WHO GIVES A CRAP TERMS & CONDITIONS
Last Updated September 2020
SECTION 1 – OVERVIEW & QUICK REFERENCE (AKA CLICK & YOU SHALL FIND)
This website is operated by Who Gives A Crap aka Who Gives A Crap Inc, State File Number 4904789 (also referred to as “we”, “our”, “us”).
Here at Who Gives A Crap we like to keep things fun and simple but sometimes to protect you, our fabulous customer, and us we need to spell things out in detail. This document sets out our house rules, the do’s and don’ts, the nitty gritty, or what the lawyers like to call terms and conditions (“Terms” for short, we told you we like to keep things simple!). We ask that you please read these carefully before proceeding with using our website or mobile site (collectively referred to as our “Site”). If you do not agree to our Terms, you must not continue to access or use our Site, online store (hosted by Shopify Inc, our content, products and services (collectively referred to as our “Online Store”).
Quick reference to these Terms, click and you shall find:
Please note that the headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 2 – YOUR ACCEPTANCE OF OUR TERMS
By visiting, using and/or purchasing from our Online Store, you (being a user of our Online Store, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content):
One thing before we jump into it (if you couldn’t tell by the bold font, this is important!), while we aim to be lovers and not fighters, in the unlikely event you have a dispute with us please note Section 21 - Governing Law & Disputes, which requires that you agree to resolve any dispute you may have with us through binding confidential individual arbitration, which means that you waive all rights to have a dispute decided by a judge or jury and that you also waive your right to participate in class actions.
SECTION 3 – CHANGES TO TERMS
You can review the most current version of our Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates and/or changes to our Site.
It is your responsibility to check this page periodically for changes. Your continued use of or access to our Online Store following the posting of any changes to our Terms constitutes acceptance of those changes.
SECTION 4 – ACCURACY, COMPLETENESS AND OMISSIONS
While we make every effort to ensure information is accurate and up-to-date, occasionally (it happens sorry, we are humans after all!), there may be information on our Online Store or in the provision of our products and services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions and images, pricing, promotions, offers, product shipping charges, transit times and availability.
We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders if any information on our Online Store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), to the extent permitted by law.
We have no obligation to update, amend or clarify information on our Online Store, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Online Store or on any related website, should be taken to indicate that all information on our Online Store or on any related website has been modified or updated.
SECTION 5 – MODIFICATIONS TO OUR ONLINE STORE AND PRICES
Prices for our products and services are subject to change without notice. Applicable taxes and shipping charges will be shown during the checkout process prior to finalising your order.
We may at any time modify or discontinue our Online Store (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Online Store.
There is an important exception to this! For purchases of any of our ‘subscription’ products, we will of course notify you of any changes in price or operation of the service and will not charge your credit card for more than the amount originally agreed without your express consent. Subscriptions may be cancelled or modified at any time by notifying us in writing at email@example.com. Subscriptions will re-bill at the agreed price and frequency until cancelled.
SECTION 6 – PRODUCTS AND SERVICES
When it comes to our products and services here are some key things you need to know:
SECTION 7 – ACCOUNT INFORMATION & PAYMENT, ORDERS & DELIVERY
Account Information & Payment
If you create an account with us, you agree that you are responsible for keeping your password secure. We are not liable for any loss or damage from your failure to maintain the security of your account and password.
Whether you purchase our products from time to time on a one-off basis or subscribe to a regular delivery of our amazing products (good for the world, good for people and good for your bum!), you agree to provide current, complete and accurate purchase and account information (and update that information ASAP if it changes) for all purchases.
You must ensure that all information provided to us for the purpose of processing payments is correct and you are authorised to utilise the given payment method. You acknowledge that we are entitled to verify the authenticity of the payment information you provide (please note this not only protects us but protects you too!).
Unfortunately, if you do not provide us with accurate and up-to-date information, we may not be able to fulfill your order, contact you and may suspend or terminate your account (Oh, sad face!).
We may refuse any order you place with us, or limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by using the email, phone number and/or billing/shipping address provided at the time the order was made.
We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
We endeavour to deliver all orders on-time, however we cannot guarantee that the third party shipping providers we use will not experience shipping delays or problems. If more than fourteen (14) days have passed since you received a shipping confirmation email from us, please contact us at firstname.lastname@example.org so that we may rectify the problem. You must contact us within 2 months of the shipping date for us to be able to help.
SECTION 8 – RETURNS & REFUND POLICY
We love our products, and we hope you do too! If, however, for any reason you are not satisfied with your Who Gives A Crap order, we think that returns and refunds should be easy and hassle-free.
If you’re not happy with your product and would like a refund, please email us at email@example.com within 30 days of receiving your product and we’ll arrange a refund. Please specify your order number (you can find it in your order confirmation email) and tell us what the problem is so we can do our best to fix it for next time!
We’ll provide you with a return shipping address label and even cover the cost of return postage. All you need to do is print and securely attach the return shipping address label (after removing the original delivery instructions) to the box or packaging you received your order in (or other packaging if you have already disposed of ours) and pop it in the post. There are no restocking fees or penalties for returning your goods (seriously, who does that!?)
Please note that in most cases we can only accept products for return that are ‘largely unused’, meaning that if more than 25% of the products in your order have been used (for example, 13 rolls of toilet paper have been used out of your box of 48 rolls), then unfortunately we cannot accept the return and cannot give a refund (unless required by law). An exception to this is if you discover some or all of the remaining products are faulty, in which case we will provide a refund in accordance with consumer laws.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools (because we think they are pretty cool and that you will like them!) over which we neither monitor nor have any control nor input. You agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Site may include materials from third-parties. Third-party links on our Site may direct you to third-party websites that are not affiliated with us (and your use of such third-party websites is subject to that third-party’s terms and conditions). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party's terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide us with submissions (for example, an entry to one of our amazing promotions), product reviews (and why wouldn’t you, our products are great!), creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium (including but not limited to publication on our Site or social media pages) any Comments that you forward to us. We are and shall be under no obligation to:
We may monitor, edit or remove content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Your comments must not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights, or otherwise breach the matters set out in Section 15 - Prohibited Uses (aka Please Don’t Do It!). You must not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 12 – OUR CONTENT (AKA INTELLECTUAL PROPERTY RIGHTS)
We own, or use under license, all intellectual property rights (fancy lawyer talk for protecting what is ours!) in our Site and the content we publish on it (including, but not limited to, our name and logo, images, blog content). Nothing in these Terms or your access and use of our Online Store gives you any rights in our Online Store. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Online Store, without express written permission by us.
SECTION 13 – PERSONAL INFORMATION
SECTION 14 – SMS/MMS DIRECT MARKETING
Where you opt-in to receive direct marketing from us via SMS/MMS:
Please only use the above methods to opt-out of SMS/MMS direct marketing as we cannot guarantee other methods will successfully result in an opt-out.
SECTION 15 – PROHIBITED USES (AKA PLEASE DON’T DO IT!)
We don’t like to be the “no” police but there are just some things that we have to be clear on that are absolutely unacceptable (for legal or other reasons) when using our Online Store, our Site its content, or features and tools (including but not limited to SMS/MMS marketing) provided by third parties, or where engaging with us on social media (collectively referred to as the “Platforms”). In addition to other prohibitions set out elsewhere in these Terms, you must not use the Platforms:
We (or the relevant third-party) may terminate your use of the Platforms or any related website for violating any of the prohibited uses set out in these Terms and/or the third-parties terms and conditions.
We know it’s a lot to read all these terms and conditions, we really do appreciate you reading them, and we think you deserve a joke before we jump into some other serious stuff! Here goes…
What did the toilet say to the other toilet?...
…Hi there, you look a bit flushed!
Now, back to it.
SECTION 16 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee that your use of our Online Store will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of our Online Store will be accurate or reliable. From time to time we may remove our Online Store (in whole or part) for indefinite periods of time or cancel at any time, without notice to you.
Your use of, or inability to use, our Site is at your sole risk. Our Online Store including all products and services delivered to you are (except as expressly stated by us or where a warranty cannot be excluded by law) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Who Gives A Crap, our related bodies corporate, our and our related bodies corporates’ directors, officers, employees, affiliates, partners, agents, contractors, interns, suppliers, service providers or licensors (collectively referred to as the “Who Gives A Crap Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of or for any other claim related in any way to our Online Store (as defined in these Terms), including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Online Store, even if advised of their possibility. If the Who Gives A Crap Parties are liable to you in any way, such liability will not exceed the total cost of our products ordered by you. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Who Gives A Crap Parties from any claim, demand, proceeding, loss, damages or expense (including reasonable legal fees), made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION & SURVIVAL
These Terms remain in force and are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Online Store and when you cease using our Site.
While we hope that we never need to do this (because you are all rule-abiding and fabulous human beings!), but if we believe you fail, or we suspect that you have failed, to comply with any part of these Terms, we may terminate these Terms immediately without notice to you and:
Any obligations and liabilities of you and/or us incurred prior to the termination date of these Terms shall survive the termination of these Terms for all purposes. Further any terms by their nature and context that are intended to survive termination will survive. We have no responsibility or liability to you for any damages, loss, expense or other claim arising from the termination of these Terms or the denial of access to our Online Store.
SECTION 20 – ENTIRE AGREEMENT, INTERPRETATION & WAIVER
These Terms and any additional terms and conditions and policies referenced and/or available by hyperlink in these Terms or on our Site constitutes the entire agreement and understanding between you and us and govern your use of our Online Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. What does this mean you ask? It means that if we choose not to enforce a right it does not mean we cannot enforce it at a later time.
SECTION 21 – GOVERNING LAW & DISPUTES
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, in the United States of America (“Governing Law”).
To the fullest extent permitted by law, you agree to waive any right to trial by judge or jury and to class action litigation. You expressly agree to resolve any dispute (that we cannot resolve between ourselves) via individual confidential arbitration, to which the arbitrator will apply the relevant Governing Law (“Arbitration & Waiver Provision”).
You acknowledge and agree that any third party engaged by us to provide SMS/MMS marketing services is a third-party beneficiary of the Arbitration & Waiver Provision.
SECTION 22 – FORCE MAJEURE (SOMETIMES THE UNEXPECTED HAPPENS!)
Sometimes the unexpected really does happen (we are looking at you 2020!) and in the event that it does, we will be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of that unexpected event or series of events. What might be unexpected you may ask? This includes weather conditions, acts of nature, God, war or terrorism, insurrection, riots, civil disorders or rebellion, pandemics, quarantines or embargoes, labour strikes, or other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund.
SECTION 23 – CONTACT INFORMATION
We’re here to help! Any questions about these Terms can be sent to us at firstname.lastname@example.org.
WHO GIVES A CRAP SOCIAL COMMUNITY GUIDELINES
SECTION 24 – SOCIAL COMMUNITY GUIDELINES
We have a variety of social media channels where we strive to create communities (see the links to our socials in the footer of our Site) where we can share information with each other and have meaningful (and sometimes not-so-meaningful but nevertheless fun-filled and LOL worthy) conversations. Let’s talk about how we make this a fun space for everyone.
We do our best to talk candidly about the topics that are important to you all, listen to your feedback, answer your questions, share information and provide our perspective as a business. In return, we ask everyone to be respectful of one another.
We encourage and welcome your comment, we just ask that you share your viewpoint in a way that is respectful to us and our followers. We don’t tolerate comments that are inappropriate, off-topic, abusive, harassing, profane, defamatory, breaching intellectual property or any privacy rights, or promoting third-party sites, initiatives or products (check out what else we don’t tolerate in Section 15 - Prohibited Uses (aka Please Don’t Do It!) of our Terms. We may reject or remove comments that are not in keeping with our policy and to block or ban users/followers who violate this policy. Just play nice, ok?
Also, please keep in mind that we do our best to moderate and respond quickly to your comments and feedback to help ensure that users’ posts comply with our guidelines, we cannot be responsible for the accuracy or reliability of any comments or materials posted by users.
We know that’s a lot of information, but the basic idea is there is a person behind our posts and there is a person behind every profile (unless it’s a weird robot). So, let’s be kind*.
*We are constantly blown away by the kindness of our community, but we thought it’d be good to have the rules in writing. You know, just to be official.