- 1.1 Campaign: The intention of The Ocean Cleanup to raise funds for the Goal (as defined below) through the distribution of consumer products produced (in part) from the plastic recycled from the Great Pacific Garbage Patch or from other locations through the website of The Ocean Cleanup.
- 1.2 Donation: A monetary amount of fifty US dollars (USD 50), gifted by a Donor to The Ocean Cleanup for the purposes of the Campaign, by means of electronic authorisation through the designated section of the website of The Ocean Cleanup.
- 1.3 Donor: A natural or legal person who donates, has donated or will donate a Donation in connection with the Campaign.
- 1.4 Early Access: Access to a designated digital distribution channel for the designated consumer product during a period prior to the date on which the general public will gain access to the respective distribution channel, as determined by Projects B.V. in accordance with clause 5 of these General Terms and Conditions.
- 1.5 Goal: The Ocean Cleanup is committed to developing technologies for the removal of plastic pollution from the seas, oceans and other waterways.
- 1.6 Projects B.V.: The Ocean Cleanup Project B.V., a limited liability company (besloten vennootschap met beperkte aansprakelijkheid) established under the laws of the Netherlands with its seat in Delft and office at Batavierenstraat 15, 4-7th floor, 2014 JH Rotterdam, The Netherlands. Projects B.V. aims to produce and distribute consumer products made (in part) out of recycled plastic derived from the Great Pacific Garbage Patch or from other locations in connection with fundraising efforts for the Campaign.
- 1.7 The Ocean Cleanup: The Ocean Cleanup North Pacific Foundation, a non-profit non-stock Delaware corporation and a public charity under section 170(c)(2)(b) and section 501(c)(3) of the U.S. Internal Revenue Code, and is registered to do business in California.
- 1.8 Voucher: A voucher, issued by Projects B.V. to a Donor in accordance with section 4 of these General Terms and Conditions, for a credit of fifty US dollars (USD 50) that can be applied to the minimum donation amount designated by Projects B.V. to be eligible for a consumer product designated and distributed by Project B.V. through a distribution channel designated by Projects B.V..
- 2.1 These General Terms and Conditions apply to every Donation.
- 2.2 By making a Donation, the Donor agrees with these General Terms and Conditions.
- 2.3 The Ocean Cleanup uses the personal data of each Donor to process its Donation. The Privacy and Cookie Notice of The Ocean Cleanup applies to the processing of this personal data by The Ocean Cleanup.
- 3.1 By making a Donation, a Donor agrees that The Ocean Cleanup and any and all (future) subsidiaries and/or affiliates of The Ocean Cleanup are entitled to use a Donation at their own discretion, within the scope of the Goal and the articles of association of The Ocean Cleanup.
- 3.2 A Donation is irrevocable.
- 3.3 The Ocean Cleanup will provide any Donor with a donation certificate upon request by the Donor. For US Donors, The Ocean Cleanup will provide, will a contemporaneous written acknowledgement or a written disclosure statement to the Donor in accordance with the U.S. tax laws.
- 4.1 Projects B.V. may at its full discretion provide or procure to provide to a Donor one (1) Voucher per Donation. If Projects B.V. provides a Voucher to a Donor, this Donor will receive the Voucher via the email address registered at the time of the Donation.
- 4.2 Projects B.V. has full discretion to designate the consumer product or the consumer products associated with a Voucher. In addition, Projects B.V. has full discretion to designate the distribution channels through which a Voucher may be applied. Projects B.V. may at its full discretion decide to cancel a Voucher or not to issue Vouchers, and in each case the Donor will not be entitled to any cash-back, refund, repayment or other form of compensation from Projects B.V.
- 4.3 A Voucher can only be applied against the minimum donation amount designated by Projects B.V. to be eligible for one (1) consumer product designated by Projects B.V. and no more than one (1) Voucher can be applied to the minimum donation associated with eligibility of one (1) designated consumer product. Upon first use, a Voucher will lapse.
- 4.4 Vouchers are non-refundable. If the value of a Voucher exceeds the minimum donation amount required for the Donor to be eligible for a designated product, the remaining value of the Voucher shall lapse and Donors are not entitled to any cash-back, refund, repayment or other form of compensation for the remaining value of the Voucher.
- 4.5 A Voucher does not constitute a guarantee, option or reservation of a Donor for any specific consumer product.
- 4.6 The Ocean Cleanup, Projects B.V. and their affiliates and subsidiaries shall not be liable towards a Donor for the issue, use, functioning, loss, theft, lapse or cancellation of a Voucher.
5. EARLY ACCESS
- 5.1 Projects B.V. may at its full discretion provide or procure to provide a selection or sub-group of Donors determined or designated at the complete discretion of Projects B.V. with Early Access to the digital distribution channels designated by Projects B.V. to obtain a designated consumer product.
- 5.2 Donors that are eligible for Early Access will be notified via the email address registered at the time of the Donation.
- 5.3 Projects B.V. has full discretion to designate the distribution channels and consumer products to which Early Access applies.
- 5.4 Projects B.V. has full discretion to designate the duration of any Early Access granted in accordance with these General Terms and Conditions.
- 5.5 Early Access does not constitute a guarantee, option or reservation of a Donor for any specific consumer product.
6. FINAL PROVISIONS
- 6.1 Any communication, regarding the Campaign, including official and unofficial communication by The Ocean Cleanup, Projects B.V. or any of their subsidiaries and affiliates, must be interpreted in accordance with these General Terms and Conditions.
- 6.2 Any appropriate state or federal district court located in the City and County of San Francisco, California shall have exclusive jurisdiction to judge all disputes or controversies which arise between TOCNPF and a Donor concerning a Donation or these General Terms and Conditions.
- 6.3 California law applies to a Donation and these General Terms and Conditions.