PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.

  1. TERMS OF WEBSITE USE
     
    1. These terms of use (Website Terms) are a legal agreement between you (you) and Whisper Me Limited (registered in England and Wales under company number 08218408 whose registered office is at Shaftesbury Mansions, 52 Shaftesbury Avenue, London W1D 6LP (Licensor, our, us or we). Our main trading address is Shaftesbury Mansions, 52 Shaftesbury Avenue, London W1D 6LP our VAT number is 211 2702 68 and the best way to contact us is at info@whisperme.com.

    2. These Website Terms set out the basis on which you can use our website at www.whisperme.com (Website). whether as a guest or a registered user; use includes accessing,browsing or registering to use our site. We remain the owners of the Website at all times.

    3. Important notice:
      (a) By accessing our Website you agree to (a) the Website Terms, (b) our Privacy Policy, (c) our Cookie Policy (d) our Acceptable Use Policy; and (e) the limitations on our liability (see clause 8).

      (b) If you do not agree to the Website Terms, you must stop access and use of the Website.
      You should print a copy of the Website Terms for future reference. You can print the Website Terms via our Website.

    4. We can change the Website Terms for a number of reasons, for example to reflect current business practice, to take account of increase or variation in the cost of providing the Website, to deal with different services and products supplied via the Website, to take account of changes, enhancements, developments, modifications, error corrections, additions, translations, upgrades and/or updates in respect thereof from time to time issued by us in relation to the Website (Updates) and/or to comply with applicable law. We can also change the Website Terms for any reason. The up to date version of the Website Terms will available via the Website and you will be bound by those terms.

  2. CHANGES TO OUR WEBSITE

    1. We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.

    2. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

  3. ACCESSING OUR WEBSITE

    1. Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

    2. You are responsible for making all arrangements necessary for you to have access to our Website. In order to use the Website you may need to download other third-party software, on the terms specified by those third parties including any amounts payable. We do not accept any liability for third-party software and you are responsible for all associated costs.

    3. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Website Terms and other applicable terms and conditions, and that they comply with them.

    4. Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate or available in other locations. We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside the United Kingdom, you do so at your own risk.

    5. You may:
      (a) print off one copy of the Website for your own personal and domestic use;

      (b) view, use, access and browse the Website for your personal and domestic purposes only and not for any business, commercial or resale purposes;
      the above are the Permitted Purposes

      (c) you must not use the Website for any purpose other than the Permitted Purpose.

    6. We reserve all rights other than those expressly granted to you by the Website Terms. In particular, you agree:-
      (a) not to copy the Website (in whole or in part);

      (b) not to assign, rent, transfer, lease, sub-license, loan, translate, merge, adapt, convert, change, vary or modify Website (in whole or in part);

      (c) not to make alterations to, or modifications of, the whole or any part of the Website, or permit the Website or any part of it to be combined with, or become incorporated in, any other programs;

      (d) not to disassemble, decode, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing except to the extent that (by virtue of section 296A (1) CDPA) such actions cannot be prohibited and you comply with the conditions in s50B CDPA and provided that the information obtained by you during such activities: 
      (i) is used only for the purpose of achieving inter-operability of the Website (in accordance with the Permitted Purpose) with another software program;
      (ii) is not unnecessarily disclosed or communicated to any third party without our express prior written consent; and
      (iii) is not used to create any software that is substantially similar to the Website;

      (e) not to enter, access or bypass our security systems (or attempt to do so) by any means whatsoever (including robots);

      (f) not to reproduce, store, modify, republish, upload, post, transmit or distribute in any manner and by any means all or any part of the Website;

      (g) to include our copyright notice on all entire and partial copies you make of the Website on any medium in accordance with the Website Terms and not to remove any copyright or similar notices on the Website;

      (h) not to operate the Website for the benefit of or on behalf of any 3rd party, including by way of “bulletin board”, network, online service or remote dial in, application service provider services, Internet service provider services, time-sharing arrangements, outsourcing services or bureau services;

      (i) not to provide or otherwise make available the Website in whole or in part (including object and/or source code), in any form to any person; 

      (j) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Website; and

      (k) not establish any link to the Website from nor frame the Website on any other mobile application software or website;
      together Licence Restrictions.

    7. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice for any reason, including maintenance, Updates or the like. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We do not represent or warrant that the Website:-
      (a) will always be accessible and usable;

      (b) will not infringe the rights of third parties;

      (c) will not adversely affect any other software or equipment (Device) used by you;

      (d) will be free from all known viruses (as defined in clause 5.1(c));

      (e) will meet your requirements;

      (f) or its use will be uninterrupted or error free nor that any defects in the Website can be corrected.

    8. It is your responsibility to:-
      (a) install and keep up to date virus-checking software for your Device and any other hardware and software systems;

      (b) ensure that your information technology is compatible with ours;

      (c) ensure that any Device or other hardware, software or communication link you may use is sufficient and appropriate.

    9. We reserve the right to implement Updates in respect of the Website but are not obliged to do so.

  4. THIRD PARTY SITES

    1. The Website may contain links to other independent third-party websites (Third-party Sites).

    2. Third-party Sites are not under our control, and we are not responsible for and do not endorse their content, products, services or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. In particular, we are not responsible for and do not give any guarantee, representation or warranty in connection with any products or services supplied via a Third-party Site, including as to quality or delivery. You will be responsible for all amounts payable in connection with any goods or services via Third-party Sites. 

    3. Third-party Sites may have their own terms and conditions, privacy policies, cookie policies and the like; you will have to accept these if you use Third-party Sites and we are not responsible for them. 

  5. ACCEPTABLE USE RESTRICTIONS

    1. You must not: 
      (a) use the Website other than for the Permitted Purpose in accordance with the Website Terms and in accordance with the Licence Restrictions;

      (b) act fraudulently or maliciously, hack into or insert malicious or technologically harmful code, including bugs, viruses, Trojans, worms, logic bombs or other harmful data or material (collectively ‘viruses’), into the Website or any operating system. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial of service attack. We are not liable if despite our reasonable endeavours to prevent the same any of the foregoing are introduced by you or someone else into the Website and/or infect your Device or other computer equipment;

      (c) use the Website other than by your own direct personal use. In particular you must not use any artificial intelligence in connection with the Website, such as (without limitation) “robots” and/or any other computer generated program used to interact with the Website instead of you (Assistance Programs). We may take steps to detect and prevent use of such Assistance Programs by you. This might include examination of any software programs used by you on the Device and you must not attempt to bypass, interfere with or block any such steps;

      (d) infringe our intellectual property rights or those of any third party in relation to your use of the Website;

      (e) use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

      (f) collect or harvest any information or data from any services offered via the Website or our systems or attempt to decipher any transmissions to or from the servers running any services offered via the Website;

      (g) delete, remove, obscure or tamper with copyright or other proprietary notices we have included on the Website;
      together Acceptable Use Restrictions.

    2. Whenever you make use of a feature that allows you to post on or upload content (including photos, pictures, links and other materials) to the Website, or to make contact with other users of the Website or send messages via the Website, you must comply with the Website Terms in particular clause 5.1 and the Acceptable Use Policy. You will be responsible for and must indemnify us against any loss or damage we suffer as a result of your breach of this obligation.

    3. Any content you post on or upload to the Website (including photos, pictures, links and any other material) or message you send via the Website will be considered non-confidential and non-proprietary. You retain ownership of your rights in your content, but we have the right to (and you grant us a licence to) use, store, copy, distribute and disclose to third parties any content or messages for any purpose. We have the right to remove any of the same that do not comply with the Website Terms.

    4. We also have the right to disclose your identity to any third party who is claiming that your content or messages constitute a violation of their intellectual property rights or of their right to privacy or are otherwise in breach of the Website Terms. We have the right to remove any of your content or messages from the Website.

    5. We will not be responsible, or liable to any third party, for the content or accuracy of any of your content or messages or those of any other user of the Website.

    6. The views expressed by other users on the Website do not represent our views or values.

  6. INTELLECTUAL PROPERTY RIGHTS

    1. You acknowledge that all intellectual property rights in the Website anywhere in the world belong to us or our licensors and that you have no rights in, or to, the Website other than in accordance with the Website Terms. In this clause intellectual property rights includes all patents, copyrights and related rights (including in design, text, graphics, images and photographs), rights to inventions, rights in trade dress or get-up, goodwill, rights to sue for passing off, unfair competition rights, design rights, trade marks, service marks, trade secrets, know-how, domain names, database rights, rights in computer software, topography rights, rights in confidential information (including know how and trade secrets) and all other rights in the nature of intellectual property rights (whether registered or unregistered and whether or not capable of registration) and all applications for the same anywhere in the world and all similar and equivalent forms of protection in any part of the world, howsoever and whenever arising.

    2. You acknowledge that:-
      (a) you have no right to have access to the Website in source-code form and that you have no rights in the source code;

      (b) the name ‘Whisper Me’ and all other names, trade marks and logos on or used by us in connection with the Website are the property of us or our licensors.

  7. DATA PROTECTION

    1. We will collect and process personal data in accordance with our Privacy Policy, a copy of which is available by clicking this link. Our Cookie Policy also applies.

    2. You agree that internet transmissions are never completely private or secure. You understand that any message you send or receive using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted or confidential.

    3. By using the Website, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and services and to provide any services to you. 

    4. The Website may from time to time make use of location data sent from the Device. If this function is present, you can turn off this functionality at any time by turning off the location services settings for the Website on the Device. Subject to that, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device. 

  8. LIMITATION AND EXCLUSION OF LIABILITY

    1. You acknowledge and agree that:-
      (a) that the Website has not been developed to meet your individual requirements and that it is your responsibility to ensure that the facilities and functions of the Website meet your requirements;

      (b) that the Website and the Documents are supplied free of charge for personal and domestic use only. You agree not to use the Website or the Documents for any commercial, business or resale purposes. We have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity;

      (c) the content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely;

      (d) although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

    2. We confirm that we have the right to permit you to use the Website in accordance with the Website Terms. 

    3. We will use reasonable efforts to try to prevent viruses being introduced into the Website and/or transmitted from the Website into your Device. However, you must use your own virus protection software. We cannot guarantee that we can stop all viruses. We are not liable if despite our reasonable endeavours to prevent the same any viruses are introduced by you or someone else into the Website and/or infect your Device or other computer equipment.

    4. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of clauses 8.2 or 8.3 of the Website Terms or our negligence up to the limit specified in clause 8.5. This is subject to clause 9. In addition, we are not responsible for any other loss or damage or any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into the Website Terms. 

    5. Our maximum aggregate liability under or in connection with the Website Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000,000.00 This is subject to clause 8 and does not apply to the types of loss set out in clause 8.6

    6. We do not limit or exclude our liability for:
      (a) death or personal injury resulting from our negligence;

      (b) fraud or fraudulent misrepresentation; 

      (c) a legal remedy given by the law to you which the law prevents us from excluding. This could be, for example, rights of satisfactory quality, fitness for purpose, correspondence with description and our right to licence the Website to you on the Website Terms. For information about these rights contact your local Trading Standards Office or (Citizen Advice Bureau). 

    7. Apart from the matters in relation to which we do not limit or exclude liability (see clause 8.6), and to the extent permitted by applicable law, we exclude all other warranties, guarantees, undertakings and representations (save those set out in the Website Terms) express and implied by statute or common law with respect to the Website, including as to uninterrupted provision or non-infringement, or that the Website will be timely, secure or error free, free from viruses, or the like or that the Website will meet your requirements;

    8. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

  9. EVENTS OUTSIDE OUR CONTROL

    1. An Event Outside Our Control means any act, event or circumstance beyond our reasonable control including: failure or deficiency of public or private telecommunications networks or utility services, software, hardware or IT failure or error, failure by reason of malicious code, viruses, Trojans, bugs, viruses, worms, logic bombs or other harmful data or material or the like, failure or interruption of power, failure or delay of internet service providers, communication, transmission or information system (including the Internet, local area network or virtual private network), accident, breakdown, fire, lightning, explosion, flood, storm, severe weather, industrial disputes or lockouts, terrorist activity, civil war, terrorist attack, riot, civil commotion, malicious damage, war, default of suppliers or subcontractors, act of God or compliance with the law. 

    2. We shall not be responsible for any delay in performance and/or failure to perform to the extent caused or contributed to by an Event Outside Our Control. 

  10. COMMUNICATION BETWEEN US

    1. We can both communicate and send notices to each other in relation to the Website Terms by any of the following methods (and you expressly consent to the following):-
      (a) via the Website;

      (b) by email. Our email address is info@whisperme.com (unless we notify you of a different email address for the purposes of this clause). When sending an email to you we will use the email address you used to open your Account or any other email address you notify to us by way of replacement of that email address.

    2. We can also communicate and send notices to you via any SMS number you have registered with us and you expressly consent to that.

  11. OTHER IMPORTANT TERMS

    1. We may assign, transfer or sub-licence our rights and/or obligations under the Website Terms (in whole or in part) to another person. However this will not affect your rights under the Website Terms.

    2. You cannot assign, transfer or sub-licence your rights and/or obligations under the Website Terms (in whole or in part) to another person.
       
    3. If either of us does not insist on performance of the other’s obligations under the Website Terms, or either of us does not enforce or delays enforcement of its rights under the Website Terms that will not mean that either of us of have waived our rights and will not mean that the other does not have to comply with its obligations. A waiver by either of us of a default by the other will only be valid if that waiver is in writing; also that will not mean that either of us automatically waives any later default. 

    4. Each of the terms and conditions of the Website Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable (in whole or in part), the remaining terms and conditions will remain in full force and effect. 

    5. No provision of the Website Terms is enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, but that does not affect the rights or remedies of any third party apart from under that Act.

    6. The Website Terms (including the Privacy Policy and Cookie Policy) sets out everything that has been agreed between us in relation to the Website Terms. If you think anything is missing you need to tell us. However, nothing else will apply unless we have expressly agreed in writing with you that it forms part of the terms and conditions agreed between us. In the event of any conflict between the Website Terms and the other documents referred to in this clause, the Website Terms will prevail.

    7. If we use the words “for example”, “including” or “in particular” (or any similar expression) that means that the words following are given by way of example only and do not limit the words preceding those expressions.

    8. Please note that the Website Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are a resident of Wales you may also bring proceedings in Wales and if you are resident of Scotland, you may also bring proceedings in Scotland. In addition, we are entitled to bring an action in any other court of competent jurisdiction (in addition to any other proceedings we may have taken in any other jurisdictions).

    9. The English language version of the Website Terms (and all other related documents) will prevail over any other language version issued by us.

 

Whisper Me Limited
Website Terms and Conditions v.1.0 2016

 

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