Terms & Conditions
Welcome to Whispering Homes Private Limited. You may be accessing our Site from a computer or mobile phone device (either through IOS or an android application). Our 'Terms of Use' govern your conduct on our site, regardless of the means of access. This Site is only to be used for your personal non-commercial use and information. All the services and features used by you on site shall be governed by these Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy, Shipping & Return Policy, and Billing & Payment Policy (together “Policies”) which are modified and amended from time to time. By merely accessing or using the Site, you are acknowledging, without any limitations, to be bound by these Terms of Use and the Policies, whether you have read the same or not. Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and the material available on or through it are legal in each jurisdiction. Whispering Homes reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any instance, without notice to its users and in its sole discretion. If Whispering Homes decide to change the Terms of Use or Policies, it will post the new version of the Terms of Use or the Policies on the Site and update the date specified earlier. Any change or modification to the Terms of Use and the Policies will be in effect immediately from the date of such upload. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance to the updated version of modified Terms of Use and Policies whether you have read them or not. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
We understand the importance of safeguarding your personal information and hence, have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. Your consent to the use of personal information by Whispering Homes in accordance with the terms and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Whispering Homes.
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Whispering Homes or its associates do not knowingly collect information from minors. You will be responsible for maintaining the confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party. If you are accessing, browsing, and using the Site on someone else’s behalf then you represent that you have the authority to bind that person to all the terms and conditions herein. In any event that the other person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site while accessed by you. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the Contact Information provided below. If we find a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to Whispering Homes. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, at our sole discretion, that it would be in best interests to do so. You are solely responsible for all content that you upload, post, email, or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
Whispering Homes attempt to be as accurate as possible in the description of the product on the Site. However, Whispering Homes does not warrant that the product description, colour, information, or other content of the Site is accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. Whispering Homes reserves the right to correct, change or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability.
The products and services available on the Site, and the samples, if any, that Whispering Homes may provide you, are for your personal and/or professional use only. The products or services, or samples, which you may receive from us, shall not be sold or resold for any/commercial reasons. In case any products or services purchased/received/availed causes side effects or doesn’t suit you, please note that Whispering Homes is in no manner responsible for any side-effects, the service provider and manufacturers of the product shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and services and consult a specialist before the use of the same.
Whispering Homes strives to provide accurate product and pricing information; however, errors may occur. Whispering Homes cannot confirm the price of the product until you make the order. Without limiting the generality of (Cancellations, Refunds, and Returns) below, if a product/service is listed at an incorrect price or with incorrect information due to any technical error, Whispering Homes shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In any event that an item is wrongly priced, Whispering Homes may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted, and Whispering Homes will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of the order, or cancel the order and notify you of such cancellation. In the event that Whispering Homes accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account. Prices and availability of the products and services provided or offered on the site are subject to change without prior notice and at the sole discretion of Whispering Homes. Whispering Homes may revise and cease to make available any product/services at any time. In any event, if Whispering Homes is unable to deliver the product to you on time or at all, you will be notified by e-mail and your order will be automatically cancelled due to the unavailability of the product or at your instructions. Whispering Homes shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
Payments for the products available on the Site may be made in the following ways. Payments can be made by Credit Cards, Debit Cards, COD. Credit card & Debit Card are instant payment options and recommended to ensure faster processing of your order.
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos, or other materials transmitted, uploaded, posted, emailed, or otherwise made available to us (“User Content“), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that belongs to another person and to which the user does not have any right to; this is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; Infringes any patent, trademark, copyright, or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. Whispering Homes shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Whispering Homes does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity, or quality of User Content is not guaranteed by Whispering Homes. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Whispering Homes be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site. You hereby waive all rights to any claims against Whispering Homes for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content. You hereby acknowledge that Whispering Homes has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Whispering Homes has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others. If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), the email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 28 business days to process your deletion request.
The “Whispering Homes” name and logo and all related product and service names, design marks, and slogans are the trademarks, logos, or service marks (hereinafter referred to as “Marks”) of Whispering Homes. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Whispering Homes or others, are the intellectual property of their respective owners, and Whispering Homes shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks. Whispering Homes expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the Site is the exclusive property of Whispering Homes and are protected by Indian copyright laws and international treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, and written and other materials that are part of this Site (collectively, the “Contents“) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Whispering Homes explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed, and/or other intellectual property owned, controlled, or licensed by Whispering Homes, any of its affiliates, or by third parties who have licensed their materials to Whispering Homes and are protected under the Indian copyright laws.
Whispering Homes grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Site and its affiliates. Whispering Homes reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.
References on the Site to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Whispering Homes endorsement, sponsorship, or recommendation of the third party, information, product or service, or any association and relationship between Whispering Homes and those third parties. Whispering Homes is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Whispering Homes do not assume any responsibility for examining or evaluating the offerings of the off-website pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
These Terms of Use are effective unless and until terminated by either you or Whispering Homes. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. Whispering Homes may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site. Upon any termination of the Terms of Use by either you or Whispering Homes, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” sending unsolicited email, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Whispering Homes is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Whispering Homes on this Site other than generally available third party web browsers.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Whispering Homes with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or another form of joint enterprise between us. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.