Term and Conditions
Term and Conditions
Welcome to www.kmwhisper.com!
The terms and conditions of using www.kmwhisper.com and all associated services are outlined in this Agreement.
Accessing, browsing, or otherwise using the Site indicates that you agree to the terms and conditions. Please read this Agreement carefully before proceeding. kmwhisper.com reserves the right to change all terms and conditions of this website at any time.
Please note that there may be certain orders that we can not accept and must cancel.
We will bear the risks and responsibilities in the transportation of goods. In some cases, these responsibilities and risks are transferred to the express logistics service provider. After you sign the goods, the risk of loss of goods will transfer to you.
If you did not receive any products, please contact us and we will ship again the product you ordered after confirming some details.
2.Pricing in Different Currencies
Pricing of products sold by kmwhisper.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to kmwhisper.com, excluding shipping.
3.Use of kmwhisper:
3.1To be eligible to use the Services and accept the Terms, you must be at least 16 years old or higher based on the age of majority in your jurisdiction.. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you, regardless of whether or not you authorized such access to and use of this site.
3.2You acknowledge and agree that kmwhisper.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
3.3The Terms may not otherwise be modified except in writing by an authorized officer of kmwhisper.com.
3.4kmwhisper.com can ship from different warehouses. For orders with more than item, we may split your order into several packages according to stock levels at our own discretion.
4. Member Accounts
4.1 User must be registered on the Site to access or use some Services. Except with kmwhisper.com’s approval, one User may only register one member account on the Site. kmwhisper.com may cancel or terminate a User’s member account if kmwhisper.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, kmwhisper.com may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, kmwhisper.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is unique to a single account.<span style="font-weight: 600; >Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify kmwhisper.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to kmwhisper.com or other Users of the Site. Member shall indemnify kmwhisper.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, kmwhisper.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this Agreement.
5.2 Member will be required to provide information or material about your entity as part of the registration process on the Site for a member account. Each Member represents, warrants and agrees that
(a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and
(b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
(a)be true, accurate, complete and lawful;
(b) not be false, misleading or deceptive;
(c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
(d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall:
(a) carry on your activities on the Site in compliance with any applicable laws and regulations;
(b) carry on your activities in accordance with the Terms and any applicable additional agreements;
(c) not use the Services or Site to defraud any person or entity;
(d)not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
(e) not engage in spamming or phishing;
(f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
(g)not involve attempts to copy, reproduce, exploit or expropriate kmwhisper.com’s various proprietary directories, databases and listings;
(h)not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
(i)not involve any scheme to undermine the integrity of the data, systems or networks used by kmwhisper.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;
(j)not engage in any activities that would otherwise create any liability for kmwhisper.com or our affiliates.
5.7 Member may not use the Services and member account messaging to engage in activities which are identical or similar to kmwhisper.com’s e-commerce business.
5.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for kmwhisper.com’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, kmwhisper.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.9 Member acknowledges and agrees that kmwhisper.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. kmwhisper.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
6. Breaches by Members
6.1 kmwhisper.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject kmwhisper.com or our affiliates to liability, or is otherwise found inappropriate in kmwhisper.com’s opinion.
6.2 If any Member breaches any Terms or if kmwhisper.com has reasonable grounds to believe that any Member is in breach of any the Terms, kmwhisper.com shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. kmwhisper.com shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by kmwhisper.com. The penalties that kmwhisper.com may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as kmwhisper.com may consider appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
(a) kmwhisper.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party.
(b) kmwhisper.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading.
(c) kmwhisper.com believes that the Member’s actions may cause financial loss or legal liability to kmwhisper.com or our affiliates or any other Users.
6.4 kmwhisper.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, kmwhisper.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. kmwhisper.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against kmwhisper.com for such disclosure.
6.5 If a Member is in breach of the Terms, kmwhisper.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, kmwhisper.com also reserves the right to disclose the records of such breach to our affiliates . Such kmwhisper.com affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the website operated by or controlled by such kmwhisper.com affiliates.
6.6 kmwhisper.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if kmwhisper.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of kmwhisper.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. kmwhisper.com shall have the right to publish the records of such breach on the Site. kmwhisper.com shall not be required to investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify kmwhisper.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
6.8 Each Member further agrees that kmwhisper.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. kmwhisper.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with kmwhisper.com in asserting any available defenses.
7.Reviews and Comments
Except otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to kmwhisper.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to kmwhisper.com without charge, and kmwhisper.com shall have royalty-free usage rights.
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead kmwhisper.com or third parties as to the origin of any Submissions or Content. kmwhisper.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of kmwhisper.com (collectively, "Content"), belongs exclusively to kmwhisper.com or its appropriate content suppliers. All rights not expressly granted are reserved by kmwhisper.com. Violators will be prosecuted to the full extent of the law.
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These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kindom