LAST UPDATED: AUGUST 3, 2023
1. PERSONAL AND CONFIDENTIAL INFORMATION
Personal information means any information that can be used to identify you as an individual. In order to provide our products and services, we require your personal information. This information may include but not limited to, your name, email address, phone number, mailing address, birth date, payment card numbers (including but not limited to CVV), and purchase information.
2. COLLECTION, USE AND DISCLOSURE
Wild & Whelm collects, uses, and discloses personal information in order to provide you with goods and services and/or information on products and services you may be interested in.
We also collect, use and disclose your personal information to comply with legal and regulatory requirements and as otherwise may be permitted or required by applicable laws.
We may collect or obtain information about you, including but not limited to, the following ways:
• make purchases on our Site
• sign up for our e-newsletters
• create an account on our Site
• enter into a contest, promotion or survey
• from your use of our Site, using cookies and similar technologies, and from third parties (refer to Section 6 for more information)
• engage with Wild & Whelm on social media
• phone and email communications
• social media interactions and other third-party websites, including but not limited to, Pinterest, Facebook, Instagram, Tik Tok, and YouTube.
Information we collect from you include but not limited to, the following:
• Contact information (name, user name, purchase history, mailing address, etc.)
• payment information
• demographic information
• other information (IP address, browser and operating system)
We collect personal information about you for various purposes, including but not limited to the following:
• verify your identity for our mutual protection
• provide you with information about our products, services and promotions
• manage our business and maintain accurate accounts for you
• meet legal and regulatory requirements
In most cases we collect personal information directly from you; however, in some cases, we obtain certain personal information from other sources, including but not limited to:
• tracking tools like browser cookies, flash cookies, and web beacons
• third-party business partners (ex. shipping vendor)
• your friend (refer-a-friend promotion)
• affiliates of Wild & Whelm
• through third-party social networking websites
We may use your information, including but not limited to, the following ways:
• fulfilling orders, ensuring delivery or providing services (ex. electronic copy of your receipt)
– to improve our products and services
• customize your experience with us
• to send you information about our promotions or offers
• contact you about your account, programs, workshops etc.
• to protect the security or integrity of our Site and our business
We may disclose your information for our business purposes and as legally required or permitted, including but not limited to, the following ways:
• debt collection purposes
• marketing purposes
• with your express consent
• affiliates and service providers who process your payments, send email and communications
• contact you about your account, programs, workshops etc.
• affiliates and/or business partner(s) to run joint promotions
From time to time with your consent, we may disclose information with carefully selected companies outside of our business who may offer you products and services of interest.
Your personal information may be processed and stored in the United States (our service providers) and may be accessible to the United States government, courts or law enforcement or regulatory agencies through the laws of the United States.
Subject to any legal exceptions, we will not unreasonably require your consent to the collection, use or disclose your information for purposes other those of which the information is collected as a condition to providing you with a product or service.
Your account information is protected by the password you use to access your online account. Please keep this password confidential.
When you place orders on our Site, all your order information, including your payment method and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology, it is designed to prevent someone other than operators of our Site from capturing and viewing your personal information.
While we use industry standard means to protect our Site and your information, unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.
The measures we use are appropriate for the type of information we collect. We cannot guarantee that your use of our Site will be completely safe.
We are committed to protecting children’s online privacy. Our Site is a general audience Site and not geared toward children. In order to protect the privacy of children, Wild & Whelm does not knowingly collect personal information from children without prior parental consent. Please contact us via email at wildandwhelm.com if you believe we may have collected information from your child and we will work to delete it.
5. PRIVACY OFFICE
You can write to us at:
Wild & Whelm Inc.
Attention: Privacy Officer
31106 Westney Heights, Suite RPO
Ajax, Ontario L1T 3V2
Cookies also help us understand which areas of our Site are popular by showing us how you and others use our Site, in aggregate.
• to allow our Site to function correctly;
• evaluates the use and performance of our website;
• to help you navigate the website and use the Site features; and
• chooses Site content to provide a more personalized shopping experience for you, including but not limited to, ads based on your interests.
7. WEB BEACONS
This Site also uses web beacons for many of the same purposes as cookies. Web beacons collect non-personally identifiable information to let us know how our Site is being used. We use this information to improve the user experience on this Site.
8. INFORMATION YOUR SEND TO THIS SITE
Apart from the information relating to your purchases, registration, or our e-newsletters, we do not collect or wish to receive any information or other materials from you through this Site that may be considered personal, confidential, or proprietary. We will consider any such information and materials that you send us to be non-confidential, and you will be deemed to have granted to Wild & Whelm an irrevocable license and consent to use, copy, display, and distribute such information and materials for any purpose whatsoever.
9. OPTING OUT
If you initially decide to receive information from us but decide at a later date wish to remove your information from our database, you can do so by using the unsubscribe link at the bottom of our emails. You may also at any time opt out of receiving emails from us by sending an email to [email protected] with the subject line “opt out”.
Please note, even if you unsubscribe from our promotional email messages, we may still need to contact you with important transactional information related to your account and your purchases.
We use Google Analytics, a service provided by Google, Inc. (“Google”) to gather information about how users engage with our services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/.
You can opt out of Google’s collection and processing of data generated by your use of the services by going to https://tools.google.com/dlpage/gaoptout.
10. GENERAL LEGAL
Our Site operates AS-IS, and we do not represent or warrant that our Site will be available at all times, or that your use of the Site will be uninterrupted or error-free. We are not responsible for your ability to access the Site or for matters beyond our control. This Policy shall be construed and interpreted according to the laws and regulations of the Province of Ontario and the laws of Canada regardless of your domicile, your place of residency or your physical location when you are using this Site. This Site is only intended to be used in the jurisdiction where it is lawfully offered. In the event of a dispute, you agree that any action that arises out of or relates to the use of this Site will be commenced in Toronto, Ontario.
For European Economic Area Residents
If you reside in a country in the European Economic Area (EEA), then under the GDPR and applicable data protection laws you have the right, among other things, to access your personal data, have us erase it, and/or restrict its further processing. If you wish to access or delete your personal data (if any) maintained by us you can contact us at [email protected]. If you wish to see a list of the advertising partners we work with or change which of those partners track your behavior using cookies, click the ad preferences icon. (Available in the EU.)
Terms of Service
Please review the following terms and conditions that govern your use of this website (“Site”) carefully before using this Site. This Site is provided by Wild & Whelm Inc. as a service to you. We reserve the right to change these terms and conditions from time to time without notice to you. By accessing this Site, now or in the future, you are agreeing immediately to the terms and conditions as they appear, and agree that you are legally bound by them, whether or not you have read them. If at any time you do not agree with these terms and conditions, please do not use our Site.
DEFINED TERMS FOR THE PURPOSES OF THIS AGREEMENT
In this Agreement, unless the subject matter or context otherwise requires, the following terms shall have the following meanings:
“Agreement” means the terms and conditions that govern the use of this Site.
“Visitor” or “you” means client, customer, visitor, your organization or corporation and/or user of any of our services. “Company”, “we”, “us”, or “our”, “ Wild & Whelm” means Wild & Whelm Inc.
“Content” means material such as videos, coursework, lesson plans, workshops, training modules, photographs, software, text, graphics, images, sound recordings, and other material.
“Registered User” means any user who registers with us and wishes to purchase a product or service through our Site.
“Services” means the content or products we provide you through our Site.
1. GOVERNING LAW AND APPLICABLE LAWS
This Site is based in Canada any may only be used by residents of Canada. We make no claims concerning whether the content may be downloaded viewed, or be appropriate for use outside of Canada. If you access the Site or Content from outside of Canada, you do so at your own risk. Whether inside or outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
2. AGE OF MAJORITY
You represent that you are the age of majority in your jurisdiction. If you are not the age of majority in your jurisdiction, you must only use this Site under the supervision of your parent or legal guardian who agrees to these terms and conditions. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.
3. REGISTERED USER, PASSWORD AND ACCOUNTS
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name, a password and additional information that will assist in authenticating your identity when you login in the future. When creating your account, you must provide true, accurate, current and complete information. Each sign-in name and corresponding password can be used only by one Registered User, and sharing your access credentials with others is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your sign-in name and password, as well as for any use, misuse, or communications entered through the Site using one or more of them. You will promptly inform us if you need to deactivate your account and/or password.
You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. We are not under any obligation to verify the actual identity or authority of any user of a password and login name. We may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account. You agree to notify us immediately in the event that the confidentiality of your account or password is compromised. We have the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard.
We are under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, we may deactivate or suspend any account at any time for any reason with any notice or liability to you or any other person including, but not limited to, if it is determined that a Registered User has violated these terms and conditions.
The Site provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User content, including, but not limited to, any personal identifying information that you may make available. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through our Site. YOU WAIVE AND HOLD HARMLESS WILD & WHELM (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS), LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THEM DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER OR LAW ENFORCEMENT WILD AND WHELM AUTHORITIES.
However, we cannot review all material before it is posted on our Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.
4. EXTERNAL LINKS
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. If you have any concerns regarding such links or any contents on the External Sites, contact the site administrator for those External Sites. We are not held liable for any content of any linked External Sites and do not make any representations regarding the content or accuracy of the materials on such External Sites. You should take precautions when downloading files from any website to protect your computer from viruses and other destructive programs. By accessing the linked External Sites, you do so at your own risk.
5. COMMUNITY GUIDELINES
By accessing and/or using the Site, you agree to comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose. You also agree to comply with the following community guidelines:
1. You will not upload, post, email, transmit, or otherwise make available any content that:
a) infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
b) is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech, including but not limited to, speech that attacks or demeans a group based on race, ethnic origin, religion, disability, gender, age, sexual orientation, gender identity, etc.; and
c) discloses any personal or sensitive information about another person, including but not limited to, email address, mailing address, phone number and/or credit card information.
2. You will not stalk, threaten, or otherwise harass another person;
3. You will not spam or use the Site to engage in any commercial activities;
4. You will post content that is on topic;
5. You will not access or use the Site to collect any market research for a competing business;
6. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection, transmission mechanism, software, routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
8. You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features including but not limited to, report abuse button on the Site;
9. You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
10. You will not take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technical infrastructure; and
11. You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice, and to remove any content that does not adhere to these Community Guidelines.
However, we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.
6. FEES AND PAYMENTS
As consideration for any purchase you make on our Site, you shall pay us all applicable fees and taxes. Unless at the sole discretion of Wild & Whelm, any fees paid by you are non-refundable or creditable for any reason. We, or our third-party payment processor, shall authorize, including but not limited to, your credit card, bank account, or other approved payment facility (collectively “method of payment”) you provided during the registration process of the full payment of the fees and any applicable taxes, and you hereby consent to the same. All charges will be made in U.S. dollars regardless of your place of residence. In certain instances, the issuer of your credit card may charge you in a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and/or credit card issuer for details.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information, including but not limited to, billing address, card number, and expiration date to keep your account current, complete, and accurate. You must promptly contact us if your method of payment is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your account and/or password). You hereby authorized us to obtain updated or replacement expiration dates for your method of payment, in the event that your method of payment provided to us expires. We reserve the right to charge any renewal/replacement card issued to you to the same extent as the expired method of payment, if payment is not received from your method of payment issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including but not limited to, legal fees and costs, on any outstanding balance.
The sale of products and services on this Site may be subject to additional terms that will be made available to you when you order. Note that the price of some of the products available online will vary depending on your shipping location.
7. MEDIATION AND ARBITRATION
In the event of a dispute arising under or relating to this Agreement, Content or Sites (the “dispute”), the parties agree to resolve the dispute through mediation before pursuing any other proceedings. The mediator shall be appointed by agreement between the parties. The mediation will be held in Toronto, Ontario. The parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the parties. If the dispute has not be resolved within thirty (30) days of the notice of desire to mediate, any party may terminate the mediation and proceed to arbitration as set out below.
Subject to the mediation provision set out above, if any dispute between the parties is not resolved, the parties agree to resolve the dispute by Arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Ontario. The arbitration shall proceed in accordance with the provisions of the Ontario Arbitration Act. The decision arrived at by the arbitrator shall be final and binding and no appeal shall be permitted. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.
8. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law: (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures, and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a class member in any purported class proceeding.
9. ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeless, performance, completeness, or suitability of the information in our Programs, Workshops, Products, Program materials and Services. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
10. USE OF THIS SITE
This Site and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the Contents and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. Any other use, including but not limited to, the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site is strictly prohibited.
11. INTELLECTUAL PROPERTY
The Site contains material, such as videos, coursework, lesson plans, workshops, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of us. The Content may be owned by us or third parties. The Content may be protected under both Canadian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal and non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service or their own personal and non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Site), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Wild & Whelm.
Wild & Whelm retains all rights, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited, without explicit written permission.
12. TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. Section 6 of this Agreement shall survive any termination until you pay all fees and taxes due hereunder.
13. INFORMATIONAL PURPOSES ONLY
Information provided on this Site is provided for your general information only, and is not intended to substitute for, or provide, professional advice. If you require any such advice, you should retain the services of a competent and/or licensed professional. WILD & WHELM., ITS AFFILIATES AND THEIR RESPECTIVE AGENTS ASSUME NO RESPONSIBILITY FOR ANY INJURY, DAMAGE OR OTHER CONSEQUENCE CAUSED BY OR OTHERWISE RELATED (DIRECTLY OR INDIRECTLY) TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION AND RESOURCES AVAILABLE ON THIS SITE.
15. LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for our Site or its content. We do not make any warranties of any kind, including that the Site will operate error-free or that the Site, their servers, or the content are free of computer viruses or similar contamination or destructive features. We will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including unauthorized interception by third parties of any submissions), even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, we will not be liable for damages of any kind resulting from your use of or inability to use the service or from any products or transactions or transfers relating to products, or from any third party materials, including from any virus that may be transmitted in connection therewith, and including from any dispute with any other user of the service. Your sole and exclusive remedy for dissatisfaction with the service or any third-party materials is to stop using the service. The maximum aggregate liability of company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (i) the total amount, if any, paid by you to company to use the service, and (ii) Twenty-Five US Dollars ($25.00). All limitations of liability of any kind, including but not limited to, in this section and elsewhere in this agreement, are made for the benefit of both company and the affiliated entities, and their respective successors and assigns.
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. The limitations above may not apply to you and you may have additional rights. Provincial laws of Canada may apply to certain products and services provided.
17. FORCE MAJEURE
We shall not be liable for any loss, damage, or delay in fulfilling our obligations caused by or resulting from conditions or causes beyond our reasonable control including, but not limited to, power outages, riots, fire, floods, infectious diseases, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, an inability to obtain necessary supplies and materials or perform our obligations due to such causes.
Except for and additional terms incorporated into any purchase made through this Site, this Agreement represents the complete agreement between you and W Wild & Whelm in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that closely matches the intent of the original provision and other terms of this Agreement shall remain in full force and effect.
The exclusive jurisdiction for any claim, action or dispute with Wild & Whelm or related in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
Wild & Whelm is a part of affiliate programs such as Amazon Affiliates. When products and services are linked in any post, they may be affiliate links. If a purchase is made by you through the affiliate link(s) provided, Wild & Whelm will earn a small commission. The commission is paid by the retailers, at no cost to you.
Wild & Whelm is careful to link to products and retailers personally used highly recommend. Money earned from these commissions helps to keep Wild & Whelm running as a business & allows Wild & Whelm to continue to provide helpful information and services for your entertainment.