TERMS OF SERVICE
OVERVIEW
This website is operated by Edukits Hawaii, a Hawaii nonprofit corporation (“Edukits”). Edukits. Throughout the site, the terms “we”, “us” and “our” refer to Edukits Hawaii / Edukits. Edukits 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.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - TERMS OF SALE
The following terms explicitly apply to your purchase of our products and gift cards offered on the Website or Mobile App (hereafter “Products”), whether by way of a Subscription or otherwise.
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. Edukits 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.
Damaged or Incomplete Shipments. If you receive a damaged or incomplete shipment of Products (other than the Edukits and the Parent Courses), please contact Edukits 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 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 Edukits 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 Edukits, see the section below entitled “Edukits 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 Edukits and Parent Courses and other items expressly excluded, is lost or broken other than through abuse or misuse, you may contact Edukits 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.
Returns. If for any reason you are not satisfied with your Product purchased through our Website, you have the right to withdraw the purchase of the Product during a 10-day reflection period (the “Reflection Period”), provided that you must subsequently return or hand over the Product to us (at the address provided below) within 10 days from the date on which the product was delivered and you must send an message to customer support stating that you are exercising your right of withdrawal (collectively, the “Right of Withdrawal/Return”). You have the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal/Return. In order to comply with the Reflection Period, it is sufficient that you send the notification about the exercise of your Right of Withdrawal/Return before the end of the Reflection Period. We may ask you about the reason for the withdrawal/return, but you are not obligated to state the reason(s). The Reflection Period starts on the day after you, or a third party designated in advance by you, who is not the carrier, have received the Product, or:
− if you have ordered several Products in the same order: the day on which you, or a third party designated by you, received the last Product. We may, provided that we have clearly informed you about this prior to the ordering process, refuse an order for several Products with different delivery times;
− if the delivery of a Product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part; and
− in the case of a Subscription: the day on which you, or a third party designated by you, received the first Product.
During the Reflection Period, you must handle the Product and its packaging with care. You will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. You may only handle and inspect the Product as you would be allowed to do in a store. If you do not handle the Product accordingly, you are liable for any depreciation of the Product.
If you use your Right of Withdrawal/Return, you must return or hand over the Product(s) as soon as reasonably practicable and in any case no greater than 10 days from the date on which you received the product and informed us that you are exercising your Right of Withdrawal/Return with respect to the Product. You must return the Product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with reasonable and clear instructions by us. Return shipping is paid by you unless there was an error made by us the the shipping will be free of charge for the US and Canada.
If you withdraw/return a Product in accordance with the foregoing requirements, we shall reimburse you for all payments we have received from you, (not including delivery costs unless we made an error) and (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day the delivery is received at our warehouse. For this refund, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you. To exercise your Right of Withdrawal/Return or if you have any questions, please contact Edukits customer support. Please include in your message: your name, order number, and, optionally, the reason for the return. Please keep all original packaging. As described below.
Closeout/ Sale/ Discounted 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 Edukits e-gift cards for anyone 18 and older through the Services (“Edukits E-Gift Cards”). Edukits E-Gift Cards can be redeemed solely through our Services for Products. Edukits 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 Edukits E-Gift Cards. Edukits E-Gift Cards require no maintenance, activation, or other fees. Edukits E-Gift Cards do not expire. Risk of loss and title for Edukits 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 Edukits E-Gift Cards, or for use without your or the recipient’s permission. Edukits reserves the right to close accounts and request alternative forms of payment if a Edukits 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 Edukits E-Gift Cards, including the balance, by contacting Edukits 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. We have the right to refuse, cancel, or limit the quantities of any Product orders made by customers who live outside of the United States, 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).
WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDEDFOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) 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.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - WEBSITE, MOBILE APP, AND SERVICES CONTENT
Users have a personal, non-transferable, non-exclusive right to access and use the content of the Website and Mobile App and available through the Services (the “Content”) subject to these Terms of Service. The term “Content” includes all information, text, images, data, links, software, trademarks, videos, trade names, audio, designs, look and feel of the Website, and other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
We reserve the right to make changes to document names and content, descriptions or specifications of Products or Services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on the Website, Mobile App, or through the Services, subject to the following conditions:
a) The Content may be used solely for personal, non-commercial, and informational purposes. Except for these limited purposes, no part of the Website or the Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
b) The Content may not be modified.
c) Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on the Website or Mobile App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website, Mobile App, or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
Any pictures and drawings remain our property at all times and must be returned to us without delay upon request, failing which the holder will owe the value to be determined by the owner. This provision also applies if we have expressly stated in writing that we wish a return.
We may alter, suspend, or discontinue the Website, Mobile App, or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
SECTION 16 - RESPONSIBLE USE AND CONDUCT
By visiting our Website or Mobile App, you agree to use all Content only for the purposes intended and as permitted by these Terms of Service and applicable laws, regulations, and accepted online practices.
By visiting our Website or Mobile App, you are responsible for the confidentiality of your Account login information and are responsible for all activities that occur under your Account. You agree all information you provide for your Account is accurate and up-to-date. You agree to access our resources only in the means we provide and will not attempt to copy, duplicate, distribute, reproduce, display, sell, trade, or resell any of our information, resources, content, or tools.
With respect to the Website, Mobile App, and related software, source code, platforms, servers, and interfaces, whether owned by us or third parties, you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, create derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent, or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations, or by these Terms of Service.
Failure to comply with these Terms of Service holds you solely responsible for consequences, losses, or damages Edukits directly or indirectly incurs, and you may incur criminal or civil liability.
SECTION 17 - SUBSCRIPTION CANCELLATIONS
We work hard to provide the best experience possible and the best products for every age; however, you may cancel your automatic Subscription renewal through the Account page on the Website. You must update your Account on the Website at least 5 business days prior to your next shipment.
YOUR SUBSCRIPTION WILL CONTINUE AUTOMATICALLY UNTIL YOU CANCEL OR UNTIL EDUKITS NO LONGER OFFERS PRODUCTS FOR YOUR CHILD’S AGE. THE EDUKITS SUBSCRIPTION PRODUCT LINE MAY EXPAND TO INCLUDE OLDER AGES OVER TIME. IN ADDITION, IF YOU INITIALLY PAID FOR YOUR SUBSCRIPTION UP-FRONT, UPON THE CONCLUSION OF THE UP-FRONT PAID SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTO-RENEWED ON A PAY-AS-YOU-GO BASIS (I.E., YOU WILL BE CHARGED AT THE TIME EACH EDUKIT SHIPS) UNLESS YOU TIMELY CANCEL OR ELECT TO PAY UP-FRONT AGAIN.
IF YOU DO NOT CANCEL YOUR SUBSCRIPTION AT LEAST 5 BUSINESS DAYS PRIOR TO YOUR NEXT SHIPMENT, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE NEXT APPLICABLE PERIOD.
You may cancel your Subscription at any time by updating your Account settings or by contacting Edukits customer support with a request to cancel your Subscription.
You will continue to be renewed at the same effective annual rate, charged ratably upon shipment of goods and subject to price increases of up to 10% each year at our sole discretion. You will receive notice in writing of such changes at a reasonable time before such changes to your Subscription occur.
We may terminate your Subscription, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.
For additional terms and conditions that apply to our Subscriptions, please refer to the Frequently Asked Questions page on the Website.
SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO CASE SHALL EDUKITS, OUR FOUNDERS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby release and forever discharge us (and our founders, directors, officers, managers, members, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website or Service users. IF YOUARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 INCONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOTEXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HISOR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM ORHER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
NO REPRESENTATION OR WARRANTY IS MADE THAT THE WEBSITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE WEBSITE OR SERVICES AND FROM THE OUTPUT OF THE WEBSITE OR SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUROPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
YOU ACKNOWLEDGE THAT THIS PROVISIONS OF THIS SECTION 18 ARE AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE WEBSITE, THE SERVICE (INCLUDING ANYDOWNLOADABLE TOOLS), AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE WEBSITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THESE PROVISIONS.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Edukits and our parent, subsidiaries, affiliates, partners, officers, directors, managers, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Hawaii.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 – DISPUTE RESOLUTION
Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online atwww.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL ANDSTATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR AJURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award, or under this Arbitration Agreement, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON ANINDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONECUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY ORCONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Honolulu, Hawaii.
Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required bylaw. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or Company may bring an individual action in small claims court.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Honolulu, Hawaii, for such purpose.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at edukitshawaii@gmail.com.
These terms and conditions (these “Terms of Service”) were last updated on July,5, 2024.