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TERMS AND CONDITIONS

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Play with YaYa

Service Terms and Conditions

Last Updated: August 7, 2020

 

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE SERVICE TERMS AND CONDITIONS. 

Welcome to Play with YaYa! 

Play with YaYa, Inc. (hereafter referred to as “YaYa”, “we”, “us”, or “our”) offers and provides a subscription-based, toy and game rental service (“Service”), accessible through our website, at: https://www.playwithyaya.com/ (“Website”). These Service Terms and Conditions (“Service Terms”) form a legally binding agreement between you and YaYa for your use of the Service that is in full force and effect as of the date you accept these Service Terms or otherwise access or use the Service (“Effective Date”). 

By selecting the box “I agree”, by accepting these Service Terms, or by otherwise accessing and using the Service, you acknowledge that you have read, understood and agreed to comply with these Service Terms and enter into a binding contract with YaYa. 

While the Toys (as defined below) we offer for hire are intended for children, the Service is only intended for customers aged 18 years or older. You represent and warrant that you are at least 18 years old. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

In addition to these Service Terms, your use of the Website, creation and management of your Account (as defined below), and posting of any content, reviews or other submissions on the Website, is governed by our Website Terms and Conditions, available at: https://www.playwithyaya.com/terms (“Website Terms”). 

IF YOU DO NOT AGREE TO COMPLY WITH AND BE BOUND BY THESE SERVICE TERMS, PLEASE DO NOT ACCEPT THESE SERVICE TERMS AND DO NOT ACCESS OR USE THE SERVICE. IF YOU OBJECT TO ANY TERM OR CONDITION OF THESE SERVICE TERMS OR ANY SUBSEQUENT CHANGES THERETO, OR BECOME DISSATISFIED WITH THE SERVICE IN ANY WAY, YOUR SOLE REMEDY IS TO TERMINATE THESE SERVICE TERMS AND YOUR SUBSCRIPTION TO THE SERVICE.

YAYA RESERVES THE RIGHT TO MODIFY THESE SERVICE TERMS AT ANY TIME BY POSTING THE MODIFIED SERVICE TERMS ON THE WEBSITE. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY AFTER POSTED AND YOUR CONTINUED USE OF THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS. ACCORDINGLY, PLEASE CONTINUE TO REVIEW THESE SERVICE TERMS FOR MODIFICATIONS WHENEVER ACCESSING OR USING THE SERVICE. 

  1. DESCRIPTION OF THE SERVICE 

For purposes of these Service Terms, the “Service” includes: 

  1. making available for hire children’s toys, games and play things (collectively, “Toys”) to Website users acting in the capacity of customers (“Customers”), who have created account on the Website in accordance with these Service Terms and the Website Terms (“Account”) and purchased a toy-hire subscription on our Website in accordance with these Service Terms (“Subscription”); \

  2. delivery of Toys and related materials and documentations to Customer; and 

  3. any other features, tools, applications, materials and other services which may be offered or made available by us to Customers subject to their Subscription Plan (as defined below). 

Your Subscription and right to use the Services will continue for the duration of the Term (as defined below). In addition to these Service Terms, your Account registration, access and use are subject to the Website Terms.

  1. ORDERS

To purchase a Subscription, you must place an order on our Website through the designated form (“Order”) and complete the payment process. Your Subscription purchase is subject to our acceptance of your Order, and you acknowledge that we may accept or reject an Order at our sole discretion. Please note that an email acknowledging receipt of your Order will not constitute an acceptance of the Order by us. If we accept your Order, we will send you a separate email confirming our acceptance, at which time the Order, together with any additional terms and conditions displayed by YaYa in your Order form (“Order Terms”) and the Subscription Plan you select, shall be incorporated into and made part of these Service Terms. We reserve the right to reject any Order, in which case you shall not be entitled to receive the Service based on such rejected Order. An Order will become binding only once we have accepted it.

  1. SUBSCRIPTION PLAN

    1. Plan Terms. In addition to these Service Terms and any applicable Order Terms, your use of the Service shall be subject to the specific terms and conditions of the Subscription plan you select during your Subscription purchase process (“Subscription Plan”). In the event of any conflict or contradiction between these Service Terms, Order Terms and your Subscription Plan, the Subscription Plan shall govern with respect only to the matter in conflict or contradiction, followed by the Order Terms and then these Service Terms.

    2. Subscription Term. The right to use the Service is provided on a Subscription-basis for the period specified in the applicable Subscription Plan (“Initial Term”). Subject to continued payment of applicable Fees (defined below) by you, the Initial Term shall renew automatically on the same terms and conditions for equivalent, successive renewal terms (each, a “Renewal Term”). The Initial Term and each Renewal Term shall collectively be referred to as the “Subscription Term”. You may terminate your Subscription Term in accordance with Section ‎‎3.3  (Termination of Subscription) or as permitted under applicable law. In any event, please be aware that if these Service Terms are terminated in accordance with Sections ‎‎10.2 or ‎10.3, your Subscription will automatically terminate as well.

    3. Termination of Subscription. You may terminate your Subscription at least 5 days prior to the date of your next scheduled Toy delivery date. If you terminate your Subscription less than 5 days prior to the date of your next scheduled Toy delivery date, your Subscription shall remain in effect until the date of your subsequent scheduled Toy delivery date. If you terminate your Subscription, you will not receive a refund of any Fees already paid. 

    4. Consequences of Subscription Termination. When your Subscription is terminated for any reason, we may terminate your Customer benefits. Immediately following termination of your Subscription for any reason, you must: (i) cease use of the Service until you have purchased another Subscription; (ii) return any Toys provided by YaYa to you in the manner instructed by YaYa and in a state that meets the Return Conditions. 

    5. Available Subscription Plans. We reserve the right to change our available Subscription Plan offering at any time, eliminate any Subscription Plans offered at any time and/or offer new Subscription Plans, and/or modify the terms and conditions of any available Subscription Plan.

  2. TOY OFFERINGS AND AVAILABILITY 

    1. Your Information and Supplied Toys. The Toys provided to you will be chosen by YaYa at its sole discretion. Prior to receiving Toys, you will be required to complete a preferences questionnaire, and provide certain information regarding yourself and your child. YaYa will take into consideration the information you provide in connection with your preferences questionnaire, Account and Order in selecting the Toys provided to you, but does not guarantee that any particular Toy is provided or that any Toy provided meets your expectations and/or requirements. When creating your Account, completing a preferences questionnaire and submitting on Order, you must provide accurate and complete information. You are solely responsible for the information you provide to us in connection with your Account, preferences questionnaire and Order.  

    2. Availability of Toys. YaYa will make available to you a reasonable variety of Toys. We cannot guarantee that any particular Toy will be available or provided to you as part of your Subscription or that any specific Toy you wish to hire will be in stock, even if such Toy is displayed on our Website and/or indicated to be in our stock at any time (including when you submit your Order).

    3. Toy Offering. YaYa acts as a Toys dealer. We are not the manufacturer nor producer of any Toys nor do we provide Toys under our own name, brand or trademarks.

    4. Condition of Toys. We use reasonable efforts to YaYa ensure that Toys are sent from our fulfilment center in good working condition, yet YaYa cannot guarantee the condition of any Toy during or after its shipping. Furthermore, you acknowledge that due to the nature of our Service, Toys may have been used by other customers or users before you received them

    5. Toy Listing. We attempt to be as accurate as possible and have made significant efforts to accurately display the Toys that we make available. However, we do not guarantee that Toy descriptions, sizes, colors, styles or any text, data, information, images, graphics, sounds, videos, audio clips, links, Toy Instructions (as defined below), documentation or similar materials displayed or provided in connection with any Toys, whether on the Website or as part of the Toy shipment (collectively “Toy-Related Content) are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Toy-Related Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Toy-Related Content. 

  3. BILLING AND PAYMENTS

    1. Fees. As a condition to your Subscription, we will charge the Subscription fees identified in the Subscription purchase process (“Fees”), in addition to applicable shipping and handling charges and any applicable taxes, to the payment method you provide in your Order (e.g. credit card or PayPal account information). In the event of recurring Fees (such as month-to-month or year-to-year Subscriptions), the Fees will be charged to your payment method at the start of each Subscription period (unless otherwise stated in the Order Terms), in addition to applicable shipping and handling charges and any applicable taxes, commencing on the Effective Date. In the event that your Subscription includes monthly recurring billing, the first payment shall be charged immediately upon acceptance by YaYa of your Order, and your subsequent monthly billing date shall be 5 days prior to the date of subsequent Toy deliveries. YaYa reserves the right to adjust your Subscription billing dates and cycles in accordance with YaYa's Toy delivery dates, at YaYa's discretion.

    2. Fee Changes. We reserve the right to adjust Fees for your Subscription Plans in any manner and at any time as we may determine in our sole and absolute discretion. Any changes in Fees to your Subscription will take effect following email notice to you providing you with an opportunity to cancel the Subscription if you wish the price change not to be applicable to you (“Price Change Notice”). If you do not terminate the Subscription in accordance with the Price Change Notice, the new Fees shall apply as of the subsequent billing cycle for your Subscription.

    3. Taxes and Additional Terms. Except as may be expressly stated otherwise in these Service Terms or any Order Terms, all payments under an Order are non-refundable, and are without any right of set-off or cancellation. Amounts payable under an Order are exclusive of all applicable sales, use, consumption, VAT, GST, and other taxes, duties or governmental charges, except for taxes based upon YaYa’s net income. If you are required by any law applicable to you to withhold or deduct taxes for any payment under an Order, then the amounts due to YaYa shall be increased by the amount necessary so that YaYa receives and retains, free from liability for any deduction or withholding, an amount equal to the amount it would have received had you not made any such withholding or deduction. Any amount not paid when due will accrue interest on a daily basis until paid in full, at the lesser of: (a) the rate of 1.5% per month; and (b) the highest amount permitted by applicable law.   

    4. Billing Information. You represent and warrant to YaYa that the billing information you have provided in connection with your Order is true and that you are authorized to use the payment instrument you have provided in your Order for the Term, and that you will continue to be so authorized until you notify us of a change in your billing information. You will promptly update your billing information with any changes that may occur (for example, a change in your billing address or credit card expiration date). We may validate you payment information, including by requesting a temporary authorization from the financial institution issuing your payment instrument.

    5. Discounts. If a discounted Toy and/or Subscription price for a promotional period applies to your Subscription purchase or if you purchase your Subscription using a gift card balance, once the promotional period expires or the gift card value is used, your Subscription will renew at the full non-discounted and non-credited price, which will be charged to the payment instrument you will provide.  

  4. REFUND POLICY

Except as otherwise expressly provided in these Service Terms or the applicable Order Terms, we do not issue refunds, partial refunds and/or credit for payments made or used gift vouchers. All Orders are final and once a payment is successfully submitted, whether by a payment instrument, credits, Coupons (as defined below) or gift cards, you will not be entitled to receive any refunds if you terminate your Subscription early. If you apply a Coupon or discount which are intended for a single use only per Customer, you will not be entitled to apply such Coupon or discount to any other Order, even if your Subscription has been terminated for any reason. 

  1. DELIVERY 

    1. Shipping. YaYa shall use good faith efforts to deliver Toys in accordance with the Toy delivery dates and intervals specified in your Subscription Plan and these Service Terms. Delivery timeframes may vary depending on the type of Toy(s) ordered, the Subscription Plan and the delivery address. YaYa may choose the Toy delivery carriers at its discretion. Toys may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the Customer not being present at the address at the time allotted by the carrier or if a Customer refuses to accept the Toys, YaYa reserves the right to deduct the cost for returning the shipment to the YaYa returns center from the Customer. 

    2. Customer Information. You must provide us and keep us up to date with accurate Account, contact payment information, billing and shipping information in connection with your purchases and Subscription, and any changes to such information must be made at least 5 days before the Toys are shipped to you, as Our shipping service does not include the redirecting or forwarding to an updated address. If you fail to comply with this Section‎7.2 shipments may be delayed or undelivered. YaYa reserves the right to delay and/or not to provide any Toy shipment in the event that you have provided incomplete or inaccurate shipping, billing or other Account information, or if the payment method you provide is at any time inactive or cannot be billed for any reason. 

    3. Additional Fees. You agree and authorize YaYa to charge for loss or damage to any Toy and/or related product or material after such Toy and/or related product or material has been provided to you and until such time as you have returned the Toy and/or related product or material to YaYa. 

    4. Ownership. The Toys are provided to you on a loan basis and shall remain at all times and in any circumstances the property of YaYa, its suppliers, partners, vendors and/or licensors. 

  2. TOY HIRE AND RETURN 

    1. Hire Period. The Toys are provided to you on a hire basis for a limited period in accordance with your Subscription Plan (“Hire Period”). For any Toys returned earlier than the period set forth in the Subscription Plan due to early termination of you Subscription, the Hire Period shall be deemed to end upon such earlier date. You shall not be entitled to any refunds and/or discounts for Toys returned early, except as otherwise expressly stated in this Service Terms.

    2. Toy Return. Following the Hire Period, you must return the Toys you’ve hired in the form and manner instructed by YaYa, and in accordance with the following conditions (collectively, “Return Conditions”): 

      1. the Toys must be whole, sanitary and in the same condition as provided by YaYa; 

      2. the Toys must be returned in the packaging in which they were provided to you by YaYa; and

      3. the Toys must contain and be accompanied by any and all components, parts, materials and documentation provided by YaYa.

You shall be responsible for paying the applicable shipping and handling charges for return of Toys. The return of Toys is at your risk and such returned Toys will only be considered returned to us and no longer in your possession once we have received such Toys at our return facility at 5 W 91st New York, NY, 10024. We will notify you via email within a reasonable time of receiving returned Toys. 

    1. Unreturned Toy Fee. If any Toy is not returned following your Hire Period, you will be charged the market price of the unreturned Toy, and such amount will not be returned to you even if the Toy is sent back at a later date.

    2. Toys Returned in Inadequate Condition. We acknowledge and agree that the use of Toys will result in fair wear and tear. However, in any event that a Toy has been returned by you to YaYa damaged (other than normal wear and tear, as determined in our reasonable opinion), defective, non-functioning or partially-functioning, incomplete, missing any parts or pieces  or otherwise in a state which does not meet the Return Conditions, YaYa reserves the right to charge you an additional fee for such Toys at YaYa’s discretion, up to 75% of the Toy’s retail value. Such  fee shall be calculated separately by YaYa at YaYa’s discretion and may consider the following criteria: If the Toy is no longer safe to use, the condition of the Toy upon delivery to you and upon return, if the Toy cannot be repaired, if the Toy can no longer be used as it was intended and use of the Toy by previous YaYa customers.

  2. REFERRAL TERMS

    1. Applicability. The Provisions of this Section ‎9 apply to you participation in YaYa’s friend referral program, which allows our Customers to invite their friends and family members to join the Service (“Referral Program”).

In this Section ‎9:

  1. A “Referrer” is a Customer that sends an invitation through our designated referral invite mechanism to another person to join the Service (a “Referral”).

  2. An “Invitee” is a person that receives an invitation message with a link to a designated Service registration page or to our Website pursuant to a Referral (“Referral Link”).

    1. By participating in the Referral Program (whether by submitting a Referral, you agree to comply with the terms and conditions of the Referral Program according to this Section ‎9 (“Referral program Terms”). If you don’t agree to these Referral Terms, do not participate in the Referral Program. These Referral Terms are in addition to the other provisions of these Service Terms, which will apply to your use of the Website and 

    2. Referrer Eligibly. You are eligible to participate in the Referral Program as a Referrer only if you meet all of the following criteria:

  1. you are a Customer of YaYa with an active Account on the Service;

  2. you are at least 18 years old; and

  3. you are a legal resident of the United States

    1. Qualified Referral. As further specified in these Referral program Terms, YaYa may offer rewards or credits to Referrers who complete Qualified Referral.

A “Qualified Referral” is a Referral that meets all of the following conditions:

  1. The Referral was made by a Referrer who is eligible under Section ‎9.3.

  2. The Invitee has accessed the Service registration form through the Referral Link and completed the Service registration process.

  3. The Invitee is at least 18 years old.

  4. The Invitee is not a Customer or Account owner of the Service at the time of the Referral, and was not one at any time prior to the Referral.

  5. The Invitee is a legal resident of the United States.

A maximum of 1 Qualified Referral per calendar month is permitted for a single Referrer. Therefore, all additional Referrals made by you in a calendar month and exceeding this limit, shall not be considered Qualified Referrals, even if they meet the criteria above.

Referral Credits. YaYa may, from time to time, offer you the opportunity to earn referral credits for Eligible Referrals made by you (“Referral Credits”). The Referral Credits may only be used to purchase Toys pursuant to your Subscription Plan, and for no other purpose. It is hereby clarified that, Tickets may not be redeemed or exchanged for any cash, or other monetary or non-monetary value, except for purchasing Toys pursuant to your Subscription Plan in accordance with the Service Terms. You shall not use any automated or fraudulent means to manipulate the Referral Credit balance on your Account. 

YaYa will send out the toy box within 10-14 days from completing the quiz.

You will be eligible to receive Referral Credits for a Referral, provided all of the following conditions are met:

  1. You are an eligible Referrer under Section ‎9.3.

  2. The Referral is an eligible Referral.

  3. Your Invitee has completed the “How did you hear about us?” quiz on our Website, as may be updated from time to time.

  4. Your Invitee has purchased a Subscription to the Service, in addition to the Free Subscription (as defined below).

  5. You Invitee has a current shipping address in the United States on their Account.

Your Referral Credits shall be credited to your Account, and are non-transferrable. YaYa will notify you via email if you have earned Referral Credits. The amount of Referral Credits that you may receive and the time period in which you may earn Referral Credits are subject to limitations. 

    1. Referrer Rewards. If you are a Referral, you will be entitled to receive a on month Subscription to the Service free of charge (“Free Month”), provided all of the following conditions are met:

  1. You are an eligible Referrer under Section ‎9.3.

  2. The Referral is an eligible Referral.

  3. The Invitee has accessed the Service registration form through the Referral Link and completed the Service registration process.

  4. The Invitee is at least 18 years old.

  5. The Invitee is not a Customer or Account owner of the Service at the time of the Referral, and was not one at any time prior to the Referral.

    1. Restrictions. You shall not, and shall not assist or permit others to:

  1. send or distribute, or cause to be sent or distributed, unauthorized and/or unsolicited Referrals or Referrals that may reasonably constitute unsolicited commercial e-mail or spam under any applicable law or regulation;

  2. act, or attempt to act, in a manner that is abusive, dishonest, inappropriate, malicious and/or fraudulent, or provide any information which is inaccurate, in connection with your Referrals and participation in the Referral program;

  3. sell, trade, barter, or provide anything of value to your Invitee in consideration or in exchange for their participation the Referral Program (except the potential eligibility for an Invitee Reward Subscription, as defined below); and

  4. use or exploit the Referral Program, Referrals or Referral Credits for promotional purposes;

  5. sending more than one Referral to a single Invitee.

    1. Invitee Reward Subscription. If you are an Invitee purchasing a Subscription pursuant to a Referral, you will be eligible to receive a one-month free of charge Subscription (“Invitee Reward Subscription”) to the Service, provided that:

  1. You access our Service registration page through the Referral Link in your referral message, register as a Customer and set up an Account.

  2. You complete the “How did you hear about us?” quiz on our Website, as may be updated from time to time 

  3. You have an shipping address in the boroughs of Manhattan or Brooklyn in New York City in your Account

  4. You have a child aged 12-24 months old at the time of purchasing Invitee Reward Subscription

  5. You pay an amount of US$5 for Toy shipping

You will received the delivery within 12 business days

Box pick up would be a month after the drop off date.

YaYa can terminate this agreement at any time
Referrals and Privacy. To send a Referral, you must complete the designated referral form on our Website (“Referral Form”). As part of the Referral Form, you will be asked to submit the name and e-mail address of your Invitee (“Invitee Information”). We will use the Invitee Information in accordance to send a Referral message inviting the Invitee to use the Services and containing a Referral Link. We will also use this information as described in our YaYa’s Privacy Policy available at: https://www.playwithyaya.com/privacy-policy  

    1. Privacy. All information collected, stored, processed, or shared by or with YaYa in connection with the Referral Program shall be treated in accordance with YaYa’s Privacy Policy available at: https://www.playwithyaya.com/privacy-policy

    2. Additional Terms. YaYa will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. YaYa reserves the right to amend, modify or waive these Referral Program Terms & Conditions at any time in its sole discretion. YaYa reserves the right to deny or suspend eligibility for Invitee Reward Subscriptions or Referral Credits if we: (a) determine or suspect that there has been a breach of any provision of these Service Terms or violation of any Law; and/or (b) deem it helpful or reasonably necessary to comply with any applicable law, legal process, or governmental request, to enforce these Service Terms (including investigations of potential violations thereof), to detect, prevent, or otherwise address fraud, security issues, and/or to protect against harm to the rights, property or safety of YaYa, our users, yourself or the public.

 

  1. TERM AND TERMINATION

    1. Term. These Service Terms commence on the Effective Date until terminated in accordance with Sections ‎‎10.2 or ‎10.3 (“Term”)

    2. Termination by You. 

      1. You may terminate these Service Terms and your Subscription by giving YaYa prior written notice, at support@playwithyaya.com at least 5 days prior to the date of your next scheduled Toy delivery date. If you terminate your Subscription less than 5 days prior to the date of your next Toy delivery date, your Subscription and these Service Terms shall remain in effect until the date of your subsequent scheduled Toy delivery date. 

      2. You may also terminate these Service Terms and your Subscription if you receive any Toy delivery, other than your first Toy delivery, longer than 6 business days after being billed from such Toy delivery, by providing YaYa with written notice at support@playwithyaya.com at least 7 days, but no more than 10 days, following the relevant billing date, in which case your Subscription will terminate automatically and YaYa will refund any fees charged to your payment method with respect to the delayed shipment. 

    3. Termination by YaYa. YaYa reserves the right to terminate these Service Terms  or otherwise modify, suspend or discontinue your Account and/or Subscription at any time and for any reason whatsoever, with or without notice, and without notice or obligation to you, and you agree that YaYa shall have no liability to you for any such termination, modification, suspension, or discontinuance.

    4. Consequences of Termination. Immediately following termination of these Service Terms, your Subscription shall terminate and you must: (i) cease use of the Service; (ii) return any Toys provided by YaYa to you in the manner instructed by YaYa and in a state that meets the Return Conditions and (iii) your access to your Account will be disabled, and YaYa may permanently delete your Account content and/or nullify your Referral Credits balance, if any. This Section ‎10.4 and Sections ‎8, ‎13, ‎14, ‎15, ‎16, ‎19, ‎20, ‎21, ‎22 and ‎23  shall survive termination of these Service Terms, as shall any right, obligation or provision that is intended to so survive. Termination shall not affect any rights and obligations accrued as of the effective date of termination.

  2. DAMAGED TOY RETURN AND REPLACEMENT POLICY; DELAYED SHIPMENTS 

    1. Toy Return and Replacement. If any Toys you receive from YaYa or parts thereof are damaged, defective, non-functioning or partially-functioning, incomplete or missing any parts or pieces (each, a “Defective Toy”), you may initiate a Toy return and replacement process by) notifying YaYa via email at: support@playwithyaya.com  within 5 days of the Defective Toy delivery date (“Replacement Request”). YaYa will contact you following your Return Request, if properly submitted, to provide you with return instructions. After receiving return instructions from YaYa, you must return the Defective Toy in accordance with YaYa’s instructions and in a state that meets the Return Conditions. Your Replacement Request must include the following information: full name, name of the child, your email address, your phone number and your physical address. Defective Toys will be reviewed by YaYa’s support agent and, if the Replacement Request is approved by YaYa, a replacement Toy will be provided to you or a Service credit will be issued. All replacements will be at the discretion of YaYa’s customer support. If you initiate your return to YaYa later than 30 days from the date of delivery, you will not be eligible for a return or replacement. Defective Toys shipped to YaYa outside of their original packaging will not be processed for refund or replacement. YaYa monitors return activity for abuse and reserves the right to refuse returns. All applicable Offers (as defined below) applied at the time of purchase will be prorated and deducted from the amount of refunds or credits. 

  3. OFFERS, COUPON AND PROMO CODES AND GIFT CARDS

    1. Offers. We may, from time to time and at our sole discretion, offer certain customers various trial or other promotional memberships, special offers, promotions, promotional sales, discounts, coupons or promotional codes (collectively, “Offers”), which are subject to these Service Terms as well as to additional terms and conditions stated in the specific Offer. If an Offer is applied to your Order on the Website, the applicable Offer terms shall be incorporated into, and made part of, these Service Terms with respect to the order for which the Offer has been applied and in the event of any conflict or contradiction between these Service Terms and any Offer terms, the Offer terms shall prevail with respect only to the matter in conflict or contradiction, solely for the Order for which such Coupon was applied. Offers shall be applied subject to YaYa’s approval. If we determine that your payment method is invalid, without limiting any of our other rights, we may revoke any membership benefits or credits you may have received as part of the Offer. YaYa shall not honor Offers not offered by YaYa or on its behalf. YaYa reserves the right to reject or refuse to apply any Offer at its sole discretion, at any time. YaYa reserves the right to change or terminate Offers and promotions at any time. Some Offers may not be combined with other Offers in the same Order.

    2. Coupons. Offers may include coupon and promotional codes identified by a unique code (“Coupons”). Unless otherwise expressly stated in the Coupon Terms, Coupon shall be subject to the following conditions:

      1. Coupons may not be applied more than once per Customer. 

      2. Coupons are redeemable only on the Website. 

      3. Coupons may be limited to specific Subscription Plans; please check your coupon to verify which Subscription Plan the Coupon applies to. 

      4. A Coupon cannot be applied to pay for taxes, shipping and handling or other additional charges.

      5. If your Coupon is subject to a minimum purchase amount, such minimum purchase amount shall include the net Fees only and exclude taxes, shipping and handling and other charges. 

      6. Only one Coupon may be used per Order. 

      7. Each Coupon is valid for a limited time only and expires on the date specified in the Coupon terms.

      8. Coupons can only be redeemed upon the initial purchase of a Subscription and cannot be applied retroactively or for future payments for Subscriptions already purchased. Coupons cannot be applied to gifts. Coupons do not have a cash value.

      9. Coupons may be revoked for fraudulent behavior.

    3. Gift Cards. Any gift card that is applied to an existing account is converted to credit for the total amount paid for the gift. Gift credit cannot be transferred between accounts or refunded.

  4. CUSTOMER RESPONSIBILITIES

YaYa makes no representations or warranties as to the conduct of Customers and their interaction with other Customers. You are solely responsible for the content or information you publish on the Website in connection with the Service. You agree to not post on the Website any inaccurate, abusive, offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, Intellectual Property Rights, and rights of privacy and publicity). We reserve the right, but we have no obligation, to reject any information or photo that does not comply with the prohibitions set forth in this Section, as determined solely in our discretion. To the extent permitted under applicable law, we reserve the right to refuse Service to anyone, at our sole discretion. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. 

  1. YOUR COMMITMENTS

As a Customer, you agree that:

    1. you have the authority to enter into these Service Terms;

    2. you will use the Service for personal, non-commercial purposes;

    3. you will treat the Toys with the same care as you would exercise toward similar products which you own, but in no event less than reasonable care, and shall ensure that any third party using the Toys during your Hire Period shall do the same;

    4. you will comply with any and all instructions, documentation, usage rules and restriction, safety warnings and notices, provided by us to you in relation to the use of the Toy whether provided with the Toys or made available on the Website, including all instructions issued by the manufacturer and/or marketer of such Toy (all of the foregoing, “Toy Instructions”); and 

    5. you will notify YaYa immediately of any damage to or destruction of any Toy or missing Toy parts or pieces that were lost during your Hire Period and understand that you may be charged an additional fee in accordance with these Service Terms to the payment method you have provided in connection with your Account.

  2. PROHIBITED ACTIVITIES & FRAUD PREVENTION 

You shall not, and shall not permit any third party to: 

    1. lease, hire, sell, distribute Toys and/or otherwise allow others to receive and/or use the Toys for commercial benefit; 

    2. use any Toy and/or the Service in a manner that violates any local, state, provincial, national, or other law or regulation, or any order of a court;

    3. use any Toy and/or the Service in a manner that infringes the rights of any person or entity, including without limitation, their Intellectual Property Rights, privacy, publicity or contractual rights;

    4. register for more than one Account or register for an Account on behalf of an individual other than yourself;

    5. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

    6. submit any Account or payment information for the Service with false or misleading information;

    7. submit or transmit, in connection with the Service and/or your Account, any information that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

    8. use, display, mirror or frame the Service or any part thereof, YaYa‘s name, any YaYa trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without YaYa ‘s express written consent; and

    9. You shall not allow any child to play with, handle or otherwise use a Toy if they are younger than the recommended age to use that Toy, of if they are otherwise unable to use a Toy in accordance with its Instructions.

YaYa will have the right to investigate and prosecute violations of any of the above, including any and all fraudulent use of the Service, to the fullest extent of the law. YaYa may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and engage in fraudulent activities. YaYa may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against YaYa or to comply with legal process, (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, and/or (iv) protect the rights, property or safety of YaYa , its users, or members of the public;

  1. INTELLECTUAL PROPERTY

The Toys, Toy-Related Content and all related trademarks, service marks, and logos, logos, names, content, materials and documentation (collectively, “Proprietary Materials”) are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries and are the property of YaYa, its suppliers, partners, vendors and/or licensors. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. Copying, reselling, distributing, or publishing any Proprietary Materials in any way are prohibited and you shall indemnify and hold YaYa harmless from and against any and all costs and damages incurred by YaYa as a result of your violation of this Section. “YaYa”, “Play with YaYa”, the YaYa logo, and other marks are Marks of YaYa or its affiliates. We reserve all rights not expressly granted in and to the Toys and Toy-Related Content.

  1. Third Party Sources and Content. 

    1. Toys and Toy-Related Content may be accompanied by, contain and/or include certain content, links, materials and/or instructions from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). “Third Party Source(s)” means third party websites and services and our suppliers, partners, vendors and/or licensors, including without limitation third party toy and game manufacturers, retailers and/or marketers. 

    2. We have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use, instructions and privacy policies of any Third Party Source that you interact with before you engage in any such activity. 

    3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content. 

    4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that may be included in any Third Party Content or that may be communicated to you from a Third Party Source.

    5. If you are exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk. 

    6. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against YaYa, and release YaYa from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

 

  1. WARRANTY DISCLAIMER

THE TOYS AND TOY RELATED-CONTENT (INCLUDING TOY INSTRUCTIONS) ARE PROVIDED AND MADE AVAILABLE “AS IS”, WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY OR COMPLETENESS, USE, FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, NON-INFRINGEMENT, TITLE, QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY YAYA AND ITS LICENSORS AND SUPPLIERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY YAYA (SUCH AS, VIA THE WEBSITE OR WITHIN TOY-RELATED CONTENT) OR A YAYA REPRESENTATIVE, SHALL CREATE A REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION.

IN ADDITION, NEITHER YAYA NOR ITS SUPPLIERS, PARTNERS, VENDORS AND/OR LICENSORS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:

  1. REGARDING THE EFFECTIVENESS, CURRENTNESS, RELIABILITY, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS THE TOYS AND TOY RELATED-CONTENT (INCLUDING TOY INSTRUCTIONS);

  2. THAT ANY CUSTOMER’S OR USER’S USE OF, OR RELIANCE UPON, THE TOYS OR TOY-RELATED-CONTENT WILL MEET YOUR OR ANY CUSTOMER’S OR USER’S REQUIREMENTS OR EXPECTATIONS;

  3. THAT THE TOYS OR TOY RELATED-CONTENT (INCLUDING TOY INSTRUCTIONS) WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; OR

  4. REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, OR OTHER GOVERNMENT OR INDUSTRY REGULATIONS OR STANDARDS.

YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE AND YOUR USE OF AND RELIANCE UPON THE TOYS AND TOY RELATED-CONTENT (INCLUDING TOY INSTRUCTIONS) ARE ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND YAYA SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING.

YOU AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YAYA WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES (SUCH AS, BUT NOT LIMITED TO, HEALTH PROBLEMS, PERSONAL INJURY, OR DEATH) TO YOU, YOUR CHILD AND/OR ANY THIRD PARTY, THAT RESULT FROM YOUR, YOUR CHILD AND/OR ANY THIRD PARTY’S USE OF (OR INABILITY TO USE) THE SERVICE, ANY THE TOYS AND/OR TOY RELATED-CONTENT (INCLUDING TOY INSTRUCTIONS).

Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply. 

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL YAYA BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE SERVICE TERMS, THE SERVICE, TOYS AND/OT USE OF ANY TOYS OR TOY-RELATED CONTENT: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (ii) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS (C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. 

THE AGGREGATE LIABILITY OF YAYA UNDER, OR OTHERWISE IN CONNECTION WITH, THESE SERVICE TERMS AND/OR THE SERVICE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO YAYA IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. 

THE FOREGOING EXCLUSIONS AND LIMITATION SHALL APPLY: (i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (ii) EVEN IF YAYA HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (iii) EVEN IF ANY REMEDY IN THESE SERVICE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (iv) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHER CONTRACT OR TORT LIABILITY. 

  1. INDEMNIFICATION

You agree to indemnify and hold harmless YaYa, its officers, directors, shareholders, employees and agents from and against any and all damages, losses, liabilities, costs fines and expenses (including but not limited to attorney's fees), arising, directly or indirectly, from: (i) your use of, or inability to use, the Service, any Toy and/or Toy-Related Content (Including Toy Instructions) (ii) your violation of these Service Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this Section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it.  You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval

  1. RIGHT TO ASSIGN

YaYa may assign its rights under these Service Terms without your consent. If YaYa assigns its rights, is sold to another entity, or enters into an agreement with another company to share information, YaYa or its successor will give notice to the Customer who may opt out by terminating their Subscription. You may not assign and/or transfer you rights or obligations hereunder to anyone, without YaYa's prior written consent and any attempt by you to perform an unauthorized assignment of these Service Terms shall be null and void.

  1. GOVERNING LAW AND JURISDICTION

These Service Terms (including their validity) shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and is hereby disclaimed. Any claim, dispute or controversy under, or otherwise in connection with, these Terms shall be subject to the exclusive jurisdiction and venue of the courts located in New York County, New York, and Customer hereby irrevocably and unconditionally submits to the personal jurisdiction of such courts and waives any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue. Notwithstanding the foregoing, YaYa reserves the right to seek equitable relief in any court worldwide of competent jurisdiction. 

 

CONTACT US

Our place of business is:

1013 Centre Road

Suite 403-B 

Wilmington  DE 19805 

US.

You may contact us by emailing us at supprt@playwithyaya.com.

  1. GENERAL

    1. Severability. If any provision of these Service Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of these Service Terms shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.

    2. Remedies. Except as stated otherwise in these Terms, no right or remedy conferred upon or reserved by any party under these Service Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Service Terms, at law or in equity, but shall be cumulative of such other rights and remedies.

    3. Waiver. No failure or delay on the part of any Party in exercising any right or remedy under these Service Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by YaYa, the writing must be duly signed by an authorized representative of YaYa), and shall be valid only in the specific instance in which given.

    4. Relationship. The relationship of the parties is solely that of independent contractors. Nothing in these Service Terms shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.

    5. Notices. All notices or other communications provided for in these Service Terms shall be in writing and shall be given in person, by courier, by facsimile, electronic mail or by registered or certified mail, postage prepaid, addressed as set forth in the Purchase Order. All notices and other communications delivered in person or by courier service shall be deemed to have been given as of one business day after sending thereof, those given by facsimile transmission with confirmation or receipt shall be deemed to have been given as of the date of transmission thereof (provided that such date is a business day in the country of receipt and if not, the next business day) and all notices and other communications sent by registered mail shall be deemed given 3 days after posting. Notices sent by electronic mail shall be deemed received upon receipt of such electronic mail message.

    6. No Third Party Beneficiaries. There shall be no third-party beneficiaries of or under these Service Terms.

    7. Export Compliance. Customer shall not transfer, export, re-export, import, re-import or divert the Toys or Documentation in violation of any Export Control Laws, as well as any applicable import and use restrictions, all as then in effect, and shall not transfer, export, re-export, import, re-import or divert the Toys or Documentation to Lebanon, Syria, Iran or North Korea (or other countries specifically designated in the Purchase Order). In the event Customer breaches the foregoing sentence (in whole or in part), it shall indemnify and hold harmless YaYa for any fine or penalty imposed upon YaYa and/or personnel as a result of such breach. 

    8. Force Majeure. YaYa shall not be responsible for any failure to perform any obligation hereunder because of any act of God, war, riot or civil commotion, governmental acts or directives, strikes, work stoppage or equipment or facilities shortages, and/or other similar cause beyond YaYa’s reasonable control. 

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