Terms & Conditions
(v2 updated 25 April 2024)
Thanks for visiting Moonpig! We will do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your cards or gifts.
These are the terms and conditions (Terms) on which we, Moonpig.com Limited (Moonpig), shall supply products to you, whether these are goods or digital content available on https://www.moonpig.com/au/ (Website) or any official phone application that you access (App ) in Australia. These Terms are our agreement with you regarding your purchase of products on the Website and the App and are legally binding. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions or require clarification on these Terms, please contact us by referring to the table in section 1.2.
If you do not agree to these Terms, you must not order any products from this Website or the App.
PLEASE NOTE THAT these Terms, unless otherwise stated, do not apply to Digital Gift Cards purchased via our Website or App and we refer to our Gift Cards Terms and FAQs in relation to Digital Gift Cards on our website.
DEFINED WORDS: In these Terms a bold, capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to “we”, “us” or “our” is a reference to Moonpig.com Limited. Any reference to “you” or “your” is a reference to any consumer and these references may be used interchangeably.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are
Moonpig.com Limited is a company registered in England and Wales under registration number 03852652. Our registered office is 10 Back Hill, London, England, EC1R 5EN.
You can contact our customer service team (Customer Service Team), depending on where you live, in the following ways:
1.2 How to contact us
You can contact our customer service team (Customer Service Team), depending on where you live, in the following ways:
Social Media
Facebook - @moonpig
Post
PMI Imageworks Pty. Limited
a company incorporated and registered in Victoria, Australia
ACN: 154 345 098
whose registered office: 400 George Street Fitzroy, Melbourne, Victoria, 3065, Australia
1.3 How we may contact you
If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.
1.4 "Writing" includes emails
When we use the words writing or written in these terms, this includes emails.
1.5 Your status
You must be at least 18 years old to place an order on our Website or the App.
2. ORDERING FROM MOONPIG
2.1 How to place an order
In order to place an order with us, we require you to create an online account with us (Moonpig Account). When you create a Moonpig Account, you will need to supply us with your real name and a valid email address. Please also see section 17.1.
You place an order on the Website or App by pressing the Checkout button during the checkout process. By confirming your order, you are agreeing to purchase the product you have selected which shall be subject to these Terms.
When you confirm your order, we will take payment for your order by means of your nominated payment method.
We will then send to you an order confirmation email detailing your order and any other information we must provide to you.
2.2 How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a legally binding contract (Contract) will come into existence between you and us.
2.3 Cancellation of your order by us
There may be circumstances in which we need to cancel your order as set out below. If this is the case, we will inform you of this via email as soon as possible and in any event within 14 days of our acceptance of the order and will refund you for the product within 14 days of the cancellation. We will generally need to cancel your order because:
a) we have identified an error in the price or description of the product;
b) you have not provided or fail to provide us with a correct delivery address when asked;
c) it appears that the order mistakenly duplicates another order;
d) the use of images for a Personalised Product (defined in section 3.3) are corrupted, unsupported technically or inadequately pixelated;
e) your Personalised Product contravenes, or appears to contravene, our Content Rules (section 3.4);
f) there are unexpected limits on our resources which we could not reasonably plan for;
g) a credit reference we have obtained for you does not meet our minimum requirements or we cannot obtain authorisation for your payment;
h) we suspect, acting reasonably, that the order has been placed fraudulently;
i) we are unable to meet a delivery deadline you have specified;
j) the product is out of stock;
k) a promotional offer or discount code has been used outside of a valid promotion period or has expired; or
l) your order otherwise breaches any material requirements of these Terms.
2.4 Your order number
We will assign an order number to your order and tell you what it is when we send you an order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
2.5 Ordering multiple products
When ordering multiple products as part of the same order, we will inform you, within a reasonable time period, as to whether we will (or can) dispatch on the same day or as part of the same delivery. Please note that we cannot guarantee that multiple products within the same order will be delivered in the same package or at the same time.
3. OUR PRODUCTS
Cards and other products sold by us through our Website and the App are manufactured and shipped from a range of different in-house and third-party production facilities based in the Australia, USA, United Kingdom, Guernsey and overseas.
You acknowledge that save as to Cards, personalised mugs and personalised t-shirts manufactured by Moonpig, all other goods are manufactured independently by third parties and Moonpig acts as a reseller of these goods.
3.1 Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3.2 Product packaging may vary
The packaging of the product may vary from that shown in images on our website.
3.3 Personalised Products
If the product includes personalised content selected by you, it is a personalised product (Personalised Product).
If it is a standard product which does not include any content selected by you, it is a non-personalised product (Non-Personalised Product).
It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct (for example the content is correctly spelt).
Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is your responsibility to ensure that your recipient’s name and address is correct.
If you are uploading a photograph, video or audio file you must ensure that you have obtained all relevant permissions to use the photograph, video or audio file from any persons in the photograph, video or audio file and the photograph, video or audio file is otherwise appropriate to upload.
If you are uploading a photograph, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image, we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it however we cannot accept responsibility if your Personalised Product does not meet your expectations.
By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Customer IP) in a Personalised Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to Moonpig or the requirements of the product you have ordered (such as by cropping images).
The rights and ownership to the Customer IP will remain yours, or the person who gave you permission to use the Customer IP.
If you use third party copyright in any Personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner so that the IP does not infringe on third party copyright. You agree to indemnify, defend and hold us harmless against from any third party claim of infringement for our use of such third party’s intellectual property on the Personalised Product. You will be held responsible for any fees and third party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.
3.4 Content Rules
You must not use or include any content or material on any Personalised Products which:
a) infringes anyone's IP (see below the definition in section 10). In particular, you must ensure that you either own the IP in the Customer IP that you wish to include in a Personalised Product or that you have permission from the IP owner to include that Customer IP in the Personalised Product;
b) contravenes any applicable law (including, without limitation, any criminal law) or regulation;
c) is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
d) misrepresents identity or impersonates any person;
e) includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person;
f) is pornographic, obscene, indecent or offensive, has sexual connotations, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
g) may harass, upset, embarrass or alarm any person;
h) gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise;
i) may violate the integrity and reputation of our name, and the names of our partners and licensors;
j) advocates, promotes or assists any unlawful act;
k) includes or makes reference to illegal drugs; or
l) makes reference to politicians' names and/or political statements.
4. PRICE AND PAYMENT
4.1 Where to find the price for the product
The price of the product (which includes GST) will be the price indicated on the order pages when you placed your order. However please see section 4.4 for what happens if we discover an error in the price of the product you order.
4.2 Payment
You can pay for your products using credit card, debit card, PayPal, any account credit, or any other payment method which we make available to you at the time of your order. Please note that we do not accept payments via American Express.
4.3 What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
4.4 What to do if you think your order confirmation receipt or invoice is wrong
If you think your order confirmation receipt or invoice is wrong, please contact our Customer Service Team promptly to let us know.
5. DISPATCH, DELIVERY AND PROVIDING THE PRODUCTS
5.1 General information
The dispatch date is the date that we send the item, not the date that it is delivered.
During the order process, we will generally notify you of the dispatch dates available and the expected timeframe for receiving your order. However, Moonpig does not guarantee delivery dates or times, We will make you aware of delivery charges (if any) before you place your order.
For orders that are accepted, unless we inform you otherwise in the order process, we will dispatch the product you have ordered within 5 days of the order.
It is your responsibility to ensure that the postal information you input for delivery is correct.
5.2 Delivery costs
The price of most products on our Website and App do not include delivery costs. We will notify you of the delivery cost at the checkout stage before you place your order.
There may be occasions from time to time (for example, a promotion) where delivery costs are included in the price of our product. On these occasions, this information will be clearly stated on our Website or App.
5.3 Same day dispatch
For same day dispatch orders, orders will need to be placed by the cut off times as directed on screen when placing your order on the Website or App so that the order can be dispatched on time. These vary for Cards and gifts, If orders are placed outside these cut off times, we will not be able to offer same day dispatch and orders will be processed the following business day.
5.4 Delivery options
For more information on the range of delivery options available, please visit https://www.moonpig.com/au/delivery-information.
5.5 Estimated delivery times
Products are delivered by Australia Post (or another third party carrier from time to time). Estimated delivery times for all orders are set out on Australia Post’s website (please visit: https://auspost.com.au/sending/send-within-australia/delivery-speeds-and-coverage) . These Terms are in relation to deliveries made in Australia only and for delivery times for the rest of the world, please see those applicable separate Terms and Conditions. Please note that only Cards can be delivered worldwide.
If the product is a one-off purchase of digital content, such as an eCard, we will make the digital content available to the recipient either immediately, the same day or at 9am on your selected date of delivery, depending on the option you select.
5.6 We are not responsible for delays outside our control
If our supply of the products is delayed by an event outside our control (such as acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or threat of war, riots, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any laws imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent, collapse of buildings, fire, explosion or accident, industrial action, interruption or failure of utility service) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. However, if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received. Your statutory rights as a consumer are not affected.
5.7 When you become responsible for the goods
A product which is made up of goods shall be your responsibility from the time we deliver or attempt delivery of the product to the recipient address you gave us.
5.8 When you own goods
You own a product once we have received payment in full.
5.9 What will happen if you do not give required information to us
We may need certain information from you so that we can supply the products, for example, the delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will end the Contract. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
5.10 Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; or make changes to the product as requested by you or notified by us to you.
5.11 Your rights if we suspend the supply of products
We will contact you as far in advance as practicably possible to tell you we will be suspending supply of the product. If we have to suspend the product for longer than 48 hours, we may contact you to cancel your order and refund any sums you have paid. You may contact us to end the Contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund within 14 days any sums you have paid in advance for the product in respect of the period after you end the Contract.
6. YOUR RIGHT TO MAKE CHANGE
As a courtesy, we may allow you to make changes to your order on your Moonpig Account. If you cannot make changes on your Moonpig Account, then you will need to contact our Customer Service Team by Email (see section 1.2 for contact details). Please have your order number or the email address you registered with us available so we can answer your query as quickly as possible.
We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. OUR RIGHT TO MAKE CHANGES
7.1 Minor changes
We may have to make minor changes to a product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. Minor changes will not affect your use of the product.
7.2 Significant changes
If we do need to make significant changes to the products you have ordered, we will notify you of this and ask you if you wish to cancel your order. If you do wish to cancel, we will refund you for the products the affected products paid for but not received within 14 days.
8. YOUR LEGAL RIGHTS TO END THE CONTRACT
8.1 Your rights
Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract, including:
a) if what you have bought is faulty or misdescribed you have a legal right to end the Contract (or to get the product repaired or replaced or a service re-performed or to get your money back), see section 9.1;
b) if you want to end the Contract because of something we have done or have told you we are going to do, see section 8.2;
c) In all other cases (if we are not at fault and there is no right to change your mind), see section 8.5.
8.2 Ending the Contract because of something we have done or are going to do
If you are ending a Contract for a reason set out below, the Contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are:
a) We have told you about an upcoming change to the product or these Terms which you do not agree to (see section 7.2);
b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
e) you have a legal right to end the Contract.
8.3 Summary of your legal rights
We are under a legal duty to supply products that are in conformity with these Terms.
For a summary of your legal rights, please see the table below. This is subject to exceptions and is subject to change from time to time.
Cards, Personalised Products and e-Cards
Under the Australian Consumer Law, all goods and services sold in Australia include compulsory guarantees.
These include nine (9) guarantees for goods: (i) acceptable quality; (ii) fit for a particular purpose; (iii) match description; (iv) match the sample or demonstration model; (v) express warranties will be honoured; (vi) spare parts and repair facilities will be available for a reasonable time after purchase; (vii) title to the goods; (viii) undisturbed possession of the goods; (ix) no undisclosed securities on the goods; and three (3) guarantees for services: (i) due care and skill; (ii) fit for a particular purpose; (iii) services must be supplied within a reasonable time.
You are entitled to a replacement or refund for major failure and for compensation for any other reasonably foreseeable loss or damage. A major failure for goods purchased include when the goods: (i) has a problem that would have stopped you from buying the item if you had known about it; (ii) is unsafe; (iii) is significantly different from the sample or description; (iv) doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
A major failure for services purchased includes when the service: (i) has a problem that would have stopped you from purchasing the service if you had known about it; (ii) is substantially unfit for its common purpose, and can’t be easily fixed within a reasonable time; (iii) does not meet the specific purpose you asked for and cannot be easily rectified within a reasonable time; (iv) creates an unsafe situation.
Consumer guarantees do not apply if you:
1. got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it; or
2. misused a product in any way that caused the problem; or
3. knew of or were made aware of the faults before you bought the product; or
4. asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.
For further information about the Australian Consumer Law and consumer guarantees, visit:
www.consumerlaw.gov.au or www.accc.gov.au/consumers/consumer-rights-guarantees
9. ENDING YOUR CONTRACT WITH US
9.1 Reporting a problem
If you have questions or are unhappy with your order, please contact our Customer Service Team via Email (see section 1.2 for contact details). You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 14 days and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and to correct any future problems. Should it be necessary, we will then advise you how to return your item.
If you receive a product from us in error, you must inform our Customer Service Team immediately. Our Customer Service Team will then provide you with instructions on how to return or securely destroy the product.
9.2 Your legal obligation to return rejected products
If you wish to exercise your legal rights to reject products, you must return them back to us. If you have ordered a gift, please return the product to the return address stated on the package.
9.3 Procedure for returns and refunds
We will refund you the price you paid for the products including delivery costs, by the method you used for payment within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Personalised Products, including cards, mugs
Where an item is faulty, please contact our Customer Service Team via Email. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. You can speak to our Customer Service Team for a Freepost returns address if you do not have one. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 3.3 on Personalised Products for more information.
9.4 When we will pay the costs of return
We will pay the costs of return if:
a) the products are faulty or misdescribed;
b) if you are ending the Contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
c) if we, or on behalf of our suppliers, have requested a return of the product due to a product recall.
9.5 Deductions from refunds if you are exercising your right to change your mind
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10. MOONPIG'S INTELLECTUAL PROPERTY
For the purposes of these Terms, the following words will have the meanings as set out below:
a) IP
means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world.
b) Content
means all text, software, applications, graphics, audio, visual and/or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.
Unless otherwise stated, all Content on and IP in relation to our Website and/or App is wholly owned by Moonpig or its licensors.
"Moonpig" is our registered trade mark, and you agree not to display or use it in any manner without our prior written consent.
You may use and access our Website and/or App to the extent and purpose required for ordering any products and/or services made available by Moonpig in accordance with these Terms.
You are not allowed to:
a) remove any notices relating to IP contained in any Content, material and/or products taken from our Website, App or otherwise;
b) whether for a commercial purpose or otherwise, copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by Moonpig without the prior express written permission and licensing by us to do so;
c) use Moonpig, including but not limited to, its Website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms; and
4) use any robot, spider, scraper or other automated means to access the Website or App for any purpose without our prior express written permission.
Any rights not granted in these Terms are reserved for our own benefit.
11. OUR WEBSITE/APP
We will always try to ensure that our Website and App is available 24 hours a day. However, we will not be liable if for any reason the Website or App is unavailable at any time, or for any period.
Please note that we run AB price tests on our Website. This is a randomised process by Moonpig servers when a customer visits our Website. This means that if you are randomly selected, you may have a slightly different browsing experience to other users.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of these websites and are not responsible for their availability or service. We 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.
12. MOONPIG REMINDERS
12.1 How to participate
You can set up reminders for your upcoming events (Reminder) on your Moonpig Account or during the checkout process and you may benefit from discounts off such cards from time to time (Reminder Voucher).
12.2 How it works
The Reminder must be set at least 9 days before the date of your event (Event Date). Before your Event Date, we will send you a push/email notification to remind you of the Event Date. This push/email notification includes details about the Reminder Voucher offer (where applicable) which is valid for 7 days.
Your Reminder Voucher (where applicable) will automatically be generated and applied to your session when you click on the email link or tap on the notification. When you log into your Moonpig Account, the Reminder Voucher (where applicable) will be applied to your basket.
Each Reminder is considered to be marketing activity. By setting up Reminders, you are giving Moonpig permission to email or notify you about the Event Date, even if you are opted-out of other marketing activity (for instance, newsletters). To stop getting Reminders, you need to delete the Reminders that you have set up from your Moonpig Account.
13. DIGITAL GIFT CARDS
PLEASE NOTE THAT these Terms, unless otherwise stated, do not apply to Digital Gift Cards purchased via our Website or App and we refer to our Gift Cards Terms and FAQs [link] in relation to Digital Gift Cards on our website.
14. CUSTOMER REVIEWS
By submitting a review on our Website, App, Trust Pilot or any other third party websites you confirm and agree that you are the sole author of the review, your review is accurate and that you are at least 18 years' old.
For any review that you submit, you grant Moonpig a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.
You must agree that you will not submit a review that:
a) you know to be false, inaccurate or misleading;
b) is confidential or personal information of a third party;
c) breaches any applicable law, or that advocates, promotes or assists any unlawful act;
d) infringes anyone's intellectual property rights;
e) is or can be regarded as offensive, abusive, threatening or defamatory;
f) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
g) references any other website or service;
h) misrepresents identity or impersonates any person;
i) pornographic, obscene or indecent;
j) may harass, upset, embarrass or alarm any person; or
k) comments on any other reviewer.
We reserve the right to decline publication of reviews or to remove reviews we consider to be in breach of the above.
By submitting your email address in connection with your rating and review, you agree that Moonpig may use your email address to contact you about your review. We will not pass your details onto any third parties without your consent. Moonpig accepts no liability for your personal information in relation to reviews you leave on third party websites.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy and Cookie Policy, which are subject to change from time to time:
Privacy Policy: https://www.moonpig.com/au/privacy-notice/ Cookie Policy: https://www.moonpig.com/au/cookies/
16. WE ARE RESPONSIBLE FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for faulty products or services under the Australian Consumer Law (ACL). Our goods and services come with guarantees under the Australian Consumer Law that cannot be limited or excluded, and nothing in these Terms seeks to exclude or limit liability under those consumer guarantees where it would be unlawful to do so.
16.3 We are responsible for damage to your device which results from faulty digital products
If faulty digital content e.g. a faulty eCard which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice and/or instructions.
16.4 We are not responsible for damage or loss arising from your actions
We are not responsible for any damage or loss incurred by you when such loss or damage is caused by negligence, wilful misconduct or concealment of information by you (deliberate or otherwise).
16.5 We are not responsible for losses to your business
We only supply products for domestic and private use. If you acquire the goods for the purposes of re-supply or for the purpose of using them in trade or commerce in the course of a process of production or manufacture, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and the consumer guarantees under the ACL will not apply to you.
17. GENERAL
17.1 Your Moonpig Account
Please note that we do not perform verification checks when you create a Moonpig Account, and it is therefore important that you provide your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that our Customer Service Team can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.
17.2 Suspension
If you are found to be in breach of these Terms, we reserve the right to suspend your Moonpig Account, you order and all access to Moonpig's Website and App.
In addition, we are entitled to suspend provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
17.3 Change of Terms
These Terms may change from time to time and when they do, we will post the new version of the Terms on the Website and the App and flag it appropriately.
17.4 We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation.
17.5 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our guarantee to the recipient who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the recipient to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.
17.6 Nobody else has any rights under this Contract (except someone you pass your guarantee on to)
This contract is between you and us. No other person shall have any rights to enforce any of its Terms, except in respect of the guarantee as explained in section 17.5.
17.7 If a court finds part of this Contract illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.8 Even if we delay in enforcing this Contract, we can still enforce it later
Just because we do not insist immediately that you do anything you are required to do under these Terms, it does not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.9 Which laws apply
These Terms are governed by law of the State or Territory of Australia in which you reside at the time of placing your order, and you can bring legal proceedings in respect of the products in the courts in the State or Territory in Australia where you reside at the time of placing your order.