Whisker Seeker Tackle Terms of Service and Conditions
Updated November 2021
Terms of Service and Conditions
In General
www.whiskerseeker.com owns and operates this Website. This document governs your relationship with www.whiskerseeker.com. Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions, and notices. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website or this entire Website.
This Website may contain links to other websites, which are not operated by www.whiskerseeker.com. www.whiskerseeker.com has no control over the websites that are linked and accepts no responsibility for them, or for any loss or damage that may arise from your use of them. Your use of any linked website will be subject to the terms of use and service contained within each such website.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam;” or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.whiskerseeker.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading any material posted on it, or on any website linked to it.
Intellectual Property, Software, and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.whiskerseeker.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.whiskerseeker.com and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on this Website and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible or liable.
In order to contract with www.whiskerseeker.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.whiskerseeker.com retains the right to refuse any request made by you. If your order is accepted we will inform you by e-mail and we will confirm the identity of the party with which you have contracted. This will usually be www.whiskerseeker.com or may in some cases be a third party. Where a contract is made with a third party, www.whiskerseeker.com is not acting as either an agent or a principal, and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply to you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a)Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order; this e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b)Pricing and Availability
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost.”
(c)Payment
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation e-mail, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation e-mail.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law www.whiskerseeker.com and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for the loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this Website or the linked websites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.whiskerseeker.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other website, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to Ownership of Trademarks, Images of Personalities, and Third Party Copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services, and/or locations featured on this Website are in no way associated, linked, or affiliated with www.whiskerseeker.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services, and is in no way an assertion that such products or services are endorsed by or connected to www.whiskerseeker.com.
SPOOK, VERSA & Heddon names are registered trademarks of Plastic Research and Development and used by Whisker Seeker Tackle under agreement.
Indemnity
You agree to indemnify, defend, and hold harmless www.whiskerseeker.com, its directors, officers, employees, consultants, agents, and affiliates from any and all third party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Variation
www.whiskerseeker.com shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected and all other claims will remain in full force and effect. So far as possible, where any clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.whiskerseeker.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.whiskerseeker.com.
Whisker Seeker Tackle Privacy Policy
What information do we collect?
We collect information from you when you register on our website, place an order, subscribe to our newsletter or SMS/MMS messaging, or allow your child to participate in the Whisker Seeker Tackle Kids Club.
When ordering or registering on our website, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
1. To personalize your experience (your information helps us to better respond to your individual needs).
2. To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you).
3. To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs).
4. To process transactions.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purposes of delivering the purchased product or service that you have requested.
5. To administer a contest, promotion, survey, club, or other website feature.
6. To send periodic e-mails.
The email address you provide may be used to send you information, respond to inquiries, verify parent/guardian status, and/or other requests or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety and security of your personal information on our website when you place an order, or when you enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit card information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database, only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow), that enable the website or service provider systems to recognize your browser and capture and remember certain information.
We use cookies to help us remember and process the items in your shopping cart and understand and save your preferences for future visits.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our website policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Children’s Online Privacy Protection Act (COPPA) Compliance
We are in compliance with the requirements and provisions of the Children’s Online Privacy Protection Act (COPPA). For the Whisker Seeker Tackle Kids Club, we use a trusted third party provider (TrustSpot) to collect photos and information about you and your child, and the information requested is only what is necessary for the child to participate in the club and for Whisker Seeker Tackle to mail the child their free certificate and participation item (TrustSpot Privacy Policy available here). The information collected includes the child’s first and last name, the parent/guardian’s first and last name, the child’s age and date of birth, and the parent/guardian’s e-mail address.
Personal information collected under this provision is collected directly from the participant or parent/guardian within the website. This personal information is only used in order to mail Whisker Seeker Tackle Kids Club certificates and various items as rewards for participation in different activities (these activities are enumerated on the Kids Club homepage (https://whiskerseeker.com/kids-club).
No information related to the parent/guardian or to the child is sold, transferred, traded, or otherwise given to any party. As a parent/guardian, you have the right to refuse permission or withdraw permission for the use, image, likeness, etc. of your child on promotional materials or social media platforms run by Whisker Seeker Tackle, without affecting the ability of the child to participate in the Kids Club. We do not require more information than what is necessary for the Kids Club participation.
As the parent/guardian, you have the right to request removal or withdrawal of the child from the Kids Club, and removal or withdrawal of their personal information, at any time. To exercise these rights, please contact us at sales@whiskerseeker.com or call 1-855-973-3537 and we will be happy to expedite any requests regarding you or your child’s personal information you have provided.
We require verifiable consent from the parent/guardian using e-mail plus, which consists of the parent/guardian responding and sending back an email that is triggered by the parent/guardian signing up their child on our website for the Whisker Seeker Tackle Kids Club. This email requests the full name of both the parent/guardian and the child, a phone number the parent can be reached at, and the express written consent that the child may participate in the Kids Club. This e-mail also includes links to our Privacy Policy and Terms & Conditions.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please visit the Terms and Conditions section of our website for additional information establishing the use, disclaimers, and limitations of liability governing the use of our website www.whiskerseeker.com.
Your Consent
By using our website, you consent to our online privacy policy and the terms and conditions contained therein.
Changes to our Privacy Policy
If we decide to change or update our Privacy Policy, we will update the Privacy Policy modification date below.
This Privacy Policy was last modified on 11/5/2021.
Contacting Us
If there are any questions regarding this Privacy Policy you may contact us using the information below:
https://www.whiskerseeker.com
3301 SE Destination Drive
Grimes, Iowa 50111
United States
1.855.973.3537