Terms & Conditions
Acceptance of Terms of Use
These Terms of Use govern your use of the BabyPlays service and Web site. By using, visiting, or browsing the BabyPlays Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the BabyPlays service or Web site. These Terms of Use are an ongoing contract between you and BabyPlays and apply to your use of the BabyPlays service and Web site. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
Baby Plays, LLC., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the BabyPlays Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the BabyPlays Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the BabyPlays Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
BabyPlays is an online subscription toy rental service providing its members with access to a comprehensive selection of stimulating and unique toys for babies and toddlers from newborn to 4 years old. Our toys are focused on promoting fine motor, sensory, cognitive and emotional development. We offer a variety of subscription plans at varying price levels. To see these plans visit the BabyPlays website. Once you choose a plan, add toys to your wishlist. Your toys will be shipped to you in a few days. If all of the toys that you have selected for your wish list are not available, WE MAY substitute a similar toy. If a substitute is provided one month, but the wishlist toy is available the next month, then you will receive the toy you chose from your wishlist. Subscribers will receive toys delivered by UPS Ground and should be dropped off at a UPS Store location when the member wishes to return them. If you would like home pick up, you may call FEDEX at 1-800-GO-FEDEX (742-5877) and YOU WILL BE CHARGED A fee from FEDEX at pick up. Currently (Oct 2007) the fee is around $10, but you should ask when you call as the fee for your area may be different.
Delivery Speed
Toys are delivered to your door using FEDEX ground every month. For no additional charge return toys can be dropped off at any FEDEX Store location.
Allocation, Delivery and Return of Rented Toys
We reserve the right to process orders and otherwise allocate and ship Toys and other BabyPlays products among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of Toys we purchase of any brand or type, their location within our distribution network and the level of staffing and number of shipments to be processed at each distribution center. As a result of the operational practices described in this section, we may not always send you the top toy choices you have selected to receive.
Sanitization
BabyPlays takes the health and safety of your children very seriously. BabyPlays Toys are sanitized using a 100% All Natural, Organic cleaning product that is approved by the EPA as a disinfectant. For more information on what product we are using for sanitization please e-mail: cleantoys@babyplays.com
Membership and Billing - Automatic Renewals
BabyPlays requires a month commitment from each subscriber upon registration. The plan you choose will specify what your commitment level is. After the initial committment period ends your BabyPlays subscription will be automatically renewed every month from your start date. We will bill the subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
Refund/Cancellation
You may cancel your subscription to BabyPlays at anytime after you have met your commitment. If you cancel your membership before fulfilling your 3 or 12 month commitment you will be charged a cancellation fee. The cancellation fee for breaking your 3 month commitment is $25.00, and for breaking your 12 month commitment it is $50. All toys that you did not purchase must be returned to avoid being charged the full value of the toy. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTHLY SUBSCRIPTION PERIOD OR FOR TOYS NOT PLAYED WITH. To cancel your membership contact BabyPlays by telephone or e-mail. Contact Information can be found on the BabyPlays website by clicking the 'contact us' link. Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed for the retail cost of such items. We will send you a reminder email concerning unreturned toys prior to charging your Payment Method. We reserve the right to terminate your account for any or no reason.
Billing
By using the BabyPlays service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the BabyPlays service. Additional charges may include charges for broken toys, purchase of previously used toys or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and each monthly renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If there is a change in your credit card validity or expiration date, you may edit your Payment Method information by signing on to your BabyPlays account. Contact information is on the BabyPlays website under the 'contact us' link. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Broken Toys
In the event that a toy is broken upon delivery, contact BabyPlays within 72 hours of receiving the delivery, report the broken toy and it will be replaced for you at no cost. If you do not contact the office within 2 days of delivery BabyPlays will assume the toy was damaged by the subscriber and the subscriber will be charged accordingly. In the event that a toy rented from BabyPlays is broken by the subscriber, the subscriber will be required to purchase this toy from BabyPlays at retail cost. Coupons MAY be used to purchase lost and broken toys.
Lost Return Labels or Boxes
In the event that your return box is lost or damaged you can return your BabyPlays toys in any box. BabyPlays is not responsible to mail customers a new return box. If your return label has been lost or damaged, BabyPlays will provide a new return label via mail. Customers will be required to contact BabyPlays support to receive a replacement return label.
Disclaimers of Warranties and Limitations on Liability
THE BabyPlays SERVICE, INCLUDING ALL FEATURES ASSOCIATED THEREWITH, THE WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE BabyPlays SERVICE, THE WEB SITE AND ITS CONTENTS. We assume no liability or responsibility for any errors or omissions in the content of the BabyPlays Web site, any failures, delays, or interruptions in the shipment of toys, delivery of any content contained on the BabyPlays Web site, any losses or damages arising from the use of the content provided on the BabyPlays Web site, or the BabyPlays service. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon BabyPlays or its affiliated parties. In no event shall BabyPlays, LLC., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the BabyPlays Web site, its contents or our service, including any features associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our Website, its contents or our service, including any features associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Standard Hold Harmless Agreement
FOR GOOD AND VALUABLE CONSIDERATION, the customers of BabyPlays jointly and severally agree to indemnify and hold harmless BabyPlays and all employees therein from any claim, action, liability, loss, damage or suit, arising from the following: Any injury incurred by broken or whole toys received from BabyPlays and any corruption on any electronics used to access the BabyPlays website.
Use of Information Submitted
BabyPlays, LLC., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to BabyPlays ("Content"), including, without limitation, responses to questionnaires or through postings to the BabyPlays Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BabyPlays Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note BabyPlays does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to BabyPlays. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against BabyPlays and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. In light of operational constraints, BabyPlays is unable to return any personal Toys, CDs, DVDs or other items submitted to BabyPlays. We apologize for any inconvenience and encourage you to be careful in returning items to us. By becoming a BabyPlays member, member grants BabyPlays sole ownership of any correspondence between the parties for BabyPlays’ use at its sole discretion.
Your Conduct on the BabyPlays Web Site
By accessing the BabyPlays Web site, you agree to use the BabyPlays service, including all features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the BabyPlays Web site. You also agree not to interfere with the servers or networks connected to the BabyPlays Web site or to violate any of the procedures, policies or regulations of networks connected to the BabyPlays Web site. You also agree not to impersonate any other person while using the BabyPlays Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the BabyPlays Web site for any unlawful purpose.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Limitations on Use You must be 18 years of age or older to subscribe to the BabyPlays service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While BabyPlays does distribute products that will be used by children, we do not intentionally seek to collect information from individuals 18 years of age and younger. Unless otherwise specified, the content on the BabyPlays Web site is for your personal and non-commercial use. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the BabyPlays Web site without our express written consent. BabyPlays does not promote, foster or condone the copying of DVDs, digitally delivered content, or any other infringing activity. Sale of Previously Used Toys We offer select toys for sale through our Web site. The toys available for sale will change from time to time and are subject to continued availability.
Buying Toys
BabyPlays sells certain (New & Used) toys that are part of the rental program. Members receive 20% discounts on toy purchases, no limit. To make a purchase, just click "Buy" next to your chosen toy and confirm your purchase as instructed. Your toy purchase will be charged to your existing Payment Method and will be shipped to the current address in "Your Account", unless otherwise specified. Applicable taxes and shipping charges will be added to the purchase price, but there are no other additional charges.
Large Toy/Equipment Rental
BabyPlays offers a variety of large toys/equipment that can be rented at a price separate from your BabyPlays membership price. Prices vary by product and are subject to change with or without prior notice to you at our sole and absolute discretion. To rent a large toy/equipment, select the 'Large Toy Rental' link on the BabyPlays website and follow the prompts.
Privacy - Collection and Use of Information
We keep track of your interactions with us, including but not limited to your site activity, toy selections, payment history and correspondence. We use this information for such purposes as personalizing the site to better reflect particular interests, helping us quickly and efficiently respond to inquiries and requests and otherwise enhancing our service offering for our customers. We may also disclose and otherwise use, on an anonymous basis, toy ratings, consumption habits, commentary, reviews and other non-personal information about customers. When you register or re-register at our Web site, we ask you to supply us with personal information so that we can provide, enhance and personalize our services and marketing efforts. For similar reasons, we may supplement the personal information you provide with publicly available information about you. We use this personal information to process your registration, your orders and your payments, and to communicate with you on these and other topics. We also use your e-mail address to send you newsletters, as well as messages about BabyPlays promotional announcements and consumer surveys. Occasionally, we may send these materials to you via postal mail, using the shipping address provided. Our Shipments that contain the toys you ordered may also contain promotional items or advertisements. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.
Links to Other Sites
Some of the hyperlinks and banners on the BabyPlays Web site may lead to other Web sites that are not controlled by, or affiliated with, BabyPlays, LLC. In addition, other Web sites may link to the BabyPlays Web site. BabyPlays has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites. The BabyPlays Web site contains links to sites operated by third parties whose policies regarding the handling of personal information may differ from ours. While we endeavor to associate with reputable sites, BabyPlays cannot be responsible for the information handling practices of these other sites.
Children
You must be 18 years of age or older to subscribe to the BabyPlays service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian and are subject to our Terms of Use. While BabyPlays does distribute products used by children, we do not intentionally seek to collect information from individuals 18 years of age and younger nor do we knowingly collect personal information from children under 18 through the service.
Toy Care Policy
Treating our toys gently and keeping them in the best possible shape is an essential part of the BabyPlays Toy Rental Program. Members must adhere to the following Toy Care Policies:
1. Unless a toy is a bath-time toy, BabyPlays toys are not for in-water use.
2. Unless a toy is a high-chair toy, please do not allow your children to handle the toys with food.
3. BabyPlays toys are not for use in mud, sand or dirt.
4. Members are to wipe down any toys with visible debris ie. food, dirt, etc. before shipping the toys back to BabyPlays.
BabyPlays is committed to cleaning and fully sanitizing each toy before it is shipped. Any toy that is returned heavily soiled ie. smeared with jelly, ketchup, etc. or corroded with sand or dirt may result in any additional cleaning fee of $5 per soiled toy. If the BabyPlays staff is unable to get any toy returned by a member clean enough to remain in the program, the toy will be shipped back to the customer and the customer will be billed for the wholesale cost of the toy plus the cost of shipping.
Viewing and Updating Your Information on BabyPlays
You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us relating to your account. If you want to update your contact information or change your payment method, you should do so by accessing your account on the BabyPlays website. Contact information can be found by clicking the 'contact us' link on the
BabyPlays Web site - Disclosure of Personal Information
Except as otherwise disclosed to you, we will not sell, rent or disclose your personal information to third parties without notifying you of our intent to share the personal information in advance and giving you an opportunity to prevent your personal information from being shared.
We use other companies, agents or contractors to perform services on our behalf. For example, we have partnered with other companies to personalize and optimize our Web pages, process credit card transactions, collect debts, analyze and enhance data, including customers' interaction with our site, and process consumer surveys. We also provide postal addresses to the UPS Ground for delivery purposes. In the course of providing such services, these other companies may have access to your personal information. These companies are not permitted to use your personal information except for the purpose of providing the services we request of them.
From time to time, we may partner with companies whose products we believe will interest our users. In conjunction with these partners, we may send promotional announcements and/or serve web-based advertisements to our customers on their behalf. BabyPlays also reserves the right to disclose personal information when we reasonably believe disclosure is required by law, if we reasonably believe disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety. In the event that BabyPlays is acquired by or merged with a third party, we reserve the right, to sell or otherwise transfer the personal information we have collected as part of that transaction provided that such third party continues to honor our privacy policy.
Security
BabyPlays takes information security very seriously and uses reasonable administrative, technical and managerial measures to protect your personal information from unauthorized access. For example, we utilize Secure Sockets Layering, an industry-standard protocol for certain of your transmissions to us, in order to encrypt the personal information that you send to us through the registration and sign up process. We store your email address and payment method information in an encrypted form.
You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device through which you access your BabyPlays account. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the BabyPlays Web site.
Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. By using this Web site, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site.
Changes to This Policy
As we update and expand our services, we may make changes to this policy. You should check back for updates to this policy from time to time. If the changes result in materially less protection for your personal information than that provided in this policy, we will make reasonable efforts to contact you and obtain your consent to the changes. Like our Terms of Use, of which this policy is a part, your use of the BabyPlays Web site or continued use of our service after our efforts to contact you means that you agree to be bound by such changes.
Contact
If you have questions concerning your account, please contact Customer Service. If you have questions concerning this privacy policy, please contact support@babyplays.com Our address is 16305 Westheimer Suite 106, Houston, TX 77082 1-877-88-PLAYS (75297)