1 . Use of the Site
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
2. Additional Terms and Conditions
The following terms and conditions apply to the applicable features on the Site:
- Credit Balances. Any credit balance (including a Reward balance) will be automatically applied to your next purchase of merchandise from the Site. To the extent your credits exceed the amount of your total purchase, such credit balance will remain in your account. If your account and/or membership is terminated for any reason, any credit balances in your account will be immediately cancelled. Account balances are determined by Pounce N' Play and such determination is final.
- Online Gift Voucher. Pounce N' Play online gift voucher is honorred only on pounceandplay.com. Voucher is not exchangeable for cash. Voucher must be fully utilized when making payment. Any unutilized amount of this voucher will be forfeited and shall not be refundable. Voucher cannot be used for more than one transaction on pounceandplay.com. Pounce N' Play will not be responsible for the loss of the voucher.
- We reserve the right to change our logistic provider/s at any time as needed to best fulfill customer orders.
3. Accuracy of Content; Limitations on Quantity
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
4. Credit Card Payment
In a credit card transaction, you must use your own credit card. Pounce N' Play will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
5. Proprietary Rights
6. Links to Third-Party Web Sites; No Implied Endorsements
This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked websites. In no event shall any reference to any third party, third party website(s) or third party product(s) or service(s) be construed as an approval or endorsement by us of that third party, third party website(s) or of any product(s) or service(s) provided by a third party.
8. Product Quality
All goods undergo strict quality control procedures prior to shipment. We do not allow the shipment of flawed items or products of lower quality than the corresponding market standards for sale on the Website. Please note that items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty, will not be accepted and will be sent back to the customer and/or a refund refused.
If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us within the prescribed return period. Please see our order and shipping page for instructions on how to place a return.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights.
9. Disclaimer of Warranty
THE SITE, ITS CONTENT AND ALL TEXTS, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN 'AS AVAILABLE' AND 'AS IS' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, POUNCE N' PLAY DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
IN NO EVENT SHALL POUNCE N' PLAY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY POUNCE N' PLAY, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF POUNCE N' PLAY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF POUNCE N' PLAY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO POUNCE N' PLAY IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL POUNCE N' PLAY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF POUNCE N' PLAY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
11. Unavailability of Site; Termination; Fraud
Our expected delivery time its our best effort estimation of the time required for you to receive your order after you have made a purchase. We cannot be held liable for any losses as a result of delivery occurring outside of our expected time frame and you are not released from your obligations as a customer or any other terms and conditions that may be relevant to your order should your order be delivered in a time frame other than our expected delivery time. If you are account needs to undergo security validation this will impact the delivery time. Pounce N' Play is not responsible for any delays caused by destination customs clearance issues.
We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Pounce N' Play, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
In certain circumstances our delivery partner may provide you with the following options when delivering your order: (a) signature release: opting out of the requirement to provide a signature on delivery; and/or (b) leave with neighbor: re-directing the delivery to a neighbor. You acknowledge and agree that we shall bear no responsibility or liability for any loss or damage that may result from delivering your order in accordance with your request.
By initiating a return, you agree to disclaim and assign exclusively to Pounce N' Play (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.
13. Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Please email the copyright issue to firstname.lastname@example.org