TERMS-OF-SERVICE

Welcome to Pooka Box! The Pooka Box website and services are provided by Pooka Box LLC. (“Pooka Box”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the Pooka Box web site (the “Website”) and all services provided by Pooka Box via the Website including without limitation our quarterly subscription product, gift service and donation service (collectively, the “Services”).

Pooka Box provides a subscription service for quarterly delivery of infant and toddler related products for children, parents and caregivers. Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the Pooka Box Privacy Policy available on the Website.

Acceptance of Terms

By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at pookabox.com/terms-of-service.

Scope of Service

Pooka Box maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

·       The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

·       The Content may not be modified.

·       Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

Registration and Membership; Product Sales

In order to start your ongoing Pooka Box quarterly subscription, you must register as a member on our Website. To register, you can simply provide information about your child including his or her birthday (for optimal product and curriculum selection), your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to Pooka Box, including your credit card information, is subject to Pooka Box's Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.

As a registered user of Pooka Box, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our quarterly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing info@pookabox.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

Quarterly Delivery

As a subscribed Pooka Box member, each quarter we will ship you a package with a different selection of books, toys and activities for your child that may consist of a selection from manufacturers of books and toys for children, and other third party items that by themselves are not designed for children but taken with other items in the box and using the provided curriculum form an activity kit and printed educational curriculum created by Pooka Box (“Products”). Each quarter of your subscription, the selection of Products may change. Accordingly, Pooka Box cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

BY SUBSCRIBING TO A QUARTERLY SUBSCRIPTION EITHER FOR SELF OR GIFT RECIPIENTS YOU AGREE TO PAY THE QUARTERLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH QUARTER.

Billing and Payments

The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check our Shipping, Return and Exchange Policy for an updated list). You will automatically be charged each quarter for your ongoing subscription using the credit card you provided when creating your PookaBox.com account.

 

Shipment and billing timing

Pooka Box will make a best effort to process and ship your initial quarterly box of Products within 5 business days of account creation and payment. If we do not ship the box within 10 business days you are entitled to a full refund of your first payment. To receive this refund you must request the cancellation in writing by sending an email with your name and billing information to orders@pookabox.com. In addition to a refund, your membership will be cancelled and any Products that have not yet been shipped will not be shipped.

After your initial box, all customers will be converted to a Standard Fulfillment Date. A Standard Fulfillment Date is defined as a date recurring quarterly that is aligned with either the 1st or 15th of the month. If your membership was created and payment received between and including the 24th of the month and the 7th of the following month then your standard fulfillment date will be the 1st of the month which occurs anywhere from 2 months and 20 days and 3 months and 7 days later and repeat every 3 months after that on the 1st until the membership ends.  Similarly, if your membership was created and payment received between and including the 8th of the month and the 23rd of the month then your standard fulfillment date will be the 15th of the month which occurs anywhere from 2 months and 20 days and 3 months and 7 days later and repeat every 3 months after that on the 15th until the membership ends.

Pooka Box will automatically charge your credit card on your Standard Fulfillment Date or within 3 business days before or after and will ship your products on your Standard Fulfillment Date or within 3 business days before or after.

Pooka Box’s Right to Cancel

 

Pooka Box may cancel your subscription at any time for any reason including if you violate our terms of service. Pooka Box may also cancel if we cannot provide Products including because we no longer have access to the appropriate inputs or because your child has aged beyond the range in which our Products are designed (Currently 5 years old). If Pooka Box cancels your subscription you will be notified by email of the cancellation to the email address used to create your Pooka Box account and you will no longer receive any Products from Pooka Box. We will stop processing automatic payments against your credit card. If, for any reason, an automatic payment is processed but Pooka Box cannot provide the Products associated with that payment, Pooka Box will provide a refund within 30 days of that payment. This is the sole remedy available to you in that event.

Customer’s Right to Cancel

We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Website. You must update your account on the Website at least 14 days prior to the Standard Fulfillment Date of your membership in order to ensure that the cancellation will be accepted.

YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL OR UNTIL POOKA BOX CANCELS.

IF YOU DO NOT CANCEL YOUR MEMBERSHIP MORE THAN 14 DAYS PRIOR TO YOUR STANDARD FULFILLMENT DATE YOUR MEMBERSHIP WILL NOT CANCEL UNTIL AFTER THE UPCOMING STANDARD FULFILLMENT DATE

All cancellation requests received less than 14 days before a Standard Fulfillment Date will apply to the following Subscription Period.

For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your quarterly purchase of Products.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Pooka Box the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Pooka Box will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is attached as a link at https://stripe.com/payment-terms/legal. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Shipping and Risk of Loss

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Pooka Box within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

Pooka Box’s commitment to fulfillment dates are only commitments to initiate a shipment. Due to the inherent uncertainty of long-distance shipping, arrival of your package may be earlier or later based on the performance of the shipping vendor which may include UPS, Fedex, US Postal Service and others and may change from time-to-time and from customer-to-customer. Pooka Box ships using ground shipping or faster and does not necessarily require a signature of receipt.

Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

Returns and Exchanges

If a Product is defective, you may return it within thirty (30) days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at info@pookabox.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to our shipping, return and exchange policies stated on our FAQ page (“Shipping, Return and Exchange Policy”), if any. Please note credits resulting from the quarterly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of Pooka Box.com.

Shipping, return and exchange of any products delivered by us in connection with your membership are subject to the Pooka Box Shipping, Return and Exchange Policy.

Local Taxes

You may be charged local sales tax or VAT, if applicable.

International Access

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

Membership Cancellations

We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Website. You must update your account on the Website by the first day of the quarter following the end of your then-current subscription period.

YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.

YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE QUARTER FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.

All cancellation requests received after the first day of the calendar quarter following a Subscription Period will apply to the following Subscription Period.

Limitation of Liability

IN NO EVENT SHALL POOKA BOX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE POOKA BOX'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO POOKA BOX IN THE THEN-PRIOR CALENDAR QUARTER.

Indemnification

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Pooka Box from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.

Minors

Pooka Box Products are intended for children however using our Website for anything other than informational purposes including creating, cancelling and updating a membership are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use these services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is the property of Pooka Box and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

We do not claim ownership of Content submitted by users without compensation by Pooka Box and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. You may submit this notification by electronic mail to info@pookabox.com or by US mail to 3538 PECOS ST DENVER CO 80211

Security

When you register to participate in Pooka Box services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

Disclaimer of Warranty

Pooka Box takes the safety of our products and accuracy of our information very seriously and does everything we reasonably can to ensure our products are safe for the vast majority of potential uses by adults and children.

Your Pooka Box includes items that we believe to be safe for young children, but adult supervision is required at all times. The manufacturer of some items in your Pooka Box may intend or recommend the items only for children older than your child, so please use caution with all items in your Pooka Box and make sure each item is appropriate and safe for your unique child. Warning: some items in your Pooka Box may include small parts, balloons, small balls or marbles and may be a choking or suffocation hazard. Discard any broken or defective items immediately. Pooka Box LLC disclaims all express or implied warranties, including, without limitation, any warranty of merchantability or fitness for a particular use or purpose.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE BY YOUR CHILDREN OR GIFT RECIPIENTS. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING SAFETY OR APPROPRIATENESS OF OUR PRODUCTS FOR YOUR CHILD BECAUSE EACH CHILD IS DIFFERENT IN THEIR PHYSICAL AND INTELLECTUAL CAPABILITIES AND PERSONALITY. FURTHERMORE OUR PRODUCTS SHOULD ALWAYS BE ENJOYED BY CHILDREN UNDER THE DIRECT SUPERVISION OF A RESPONSIBLE PARENT OR CARETAKER OVER THE AGE OF 18.

Developmental curriculum that we provide as part of our product is provided as a guide appropriate for a majority of children and caretakers, however, WE MAKE NO ASSURANCES THAT IT WILL BE APPROPRIATE OR ACCURATE FOR YOUR CHILDREN OR GIFT RECIPIENT BECAUSE EVERY CHILD IS DIFFERENT IN THEIR PHYSICAL AND INTELLECTUAL CAPABILITIES AND PERSONALITY. As a parent or caretaker you must use your independent judgment about how, when and if to provide each product to a child regardless of the suggestions provided in our curriculum.

Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER QUARTERLY SHIPMENT, IN POOKA BOX'S DISCRETION.

YOU MAY RETURN DEFECTIVE PRODUCTS ONLY WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, POOKA BOX DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links to Third-Party Websites

This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Pooka Box, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Pooka Box of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Pooka Box does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Jurisdictional Issues

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user's quarterly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

Enforcement

These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Denver, CO, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Colorado. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Colorado or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.

Severability

To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Pooka Box. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Pooka Box.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

For Additional Information

If you have any questions about these Terms and Conditions, please contact info@pookabox.com.

Copyright © 2017, Pooka Box, LLC. All Rights Reserved.