Last Updated November 9, 2020
This platform is operated by Oceanworks, Inc., a Delaware corporation, (hereinafter referred to as “Oceanworks” or “O/W”) located at 11828 La Grange Avenue, Los Angeles CA 90025. Oceanworks offers this platform and website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS OF USE
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
Unless otherwise agreed to in writing, we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Oceanworks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Oceanworks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States, in particular the State of California.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
O/W Online Sales Platform Terms
Oceanworks hosts a global digital platform for recycled ocean plastic materials and products (the “Platform”). Oceanworks offers a range of qualified recycled plastics, resins and fibers. Its proprietary digital platform allows it to also track these various materials through the supply chain, and to further provide its customers with impact stories and metrics.
Upon subscribing to the Platform, you shall receive access to a suite of services including, but not limited to volume pricing, track-and-trace documentation, technical support, and marketing assets (collectively “Oceanworks Services”). You understand and acknowledge that Oceanworks may, at its sole and absolute discretion, charge an annual subscription fee for access to its Platform. The fee may range in price depending you and/or your organization’s particular relationship with Oceanworks, as determined by O/W at its sole and absolute discretion (the “O/W Subscription Fee”). The O/W Subscription Fee shall be billed to you and/or your organization on an annual basis.
You hereby agree that unless otherwise agreed to in writing, you and/or your organization shall utilize the Oceanworks Guaranteed® mark, when appropriate, to identify products manufactured using recycled ocean plastic sourced through the Oceanworks supplier network (“O/W Products”) and/or its Platform. You further agree that any purchase orders for O/W Products must be placed through Oceanworks and/or its Platform. Also, unless otherwise agreed to in writing, all O/W Products must show Oceanworks Guaranteed® either on the item or on a unique identifier such as a hangtag or QR code and in accordance with Oceanworks’ brand guidelines available upon request.
By joining the Platform all customers must agree as follows: 1) to pay any O/W Subscription Fee when due; 2) properly mark O/W Products; 3) abide by Oceanworks’ Code of Conduct which can be found below in Schedule 1; 4) Acknowledge and agree that the agreed upon O/W Subscription Fee shall renew automatically, unless otherwise agreed to in writing, and (5) A Customer’s participation with the Platform may be publicly disclosed by either Oceanworks or its Customers.
Representations, Warranties, Disclaimers & Limitation of Liability
Quality Control: Oceanworks agrees to use its best efforts in the evaluation, selection and identification of supply chain plastic providers or processors to ensure quality and consistent product standards and their adherence to Oceanworks’ Code of Conduct and its Marketplace Guidelines. Customer agrees that Oceanworks is not the guarantor of recycled ocean plastic fitness for use in O/W Products. In this regard, customers, their agents or representatives, agree to undertake all responsibility for testing, inspection, and component and quality analysis of all materials obtained, purchased, utilized or processed prior to final use or utilization by or through Oceanworks. Upon reasonable request, you shall agree to disclose testing and analysis results of materials obtained from Oceanworks and/or its Platform. Further, you agree to notify Oceanworks within 10 business days of any testing results which cause you to reject for use any such ocean plastic materials or components. All disclosures of testing results shall be confidential, except Oceanworks shall be permitted, but not required, to disclose such results to the material supplier.
Indemnity: Customer shall indemnify, protect, defend and hold Oceanworks, its respective employees, directors, offices, representatives, parents, subsidiaries, and affiliates harmless against any and all claims, actions, losses, damages, liabilities, costs and expenses arising or resulting, directly or indirectly, from any action or omission of Customer, its employees, agents, representatives or independent contractors; any bodily injury, adverse health consequences, death of any person or damage to real or tangible personal property caused or alleged to be caused, by any ocean plastic materials or O/W Product or any personnel engaged in Customer’s related distribution activities. This indemnification and hold harmless shall continue notwithstanding termination of Customer’s Platform subscription.
Intellectual Property: Neither party grants to the other any license to any intellectual property rights including, but not limited to, “Oceanworks®” and “O/W®.”
Non-Solicitation: Each party agrees that during Customer’s association with the Platform and for a period of 6 months immediately following the cancellation of Customer’s subscription to the Platform, neither Oceanworks nor Customer shall directly or indirectly attempt to solicit employees or contractors of the other, either for itself or for any other entity. Customer further agrees that during the term and for 6 months immediately following the termination of its subscription it shall not directly or indirectly purchase from any Oceanworks supplier, either for itself or for any other entity.
Entire Agreement: These Terms & Conditions constitute the sole and entire agreement of the Parties regarding the subject matter contained herein, and supersedes any and all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. These Terms & Conditions may be amended, modified, or supplemented by Oceanworks at any time, in such event, Customer shall be notified of any such change.
Amendments: Oceanworks may at its sole and absolute discretion, may make changes to these Terms & Conditions, as well as any Schedule referred to herein, at any time. In the event of any such change or amendment, Oceanworks shall notify its customers.
Assignment: Customer many not assign or delegate any of its rights or obligations under these Terms & Conditions, or its subscription of the Platform unless otherwise approved in writing by Oceanworks.
Resale: Customer agrees to solely utilize ocean plastic materials sourced from the Platform, or its supplier network for its own use and not to engage in resale, directly or indirectly.
Termination: Either party may terminate Customer’s subscription to the Platform with 14 days written notice to the other party. If any Customer’s subscription is terminated by Oceanworks, such Customer shall have the right to complete all O/W Products in process. However, any O/W Subscription Fee paid to Oceanworks shall not be refundable.
Confidentiality: The Parties agree to treat information disclosed herein as confidential and proprietary. The Parties agree not to disclose information about the other Party’s business operations, technologies, products, services, and/or terms that are marked “Proprietary” or “Confidential.”
Governing Law: These Terms & Conditions shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of Los Angeles and County of Los Angeles, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice, or other document by mail to such Party's address set out herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
O/W CODE OF CONDUCT
At Oceanworks we view respect for the environment, individuals, and communities impacted by OW operations as a key business driver. We aim to build a marketplace where every product marked Oceanworks Guaranteed has been sourced in alignment with the principles of authenticity, transparency, ethical treatment and regulatory compliance.
Our Code of Conduct (COC) sets a standard for members of the community and guides operational activities within the network. Every company that joins must agree to the COC to indicate their commitment to and compliance with these principles. If COC terms are found to have been violated the infringing companies may no longer be permitted to operate within the Oceanworks Marketplace.
- Material Quality and Authenticity - We are honest about the composition and sources of our material. Source materials are free from heavy metal, biological, and chemical contamination. Our collection areas and production facilities are not contaminated by biological or chemical hazards. We protect biodiversity, respect traditional water and land use, and mitigate emissions in our business activities.
- Supply Chain Transparency - Transparency is important to us. We keep accurate records to support chain-of-custody tracking and impact metrics. Our documentation accurately reflects our transactions. We keep thorough records of the content and sources of materials entering and exiting our facility. Information is tracked on material, energy, and water utilization in our processes. Current operating procedures for business operations, environmental stewardship, and social compliance are maintained.
- Ethical Treatment of People and Planet - We see that the treatment of the people and places impacted by our supply chain drives the quality of the end product. We support and respect human rights. We have zero tolerance for forced labor including slavery, human trafficking, involuntary, prison labor, or individuals compelled to work through physical threat. Our working environments are kept clean and safe. We respect the environment and meet chemical restrictions, safety labeling, and proper storage and handling to minimize and mitigate the release of chemicals into the environment. We continually innovate to improve the environment and strengthen the circular economy.
- Regulatory and Business Compliance - We obey the law. Obeying the law is essential to accomplishing our mission and creating an ethical marketplace for recycled ocean plastics. It is our responsibility as a global organization to comply with all applicable laws locally and internationally. We perform our business with integrity. While we compete aggressively, we do so fairly and ethically. Corruption is not tolerated nor do we offer or accept bribes or extortion of any form. We comply with all laws and regulations that support fair competition and integrity in the marketplace.