Terms and Conditions

These terms and conditions (the "Terms and Conditions") govern the use of thewhisperingdiva.ca (the "Website" or the "Site" ).  This Website is operated by THE WHISPERING DIVA ("Us", "We" or "Our"). This Site is hosted on GoDaddy who provides Us with the online website platform that enables Us to sell Our products and services to You. By using this Site, You indicate that You have read and understand these Terms and Conditions and agree to abide by the Terms and Conditions at all times.

Intellectual Property

You acknowledge and agree that all  content on this Site belongs to Us, with the exception of the following:

• Eighteen (18) stock photos belonging to GoDaddy, who grant Us the license for their use; 
•  Graphic design elements belonging to Canva, who grant Us the license for their use in photos designed by Us.

 This Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole)  and its licensors, are protected by Canadian and international copyright, trademark, and other laws. Your use of this Website does not transfer to You any right, interest in or title, to or associated with this Website or its content.

Age Restrictions

The minimum age to use this Site is 18.  By using this Site, You agree that You are at least 18 years of age.. We do not knowingly collect any information from children under the age of 13 years of age or individuals under the age of 18 years of age. We do not assume any legal responsibility for false statements about age. This Site is not intended for children under the age of 13 or individuals under the age of 18, so children under the age of 13 or individuals under the age of 18 should not use this Site at any time.  In the event that THE WHISPERING DIVA learns that it has inadvertently gathered personal information from children under the age of 13 or individuals under the age of 18, We will take reasonable measures to delete such information. 

Acceptable Use

As a user of this  Site, You agree to use this  Site legally, not to use this Site for illegal purposes, and not to:

• Harass or mistreat other users of this Site;  
• Violate the rights of other users of this Site;  
• Violate the intellectual property rights of the Site owners or any third party to the Site;  
• Hack into the account of another user of this Site;  
• Act in any way that could be considered fraudulent; or  
• Post any material that may be deemed inappropriate or offensive.  

If We believe You are using this Site illegally or in a manner that violates these Terms and Conditions, We reserve the right to limit, suspend or terminate Your access to this Site. We also reserve the right to take any legal steps necessary to prevent You from accessing this Site.

Accounts

When You create an account on this  Site, You agree to the following:

1. You are responsible for the security of Your account and password and may not share it with anyone else. If You believe Your password or account credentials have been compromised, You must notify THE WHISPERING DIVA immediately. THE WHISPERING DIVA shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such accounts or passwords; and
2. All personal information You provide to Us through Your account is up to date, accurate, and truthful and that You will update Your personal information if it changes.

We reserve the right to suspend or terminate Your account if You are using this Site illegally or if You violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on this Site.

The following goods are available on this Site:

•  Silicone Nipple Covers
• Tree Agate Healing Energy Bracelets

These Terms and Conditions apply to all the goods that are displayed on this  Site at the time You access it. This includes all products listed as being out of stock. All information, descriptions, or images that We provide about Our goods are as accurate as possible. However, We are not legally bound by such information, descriptions, or images as We cannot guarantee the visual accuracy of all goods displayed on this  Site. You agree to purchase goods from this Site at Your own risk. We reserve the right to modify, reject or cancel Your order whenever it becomes necessary. If we cancel Your order and have already processed Your payment, We will give You a refund equal to the amount You paid. You agree that it is Your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

Your secure payments are managed by PayPal, who partner with GoDaddy.  We encourage You to read PayPal's Privacy Policy here:
https://www.paypal.com/ca/webapps/mpp/ua/privacy-full#1   We accept the following payment methods on this Site:

• PayPal
• Interac e-Transfer sent to janine@thewhisperingdiva.ca

You agree that your Payment Method  will be charged by PayPal, depending on what payment method You choose.  When You provide  Your payment information, You authorize PayPal  to the use of and access to the payment instrument You have chosen to use. By providing PayPal with Your payment information, You authorize PayPal to charge the amount due to this payment instrument. If We believe Your payment has violated any law or these Terms and Conditions, We reserve the right to cancel or reverse Your transaction by informing PayPal.

Shipping and Delivery

Shipping is available within Canada only.  When You purchase goods from this Website, You will receive Your goods in the following way:

•  FREE Shipping via Canada Post Expedited Parcel  (2-8 business days)

Orders normally ship on the next business day within order confirmation. Delivery times may vary due to unforeseen circumstances. You will receive a tracking number once Your order has shipped.

You are required to provide Us with a complete and accurate delivery address, including the name of the recipient.  PLEASE DOUBLE CHECK THAT YOUR NAME AND ADDRESS ARE CORRECT BEFORE PLACING YOUR ORDER as We are not liable for the delivery of Your goods to the wrong address or wrong person as a result of You providing Us with inaccurate or incomplete information.

Return/Refund Policy

All return/refund requests must be sent to  janine@thewhisperingdiva.ca within  30 days of the shipping date.

We rely on repeat customers and hope You love Our products as much as We do, however if You are not happy with Your purchase please email Us so We can initiate a return/refund, replace an item or discuss any other issue You would like resolved. Our goal is for Your shopping experience to exceed Your expectations which is why We strive to provide excellent customer service in a timely manner.

Please Note:   It could take a few business days for Our payment platform (PayPal) to process Your refund , depending upon Your bank.  If Your payment method was via e-Transfer We will process Your refund via e-Transfer.  You should  receive confirmation from Your bank within a few minutes after the transfer has been completed.

Consumer Protection Law 

Any legal issues arising in connection with this Website shall be governed by and construed in accordance with the laws of the Province of Ontario. Providing this Website and the products for sale through this Website is not intended to subject THE WHISPERING DIVA to the laws or jurisdiction of any province, country or territory other than the Province of Ontario. THE WHISPERING DIVA does not represent or warrant that this Website or any part thereof is appropriate or available for use in any particular jurisdiction other than Canada. In choosing to access this Website, You do so on Your own initiative and at Your own risk, and You are responsible for complying with all local laws, rules and regulations. THE WHISPERING DIVA may limit this Website’s availability, in whole or in part, to any person, geographic area or jurisdiction We choose, at any time and in Our sole discretion. 

Links to Other Websites

This Site may contain links to third party websites or services that We do not own or control. We are not responsible for the content, policies, or practices of any third party website or service which may be linked to this Website. It is Your responsibility to read the terms and conditions and privacy policies of these third party websites before using those sites.

Limitation of Liability

THE WHISPERING DIVA will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from Your use of this Website.

Indemnity

Except where prohibited by law, by using this Website You indemnify and hold harmless THE WHISPERING DIVA from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of Your use of this Site or Your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of Canada and of the Province of Ontario.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Disclaimers:

When using this Website, You must be aware of the following disclaimers We have listed on this Website which pertain to Our products:

Silicone Nipple Covers:  

1. Do not apply to irritated, chafed, sunburnt or broken skin.  If You are currently receiving ongoing medical treatment for a serious skin condition please consult a licensed medical doctor before use.  
2.  Although our nipple covers are made of the highest quality medical grade hypo-allergenic silicone, We recommend wearing them for no longer than 8 hours at a time, the reason being that silicone is not a breathable material and should not adhere to the skin for extended periods of time.  

Tree Agate Healing Bracelets: 

1. Please be aware that any healing energy properties of Tree Agate which are listed on this Website or elsewhere are not meant to  treat medical (both physical and/or psychological) conditions. If You feel unwell please seek medical help from a licensed medical or naturopathic professional.

2. WARNING: Choking Hazard. Small Parts. Not meant for children, pets, and individuals who have a tendency to put inedible objects in their mouths.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way We operate this Website and the way We expect Users to behave on this Website.  It is Your responsibility to review Our Terms and Conditions periodically to make sure you are aware of any updates or changes. 

Contact Details

Please contact Us if You have any questions or concerns. Our contact details are as follows:

 janine@thewhisperingdiva.ca

Toronto, ON M6S 3Z9 

Original Terms and Conditions: Effective Date: 1st day of May, 2022

These Terms and Conditions have been updated.

Effective Date:  15th day of March, 2025