Terms & Conditions

 

This website is operated by Good Goods Pty Ltd, together with our related bodies corporate (as that term is defined in the Australian Corporations Act 2001 (Cth)), referred to as Who Gives A Crap. Throughout the site, the terms “we”, “us” and “our” refer to Who Gives A Crap. By using this website and the content that it contains (“Content”), you agree to these terms and conditions (“Terms”) and our privacy policy (“Privacy Policy). If you do not agree with these Terms and our Privacy Policy, then you may not use this website. You acknowledge that you have read and agree to these Terms and our Privacy Policy in their currently-posted form, and that these Terms constitute binding and enforceable obligations on you.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - CONDITIONS OF USE

You may use this website and engage in our “Service” so long as you agree to be bound by, and act in accordance with, these Terms and are at least 16 years old. We reserve the right to refuse service to anyone for any reason at any time.

We authorise you to view the Content solely for your personal, noncommercial use. You may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content without express written permission by us.

A breach or violation of any of the Terms will result in an immediate termination of your Service and you must immediately destroy any copies you have made of any Content.


SECTION 2 - MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 3 - YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and your password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


SECTION 4 - THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's 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 5 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send to us creative ideas, suggestions, proposals, plans or other materials, whether solicited by us or unsolicited, and via any channel (including, but not limited to, email, online, social media or postal mail) (“comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us. You warrant that any comments you provide to us were authored by you and you have the authority to provide them to us. We are under no obligation to (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.


SECTION 6 - PERSONAL INFORMATION

Your submission of personal information through the Service is governed by our Privacy Policy.


SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 8 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the website or its Content:

(a) for any unlawful or unauthorised purpose, including to violate any laws in your jurisdiction (including but not limited to copyright laws), or to solicit others to perform or participate in any unlawful acts;

(b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(c) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(d) to submit false or misleading information;

(e) in a way that interferes with the Service that Who Gives A Crap provides or in a manner other than those that we purposely provide to you or are otherwise permitted by law;

(f) to violate the security of the website, including, without limitation by introducing any viruses, Trojan horses, worms, malware or other material which is potentially malicious or technologically harmful, by accessing data that is not intended to be accessed by you or accessing an account or server that you are not authorised to access, including accessing the website or part of the website without authorisation, and by attempting to test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation

(g) to collect or track the personal information of others;

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape; and

(i) for any obscene or immoral purpose.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 9 - DISCLAIMER OF WARRANTIES

We do not make any representations, warranties or specific promises about the Services other than those expressly stated in these Terms or the Privacy Policy. We do not guarantee, represent or warrant that your access to or use of the website and the Service will be uninterrupted or error free or that defects in the website will be fixed. The website is provided on an ‘as-is’ and ‘as-available’ basis.

To the extent permitted by law, which may vary by jurisdiction, we disclaim all warranties, express or implied, including but not limited to all implied warranties of merchantability or fitness for a particular purpose, quality of information, quiet enjoyment, title, durability, and non-infringement. Who Gives A Crap does not warrant the accuracy, completeness or timeliness of the information obtained through the website.

You assume total responsibility and risk for your use of the website, site-related services, and linked site. We do not warrant that files available for download will be free of viruses, worms, trojan horses, malware or other destructive or harmful programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.


SECTION 10 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, Who Gives A Crap and its employees, officers, managers, members, affiliates, agents, contractors, suppliers, service providers or representatives (“Representatives”) will not be responsible 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 (negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service or for any other claim related in any way to your use of the Service or any products, including, but not limited to, any errors in any content, or loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Your sole remedy for dissatisfaction with the website, Content, Service, or any linked site, is to stop using the website and/or those products or services. To the extent permitted by law, Who Gives A Crap’s total liability for any claims under these Terms shall be limited to actual, direct damages, not to extended the lesser of the amount you paid Who Gives A Crap to use the website or Service or one hundred dollars (Australian) (AU$100). In any event, Who Gives A Crap will not be liable for any loss or damage that is not reasonably foreseeable.

Some jurisdictions do not allow the disclaimer of warranties or limitation of certain damages so certain of the foregoing disclaimers and limitations may not apply to you.


SECTION 11 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Who Gives A Crap and our Representatives, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your misuse of the website, 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 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms 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 the Service, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms,, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).


SECTION 13 - MISCELLANEOUS

Severability: In the event that any provision of these Terms is determined to be invalid, 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.

No waiver: The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire agreement: These Terms constitute the entire agreement between you and use with respect to the use of the website, Content and the Service. Your use of the website is also subject to our Privacy Policy.

Governing law: These Terms and any separate agreements whereby we provide you the Service is governed by and construed in accordance with the laws of the State of Victoria, in the Commonwealth of Australia.

Survival: The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.


SECTION 14 - CONTACT INFORMATION

We’re here to help! Any questions about the Terms can be sent to us at sales@whogivesacrap.org.

We know you'll love our products, but if for any reason you don't, send them back for a full refund.
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