Terms of Service - VPN Whale

Terms of Service

Last Updated: October 2025

1. About Us & Agreement to Terms

Welcome to VPN Whale. These Terms of Service ("Terms") govern your access to and use of our website and services. By accessing or using our site, you agree to be bound by these Terms and our Privacy Policy.

Business Name: VPN Whale

ABN: 13 117 402 838

Address: Level 9, 1 York Street, Sydney NSW 2000

Email: contact@vpnwhale.com

If you do not agree to these Terms, please do not use our website or services. We reserve the right to update these Terms at any time, and your continued use constitutes acceptance of any changes.

These Terms are governed by Australian law, including the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you may have under the ACL or other applicable Australian laws that cannot lawfully be excluded.

2. Eligibility & Use of Site

By using this website, you represent and warrant that:

  • You are at least 18 years of age, or have the consent of a parent or guardian if you are under 18
  • You have the legal capacity to enter into binding contracts
  • You will use the site only for lawful purposes and in accordance with these Terms
  • You will not use the site in any way that violates any applicable Australian federal, state, or local law or regulation

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, including if we believe you have violated these Terms.

๐Ÿ”” Important: Affiliate Relationship & Third-Party Offers

VPN Whale operates as an independent information and comparison website. We may earn commissions when you click on links and make purchases through our site.

Key points you should understand:

  • Commission-Based Model: We participate in affiliate programs with NordVPN and potentially other VPN service providers. When you purchase a service through our links, we may receive a commission at no extra cost to you.
  • No Endorsement Implied: Our affiliate relationships do not constitute an endorsement, recommendation, or guarantee of any product or service. Any opinions expressed are our own and based on our research.
  • Third-Party Checkout: When you click our affiliate links, you will be taken to the merchant's website (such as NordVPN). The purchase, subscription, billing, and delivery are entirely handled by that third party, not by VPN Whale.
  • Separate Terms Apply: Each merchant has its own terms of service, privacy policy, refund policy, and customer support. We are not responsible for the merchant's practices, services, or policies.
  • Price & Availability: Prices, promotions, and product availability are determined by the merchant and may change without notice to us.

We strive to provide accurate, helpful information to assist your decision-making, but you should conduct your own research and review the merchant's terms before making any purchase.

3. Affiliate Relationship & Third-Party Offers (Detailed)

3.1 Affiliate Commissions

VPN Whale participates in affiliate marketing programs and may earn commissions from purchases made through links on our site. This is disclosed in accordance with Australian advertising standards and consumer law requirements.

3.2 Independence

We are an independent website and are not owned, operated, or directly affiliated with NordVPN or any other VPN service provider we may discuss or link to. Our affiliate relationships do not influence our commitment to providing accurate, balanced information.

3.3 No Warranty or Guarantee

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our site. We are not a party to any transaction between you and a third-party merchant.

3.4 Third-Party Responsibility

The terms of any offer, sale, or promotion are solely between you and the third-party merchant. The merchant is responsible for:

  • Product/service delivery
  • Customer support
  • Refunds and cancellations
  • Billing and payment processing
  • Privacy and data handling
  • Their own terms of service and policies

3.5 Compliance with Affiliate Guidelines

We adhere to the terms and guidelines set forth by our affiliate partners, including NordVPN's affiliate program requirements, which prohibit misrepresentation, false claims, and misleading advertising.

4. No Professional Advice

The content on VPN Whale is provided for general informational and educational purposes only. It does not constitute professional advice of any kind, including but not limited to:

  • Legal advice
  • Technical or IT security advice
  • Financial advice
  • Professional recommendations specific to your circumstances

You should not rely solely on information from this website to make decisions. We recommend consulting with qualified professionals regarding your specific situation, especially concerning cybersecurity, privacy, and legal matters.

While we strive to keep information accurate and up-to-date, VPN technology, features, pricing, and services change frequently. We make no representations or warranties regarding the completeness, accuracy, reliability, or currentness of any content on our site.

5. Accounts & Communications

5.1 Email Collection & Consent

If you provide your email address or other contact information through our site (e.g., via a contact form, newsletter signup, or inquiry), you consent to us using that information to:

  • Respond to your inquiries
  • Send informational updates or newsletters (if you opted in)
  • Communicate about our services

5.2 Opt-Out Rights

You may opt out of marketing communications at any time by:

  • Clicking the "unsubscribe" link in any marketing email
  • Contacting us directly at contact@vpnwhale.com

Your rights regarding personal information are detailed in our Privacy Policy, which is incorporated by reference into these Terms.

5.3 Account Security

If we provide account functionality in the future, you are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use.

6. Acceptable Use

You agree not to use our website or services to:

  • Engage in any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable conduct
  • Violate any applicable Australian or international laws or regulations
  • Infringe on the intellectual property rights of VPN Whale or any third party
  • Transmit any viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems, servers, or networks
  • Interfere with or disrupt the integrity or performance of our site
  • Scrape, harvest, or collect information from our site using automated means without our express written permission
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation
  • Use our site to distribute spam or unsolicited communications
  • Attempt to reverse engineer, decompile, or derive source code from our site

Violation of this Acceptable Use policy may result in immediate termination of your access to our site and may be reported to law enforcement authorities where appropriate.

7. Intellectual Property

7.1 Our Content Ownership

All content on VPN Whale, including but not limited to text, graphics, logos, images, software, and design elements, is the property of VPN Whale or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our site for personal, non-commercial purposes, provided you comply with these Terms. This license does not include:

  • Any right to reproduce, distribute, or publicly display our content
  • Any right to modify, create derivative works, or reverse engineer our site
  • Any right to use our content for commercial purposes without our written permission

7.3 Trademarks

"VPN Whale" and associated logos are trademarks owned by us. Third-party trademarks mentioned on our site (including "NordVPN") are the property of their respective owners. Use of these trademarks does not imply endorsement or affiliation unless expressly stated.

7.4 User Submissions

If you submit any content to us (e.g., comments, feedback, testimonials), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display that content for our business purposes.

8. Pricing, Promotions & Availability

VPN Whale displays information about third-party VPN services, including pricing, features, and promotional offers. Please note:

  • Subject to Change: Prices, promotions, features, and availability are controlled by the third-party merchants (e.g., NordVPN) and may change at any time without notice to us.
  • Best Efforts: We make reasonable efforts to ensure information is accurate and current, but we do not guarantee that pricing or promotional details are always up-to-date.
  • No Price Match or Guarantee: We are not responsible for honouring prices or promotions listed on our site if they differ from those on the merchant's website at the time of purchase.
  • Currency & Taxes: Prices may be displayed in various currencies. Applicable taxes, fees, and currency conversion rates are determined by the merchant and your financial institution.
  • Promotional Terms: Special offers, discounts, and coupon codes are subject to the merchant's specific terms, conditions, and expiration dates.

Always verify current pricing and terms directly on the merchant's website before completing a purchase.

9. Disclaimers & Limitation of Liability

9.1 No Warranties

To the maximum extent permitted by law (subject to your non-excludable rights under the Australian Consumer Law):

Our website and content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the site will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of content

9.2 Consumer Guarantees (Australian Consumer Law)

Important: Under the Australian Consumer Law, consumers are entitled to certain guarantees that cannot be excluded. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under the ACL or other applicable laws that cannot lawfully be excluded.

Where the ACL or other laws imply a guarantee, condition, or warranty that cannot be excluded, and we are able to limit our liability, then our liability is limited to (at our option):

  • In the case of goods: repair, replacement, or payment of the cost of repair or replacement
  • In the case of services: re-supply of the services or payment of the cost of re-supply

9.3 Limitation of Liability

To the extent permitted by law:

VPN Whale, its directors, employees, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, data, or use
  • Business interruption
  • Cost of substitute services
  • Damages arising from your use or inability to use our site
  • Damages arising from third-party products or services accessed through our links
  • Damages arising from unauthorized access to your information

Our total liability to you for all claims arising from or related to our site or these Terms shall not exceed $100 AUD, except where prohibited by law.

9.4 Third-Party Liability

We are not liable for any actions, omissions, representations, warranties, breaches, or negligence of any third-party merchants (including NordVPN or other VPN providers) or for any personal injury, death, property damage, or other damages resulting from your interactions with third parties.

10. Indemnity

To the extent permitted by Australian law, you agree to indemnify, defend, and hold harmless VPN Whale, its directors, officers, employees, affiliates, agents, contractors, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

  • Your use or misuse of our site
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
  • Any content you submit or transmit through our site

This indemnity obligation will survive termination of these Terms and your use of our site.

Note: Nothing in this clause requires you to indemnify us to the extent that the claim arises from our negligence or unlawful conduct.

11. Links to Third-Party Sites

Our website contains links to third-party websites, including but not limited to VPN service providers like NordVPN, analytics services, social media platforms, and other external resources.

We are not responsible for:

  • The content, accuracy, or practices of third-party websites
  • The privacy policies or terms of service of external sites
  • Any products, services, or information obtained through third-party links
  • Any damages or losses arising from your use of third-party sites

Your interactions with third-party sites are solely between you and that third party. We encourage you to review the terms and privacy policies of any external site you visit.

The inclusion of any link does not imply our endorsement of the linked site, except where we explicitly state otherwise.

12. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

By using our site, you consent to our collection and use of your information as described in our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Key points:

  • We collect limited personal information as described in our Privacy Policy
  • We use cookies and tracking technologies for analytics and marketing measurement
  • We may share information with service providers and analytics partners
  • You have rights to access, correct, and request deletion of your personal information

Please review our Privacy Policy for complete details.

13. Termination

13.1 Termination by Us

We reserve the right to suspend or terminate your access to our site at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or unlawful conduct
  • Requests by law enforcement or government agencies
  • Discontinuation or material modification of our site

13.2 Termination by You

You may stop using our site at any time. If you have subscribed to any communications or created an account (if applicable), you may request deletion of your information by contacting us at contact@vpnwhale.com.

13.3 Effect of Termination

Upon termination:

  • Your right to use the site will immediately cease
  • We may delete or retain your information as described in our Privacy Policy
  • Sections of these Terms that by their nature should survive (including disclaimers, limitations of liability, indemnity, and governing law) will continue to apply

14. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia, without regard to conflict of law principles.

You agree that any disputes arising from or relating to these Terms or your use of our site shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and you consent to the jurisdiction of such courts.

However, nothing in this clause limits your rights under the Australian Consumer Law or prevents you from bringing a claim in the courts of your state or territory of residence where the ACL permits.

Australian Consumer Law

These Terms are subject to the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth). Where a term is inconsistent with the ACL, the ACL will prevail to the extent of the inconsistency.

15. Complaints & Dispute Resolution

15.1 Internal Complaints Process

If you have a complaint or concern about our site, services, or these Terms, please contact us first so we can attempt to resolve the issue:

Email: contact@vpnwhale.com

Postal Address: Level 9, 1 York Street, Sydney NSW 2000

We will acknowledge your complaint within 5 business days and will make reasonable efforts to resolve it within 30 days.

15.2 External Dispute Resolution

If we are unable to resolve your complaint to your satisfaction, you may have options for external dispute resolution, including:

  • Australian Competition and Consumer Commission (ACCC): For consumer protection matters
    Website: www.accc.gov.au
    Phone: 1300 302 502
  • Your State or Territory Consumer Protection Agency: Each state and territory has a consumer affairs or fair trading office that can assist with disputes
  • Industry Ombudsman or Tribunal: Depending on the nature of the dispute, an industry-specific ombudsman or tribunal may be available

15.3 Legal Action

Nothing in this clause prevents you from seeking legal remedies through the courts if informal resolution is unsuccessful. Under the ACL, consumers may seek redress through civil proceedings.

16. Changes to These Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes may be made to reflect:

  • Changes in applicable laws or regulations
  • Changes to our business practices or services
  • Clarifications or corrections to existing terms
  • Addition of new features or services

When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also provide additional notice, such as a banner on our site or an email notification (if you have provided your email address).

Your continued use of our site after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our site.

We encourage you to review these Terms periodically to stay informed about how your use of the site is governed.

Last Updated: October 2025

17. Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

VPN Whale - Legal Department

Email: contact@vpnwhale.com

Postal Address: Level 9, 1 York Street, Sydney NSW 2000

ABN: 13 117 402 838

We will make every effort to respond to your enquiry promptly and address your concerns in accordance with applicable laws.

For privacy-related matters, please refer to our Privacy Policy or contact our Privacy Officer at privacy@vpnwhale.com.