These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Audio File from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from us.
These Terms, and any Contract between us, are only in the English.
1. Information about us
1.1 We operate the website www.whispper.com. We are Floriture Limited, a company registered in England and Wales under company number 07185933 and with our registered office at Floriture Limited, Gowran House, 56 Broad Street, Chipping Sodbury, Bristol BS37 6AG.
2. Contacting us
2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 5, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at firstname.lastname@example.org to cancel a Contract. If you are emailing us please include your name, and order reference number to help us to identify it. If you send us your cancellation notice by email then your cancellation is effective from the date you send us the email.
2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by emailing our customer service team at email@example.com.
3. How the contract is formed between you and us
3.1 Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 After you place an order, you will receive an email from us that confirms your order has been accepted (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
3.3 You may only enter into a Contract with us if you are at least 18 years old.
4. Price and payments
4.1 You can only pay for an Audio File using a debit card, credit card via Stripe. We accept the following cards: Visa / Delta / Electron, MasterCard / Eurocard, Maestro, American Express. Debit cards (also known as bank cards) are accepted if they have a Visa or MasterCard logo.
4.2 Payment for the Audio Files must be made in advance. We will not charge your debit card or credit card until the time we accept your order.
4.3 The prices of our Audio Files will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Audio Files are correct at the time when the relevant information was entered onto the system. However, please see clause 2.3 for what happens if we discover an error in the price of Audio Files you ordered.
4.4 If VAT becomes applicable between the date of your order and the date of delivery we will adjust the price you pay to include VAT, unless you have already paid for the Audio Files in full before the changes in VAT takes effect.
4.5 We offer a large number of Audio Files. It is always possible that, despite our efforts, some of the Audio Files on our Website may be incorrectly priced. If the Audio File’s correct price is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Audio File at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
4.6 By placing an order, you are accepting these Terms of Service in full. Please do not place an order if you do not agree with our Terms of Service.
5. Your right of return and refund
5.1 Refunds for audio purchases can be made within 14 days of your invoice date, provided that you have not used any audio file in your account.
5.2 File Download Refunds – Whispper.com does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Whispper.com.
5.3 All requests for refunds/cancellations must be made in writing. If the request is approved, Whispper.com will issue a credit to your account or credit card. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
6. Data and rights
7. Our liability
7.1 We only supply our Audio File for personal and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.2 We do not in any way exclude or limit our liability for:
1. fraud or fraudulent misrepresentation;
2. defective products under the Consumer Protection Act 1987.
7.3 Subject to clause 8.2, our total liability to you arising in connection with a Contract will be limited to the price you have paid us, so that in a worst-case scenario you are entitled to your money back, but no more. In particular we are not liable for any loss, delay, inconvenience or damage.
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our ability to up (or) download a Audio File to you, we will arrange a new download date after the Event Outside Our Control is over.
8.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel your account at any point, you will loose the ability to access the audio files and the purchase cost will be not be refunded.
9. Other important terms
9.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
9.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
9.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
9.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.6 These Terms are governed by English law. This means a Contract for the purchase of Audio File through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
10. Restricted Uses
10.1 No unlawful use, you may not use content in a pornographic, defamatory or other unlawful manner.
10.2 No Commercial Use of “Editorial Use Only” Content. You may not use content marked “editorial use only” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events that are newsworthy or of general interest (for example, in a blog, textbook, newspaper or magazine article).
10.3 No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
10.4 No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
10.5 No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
10.6 No Products for Resale. You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, CDs, books, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-toorder basis).
10.7 The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. The standard subscription is for a single user. The seat/user restrictions refer to the raw file of content, not the end project or use.
11. User Accounts.
11.1 You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Whispper.com immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. Whispper.com reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Whispper.com determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
12. Intellectual property rights.
12.1 Who owns the content?
All of the licensed content is owned by Floriture Ltd or the artists who supply the content. All rights not expressly granted in this agreement are reserved by Floriture Ltd and the content suppliers.
12.2 All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of Floriture Ltd and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with Floriture Ltd, such as a Royalty Free License Agreement, any other use of these Materials without Floriture Ltd’s written permission is prohibited.
The Materials may only be used for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
13. Internet software (or) computer viruses and streaming.
13.1 Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.
Whispper.com shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Whispper.com recommends that you install appropriate anti-virus or other protective software.
13.2 Whispper.com is a streamed product and is not liable for any third party cost to access your account to view/use the digital files.
Updated: 12 October 2018