Terms & Conditions
Whirli Limited is a company registered in England under company number 11249414 and with VAT number 294 3295 73 (the "Company"). The Company operates the website: https://whirli.com (as may be amended from time to time, the "Website").
- When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
- In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person accessing or using the Website.
- Please note that any subscription to the toy subscription service made available by the Website (the "Subscription Service") shall also be governed by the additional terms set out in the subscription terms and conditions (available here).
- The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
- You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
- The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
- You may only use the Website for your own domestic, private and non-commercial use.
You agree that you:
- shall not modify, decompile or reverse engineer any software supplied as part of, or in connection with, the Website;
- are not permitted to use the Website by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website for use within a third-party website or application; and
- shall not abuse the Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the Website or using the Website in a manner which is discriminatory, offensive, abusive, malicious, defamatory or otherwise violates or infringes the rights of anyone else).
Your account and password
- You will need to register an account with us on the Website in order to access certain services available on the Website ("Account"). If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party.
- We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at [email protected].
- You are responsible for any unauthorised use of your Account login details.
You agree not to:
- use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;
- copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or
- do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
If it is the case that you supply/upload any content to the Website – whether it be
pictures, text, sound recordings or whatever – the content you supply ("User Generated
Content") must comply with the following rules:
- it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
- it must not harass or bully another person;
- it must be true and honest so far as you know;
- it must not be defamatory of anyone;
- it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
- it must not contain someone else’s personal details or confidential information relating to other people; and
- it must not promote or condone terrorism, violence or illegal behaviour.
- We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
In addition, we may from time to time provide interactive services on the Website that
shall enable you to upload User Generated Content, including, without limitation:
- comment facilities;
- chat rooms; and/or
- bulletin boards,
- Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
- The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
- We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
- You agree not to:
- We are the owner or licensee of all intellectual property rights in the Website and its content, the "Whirli" name and mark and Whirli images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
- You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.
- No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
- Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you subscribe to the Subscription Service). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our Subscription Service.
- Subject to clause 6.2, we accept no liability for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
- Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
- We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- Different limitations and exclusions of liability will apply to liability arising as a result of you subscribing to our Subscription Service which is set out here.
Suspension and termination
If you breach any of these Terms, we may immediately do any or all of the following
- issue a warning to you;
- temporarily or permanently remove any User Generated Content uploaded by you to the Website;
- temporarily or permanently withdraw your right to use the Website;
- suspend or terminate your Account;
- issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
- take further legal action against you; and/or
- disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
- If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
Changes to these terms
- We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website.
Other important information
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- 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.
- If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
Governing law and jurisdiction
- These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
- You can bring proceedings in respect of these Terms in the English courts. However, as a consumer, if you live in another European Union member state you can bring legal proceedings in respect of these Terms in either the English courts or the courts of that Member State.
- As a consumer, if you are resident in the European Union and we direct this Website to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Address: Whirli Limited, 90 Tent Street, London E1 5DZ, United Kingdom
Email Address: [email protected]
Terms last updated 31 January 2021