1. Eligibility. You must be eighteen or over to purchase products through the Site. By providing information to us through the Site and agreeing to purchase a product, you agree that you are at least eighteen years of age.
2. Purchase of Products. In order to purchase our products, you must provide us with certain basic personal and billing information, such as your name, address and credit card information. If you order a Peas in a Box educational box, we will also ask you for certain additional [optional] information regarding your child, such as first name and birth date; this information will solely be used to offer products, services, and offers geared towards the age group your child belongs in as we develop and expand our product line. You agree that all information you provide with respect to your purchase of products and payment will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will be responsible for payment to Peas in a Box of the applicable taxes relating to purchases on our Site. For more information on our products and payment, see our FAQs.
All orders are subject to our acceptance. We may refuse to accept any order, or any portion of an order, in our sole discretion, even if we have provided a confirmation of order. If a product is listed at the incorrect price, we have the right to reject or cancel orders at the incorrect price, even if the order has been confirmed or your credit card charged. If this happens and we cancel an order after charge to your credit card, we will promptly credit your credit card account in the amount of the charged price.
3. Risk of Loss. Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
4. Intellectual Property Rights in the Site and Products. Peas in a Box owns and retains all proprietary rights in the Site and the products, including without limitation, all content, graphics, video, sound, logos, software, trademarks, service marks and other material therein (the “Content”) and all intellectual property rights associated with the Content. The Site is intended solely for personal noncommercial use. Except for that information or content which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make available to third parties the Site or any Content. Your use of this Site does not create any license or any other rights in Peas in a Box’s or any third party's copyrights, trademarks or any other intellectual property or proprietary rights. All product names, logos, trademarks and service marks appearing on the Site, including the Peas in a Box logo are the registered or unregistered trademarks and property Peas in a Box. Nothing in these Terms shall be construed to grant you any right or license in any of these names, logos, trademarks or service marks without the prior written consent of Peas in a Box. All rights in and to the Site not expressly granted herein are reserved by Peas in a Box.
Any content, including text, video, audio, or pictures, which you may provide to us, whether through the Site, email, our social networking sites or otherwise, will remain your property. However, you agree that Peas in a Box shall have the irrevocable, perpetual right and license to copy, modify, transmit, post, distribute, display, and perform all such content for promotional and other purposes without attribution or consideration to you.
6. Disclaimers. Information on the Site or any catalogs or listing of our products may contain errors, inaccuracies, omissions or outdated information that may relate to our products, pricing or availability. We may correct any errors, inaccuracies, or omissions, or update information at any time without prior notice.
THE SITE AND ALL CONTENT AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PEAS IN A BOX MAKES NO WARRANTIES REGARDING THE OPERATION OF THE SITE OR ITS CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PEAS IN A BOX DISCLAIMS ALL WARRANTIES REGARDING THE SITE OR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
From time to time, we may offer a third party’s products for sale through the Site. Although we try to qualify such third party vendors and products, we cannot guarantee the quality or safety of such products. Any purchase of third party products through the Site is at your own risk and you should use your reasonable judgment in confirming the safety and appropriateness of such products for your child. PEAS IN A BOX EXPRESSLY DISCLAIMS ANY LIABLITY OR WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS.
7. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL PEAS IN A BOX BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF USE, OR DAMAGE TO PROPERTY ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF IVY KIDS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PEAS IN A BOX'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PEAS IN A BOX FOR THE AFFECTED PRODUCT(S). For our return policies, please see our FAQs.
8. Third Party Websites. From time to time, Peas in a Box may provide information regarding or links to other websites, resources or products (“Third Party Sites and Products”). Such information is provided only for your convenience. Peas in a Box does not qualify, endorse, investigate, or approve any Third Party Sites and Products and is not responsible for the availability, security, safety, or quality of such Third Party Sites or Products. You are solely responsible for ensuring that any such Third Party Sites and Products meet your needs. In no event will Peas in a Box be responsible or liable for any information, services, or products provided by such Third Party Sites or for their failure to provide any such information, services, or products to you. Peas in a Box has no control over, and assumes no responsibility for, the content, privacy policies, products, services, or practices of any third party websites. You should review such site’s privacy and return/refund policies before providing any personal information or purchasing products or services from such sites. In addition, Peas in a Box will not and cannot censor or edit the content of any third-party site.
9. Disputes. If there is any dispute about or involving the Site and/or any product you have purchased from us, by using the Site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York.
10. Indemnity. You agree to indemnify and hold Peas in a Box, its subsidiaries, affiliates, and their respective officers, agents, representatives, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of your use of the Site in violation of these Terms, your misuse of any product, and/or arising from a breach of these Terms.
11. Location of Site. The Site is controlled and offered by Peas in a Box from Singapore and all information is processed in Singapore. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. You also agree that any information you provide through the Site may be maintained and processed in Singapore.
12. Feedback. You understand and agree that any ideas or suggestions for improvements to the Site or products, including without limitation, enhancements, new functionality, or concepts, shall be owned by Peas in a Box. Peas in a Box shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.
13. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Peas in a Box without restriction.
14. Term. These Terms will remain in full force and effect while you use the Site and with respect to all purchases of products. We may terminate your access to the Site, or any portion of the Site in our sole discretion, including if we believe that you are in breach of these Terms.
15. Other. These Terms and our Policies contain the entire agreement between you and Peas in a Box regarding the use of the Site. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of the Site and therefore should cease using this Site immediately The failure of Peas in a Box to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect.