Legal
Terms of Use
1. Introduction
The terms and conditions set out below (the “Terms and Conditions”) apply between Whisper and you and govern your use of the Whisper Website.
Please read the Terms and Conditions carefully, as they might affect your legal rights. By using the Whisper Website, you confirm that you accept these Terms and Conditions and that you agree to comply with and be bound by the Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, you must not use the Whisper Website.
Please refer to the Whisper Privacy Policy (“the Whisper Privacy Policy”), which also applies to your use of the Whisper Website.
2. Intellectual property and acceptable/prohibited use
All intellectual property rights in any content in any media on the Whisper Website are owned or licensed to Whisper. Users may view, download and print pages from the Whisper Website for their own personal use, provided that, in all cases, Whisper is acknowledged as the source of the material. Save as expressly provided in this paragraph, you may not copy, download, modify, reproduce, amend, distribute or delete or otherwise use for any purpose, any material, content or part of the Whisper Website.
For the avoidance of doubt, you may not:
- use any content from the Whisper Website in any way which causes, or may cause, damage to the Whisper Website or which interferes with any other person’s use or enjoyment of the Whisper Website, or which (a) is in any way harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable (or which may reasonably be deemed to be objectionable) or (b) is in breach of any applicable law or regulation;
- make, transmit or store electronic copies of any content included in the Whisper Website; or
- use any part of the content on the Whisper Website for commercial purposes without obtaining a licence to do so from us or our licensors.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Whisper Website or any services provided via, or in relation to, the Whisper Website. This includes using (or permitting, authorising or attempting the use of):
- any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; or
- any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of Whisper’s rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) Whisper is unable to exclude or limit text or data mining or web scraping activity by contract under applicable laws.
3. Use of cookies on the Whisper Website
The Whisper Website uses cookies.
Cookies are small text files that are placed on your machine. Cookies do lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and generally improving your experience of a website. They make the interaction between you and the website faster and easier.
If a website doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the site – for example, when you enter your login details and move to another page it won’t recognise you and it won’t be able to keep you logged in.
Cookies will generally make your browsing experience better. However, you may prefer to disable cookies on the Whisper Website. Please refer to the Whisper Privacy Policy for more information.
4. Availability of the Whisper Website and disclaimers
Any online facilities, tools, services or information that Whisper makes available through the Whisper Website (“the Service”) is provided “as is” and on an “as available” basis.
Whisper gives no warranties that the Service will be free of defects and/or faults and provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Although Whisper makes reasonable efforts to update the information on the Whisper Website, Whisper makes no representations, warranties or guarantees, whether express or implied, that the content on the Whisper Website is accurate, complete or up to date.
Whisper accepts no liability for any disruption or non-availability of the Whisper Website and reserves the right to alter, suspend or discontinue the whole or any part of the Whisper Website, including but not limited to any products or services that may be made available on the Whisper Website from time to time. Unless explicitly stated otherwise, the Terms and Conditions shall continue to apply to any modified version of the Whisper Website.
Whisper agrees to use reasonable endeavours to ensure that the Whisper Website is free and secure of any errors, viruses and malware. However, no warranties or guarantees are given to the Users, and all Users must take responsibility for their own security, including that of their personal details and computers.
Where the Whisper Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Whisper of those linked websites or information you may obtain from them. Whisper has no control over the contents of those sites or resources.
5. Limitation of liability
Nothing in these Terms and Conditions will limit or exclude Whisper’s or your liability:
- for death or personal injury resulting from Whisper’s or your negligence as applicable;
- for fraud or fraudulent misrepresentation; or
- in any way that is not permitted under applicable law.
Whisper will not be liable to you in respect of any losses arising as a result of events beyond our reasonable control.
To the maximum extent permitted by law, Whisper accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database, software or hardware;
- any special, indirect or consequential loss or damage.
6. Other policies that may apply
Please also refer to the Whisper Privacy Policy and Cookie Policy, which might also apply to your use of the Whisper Website.
7. General
You may not transfer any of your rights under the Terms and Conditions to any other person. Whisper may transfer its rights under the Terms and Conditions where we reasonably believe that your rights will not be affected.
These Terms and Conditions may be varied by us from time to time. Such revised terms will apply to the Whisper Website from the date of publication. Users should check the Terms and Conditions regularly to ensure familiarity with the most current version.
These Terms and Conditions (together with any other policies that may apply as referenced in these Terms and Conditions) contain the whole agreement between the parties in relation to the Whisper Website and supersede any other arrangements or agreements that might have taken place in relation to the Terms and Conditions. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.
If any provision of these Terms and Conditions (or part of any provision) is found to be invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that or any other right or remedy.
These Terms and Conditions shall be governed and interpreted according to the law of England and Wales and all disputes arising thereunder shall be subject to the exclusive jurisdiction of the English and Welsh courts.