Terms - Why and Whale Monthly Surprise Pack
TERMS AND CONDITIONS

Welcome to Why and Whale (also referred to within this site as “we” or “our” or “us” or "Company”) is the operator of the Why and Whale website (Site).

Privacy Policy

This Privacy Policy governs the manner in which Why and Whale, LLC collects, uses, maintains and discloses information collected from users (each, a “User”) of the http://whyandwhale.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Why and Whale, LLC.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Why and Whale, LLC may collect and use Users personal information for the following purposes:

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Electronic newsletters

If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Compliance with children’s online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Changes to this privacy policy

Why and Whale, LLC has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by the Why and Whale Privacy Policy. If you do not agree to these Terms, you should not use or access this Site. Why and Whale reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site as your use of the site after any posting of changes will constitute your acceptance of the changes.

In order to access certain services on the Site and/or to make purchases, you will be required to provide specific information. By providing your credit card information, you represent and warrant that you have the legal right to use such credit card and you grant Why and Whale the right to provide such credit card information to third parties for purposes of facilitating the completion of transactions initiated by you. Any password provided should be safeguarded at all times. You are responsible for the security of your password and will be solely liable for any use or unauthorized use of the Site under such password. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read the Why and Whale Privacy Policy.

Why and Whale offers various subscription products, including renewable subscriptions. With respect to any subscription subject to automatic renewal, you agree that Why and Whale may submit periodic charges to your credit card until you provide notice that you wish to terminate your subscription plan.

You assume all responsibility and risk with respect to your use of this Site. The Site and all content and merchandise available through this site are provided on an “as is” and “as available” basis without warranty of any kind. Specifically, Why and Whale does not warrant that the information on this site is accurate or reliable or that the functions contained on this site will be uninterrupted or error-free. Furthermore, Why and Whale does not warrant that this site is free of viruses or other harmful components. Our responsibility is limited to repair, replacement, or refund.

WHY AND WHALE DOES PROVIDE SUBSCRIPTION PRODUCTS THAT CAN BE CONSUMED OR APPLIED TO THE SKIN. HOWEVER, WHY AND WHALE DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. FURTHERMORE, WHY AND WHALE DOES NOT REPRESENT OR WARRANT THAT PRODUCTS SHIPPED TO CUSTOMERS WILL ALWAYS BE FREE OF SUCH ALLERGEN-INDUCING INGREDIENTS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND/OR THE INCLUSION OF SUCH PRODUCTS IN YOUR WHY AND WHALE SUBSCRIPTION BOX AND THAT YOU CONSULT THE PRODUCTS’ LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

You agree to indemnify, hold harmless, and defend Why and Whale and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

The laws of the State of Florida shall govern these Terms without regard to conflict of laws provisions. Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription plan), or to your relationship to Why and Whale shall be submitted to confidential arbitration in Florida. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction.

YOU AND WHY AND WHALE AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Thank you for reading through these Terms and Conditions. If you have any questions, please reach out to us at hello@whyandwhale.com.