officers, directors, employees, shareholders or agents and any other party involved in creating, producing, maintaining or delivering the Website hereby exclude all and any liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) that may result to you or to any third party in connection with the Website (including without limit the Services and the Products) in any way or in connection with the use, inability to use or the results of the use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
7.2 Nothing in these Terms shall exclude or limit our liability for any liability which cannot be excluded or limited under applicable law (including death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation).
7.3 In no event shall our total aggregate liability to you for all and any damages, losses, and causes of action (whether in contract, tort including, but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing the Website, purchasing and/or enjoying the Products or using the Services provided via the Website.
8.1 Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the Services, the Products and/or the prices described in the Website, at any time and without notice. The material on the Website may be out of date, and we make no commitment to update such material.
8.2 Without prejudice to clause 8.1 and any other limitation on our liability which is contained in these Terms, whilst we take every reasonable precaution and care in relation to the provision of the e-mail Date Reminder Service, we make no any representation or warranty of any kind (express or implied) with respect to the contents or operation of the e-mail Date Reminder Service, and any such representations and warranties are excluded by this notice to the extent permitted by law. We do not warrant that use of the e-mail Date Reminder Service will be uninterrupted or error free and whilst we will endeavour to ensure reminder emails set up by you on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the e-mail Date Reminder Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the e-mail Date Reminder Service.
These terms and conditions constitute the entire agreement in respect of the use of the website and the items and services offered via the website. We may vary these terms and conditions from time to time without notice and you should therefore check them each time you intend to use the website.
If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.