For the terms and conditions that govern Whispir’s cloud-based communications workflow platform (“Services”), please see the Whispir Terms of Service [add link].
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
2. ADDITIONAL TERMS
If you are a California resident, please see Whispir’s California Privacy Notice.
If you are located in the EU, please see Whispir’s Notice for Individuals Located In EU.
If you still have questions about our privacy practices, please contact firstname.lastname@example.org.
Please note that we reserve the right at all times to disclose any information as we deem necessary to satisfy applicable law or a government regulator’s request.
Please use the precautions and security measures best suited for your intended use of the Sites. We do not and cannot guarantee the security of information provided by you through the Sites.
4. USING THE SITES
The Sites include information, graphics, artwork, text, photographs, video, audio, trademark, logo and other content displayed on or provided through the Sites. The Sites are protected under copyright, trademark and other laws.
Your Responsibilities. You must use the Sites for lawful, internal business purposes only. You are solely responsible for all costs related to use of the Sites. If you access and use the Sites on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your Internet or mobile service provider.
You must not use the Sites in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party's use and enjoyment of the Sites.
You must not attempt to gain unauthorized access to the Sites or Whispir’s computer systems or networks through hacking, password mining or other means. Specifically, you agree that you will not (and you agree not to encourage or allow any third party to):
copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Sites;
remove any copyright, trademark or other proprietary rights notice contained in the Sites;
use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Sites;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Sites or any feature or functionality of the Sites to any third party for any reason;
reformat or frame any portion of the web pages that are part of the Sites; or
collect personal information through the Sites without our express prior written consent.
Whispir has the discretion to terminate your access to the Sites without notice for any violation of the above rules.
Submissions. Whispir may from time to time offer areas in the Sites where you and other users can post or otherwise submit suggestions, feedback, ideas, notes, concepts or other information or materials to or through the Sites (collectively, “Submissions”).
By posting a Submission, you represent and warrant that:
you own or otherwise control all of the rights to your Submission, including without implied limitation all copyrights;
your Submission is true and accurate;
your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
your Submission complies with applicable laws, rules and regulations.
By sending, posting or transmitting Submissions to Whispir (or our designees), you grant Whispir and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, Whispir has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submissions -- in any medium and for any purpose. Under no circumstances are you entitled to payment if Whispir uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.
You acknowledge and agree that Whispir has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. Whispir takes no responsibility and assumes no liability for any Submission posted by you or any third party. Whispir is not responsible for information that you choose to communicate via Submissions.
5. LINKS TO OTHER WEBSITES AND SERVICES
The Sites may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under the control of Whispir and Whispir is not responsible for Linked Services or for any information on or available from or through Linked Services. You access Linked Services at your own risk. The inclusion of a link does not imply endorsement by Whispir of the Linked Services or any association with the operators of the Linked Services. Whispir does not investigate, verify or monitor the Linked Services. Whispir provides links to Linked Services for your convenience only. Please check the URL address provided in your browser to see if you are on the Sites or a third-party domain.
6. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Whispir specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Whispir does not warrant that (a) the Sites will meet your requirements, (b) operation of the Sites will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Whispir or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Your use of the Sites is at your own risk.
The disclaimers and limitations in this Section 6 do not purport to limit liability or alter any right that cannot be excluded under applicable law.
WHISPIR’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES ARISING FROM YOUR USE OF THE SITES IS LIMITED TO ONE HUNDRED DOLLARS ($100).
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
8. GOVERNING LAW; DISPUTE RESOLUTION
If you are located in the Americas or People’s Republic of China, all matters related to the Sites are governed by the laws of the U.S. State of Washington, United States, as such laws apply to agreements made and performed therein (without giving effect to the principles of conflicts of laws). You must institute any legal action or proceeding relating to your access to or use of the Sites in a state or federal court in King County, Washington.
If you are located in the European Union or United Kingdom, all matters related to the Sites are governed by the laws of the E.U. Member State in which you reside or United Kingdom (as applicable). If you reside in the European Union, you also may have the right to submit a complaint through http://ec.europa.eu/consumers/odr if you are an individual consumer who cannot resolve a dispute with Whispir.
If you are located in Singapore, all matters related to the Sites are governed by the laws of Singapore.
If you are located in any other location, all matters related to the Sites are governed by the laws of Victoria, Australia.
You and Whispir each agree to institute any action in the courts located in the jurisdiction of the applicable governing law for your location as described above. You and Whispir agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST WHISPIR ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
These provisions do not, however, apply if you reside in a jurisdiction that permits you to make your claim in a legally competent court of the jurisdiction where you reside or are otherwise prohibited or restricted by applicable law.
9. ELECTRONIC CONTRACTING
10 .GEOGRAPHIC RESTRICTIONS
The Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law. Whispir does not in any manner warrant or represent that the Sites are appropriate or available for use in any particular location. If you choose to access the Sites, you do so on your own initiative and you are responsible for compliance with all applicable laws.
Headings and captions are for convenience only.
QUESTIONS AND FEEDBACK
Whispir Australia Pty Ltd
GPO Box 130,
Melbourne, Victoria 3001 Australia
+61 3 8630 9900
Whispir Americas Inc.
442 5th Avenue, #2576
Manhattan, NY 10018
+1 720 310 3167
Whispir Pte Ltd
10 Marina Boulevard, Marina Bay Financial Centre,Tower 2, #14-02A,
+65 6816 0366
© 2023 Whispir Holdings Pte Limited. All rights reserved.
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