Terms & Conditions
Information About Us
thewhalestory.com is a website (the “Website”) operated by The Whale Story (“we” or “us”). The Whale Story is registered in the Republic of Singapore under the Unique Entity Number 53386911X.
Agreement Between You And The Whale Story
These Terms are an agreement between you and The Whale Story about your use of the information, software, products, and services contained in or available through the Website. Your access to and use of the Website is conditioned on your acceptance of and compliance with this Agreement. Your using the Website constitutes your agreement to all the terms, conditions, and notices contained in these Terms.
You affirm that you are either more than 21 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Services for Consumers
The Website provides a support system for users to embark on a journey towards less waste living by providing a consistent stream of video content biweekly, pooling brands that have claims and reasonable proof to suggest that they offer products that promote sustainable living and organizing quarterly challenges and/or movements that seek to reduce waste in our daily lives. The Whale Story provides to the best of its ability, true information and content that promotes the aforementioned services. However, The Whale Story shall not be liable for any unforeseen cases resulting from the use of services offered by The Whale Story.
Earthlink NTU and The Whale Story
For Nanyang Technological University (NTU) users who are participating in EcoPromise under the collaboration between Earthlink NTU and The Whale Story, users will be first sent a warning email if they submit irrelevant photos that do not fulfil the promise or repeated photos in an attempt to be “double-counted” for the same promise. Repeated offenders would get 200 Whale Spouts removed for each irrelevant photo.
Lucky Draw prizes offered by Earthlink NTU are only offered to students from NTU. The winners would be chosen by random draw. The submissions of all drawn prize winners must be in order with the requirements and guidelines, otherwise he/she would be disqualified and another winner would be drawn.
Modification to Terms
We may update and make improvements to the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period. You understand and agree that your use of the Website after the date on which the Terms has changed will be treated as acceptance of the updated Terms.
Third Party Links
The Website and some of the articles on the Website may contain links to other resources and businesses on the Internet. We provide these citations and aids to help you identify and locate other Internet resources that may be of interest. We are not responsible for any loss, injury, claim, liability, or damage (“Loss”) related to your use of any website linked to the Website (“Linked Website”) including if this Loss (i) arises from errors or omissions in the content of any Linked Website, or (ii) is as a result of any Linked Website being down or (iii) arises from any other use of any Linked Website. Your use of any Linked Website is at your own risk. In addition, the citations do not mean that we sponsor, are affiliated to or associated with, or legally authorised to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links.
No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You must not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
The content found on the Website (“The Whale Story Content”) is protected by copyright and all other applicable intellectual property rights. The Whale Story Content is for your personal use only and not for resale or third party use. Your use of the Website does not entitle you to resell or otherwise redistribute any The Whale Story Content from the Website. For the avoidance of doubt, your use of the Website constitutes your acceptance of these Terms and your promise that you will not resell, redistribute or otherwise attempt to commercially benefit from The Whale Story Content without the express written consent of The Whale Story. If you print, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Although The Whale Story will use its reasonable efforts to keep the Website available, The Whale Story and/or its officers and employees make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Services on the Website for any purpose. All such Services are provided “as is” without warranty or condition of any kind. To the maximum extent permitted by law, The Whale Story, its officers, employees, agents or sub-contractors (i) expressly exclude all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, and (ii) any and all liability to you, whether arising under these Terms or otherwise in connection with your use of the Website.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
To the extent that foregoing limitation of liability is prohibited, The Whale Story’s sole obligation to you for damages shall be limited to the amount you paid us to use the Services to which such claim relates in the 12 month period preceding the filing of such claim.
It is specifically stipulated and you agree that any third party who is not a direct contracting party in the provision of our Services shall not be entitled to make any claim whatsoever against The Whale Story, and that the Contracts (Rights of Third Parties) Act of Singapore is specifically excluded.
All the terms and conditions herein shall apply to your next-of-kin, successors-in-title, the administrators and executors of your estate and to this extent, you and your estate shall indemnify The Whale Story fully against any claims by your next-of-kin, successors-in-title or any third party, for loss or damage and all legal costs incurred in respect of defending such legal proceedings that may be brought against The Whale Story arising from your use of the Services.
Notwithstanding any of these Terms, The Whale Story reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent your access to and use of the Website. The Whale Story reserves the right to refuse service to anyone for any reason at any time.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Website. Our performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Unless otherwise specified, these Terms constitutes the entire agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
You must not assign or otherwise transfer these Terms, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms. Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in these Terms are reserved. We may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
Copyright and Trademark Notices
All contents of the Website are Copyright © 2020 The Whale Story. All rights reserved. Using the Website does not give you ownership of any intellectual property rights in the Website or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from the Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Website. Do not remove, obscure, or alter any legal notices displayed in or along with the Website.
Governing Law, Arbitration, and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of Singapore. The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement (a “Dispute”).
If you have a complaint, question, or dispute (collectively, “Dispute”) regarding the Website, you are encouraged to bring it to our attention. You may contact us at firstname.lastname@example.org, and we will try to address your concerns.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.