Whelk Inc. | Terms and Conditions

Privacy Policies – Third party services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Security

To protect your personal information, we take great precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
We provide SSL encrypted gateway payment security throughout your checkout process.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Cookies

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows WooCommerce to store information about your session (referrer, landing page, etc).
_woocommerce_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_woocommerce_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

Age of consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Changes to the privacy policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our business is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Questions and contact information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at caribou@whelk.ca

Overview

This website is operated by WHELK inc. Throughout the site, the terms “we”, “us” and “our” refer to WHELK inc. https://whelk.ca offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 via WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Our e-commerce terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

General conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the service and prices

Prices for our WHELK DIGITAL AGENCY | Creative | SEO | Support | Hosting, offers are all in CAD$ and subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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 the Service.

Products

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products or other material purchased or obtained by you will meet your expectations.
Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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 contacting the e-mail and/or billing address/phone number provided at the time the order was made. We encourage orders that appear to be placed by dealers, resellers or distributors.
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.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and 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).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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.

WordPress / AVADA THEME

We are in no way associated, endorsed, contracted, operated or bound by Avada/Theme Fusion. AVADA is the trademark of its respective owner(s) and should not be seen as the owners of this site. WHELK provides third party website creative, support and hosting based on the premium WordPress theme known as AVADA and is in no way responsible for the AVADA theme itself. Please refer to https://themefusion.com for further information.

WHELK Consulting services

It’s important to understand that WHELK is in no way responsible for any work done to your website prior to us trying to resolve any issue(s) you may be experiencing. In any case, most problems arise from low system resources, incompatible plugins or negative interaction between the theme and 1 or more plugins. 
In many cases, a programmer(s) you have worked with up-to-this-date has/have hard-coded .css and .php additional functions in a child theme or directly into the theme file. Which may/could lead to problems when performing an upgrade(s). 
We will not move forward until you understand that our role is to analyze, correct and simplify any existing WP theme website in order to regain 100% functionality. 
In the case where we are to UPDATE the theme to the latest version, we cannot predict what issue(s) may arise following the update. We can only react to what happens once the process is completed and correct any issue(s) based on our previous experience. 
You can choose to move forward by selecting either ONSITE or OFFSITE manners via our “/chaf” (consulting & hosting agreeemet form) agreeement form – Regardless of the choice you opt for, a FULL BACKUP of your entire website will be created by us before anything is done. IN THE EVENT where the site content needs to be reverted back to its original state, you agree that a SERVER BACKUP RESTORATION may be needed from your HOST SERVER COMPANY if no other method can restore the original site data – which if the case, may or may not result in a service fee to you by your server host.
You AGREE to pay the quoted amount in full, including a maximum 2 HOUR provision if quoted time is surpassed. Any additional fees are quoted separately before any new work is performed.
ONSITE UPDATE/MAINTENANCE
This is done after normal business hours in your respective time zone. All updates and site maintenance is done methodically and then checked FRONT END to ensure everything is running perfectly.
OFFSITE UPDATE/MAINTENANCE
This is done on our DEVelopment server, it is more expensive, but it is the safest way to overhaul complex sites with major issues or in a case where the site in question is running e-commerce, cannot be down or has not been upgraded in a long time, ex: going from Avada Theme 3.92 to 5.x
You AGREE to pay the quoted amount in full, including a maximum 2 HOUR provision if quoted time is surpassed. Any additional fees will be quoted separately before any new work is performed.

WHELK VPS Hosting services

Our VPS Hosting services are provided and managed via Canadian Web Hosting, we are very transparent when it comes to web hosting. 
Our Servers are custom tuned for WordPress website hosting, we allocate ALL of the ressources WordPress themes need in order to perform properly. All data is fully backed-up weekly, all data is served via 3 worldwide data centres.
Our standard 30$/month CAD$ WHELK hosting fee does not include monthly maintenance, updates to WordPress, theme, plugins, etc. 
Our billing period is calendar based: JANUARY 1ST to DECEMBER 31ST of each calendar year, billed annually. 
If you are entering our hosting platform mid-year, you will be billed to DECEMBER 31st of the current year or additionally as agreed upon.
In the event you have an unpaid/outstanding SUPPORT INVOICE dating more than 10 days with WHELK, you will not have access to your cPanel or domain transfer unlock codes until the amount owed to us is paid in full.
At any time you may decide to host your site on another server of your choice. Refunds are not provided. As long as your account is in good standing, we will provide unlock code(s) for the domain(s) that may be under our account. Once you’ve received the code(s), you are free to move them to the registrar of your choice. In the event that either party wishes to terminate the current hosting contract in accordance with the conditions listed in this document, a complete cPanel archive will be immediately and duly delivered to the customer.

THIRD PARTY EXTENSIONS (plugins)

All purchased extensions remain the property of WHELK as they are in our corporate account and cannot be shared with any other party, annual licence fees at time of renewal are non-transferable if the website is no longer hosted by WHELK. WooCommerce, Gravity Forms, WPML extensions (plugins) and all other installed extensions are licensed to the end user for use on our hosting platform only.

PURCHASED SSL KEYS

In the event that a website is no longer hosted by WHELK, all purchased SSL keys remain the responsibility of the website owner as to transfer via available cPanel certificate registry. while the site is still hosted in good standing. We are not responsible nor do we provide SSL key transfer certificates.

WEBNAMES.CA | DOMAIN REGISTRATION SERVICES

Our domain registrant for all managed domains is webnames.ca, we are very transparent when it comes to domain registration. 
WHELK INC. acts as the “managing” party as to all registered domains under our webnames.ca account. Registrant, Administrative and Technical contacts that appear under our name are the property of our clients/respective owners and can be transferred out upon request. By doing so, we cannot assume any responsibility for renewals, nameserver issues or domain privacy.

Creative – SEO – Support – Hosting – Non-Payment

All payments are due in full on invoice date. Failure to remit payment for creative, support or hosting services on the invoice date is a violation of this TOS. Failure to remit payment for ten (10) consecutive days, shall result in a suspension of public access to your Cpanel. Failure to remit payment for services within twenty-five (25) consecutive days, shall result in termination of access to the service we provide and all services shall be reclaimed. All Customer files and data remaining after thirty-one (31) days of non-payment will be destroyed and unrecoverable for security and privacy reasons.

User comments, feedback and other submissions

If, at our request or without a request from us, you send certain specific submissions (for example pictures and or comments) to us, which may include; creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘pictures and/or comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any pictures and or comments that you forward to us. We are and shall be under no obligation (1) to maintain any pictures and/or comments in confidence; (2) to pay compensation for any pictures and/or comments; or (3) to respond to any pictures and/or comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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.

Personal information

Your submission of personal information through this website/store is governed by our Privacy Policy. To view our Privacy Policy.

Errors, inaccuracies and omissions

Occasionally there may be information on our site 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.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of warranties; Limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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 WHELK inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 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 product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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.

Indemnification

You agree to indemnify, defend and hold harmless WHELK inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 Services (or any part thereof).

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Quebec, Canada.

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact information

Questions about the Terms of Service should be sent to us at caribou@whelk.ca