Move2Play Terms & Conditions

Welcome to Move2Play! These Terms & Conditions govern your use of our website, including any subdomains, and any associated services offered by Move2Play. By accessing or using our website, you agree to comply with these Terms & Conditions. Please read them carefully before proceeding. If you do not agree with any part of these terms, you may not access the website.

This website is operated by Move2Play. Throughout the site, the terms “we”, “us” and “our” refer to Move2Play. Move2Play offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

1. Acceptance of Terms:

By using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these terms, you may not access or use our website.

2. Use of the Website:

You must be at least 18 years old to use our website or have permission from a parent or legal guardian. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

3. Product Information:

We make every effort to provide accurate and up-to-date information about our products. However, we do not warrant the accuracy, completeness, or reliability of any product descriptions, pricing, or availability displayed on the website. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

4. Ordering and Payment:

By placing an order through our website, you agree to provide accurate and complete information about yourself, including your billing address and payment information. You also agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment method) at the prices in effect when such charges are incurred. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. The following terms explicitly apply to your purchase of our products and gift cards offered on the Website or Mobile App (hereafter “Products”):

• Purchasing Products. By clicking on “Confirm order” you are placing a binding order for the Products that you have selected for purchase. Once you have submitted your order, we will send you an email confirmation of your order. A binding contract is formed when you receive the order confirmation from us. Please note that, by way of exception, we are under no obligation to deliver your order in the event of inaccuracies, errors, Product unavailability, or for any other reason. Your order is exclusively based on the information provided by you for this purpose, and we may rely on the correctness and completeness thereof. Therefore, you guarantee the correctness and completeness of said information.
• Product Descriptions. We try to make the Website and Mobile App thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Website or Mobile App may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use or other errors. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, or item unavailability, or that otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Website or Mobile App or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
• Availability and Pricing. Move2Play reserves the right to change the prices and available Products at any time. Any Products that you have already paid for as of the date of such notice will not be affected by such pricing change. Quantities of some Products may be limited, and stock cannot always be guaranteed. The prices listed in the offer at the time of the order shall apply. The prices are quoted in US Dollars (USD). If you are using an IP address that does not reflect your geographic location, you are responsible for reviewing the currency that is displayed and confirming that you accept the price of the Products in such currency before submitting an order. We may occasionally make errors in the stated prices on this Website or Mobile App. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation. For some shipping locations, the cost of shipping and handling will be added to your order in addition to the Product price and, for other shipping locations, the Product price includes shipping and handling costs. Any shipping and handling costs that will be added to the Purchase price are shown during the ordering process before you submit your final order. Until the purchase price has been fully paid, the goods remain our property (or in case of a third party involved, the property of the third party).
• Taxes. We have the right to charge you for any taxes or duties that we believe we are required to pay or collect related to your purchase. For some shipping locations, applicable taxes and duties will be added to your order in addition to the Product price and, for other shipping locations, the Product price includes applicable taxes and custom duties. Any taxes and duties that will be added to the Purchase price will be shown during the ordering process before you submit your final order.
• Payment. You authorize us (and any payment processor) to charge your payment method for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Website, which may include the following, among others: credit card (Visa/Mastercard/American Express/Maestro); Shop Pay; PayPal; and ApplePay
• For credit card payments, we charge the Credit Card when your order is processed. The bank issuing the Credit Card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide to us in connection with this payment to provide better service to you should you wish to use our Service(s) again in the future and to protect us from fraud and other losses. For example, if you update your Credit Card or other billing information on file with us for any reason, including in connection with a purchase of our Products, we reserve the right to use your new Credit Card and/or other billing information to process future purchases of our Products, including for any ongoing Subscription that was ordered using a different Credit Card and/or billing information.
• Completion of a payment transaction is contingent upon: (a) your providing complete personal, account, transaction, and any other information needed; (b) authorization of the payment by your credit or debit card company; and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms of Service; (iii) if we suspect fraudulent, unlawful, or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes or high reversal rates or present a relatively high risk of losses; or (v) if you fail to cooperate in an investigation or provide additional information when requested.
• Orders and delivery. We have the right to refuse, cancel, or limit the quantities of any Product orders. We will not be liable if a Product is unavailable or if shipment is delayed. The terms for delivery stated by us are always target terms and do not apply as deadlines. Exceeding these terms does not oblige us to pay any compensation, but it gives you the right to terminate the agreement. We are entitled to deliver a similar Product of similar quality to the ordered Product, if the ordered Product is no longer available. If and insofar as required for the execution of order, we have the right to have certain activities performed by third parties, namely the delivery of orders.
• Closeout Items Refund Policy. Unless otherwise indicated, no returns, refunds, or exchanges are available on closeout, clearance, or reduced price items.
• Gift Certificates/Card. You may purchase Move2Play e-gift cards for anyone 18 and older through the Services (“Lovevery E-Gift Cards”). Move2Play E-Gift Cards can be redeemed solely through our Services for Products. Move2Play E-Gift Cards cannot be redeemed for cash, reloaded, resold, or transferred for value, except where required by law, or be used to buy other Move2Play E-Gift Cards. Move2Play E-Gift Cards require no maintenance, activation, or other fees. Move2Play E-Gift Cards do not expire. Risk of loss and title for Move2Play E-Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible for lost or stolen Move2Play E-Gift Cards, or for use without your or the recipient’s permission. Move2Play reserves the right to close accounts and request alternative forms of payment if a Move2Play E-Gift Card is fraudulently obtained or used or otherwise abused or misused, as we determine in our sole discretion. You may obtain information about Move2Play E-Gift Cards, including the balance, by contacting Move2Play customer support.
• Personal Use Only. Products are for your personal use only. You agree not to purchase bulk, wholesale, or commercial quantities of our Products or sell, resell, lease, rent, or use for or in any shared-use club, membership, or other arrangement, directly or indirectly, any Products you purchase or otherwise receive from us or another third party in connection with a Subscription or other purchase from or through the Website. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms of Service, as we determine in our sole discretion.
• International Sales. We currently market and sell our Products only within the United States and Canada and, through our affiliates, in the European Union, the United Kingdom, Switzerland, and Australia. We have the right to refuse, cancel, or limit the quantities of any Product orders made by customers who live outside of these areas. In addition, if you obtain Products through a freight forwarding company or similar service, we may be unable to assist you with customer requests that may arise in the future (e.g., returns, broken or missing items, replacements, and reshipments).

 

5. Shipping and Returns:

Please review our Shipping Policy and Return Policy, which govern the shipment of products and the return process. By using our website, you agree to comply with these policies. In addition, if you receive a damaged or incomplete shipment of Products, please contact Move2Play customer support. Please include in your message: your name, order number, and description of the defect or incomplete shipment. Please keep all original packaging.

• You are entitled to return Products (other than the Playshelf and Parent Courses) delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. Any notice of a damaged or incomplete shipment must be sent to us within a reasonable amount of time after you discover the problem but no later than 30 days of your receiving the Products, unless applicable law mandates a longer period. Please contact us Lovevery customer support before placing your order if you do not know the time period applicable to you for returning damaged or incomplete shipments. If we do not receive your complaint timely, all your rights and claims for whatever reason, with regard to what you have complained about or could have complained about within that period, will lapse. In this regard, each delivery can be regarded as a separate transaction; that is to say that complaints relating to a particular delivery do not affect previous or subsequent deliveries. If a complaint is well-founded, we are authorized, at our own discretion, to either adjust the invoice amount, to redeliver the Product concerned, or to refund part of the price already paid without further performance of the order. Repairs carried out by you to delivered Products, of whatever nature and for whatever reason, will not be reimbursed by us, unless we have agreed in writing in advance to carry out those repairs. For additional information on the Playshelf, see the section below entitled “Playshelf Limited Warranty,” and for additional information on the Parent Courses, see the section below entitled “Parent Courses Refund Policy”.
• Lost and Broken Parts. If any individual part or component of a Product purchased through our Website, other than the Playshelf and Parent Courses and other items expressly excluded, is lost or broken other than through abuse or misuse, you may contact Move2Play customer support and, subject to your compliance with these Terms of Service, we will use our reasonable best efforts to replace the lost or broken part. Our ability to replace lost and broken parts is, however, subject to, among other considerations: (a) the availability of replacement parts for the specified Product (e.g., we may be unable to provide replacement parts for discontinued Products); (b) the economic feasibility of replacing the lost or broken part in light of a variety of factors, including the anticipated total number of lost or broken parts for the specified Product; (c) evidence of Product damage, abuse, or misuse beyond ordinary wear and tear (e.g., the existence of multiple lost or broken parts in a single Product or multiple claims from a single customer); (d) any regulatory, compliance, safety, and legal concerns we may have; and (e) our reasonable discretion in light of the applicable circumstances. Lost and broken parts will only be replaced for customers located in the United States or Canada.

6. Intellectual Property:

All content on this website, including text, graphics, logos, images, audio clips, video clips, and software, is the property of Move2Play or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without the express written consent of Move2Play.

7. User Submissions, Comments and Feedback

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

8. Photograph Copyright Release

I understand that when I share my photo with Move2Play (by email, DM, review, social, or any other form where I either tag their company, or directly send them the image) that by doing so I agree that Move2Play can use the photo on their site, social, marketing materials, print design, or emails without any compensation or recognition given to me. Furthermore, I grant creative permission to alter the photograph(s) as needed or create derivative works.

9. Giveaways and Contests

From time to time, we offer our customers and non-customers alike the opportunity to enter Move2Play-sponsored or affiliated contests, sweepstakes, giveaway programs, or other promotions (each, a “giveaway program”), pursuant to which they can win free or discounted Move2Play Products and/or products of third-party participating brands. The rules, terms, and conditions applicable to a particular giveaway program are provided to, and must be agreed to by, participants prior to their entry into the program. Among other things, by entering into a giveaway program, you agree that certain personal data may be collected, processed, stored, or otherwise used by Move2Play, the participating brands, and their affiliates, including for promotional, marketing, and advertising activities. For additional information about how we, the participating brands, and their affiliates, may use your personal information, please see our Privacy Statement and the privacy policies of each of the participating brands and their affiliates.

10. Coupon Usage

Each and every coupon code supplied or promoted by Move2Play has its own set of terms for usage. To redeem the Coupon Code, customers must enter the code at the checkout page before completing their transaction. The discount will be applied automatically upon entering the valid Coupon Code. The Coupon Code is applicable to eligible products or services specified by the Company. It cannot be used in conjunction with any other promotional offers, discounts, or coupons unless otherwise stated by the Company. The Coupon Code is not transferable, redeemable for cash, or combinable with any other offers, promotions, or rewards points. The Coupon Code is valid for a limited time as specified by the Company and may expire without prior notice. Expired Coupon Codes will not be honored or extended. The Coupon Code is subject to change or cancellation by the Company at any time without prior notice. In the event of a change or cancellation, the Company reserves the right to revoke the Coupon Code or modify its terms and conditions at its sole discretion. The Coupon Code is only valid for use by individual customers and may not be used for commercial purposes, resale, or distribution.

11. Privacy Policy:

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and disclose your personal information. By using our website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

12. Limitation of Liability:

To the fullest extent permitted by law, Move2Play shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the website or any products purchased from the website. This includes, but is not limited to, damages for lost profits, lost data, loss of goodwill, or other intangible losses.

13. Indemnification:

You agree to indemnify and hold harmless Move2Play and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the website, your violation of these Terms & Conditions, or your violation of any rights of another party.

14. Changes to Terms & Conditions:

We reserve the right to update or modify these Terms & Conditions at any time without prior notice. The most current version of these Terms & Conditions will be posted on the website, and your continued use of the website after any changes constitute your acceptance of the revised terms.

If you have any questions about these Terms & Conditions, please contact us at support@move2play.com.

Thank you for visiting Move2Play! We hope you enjoy your experience on our website.