These terms and conditions are a legal document (“Agreement”) which sets out your rights and obligations, and those of WDC, Whale and Dolphin Conservation (“WDC”, “we” or “us”), in relation to this website (the “Site”), our services, and the material of all types that you gain access to, on and through the Site (“Content”). We have a separate privacy policy which governs our use of your personal information which you can access at http://us.whales.org/en/node/8997
Your use of this Site constitutes your agreement to all of these terms. Your agreement to these terms becomes effective immediately upon use of our Site. If you do not wish to be bound to these terms or do not agree with them, you should not use this Site. The terms cover a number of situations that WDC has encountered over the years.
ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Agreement with respect to the Site, its Content and our services. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site and you should review this Agreement prior to using the Site, so we recommend checking it periodically. We may change, suspend or discontinue any aspect of the services at any time. We may also impose limits on certain features and services and restrict your access to parts or all of the Site or the services provided without notice or liability. This Agreement constitutes the entire and only agreement between us and you and supersedes all prior to contemporaneous agreements, representations, warranties and understandings with respect to the Site, the use, Content, products or services provided by or through the Site, and the subject matter of this Agreement.
DELIVERY TIMES
WDC aims to ship your adoption pack within 7 working days of receipt of an order Monday to Friday (EST times). However, to account for exceptions, please allow 14 days for delivery. Postage and packing is free to addresses in the US, with an additional $5 for standard international adoptions. Deluxe adoptions and/or plush whale additions will incur a $10 shipping fee. Credit / debit cards will be charged by WDC and details will not be passed to any third party. Charges are submitted via Authorize.net.
YOUR COMMITMENT TO WDC IN ORDERING AN ADOPTION OR MAKING A DONATION
The majority of people who process an adoption with WDC do so in order to support the work in which WDC is engaged. A very small number of people have been known to order a supporter package and then cancel their payment method. While WDC respects that occasionally, for reasons beyond their control, supporters are not able to honor their original commitment and contact us in order to reschedule their support, some people may have no intention of honoring their commitment. Therefore, by agreeing to these terms and conditions, you are honoring to pay the amount specified upon completion of the order form. For those who cancel their payment methods before completion of their committed support, WDC reserves the right to insist on payment of a minimum $30 within any 12 month period to cover all production, mailing and staff costs attributable to dealing with the order and cancellation. It is your responsibility to ensure that any account from which you are making payments to WDC has sufficient funds to cover your support. WDC will not be liable for any bank (or similar) charges incurred due to any failure to ensure adequate monies are maintained in your account.
ORDER PROCESSING
You confirm that all the details provided are correct – WDC cannot be held responsible for errors in information provided by the supporter. If your online order is accepted, we will send you an e-mail confirming acceptance of your order. Please note it is your responsibility to ensure that you have ordered what you intended. If you receive more than one confirmation email, WDC would urge you to check to ensure that you have not placed more orders than you originally intended. WDC will not presume that repeat orders are a mistake, but will act on all orders received unless notified otherwise within 2 days of receiving the order. Your right to Cancel Pursuant to The Consumer Protection (Distance Selling) Regulations 2000 (hereafter referred to as the Regulation) regulation 13(1)(a) the contract to supply your adoption will begin as soon as payment has been received from yourself, or as soon as WDC has dispatched the adoption pack further to a confirmed order from yourself, whichever is the sooner. In the terms of the Regulation the adoption pack is considered to be goods personalized to the consumer’s specifications. This means that, with the exception of the conditions detailed under Refunds and Exchange, you will not have the right to cancel.
CANCELLATION
Pursuant to the above paragraph and The Consumer Protection (Distance Selling) Regulations 2000 a notice of cancellation will be accepted if you: (a) leave your notification at the address last known to you and addressed to the supplier or other person by name (in which case it is to be taken to have been given on the day on which it was left). Please use the following address for WDC: Supporter Relations, WDC 7 Nelson Street, Plymouth, MA 02360; (b) send it by mail to the address last known to yourself and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted). Please mail to the address below under Refunds and Exchange; (c) send it by fax to the business fax number last known to you (in which case it is to be taken to have been given on the day on which it is sent). Please fax to 508-746-2537; or (d) send it by electronic mail, to the business electronic mail address last known to you (in which case it is to be taken to have been given on the day on which it is sent). Please email [email protected]. If payment has been taken when you choose to attempt to cancel then our refunds policy, as detailed below, applies.
REFUNDS AND EXCHANGES
If the adoption pack you receive is damaged, or not as you specified in your original order, we will replace the adoption pack or give you a full refund. Please email [email protected], call 1-888-MY WHALE or fax 508-746-2537 for help in processing your request. Packs can be returned to: Supporter Relations, WDC 7 Nelson Street, Plymouth, MA 02360. If you are sending the adoption pack from overseas, postage is not refundable.
CONTENT/COPYRIGHT/SERVICE MARKS
All of the Content is protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such Content or any part of the Site is strictly prohibited, other than for your personal noncommercial use (but not for resale or redistribution). You may not modify or rearrange any of the Content or any part of the Site or remove or alter advertising. Requests to use the Content for any purpose other than as permitted herein should be directed to WDC at [email protected]
Our posting of Content on the Site does not constitute a waiver of any right in such Content. All Content is protected by copyright and owned or controlled by us or other party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
User content refers to postings, photos, messages, comments, and other materials placed on the Site by users. We do not control user content, and therefore make no representations or warranties with respect to user content. You are individually responsible for your own content and the content of your account, and should perform all prudent and necessary research with respect to other user content.
Content prohibited from WDC includes. but is not limited to: 1) illegal content, 2) offensive, threatening, or pornographic content, 3) false or fraudulent content, 4) content that promotes or advertises unsolicited products or services, and 5) malicious content (including spyware). Use of any of the aforementioned content or content deemed unacceptable will be grounds for immediate termination from the Site.
The Content includes logotypes, trademarks and service marks owned by WDC and by other third parties, none of which may be used in any manner unless approved in advance and in writing by WDC. Products and names mentioned on the Site may be trademarks of their respective owners.
We reserve the right in our sole discretion to edit or delete any documents, information or other Content appearing on the Site.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our partners, attorneys, staff, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
NONTRANSFERABLE
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
DISCLAIMER
The content from or through the site and third party sites to which it links are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The content may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any content or for any conduct of any user on our site. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you, this site and the content presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. We do not provide legal advice nor enter into any attorney-client relationship.
All responsibility or liability for any damages caused by viruses contained within any electronic file containing a form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site.
USE OF INFORMATION
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses submitted by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us through the Site (collectively, the “Submission”) will forever be the property of WDC as if it were a work made for hire. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future WDC products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use, transfer, assign, exploit, license and display the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Any Submission you submit may be edited, removed, published, transmitted and displayed by WDC, in its discretion. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright and you represent, warrant and covenant that all your Submission to the Site (i) are owned or otherwise controlled by you, (ii) are accurate, (iii) do not violate this Agreement, (iv) will not cause injury to any person or entity, (v) will not violate, plagiarize or infringe upon the rights of any third party and (vi) do not contain libelous or otherwise unlawful material.
THIRD-PARTY SERVICES
We may allow access to or advertise third-party product or service providers (collectively “Marketers”), from which you may purchase certain products or services. You understand that we do not operate or control the products or services offered by Marketers. Marketers are responsible for all aspects of client suitability, account opening, order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Marketers. You agree that use of such Marketers is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. under no circumstances are we liable for any damages arising from the transactions between you and marketers or for any information appearing on marketer sites or any other site linked to our site. All rules, policies (including privacy policies) and operating procedures of Marketers will apply to you while using their sites. We are not responsible for information provided by you to Marketers. We and the Marketers are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
PRIVACY POLICY
Our Privacy Policy, as it may change from time to time, is a part of this Agreement and you can review it at the following link http://whales.org/en-us/node/8997
LINKS TO OTHER WEB SITES
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. Your dealings or communications through the Site with any party other than WDC are solely between you and that third party. Under no circumstances will the Site be liable for any goods, services, research or content available through such third party dealings or communications, or for any harm related thereto.
COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at [email protected]
INTERNATIONAL USERS
The Site is controlled, operated and administered by WDC from its offices within the United States. WDC makes no representation that Content available through the Site is appropriate or available for use outside the United States and access to it from territories where its contents are illegal is prohibited. You may not use the Site or export the Content in violation of United States export laws and regulations. If you access the Site from a location outside the United States you are responsible for compliance with all local laws.
TERMINATION
WDC may, in its sole discretion, terminate or suspend your access to all or part of the Site or the Content offered for any reason, including breach or assignment of this Agreement. Termination of this Agreement for any reason will not affect survival of those provisions of this Agreement for which survival is equitable or appropriate.
MISCELLANEOUS
This Agreement shall be treated as though it were executed and performed in the Commonwealth of Massachusetts, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (without regard to conflict of law principles and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the paragraphs labeled ‘DISCLAIMER’ and ‘THIRD-PARTY SERVICES’. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought in federal or state courts solely in the Commonwealth of Massachusetts. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.