Terms of Use & Privacy Policy

Thank you for visiting www.tortuga-for-wholesale-trade.myshopify.com (the "Site") owned and operated by TORTUGA Living LLC. ("TORTUGA"). Your use of the Site indicates that you have read, understood and agree to these Terms of Use ("Terms"), which expressly incorporate by reference and include the Privacy Policy and Cookie Policy and any other guidelines, rules or disclaimers that may be posted or updated on specific web pages herein or on any notice sent to you. When entering the Site, you agree to the following Terms. If you do not agree to these Terms, please do not use this Site.

Intellectual Property

The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TORTUGA. Material from this Site may not, except as provided for by mandatory law, be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of TORTUGA. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of TORTUGA. Material on this Site is provided for lawful purposes only. The use or misuse of TORTUGA trademarks is strictly prohibited.

Copyright

This Site and its content are protected by copyright as a copyrighted work, a collective work and/or compilation, pursuant to United States copyright laws and other copyright laws. Except as set forth in these Terms or in mandatory law, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms or in mandatory law), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or the Site, in whole or in part. You may access the Site for your personal, noncommercial use only. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from TORTUGA.

UNDER NO CIRCUMSTANCES SHALL TORTUGA OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, TORTUGA DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TORTUGA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TORTUGA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TORTUGA'S LIABILITY WITH REGARD TO ANY MATTER FOR WHICH IT WOULD BE UNLAWFUL TO LIMIT OR EXCLUDE OUR LIABILITY.

Linked Internet Web Sites

This Site contains links to other internet sites and resources. TORTUGA is not responsible for the availability of external sites or resources linked to this Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of TORTUGA. Because TORTUGA is not responsible for the availability of these outside resources or their content, you should review the Terms of these linked sites, as their terms and conditions of use may differ from ours. You should direct any concerns regarding any external link to its site administrator.

Governing Law

The use of the Site and these Terms shall be governed by the laws of the state of Pennsylvania, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials on this Site are made available only to provide information about TORTUGA, which controls and operates this Site and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with the applicable local laws.

 

TORTUGA Privacy Policy

You may be aware that a European Union law, called the General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency to help users take advantage of those rights.

Information you give us

You may give us information about you on our Site in order to place a product order, correspond with us or participate in social media functions on our Site.  The information you give us may include, without limitation, your name, postal address, email address, mobile number and credit or debit card details (“Personal Information”). We might store information exchanged at or prior to an event via RSVP, a sign-up sheet or a business card, or provided through another form of digital or phone correspondence; we may also record attendance at an event we have hosted or participated in.

Information we collect about you

Each time you visit our Site we may automatically collect technical information, including IP addresses used to connect your computer to the Internet, information about your visit, products you viewed and searched for, page response times amongst other technical information to help us improve our service to you. 

We may receive information about you from third parties such as those providing technical, payment and delivery services to us.  If you are 16 years old or younger, please obtain parental (or guardian) permission prior to providing us with any personal information.

 

COOKIES POLICY

Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good user experience and allows us to improve our Site. By continuing to browse the Site, you are agreeing to our use of cookies. We use the following cookies:

Strictly necessary cookies

These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services. Analytical/performance cookies allow us to recognize and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies 

These are used to recognize you when you return to our Site. This enables us to personalize our content for you.

Targeting cookies

These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the content displayed on it more relevant to your interests.

 

THIRD PARTY WEBSITES AND SOCIAL NETWORKS

Credit card information

This is collected only by a third party payment processor to assist in processing your personally identifiable payment information securely. Such third party's use of your personal information is governed by their respective privacy policies. Payments are currently processed and managed using the third party vendor below.

Communications

We use a third party communications processor to assist us in managing and administering communications and emails sent to us through the Site. Any personal information disclosed through such communications will be governed by such third party's privacy policies. Communications are currently managed using the third party vendor below.

 Social media & other sites

Our Site may contain links to and from third party websites or social network providers such as Facebook, Pinterest and Instagram.  If you follow a link to any of these websites or share information from our Site on them, please note that these websites have their own privacy and cookies policies and that we cannot and do not accept any responsibility or liability for such use.

 

HOW WE USE YOUR PERSONAL INFORMATION

  • To provide you with information about products we offer that you have purchased or inquired about;
  • To administer and improve the Site including troubleshooting, data analysis amongst other things;
  • To send newsletter updates for products and content we think might be of interest to you;
  • For internal record-keeping;

Where we have justifiable reason and legitimate interest, we may use the information you have provided, information that is publicly available, and information gathered from your interaction with our newsletters in order to our divide our audience into sub-categories. These will help us better understand our audience and ensure that you are receiving the most relevant message possible. We may also use publicly available information from time to time to make sure that our databases are up to date.

 

WHEN WE MAY DISCLOSE YOUR PERSONAL INFORMATION TO THIRD PARTIES

We may share your Personal Information with selected third parties including:

  • Selected suppliers and other third parties for the performance of any contract we enter into with you, e.g. shipping companies and payment providers;
  • Credit reference agencies for the purpose of assessing your credit score where necessary;
  • In the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets;
  • If TORTUGA Living LLC or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers may be one of the transferred assets; or
  • If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or to protect the rights, property or safety of TORTUGA, our clients or others.  This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

HOW WE PROTECT AND STORE YOUR PERSONAL INFORMATION

We are fully committed to ensuring that any information you provide us with is protected, and have in place electronic and procedural safeguards specifically to secure it. There are some types of information that we are obligated to retain for business and tax purposes, including contact information and financial records related to past purchases. We will not keep any more information than we need, but as long as it is in our legitimate interest to do so, we may retain your data on our systems. The retention period will vary according to the purpose.

All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

 

YOUR RIGHTS

You have the right to ask us not to process your Personal Information for marketing purposes.  We will inform you (before collecting your Personal Information) if we intend to use your Personal Information for such purposes or if we intend to disclose your information to any third party for such purposes.  You can exercise your right at any time by contacting us at info@tortugaliving.com.

You can also write to us with any queries about what personal information we hold on you, in order to update your details, or to request that they be removed from our system. Every email we send you will contain information on how to unsubscribe from our communications. If you prefer, you can always write us at info@tortugaliving.com with the subject line ‘UNSUBSCRIBE’ and we will remove you from our systems manually.

  

CHANGES TO OUR PRIVACY AND COOKIES POLICY

Any changes we make make to this Policy in the future will be posted on this page.  This Policy was last modified April 21, 2021.

 

CONTACT

If you have any questions or complaints about our Site, our Terms or anything else please contact us at info@tortugaliving.com.