SparkBoxToys.com

Spark Box Toys Terms & Conditions

Overview

Welcome to Spark Box Toys, LLC ("Spark Box"). We are an online subscription service providing our Subscribers with access to educational toys and learning tools via mail.

We have put together a detailed "Terms and Conditions of Use", it is a resource for you to understand how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about Spark Box Toys. We have also put together a "Privacy Policy" that explains Spark Box's policy regarding the collection, use, disclosure and transfer of your information by Spark Box Toys. These "Terms and Conditions of Use" and our "Privacy Policy" together are referred to as "Terms of Use."

Spark Box Toys service to you, which includes: our Website (www.sparkboxtoys.com), our Social Media platforms on Facebook, Pinterest, Twitter, Linked in and more, all events hosted by Spark Box Toys and of course our subscription toy service shall be known as "Spark Box Services".

You should read and understand our Terms of Use, because they shall govern your use of Spark Box Services and our interaction with you. We encourage you to revisit our Terms of Use when you have a question about our services or want to know how something works.

Acceptance of Terms of Use

These Terms of Use affect the Subscriber rights and govern your use of the Spark Box Services - you should read them carefully. By using, visiting or browsing the Spark Box site, our social media platforms and agreeing to our subscription service, 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 any of the Spark Box Services, our website or our social media platforms. These Terms of Use are an ongoing contract between the Subscriber and Spark Box and apply to the Subscriber's use of Spark Box Services.

Changes to Terms of Use

As we update and expand our services, we may make changes to our Terms of Use. Spark Box reserves the right, from time to time, with or without notice to the Subscriber, to change these Terms of Use in our sole and absolute discretion. The most current version of these policies can be reviewed by clicking on the "Terms and Conditions of Use" and "Privacy Policy" located at the bottom of the Spark Box Website pages. The most current version of both policies will supersede all previous versions. The Subscriber should check back for updates to these policies often. Again, these Terms of Use are an ongoing contract between the Subscriber and Spark Box and apply to the Subscriber's use of Spark Box Services.

Privacy

Any information submitted on the Spark Box website or on our social media platform is subject to our Privacy Policy. Please review our Privacy Policy carefully to understand our practices.

By using our service, you are consenting to receive communications from us concerning or related to our service to you or improving our relationship with you. These communications will include notices about your account such as change in password or Payment Method, confirmation e-mails and other transactional information. These communications are part of your ongoing relationship with Spark Box and you receive them as part of the Spark Box Subscription and you may not subscribe from them. From time to time, Spark Box may also send you newsletters about new Spark Box features, special offers, promotional announcements and customer surveys via mail or email, these communications serve only to improve your experience with Spark Box and do not materially affect our service to you, you may request to be removed from such communications. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

How Our Service Works

Spark Box is an online subscription service providing its Subscribers with access to a unique selection of learning and developmental toys and tools for children. Our collection of toys and learning tools are chosen for their quality, durability, safety and educational value. Based on your child's age, learning milestones, preferences and other developmental attributes, Spark Box provides toy recommendations to you that are designed to promote & encourage the motor, emotional, cognitive and linguistic development in your child.

Plans and Pricing

Depending on the plan you choose, you will receive a box of our recommended learning toys every 4, 6 or 8 weeks (subject to minor delivery delays and the punctual return of each Spark Box by the Subscriber). If you choose to receive a box every 8 weeks, you will be charge $23.95 every month or an annual rate of $249. If you choose to receive a box every 6 weeks, you will be charge $28.95 every month or an annual rate of $299. If you choose to receive a box every 4 weeks, you will be charge $35.95 every month. Our 6 week option is the most popular.

If you choose to give Spark Box Toys as a gift, a 6 month subscription is $135 and a 12 month subscription is $249. Gift subscriptions are delivered electronically and can be redeemed at any time

14-Day Risk Free Trial

We offer a 14-Day risk free trial of our service to our monthly subscribers. When you sign up and we ship your box, your credit card will be charged for our first month's service. You will have 14-days to return the box to us if you decide to not continue our service. If you return the box within the risk free trial period, you will not be held accountable to the commitment period and we will refund you for the first month's service, minus $10 to cover part of the shipping costs.

What you will find inside the box

Spark Box Toys guarantees at least 4 toys per box, they will cover the 4 major skills categories: Motor, Cognitive, Linguistic and Emotional. Also inside the box you will find:

A return shipping label
Mesh bag for toy pieces
Batteries for any electronic toys
A Service Manual that reminds you how our service works, what to expect and how to contact us
A Product description card for each toy that details its materials, usage and playtime ideas Spark Box experts have created

By using the Spark Box Services, you DO NOT HAVE to agree to our recommendations and receive what is recommended to you. You may choose to substitute our selection at any time with your own, as often as you like, before each box is shipped out. However, if you do NOT make a substitution, it is assumed you DO AGREE with our selection and you will receive our recommended selection of toys as if you chose them yourself. Should there be unforeseen inventory limitations, we reserve the right to make substitutions, we guarantee the toys will be of comparable educational value and quality. Should this ever happen, you will be notified.

Children usually acquire developmental milestones or skills during a specific time frame or "window", thus, we can reasonably predict when most children will learn or develop certain skills. However, each child is unique and will develop at his or her own pace. If you are concerned your child has not met certain developmental milestones Spark Box should not be considered a professional solution or remedy. Spark Box does NOT guarantee any measurable results through your child's use of our toys or recommendations.

Subscription & Cancellation

The Subscriber must be 18 years of age or older to subscribe to the Spark Box Services. 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 thereby subject to our Terms of Use.

We require all subscribers to experience 2 months of Spark Box subscription; we call this the minimum commitment period.

The Monthly Subscribers may cancel the Subscription at any time post their minimum commitment period. Due to the nature of our service, we do not provide refunds or credits for any partial-monthly subscription period or for toys not played with. The Subscriber must cancel their Subscription before it renews each month in order to avoid billing of the next month's subscription fees. Annual Subscribers can cancel at any time post the minimum commitment period, and will be refunded a portion of their upfront payment by subtracting the monthly payments that they would have incurred from the total annual plan charge minus a $15.99 early termination fee. Upon cancellation, we will notify the Subscriber of any outstanding unreturned toys. The Subscriber is given ten (10) days to return these outstanding rentals. Delays in returning outstanding rentals within the allotted time will result in us billing the Subscriber an extra month's subscription; failure to return outstanding rentals will result in us billing the Subscriber for the retail cost of outstanding items. Spark Box reserves the right to terminate or restrict any Subscriber's use of Spark Box Services without notice, for any or no reason whatsoever.

Billing

By using Spark Box Services, the Subscriber has expressly agreed that we are permitted to bill the Subscriber a monthly subscription fee, any applicable tax and any other charges the Subscriber may incur in connection with the Subscriber's use of Spark Box Services. The monthly subscription fee will be billed with any applicable tax or additional charges to the Payment Method the Subscriber provided to us. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

Spark Box reserves the right to change our fees and subscription plans from time to time. All Subscriber will be given advanced notice of these changes by e-mail. Subscriber is responsible for maintaining their payment method validity as part of their Subscription with Spark Box. The Subscriber is responsible for any interest or additional transactional charges resulting from inaccurate or expired payment information.

Delivery

Toys are delivered to the Subscriber using UPS ground. Toys may not be delivered to a hotel room or P.O.Box. While UPS commits to a timely delivery (anywhere between 1-4 days), Spark Box is not responsible for occasional delays in shipping.

A tracking number is provided to the Subscriber as soon as the Subscriber box ships. It is the responsibility of the Subscriber to receive their box of toys upon scheduled delivery. In the event that the UPS tracking number reveals numerous delivery attempts with no receipt by the Subscriber then the Subscriber has forfeited that month's box of toys. Should this happen, Spark Box reserves the right to make alternative arrangements with the Subscriber on a case by case basis.

Upon returning our toys to us, a return UPS label will be made available either within the box or easily printable from our website in the "your profile" section. The Subscriber should drop off their toys at the nearest UPS location and expect the arrival of their next box. For no additional charge, return toys can be dropped off at any UPS Store location or directly with UPS delivery representatives. Should the Subscriber choose a home pick up, they may arrange it with UPS. There will be an additional FEE for the home pick up service.

Sanitization

Spark Box takes the health and safety of children very seriously. Every toy that passes through our doors are rigorously examined, cleaned and sanitized by our operations team so we can be completely sure what we are sending each Subscriber is safe and clean. We have consulted with teachers, principals and doctors to develop a cleaning process that far surpasses EPA and school standards. All our toys go through a 5-step cleaning. For more information please read our sanitization page and do not hesitate to contact us for more questions service@sparkboxtoys.com

Broken Toys

While Spark Box chooses only toys with the highest quality and maintain a rigorous inspection procedure - accidents may still occur. In the event that a toy is broken upon delivery, contact Spark Box (service@sparkboxtoys.com) within 48 hours of receiving the delivery, report the broken toy and it will be replaced for the Subscriber at no cost. If the Subscriber does not contact the office within 48 hours of receiving the delivery, the Subscriber will assume full responsibility for the broken toy and may be charged a fee.

In the event that a toy rented from Spark Box is broken by the Subscriber, the Subscriber will be required to purchase this toy at a price no greater than the retail price of the toy. Spark Box reserves the right to resolve these situations on a case by case basis.

Missing Pieces

While Spark Box chooses only toys with the highest quality and maintain a rigorous inspection procedure - accidents may still occur. In the event that a toy arrives upon on delivery with missing pieces, contact Spark Box (service@sparkboxtoys.com) within 48 hours of receiving the delivery, report the incident and it will be replaced for the Subscriber at no cost.

In the event that a toy is returned to Spark Box with missing pieces, the Subscriber will receive notification from Spark Box. We will give the Subscriber 30 days to locate and return the missing piece to Spark Box. In the event that the missing piece(s) is not located, the Subscriber will be charged a missing piece fee not greater than $10 p/toy.

Lost Return Labels or Boxes

Subscribers should keep the original packaging they receive each month. This will keep toys in good condition as the Subscriber returns them to Spark Box. In the event that the original packaging is damaged or lost, Spark Box will not be held responsible for providing return packaging. The Subscriber may return their Spark Box toys in any box and any packaging as long as they return undamaged.

If the Subscriber return label has been lost or damaged, Spark Box will provide a new return label via e-mail. Customers will be required to contact Spark Box support to receive a replacement return label at service@sparkboxtoys.com.

Buying Toys

While Spark Box is primarily a rental program, we may choose to sell certain toys - either as a service to our Subscribers or as a penalty option for broken or missing toys. The Subscriber toy purchase will be charged to the Subscriber existing Payment Method and will be shipped to the current address in "The Subscriber Account", unless otherwise specified. Applicable taxes and shipping charges will be added to the purchase price. If you choose to purchase a toy that we have shipped to you as part of your Spark Box Service - this purchase will NOT be refundable. Making a toy purchase does not change a Subscriber's length of commitment under their Spark Box Subscription.

Toy Care Policy

Please treat Spark Box toys gently and keep them in the best possible shape as these toys will find their final home in needy public schools across America. Subscribers must adhere to the following toy care policies:

Spark Box toys are not for in-water use, unless expressly specified (e.g. Bath Toy).
Spark Box toys are not to be handled with food, unless expressly specified as a high-chair toy
Spark Box toys are not for use in mud, sand or dirt
Subscribers are to wipe down any toys with visible debris before shipping the toys back to Spark Box.

Spark Box is committed to cleaning and fully sanitizing each toy before it is shipped. Any toy that is returned heavily soiled or corroded may result in additional cleaning fee or damaged toy fee. If the Spark Box staff is unable to get a returned toy back in satisfactory condition, the toy will be shipped back to the Subscriber and the Subscriber will be billed for an amount less than Retail cost of the toy plus the cost of shipping.

Occasionally we find personal CDs, DVDs or other items inadvertently submitted to us as part of our rental return process. In such instances, we may attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. In addition, on rare occasions, these personal CDs, DVDs or other items are re-transmitted inadvertently to other Subscribers during our normal shipping and receiving operations. We disclaim any responsibility for and you hereby expressly release us from any liability arising from any re-transmission, including both the shipment and receipt of such items, or failure to return personal items inadvertently submitted to Spark Box. We encourage you to be careful in returning items to us in our prepaid return boxes.

Disclaimers of Warranties and Limitations on Liability

Spark Box Services, including all features associated therewith, the website, its social media platforms 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 Spark Box Services, our toys, the website, its social media platforms and its contents. We assume no liability or responsibility for any errors or omissions in the content of the Spark Box Website or on our social media platforms. We assume no liability or responsibility for any failures, delays, or interruptions in the shipment of toys; delivery of any content contained in each Spark Box; any losses or damages arising from the use of the content provided on the Spark Box Website or the Spark Box Services.

To the extent allowable by law, we disclaim all representations and warranties, including, for example, warranties of merchantability, satisfactory quality, fitness, educational and developmental claims, for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site or our social media platform is accurate, complete or current. We do not represent or guarantee that the Subscriber 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 Spark Box or our social media platforms shall create a warranty, promise or otherwise constitute a representation binding upon Spark Box. In no event shall Spark Box, LLC., its shareholders, directors, officers, or employees be liable (jointly or severally) to the Subscriber 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 Spark Box website, its contents, its social media platform or its service, including any features associated therewith.

In the event Spark Box Toys should choose to compensate a Subscriber for damages or losses arising from the use or inability to use our Website, its contents or our service, the compensation will not exceed the amount of the Subscriber's one month subscription fee. Unless required by applicable law or judgment. 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 Subscribers of Spark Box jointly and severally agree to indemnify and hold harmless Spark Box Toys, LLC, all its employees, officers, board members and representatives therein from any claim, action, liability, loss, damage or suit, arising from the following: any injury incurred by broken or whole toys received from Spark Box, any corruption on any electronics used to access the Spark Box website any inconvenience or loss associated with inability to access or use our website or service.

Arbitration Agreement

These Terms of Use provide that all disputes between Spark Box and the Subscriber will be resolved by binding arbitration. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.

Spark Box and the Subscriber agree that any dispute, claim or controversy arising out of or relating in any way to the Spark Box Services, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that the Subscriber and Spark Box are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Spark Box subscription.

If you elect to seek arbitration, you must first send to Spark Box, by certified mail, a written Notice of your claim ("Notice"). The Notice to Spark Box should be addressed to: General Counsel, Spark Box Toys, LLC, 24 Commerce Street, Suite 1433, Newark, NJ 07102 ("Notice Address"). If Spark Box elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your Subscription account. A Notice, whether sent by you or by Spark Box, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Spark Box and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Spark Box may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Spark Box or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Spark Box receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Spark Box and you agree otherwise, any arbitration hearings will take place in Newark NJ and will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Spark Box's last written settlement offer made before an arbitrator was selected (or if Spark Box did not make a settlement offer before an arbitrator was selected), then Spark Box will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

You and Spark Box agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Spark Box agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Subscriber Conduct

By subscribing or accessing the Spark Box Service the Subscriber agree to use the Spark Box Services, including all features and contents associated therewith in accordance with all applicable laws, rules and regulations.

In addition, the Subscriber agree not to upload, post, e-mail or otherwise send or transmit any material that contains malicious 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 Spark Box Services. The Subscriber also agree not to interfere with the servers or networks connected to the Spark Box Website and its social media platforms or to violate any of the procedures, policies or regulations of networks connected to the Spark Box Website and its social media platforms.

The Subscriber also agrees not to impersonate any other person, display conduct in a vulgar or offensive manner while using Spark Box Services. The Subscriber also 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 Spark Box Website or our social media platforms without our written consent. Spark Box does not promote, foster or condone the copying of DVDs, digitally delivered content, or any other infringing activity.

Security

Spark Box takes information security very seriously and uses reasonable administrative, technical and managerial measures to protect the Subscriber personal information from unauthorized access. For example, we utilize Secure Sockets Layering, an industry-standard protocol for certain of the Subscriber transmissions to us, in order to encrypt the personal information that the Subscriber send to us through the registration and sign up process. We store the Subscriber email address and payment method information in an encrypted form.

The Subscriber are responsible for maintaining the confidentiality of the Subscriber account information and for restricting access to the Subscriber computer or mobile device through which the Subscriber access the Subscriber Spark Box account. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Spark Box Website and our social media platforms.

Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of the Subscriber personal information and cannot assume liability for improper access to it. By using this Website, or providing personal information to us through any means, the Subscriber agree that we can communicate with the Subscriber electronically regarding security, privacy, and administrative issues relating to the Subscriber use of this site.

Links to Other Sites

Spark Box Website may lead to other Websites that are not controlled by, or affiliated with, Spark Box Toys, LLC. In addition, other Websites may link to the Spark Box Website without our expressed knowledge or control. Spark Box has not reviewed these Websites and is not responsible for the content or privacy policies of these Websites. The Spark Box Website 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, however, Spark Box cannot be responsible for the information handling practices of these other sites.

Privacy: Collection and Use of Information & Disclosure of Personal Information

Please click here to read Spark Box Toys' complete Privacy Policy.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Contact

If you have further questions concerning Spark Box Services terms and conditions, please do not hesitate to contact us at 24 Commerce Street, Suite 1433, Newark, NJ 07102 or email us at: service@sparkboxtoys.com, or call us at (973) 798 - TOYS | (973) 798 - 8697