Welcome to Spark.Toys! Spark.Toys Pte Ltd. (hereafter referred to as "Spark.toys", "we", "us", or "our") provides a subscription+rental service.
Billing and Payments
By starting your subscription and providing or designating a payment method, you authorize us to charge you on a recurring monthly/3-monthly/6-monthly/12-monthly (depending on your chosen subscription package) subscription fee at the then current rate. In addition to applicable shipping and handling charges and any applicable taxes, commencing on the date you purchase your subscription. We reserve the right to adjust pricing for our subscription services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your subscription will take effect following email notice to you
Spark.Toys shall use good faith efforts to deliver the products to the designated location specified by you. In an effort to get toy boxes to our subscribers as soon as possible, we begin processing shipments prior to the signup cutoff. As a result, all changes/ updates must be made by the cutoff date of the month the box ships.
As a Member, you agree to the following benefits and Terms:
You must provide us and keep us up to date with accurate contact, payment information. This includes name and shipping address, any address changes must be made by the cutoff date of the month prior to your box shipping.
Returns or refunds
All sales are final. Once a payment is successfully submitted, it may not be cancelled or refunded. Monthly subscription billing cycles are on the same date of every month, as your start of subscription date. Cancel before the next billing cycle. And cancellation after billing will incur a small service charge. All annual subscriptions are paid in advance.
All missing or damaged items must be reported within 5 days of the box being delivered to you and must include photo documentation in the email submission. Damaged items will be reviewed by the support agent and, if applicable, a replacement will be issued. Replacement will be provided only for damaged products and does not cover or include packaging of said products. Blemishes to packaging will not be considered as part of a damaged item. All replacements will be at the discretion of customer support. Please be aware of the following replacement limitations:
We put a lot of resources into designing a box that is well-structured and awesome with the product inside. That said, the outer box is a shipping box and may get blemishes and damaged during shipping. Like all shipping boxes, it is subject to wear and tear in the shipping process which is out of our control. All inner boxes must be returned along with the outter box and the toys.
Toys, Figurines and Other products inside the Toy Box
We cannot control slight manufacturing variations and are not able to replace based on these variations, including but not limited to minor paint flaws or figure positioning. Blemishes to packaging will not be considered as part of a damaged product.
Toy Box Limitations:
All products and subscriptions listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
As part of a membership plan or Service, we may issue you credits redeemable for toy rentals ("Toy Credits"). Toy Credits may only be redeemed for the Toy Box Subscription, have no cash value, are non-transferrable and non-refundable. All Toy Credits are valid for a limited time as described in the membership terms and conditions and expire immediately upon the termination of your membership. Toy Credits issued as part of a promotion expire in accordance with the applicable promotional terms.
As part of a membership plan or service, we may issue you account credits redeemable for shipping charges or membership fees. (“Account Credits”). Account Credits may only be redeemed for the subscription service it is applied for, have no cash value, are non-transferable and non-refundable. All Account Credits expire immediately upon termination of your membership and must be used within 2 years. Unused Account Credits expire after 2 years.
COUPON AND PROMO CODES
Each coupon is identified by a Coupon Code and has different requirements and rewards. Please check your coupon — all requirements stated on the coupon must be met to receive the discount.Coupon values are as specified on the coupon.Limit of one coupon per customer.Coupons are intended for single use only.
Coupons are redeemable only on the Spark.Toys website. At times, coupons may be limited to one specific subscription or program; please check your coupon to verify which subscription/program the coupon applies to.
Should you decide to terminate your membership, you may do so by cancelling the service using the "My Account" section on the website. If you cancel your membership, you will not receive a refund of any membership credits or fees already paid. When your membership is cancelled, we may terminate your member benefits.
Auto-renewing subscriptions (pay every 1, 3, 6 or 12 months) can be turned “off” at any time - meaning we will cancel the next automatic renewal of the subscription (e.g. the subscription will expire and you will not be charged again). Auto-renewing subscriptions cannot be cancelled mid-term. Partial refunds will not be given.
Spark.Toys reserves the right to terminate or suspend your account at any time, with or without notice, if we determine that you have violated these Terms, or for any other reason.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to the Terms except as otherwise stated in the promotional offers. Trial members may, at any time (through your Account Settings), choose not to continue to paid membership by cancelling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. 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.
We do not issue refunds or partial refunds. You can cancel your Spark.Toys membership online at any time. Visit your "Account Settings" page and select "Cancel." No refunds will be issued for gift purchases or prepaid membership fees. Once activated, any pre-paid gift subscription amount is non-refundable and can only be used for Spark.Toys subscription.
You understand that Spark.Toys does not in any way screen its users or Members, nor does it attempt to verify the information posted by its Members. Spark.Toys makes no representations or warranties as to the conduct of Members and their interaction with other Members your designs. In no event shall Spark.Toys be liable for any damages whatsoever, whether direct or indirect arising out of the use of the Service. You are solely responsible for the content or information you publish on the Service. You agree to not post on the Service 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 toy forth in this section, as determined solely in our discretion. We reserve the right to refuse Service to anyone, at our sole discretion.
CODE OF CONDUCT
As a non-registered user or Member of the Site or Application, you agree:
PROHIBITED ACTIVITIES & FRAUD PREVENTION
In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
Spark.Toys will have the right to investigate and prosecute violations of any of the above, including any and all fraudulent use of the Services, to the fullest extent of the law. Spark.Toys may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and engage in fraudulent activities. Spark.Toys 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 Spark.Toys 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, or (iv) protect the rights, property or safety of Spark.Toys, its users, or members of the public.
The Site, Application and all content contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the Singapore and other countries. Spark.Toys is also protected as a collective work or compilation under Singapore copyright and other laws and treaties. All individual elements making up the Site and Application are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the site. Copying any content from this site to any other site, or reselling, distributing, or publishing that content in any way is prohibited. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold Spark.Toys harmless from and against any and all costs and damages incurred by Spark.Toys as a result of such violation. Any photos or descriptions submitted on the Site or Application become the property of Spark.Toys and you assign to us, with full title guarantee, all copyright with respect to any information and photographs that may be used for promotional or other purposes. Spark.Toys may remove any identification or watermark language that appear on photographs submitted to the site.
DISCLAIMER AND LIMITATION OF LIABILITY
You agree to indemnify and hold harmless Spark.Toys, its officers, directors, shareholders, and agents, from any damage suffered directly or indirectly as a result of your use of the Service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Spark. Toys cannot and will not act as a mediator or arbitrator between Members in any dispute arising from the use of the Service.
RIGHT TO ASSIGN
Spark. Toys may assign its rights to this Agreement without the Members' consent. If Spark. Toys assigns its rights, is sold to another entity, or enters into an agreement with another company to share information, Spark. Toys or its successor will give notice to the Member who may opt out by terminating his or her membership.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. User Content means all content submitted, posted, uploaded, published, or transmitted on or through the Site by any Member or other users of the Site, including but not limited to photographs, videos, profile information, descriptions, postings and reviews. By making available any User Content on or through the Site, you hereby grant to Spark.Toys a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Service, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Spark.Toys shall survive termination of your membership. Spark.Toys does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Site by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Site. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Spark.Toys the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Spark.Toys' use of your User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Spark.Toys may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
Spark.Toys reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of COPPA regulation or these Terms or otherwise harmful to the Sites or users, or for any other reason.
The failure of Spark.Toys to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Spark.Toys. Except as expressly toy forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
UPDATES TO THESE TERMS
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on the Site or Application. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site or Application. Spark.Toys encourages you to frequently review the Terms for any modifications. Your continued use of the Service will be deemed as irrevocable acceptance of any revisions.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT; GUARANTEE PROGRAM
Spark.Toys cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Spark.Toys or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
CHANGING OR DELETING YOUR INFORMATION
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at firstname.lastname@example.org or editing the relevant part of their profile online. If you would like us to cancel your Spark.Toys Account, please contact us or select the "Cancel" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Spark.Toys Account. Please note that, if you cancel your Spark.Toys Account, anything you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.
Spark.Toys may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Spark.Toys is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us at email@example.com.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
LINKS TO OTHER WEBSITES
Our Site and Application contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
We control and operate Spark.Toys from Singapore. Your usage is governed exclusively by the federal and state substantive laws applicable in Singapore, without respect to conflict of laws principles. Please note that we do not represent or warrant that Spark.Toys is appropriate for use in your particular jurisdiction. Those who choose to access Spark.Toys do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
MODIFICATION TO THIS POLICY
Frequently Asked Questions
Spark.Toys © 2017