Haptly Ltd. Terms and Conditions Last updated on December 1st, 2016 These terms of service (“agreement”) are a legal agreement between you (“you”, “your”, or “customer”) and Haptly Ltd. (“we” or “Whey Cartel”), the owner and operator of the wheycartel.com website (the “site”). This agreement states the terms and conditions that govern your use of the site and the products sold on it and memberships sold to it. By accessing and using the site, you are indicating that you accept, and agree to comply with, this agreement. If you do not accept this agreement, you are not permitted to, and you must not, access or use the site or purchase products from, or memberships to, the site. By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority in your jurisdiction of residence, that you are at least 13 years old, and that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless Whey Cartel if said minor breaches or disaffirms any term or condition of this Agreement.
2 – Passwords; Use of Site 2.1 – Passwords You will be required to register and create an account by providing your email address and a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your email and password. You agree not to share your password, let anyone else access your account or do anything else that might jeopardize the security of your passwords or account. You agree to notify Whey Cartel if there is any unauthorized use of your password or account on this Site or if you know of any other breach of security in relation to this Site. 2.2 – Use of Site; Prohibitions Subject to your compliance with this Agreement, Whey Cartel hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, create derivate works from or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Whey Cartel or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace, harvest or compile any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – Terms of Sale 3.1 – Sales of Products and Memberships to End Users Only If you are interested in purchasing wholesale quantities or in the private branding of our Products, please email us directly at firstname.lastname@example.org for more information. We reserve the right to limit the quantity of memberships purchased per person, per household or per order. The Membership and all rights and privileges conferred are personal and non-transferable. 3.2 - Pricing Memberships are offered by Whey Cartel through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by Whey Cartel to You. The price of a product as shown on the Website does not include any applicable taxes or shipping. The total price of your order will be reflected on our final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. The net price for Products and Memberships can be found on Whey Cartel then-current pricing page located on the Site at: http://wheycartel.com/products. Whey Cartel reserves the right to change the prices and fees for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. 3.3 – Refund Policy If you are dissatisfied with the Product for any reason, Whey Cartel will refund the amount paid for your most recent month of service. Refund requests must be made directly to Whey Cartel at email@example.com. All refund requests must be made within thirty (30) days of the date of delivery by Whey Cartel. In response to your refund request, Whey Cartel will credit the amount paid for the returned Product (less any shipping and handling costs and fees related to the original purchase, which are nonrefundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Whey Cartel does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback. Whey Cartel shall in its sole discretion provide a refund for a request that is received by Whey Cartel more than thirty (30) days after the date of original delivery. Whey Cartel also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. If Products are damaged as a result of shipping complications or you believe there was a mistake in fulfillment. Please contact us at firstname.lastname@example.org immediately and we will work to resolve the issue. In the case of damage, please provide pictures if possible for our records. Apparel Refund Policy Whey Cartel does not accept Returns or Refunds on our Apparel line which includes the following products: T-shirts, Hat’s. If you receive what you think to believe is a defective product, please contact email@example.com 3.4 – Payment Methods: Membership Terms and Membership Cancellation Policy Whey Cartel accepts the following forms of payment: (i) Credit Card (Visa, MasterCard, and American Express) and (ii) debit card.. You agree to pay all fees charged to your account based on Whey Cartel’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership to the Site. As stated previously and for purposes of clarification, the price of a product as shown on the Website is the NET PRICE of the product not including any applicable taxes. The total price of your order will be reflected on Our final checkout page. An order receipt shall be sent to the email address you provided during sign-up showing the final total price of the Membership as well. You are responsible for paying the amount reflected on Our final checkout page. If you do not wish to pay the final amount reflected on Our final checkout page you are welcome to not sign up for Membership. Any applicable taxes shall be based on the address that you provide as the shipping address when you register for a Membership. You authorize Whey Cartel or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. You represent and warrant that you are the cardholder of the credit card used. If your credit card is rejected by the card issuer, if you do not pay on time or if your credit card cannot be charged for any reason, Whey Cartel reserves the right to either suspend or terminate your account and Membership. All sales and payments will be in New Zealand Dollars. IMPORTANT NOTICE TO CONSUMER: Whey Cartel Membership is a cancel-at-any-time, monthly membership. We will automatically renew your monthly membership. Your Membership is billed month-to-month and may be cancelled at any time by logging on to your account within Wheycartel.com. To cancel a Membership, please login to your account on the Site and select the “Membership Options” link at the bottom of the page, then follow instructions towards cancellation. All cancellation requests must be received 3 (three) days prior to your monthly account renewal. If you have any problems, please email firstname.lastname@example.org. 3.5 – Shipping and Product Acceptance The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier. 3.6 – Correspondence With Members Any and all correspondences sent, issued, expressed, or transmitted by Whey Cartel or any of its affiliates to You shall strictly be in the English language. Correspondences shall include but not be limited to Whey Cartel mailing envelopes and/or boxes, postcards, business cards, and any and all other mailings including but not limited to electronic mail.
4 – Proprietary Rights You hereby acknowledge and agree that Whey Cartel or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Whey Cartel is a pending trademark of Haptly Ltd. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Whey Cartel.. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
6 – Limitation of Liability The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you, and you might have additional rights. 6.1 – in no event shall any Whey Cartel party be liable to you, or any third party, for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death or lost profits) resulting from the use of or inability to use any Whey Cartel site, content, products or memberships, whether based on warranty, contract, tort, or any other legal theory, and whether or not Whey Cartel, or any third party are advised of the possibility of such damages. 6.2 – if, notwithstanding the foregoing, a Whey Cartel party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site, content, products or memberships, the relevant Whey Cartel party’s total cumulative liability shall in no event exceed the greater of: (a) the amount you paid Whey Cartel for the products or membership, as applicable; and (b) the sum of one hundred NZ dollars (NZD$100).
7 – Electronic Communications 7.1 – Electronic Communications Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account information. Since these administrative or account electronic communications are essential to the successful and effective functioning of your Membership the sole remedy to opt-out is to cancel your account. You may cancel your account either by logging into your account or by emailing a request to email@example.com. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.