Terms of Service

Terms and Conditions (“Terms”)

Terms are entered into by Cool Effect Inc. (“we”, “us” or “our”) and you. Reference to “you” or “your” in these Terms means the entity or individual that has consented to these Terms of Service by any binding method of acceptance of these Terms. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Website.

Digital Properties Definition

The Cool Effect Digital Properties refer to the Cool Effect website and any associated online or downloadable Cool Effect sites or applications.

Termination

Cool Effect reserves the right, for any reason whatsoever and without prior notice or liability, to terminate or suspend access to our digital properties immediately.

All provisions of the Terms which by their nature should survive termination shall survive any termination of your access rights to the Cool Effect digital properties.

Limited Liability

Your sole and exclusive remedy for dissatisfaction with the Cool Effect digital properties is to stop using the Cool Effect digital properties.

Trademarks

All Cool Effect trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Cool Effect and neither they nor any confusingly similar versions may be used by you.

Minimum Age

By agreeing to these Terms, you represent that you are at least 13 years of age.

Privacy Policy

Cool Effect will protect your personal information in accordance with our Privacy Policy. We have updated this policy to take into account the new requirements of the General Data Protection Regulation (“GDPR”) which means if you are a resident of the EU and your donor records reflect that address, you may be entitled to certain additional protections in accordance with GDPR.

Refunds

Cool Effect does not offer refunds.

Subscriptions

When a Customer purchases a subscription, every month Cool Effect will bill the Customer in the amount stated at the time of purchase, using the payment method specified by the Customer. Subscriptions begin as soon as the Customer has successfully completed the sign-up process, including payment confirmation. Subscriptions renew automatically, on a monthly basis, unless the Customer cancels the subscription. The Company may change its pricing, but Customer subscription billings will not be changed without the Customer’s permission. Customers may cancel subscriptions at any time by contacting Customer Support.

Portfolios of Projects

Where the Customer has subscribed to a portfolio of projects, Cool Effect reserves the right to change the projects in any portfolio at any time. If one project in a portfolio is sold out or becomes unavailable, Cool Effect reserves the right to eliminate or replace that project and donations for that portfolio will be distributed to the remaining projects. In the event an entire portfolio is eliminated, any remaining donations to that portfolio will be distributed to a different portfolio of projects of Cool Effect’s choosing.

Variance Power

All contributions to Cool Effect projects become irrevocable gifts to Cool Effect and legal control and responsibility for the funds rest with Cool Effect. All donations received by Cool Effect are subject to its “Variance Power.” Variance Power gives Cool Effect the authority to modify the distribution of funds for a specified project if the project becomes incapable of fulfillment or inconsistent with its original intent. In this case, Cool Effect will direct the funds toward a project as similar in nature as possible to that initially chosen by the donor.

Governing Law

These Terms of Service will be interpreted, construed and enforced in accordance with the laws of the state of California, U.S.A.

Changes

We reserve the right to make changes to these Terms. We will inform you of any material changes to these Terms of Use in our discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us at info@cooleffect.org.