Pre-Sale Terms and Conditions
These Pre-Sale Terms and Conditions ("Terms") govern pre-sales ("Pre-Sale") with Engold, Inc. (D.B.A. WhaleCard) for our credit cards ("Products"). Please read these Terms carefully before reserving your Pre-Sale of any WhaleCard Products. By reserving your Pre-Sale, you agree to be legally bound by these Terms.
1. Pre-Sale Reservation
You must be 18 years of age or older. When reserving a Pre-Sale for WhaleCard Products, you will be required to provide certain information, such as your name, address, and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current.
WhaleCard shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.
2. Price
The purchase price ("Price") is a 20,000.00 USD deposit and does not include taxes and other government charges, which are your responsibility. WhaleCard can choose to refund your deposit if your membership is declined.
You acknowledge and agree that WhaleCard may decline or delay delivery of the membership and Products.
3. Payment
You will be charged the full Price of the Products at the time of reserving the Pre-Sale. Your reserving of a Pre-Sale constitutes your express agreement to WhaleCard of charging the full Price of the Products at such time.
4. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery is only an estimate and is subject to change. WhaleCard does not represent or warrant that it will be able to ship the Products by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the Products is not met, WhaleCard is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays.
5. Cancellation
WhaleCard reserves the right in its discretion to change, cancel, or suspend your Pre-Sale reservation at any time for any or no reason.
6. Benefits
All benefits, services, and events advertised in WhaleCard memberships and packages are subject to change at any time.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WHALECARD OR ANY AFFILIATE BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THESE TERMS, ANY PRE-SALE, AND/OR ANY PRODUCT OR THE PURCHASE OR RESERVATION THEREOF.
8. Customer Information
We will use any information that we may collect about you only in accordance with our privacy policy.
9. DISCLAIMER.
WHALECARD DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY WHALECARD WHETHER BEFORE OR AFTER YOU HAVE RESERVED THE PRE-SALE. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY ULTIMATELY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT.
10. Changes to the Terms
WhaleCard reserves the right to change any of the terms for any or no reason.
11. Miscellaneous Provisions
These Terms constitute the entire understanding between WhaleCard and you pertaining to their subject matter and supersede all prior agreements, representations and understandings. These Terms shall be governed by and shall be construed in accordance with the laws of the State of Delaware. The venue for any actions relating to the subject matter or enforcement hereof shall be in Wilmington, Delaware. You may not assign any of the rights granted to you under these Terms.