Enlingos Terms of Service (1.0)
Terms of Service
Welcome to Enlingos. ("Enlingos" ) website located at enlingos.com (the "Site"). Please read these Terms of Service (the "Terms") carefully because they govern your use of our Site and our services accessible via our Site. To make these Terms easier to read, the Site, our services and products are collectively called the "Services”. These Services encompass the offering and shipment of a selection of curated books (the “Books”) for children to test out before buying. The Services will allow children to try out the books for a period of 5 days, and can mail back any books (in excellent condition) you do not want to purchase.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, please do not use the Services.
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may modify, change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Enlingos and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services, including making a purchase via the Site, you’ll have to supply account information ( "Account" ). You can do this via the Site with your first purchase. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. You’re responsible for all activities that occur under your Account, whether or not you know about them.
To create an account you must provide a valid United States shipping address and a valid credit card number (your "Credit Card") and billing information, which the individual creating the Account has the right to use (collectively, and together with any other information you may provide us in creating your Account).
Orders and Subscriptions
When you place an order with Enlingos you agree to pay a Service Fee (the “Service Fee”) to curate and ship an offering of Books to purchase. If you order a subscription with a monthly term of 3 months, 6 months or 12 months ( the “Subscription”), then you agree to pay the applicable Service Fee upon each renewal date until you terminate your Subscription according to the directions on the Site or the monthly term expires. The billing date is set based on the order confirmation date when the initial order was placed. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled or there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or Subscriptions. All Service Fees are non-refundable (unless it meets our policy in the Cancellation of Orders and Subscription section), even if you choose not to receive your final shipment or keep any of the Books. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check Stripe, our third party payment provider, for an updated list).
Within five (5) days of receiving your shipment (the “Return Date”), you must return any Books you don't want to purchase. You will be responsible for paying us for all Books not returned by the Return Date. The Service Fee will NOT be credited towards the purchase price of those Books. To pay for an order, you will need to provide Enlingos with the information necessary to process an order from you, including your shipping address and the billing information. You may pay for the Service Fee and the purchase of any Books from your order via credit card or other payment method then available on the Site. If you have a credit in your Account at the time of processing the Service Fee or purchasing products, the credit will be applied before charging your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy.
Any Books not received by USPS and postmarked by the Return Date will be considered purchased.
For your convenience, in the event your payment method reaches its expiration date, and you do not edit your credit card information, you authorize us to continue billing that credit card on file. This includes extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your Subscription, if applicable, should you wish to discontinue paying the recurring Service Fee and receiving Books for consideration of purchase.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Enlingos the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Enlingos will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Shipment and Returns
When you sign up for a Service, we will send you a selection of three books chosen by Enlingos. You will be able to read them to test out what your family likes. You can decide to keep all, some or none of the Books in the shipment, and we will charge you for the items you keep as described in the Orders and Subscriptions section.
As a user of our Services, we will ship you a package with a different selection of books. Books will not be available for direct order and selection will vary from month to month and account to account.
Shipments. If you order a shipment, you authorize us to charge you for the shipment in accordance with these Terms of Service. As explained in the Orders and Subscriptions section, you are responsible for: (i) the Service Fee for any shipment that is not cancelled with the required notice and (ii) the price of any Books that are not returned in accordance with our policies. These Terms of Service will govern any shipment. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve (currently only the United States and U.S. territories) or it is to an address that we determine has a history of fraudulent purchases.
Returns/Rejections. Books that are sent to you are sent as an offer to purchase. If you want to reject any of the Books in your shipment, simply place them back in the mailer we provide and mail them back to us in mint condition at no cost to you. Any returned Books must be postmarked by the Return Date, no later than days (5) days after you receive the package. You agree that keeping any Books in the shipment or by not postmarking the return shipment back to us by the Return Date constitutes your acceptance of our offer to purchase such Books, and we will charge your Account for those Books any time after that day. Any exceptions permitting a return postmarked longer than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Enlingos. Products must be returned in mint condition, as determined by Enlingos.
Unfortunately, we cannot guarantee that you will be able to exchange or replace any item.
Legal Details. OUR SCHEDULING OF A SHIPMENT IS AN OFFER TO PURCHASE THE BOOKS IN THE SHIPMENT, WHICH YOU MAY RETRACT BY RETURNING THE BOOKS YOU DON'T WANT AS DESCRIBED ABOVE. WE MAY ACCEPT YOUR REQUEST FOR A SHIPMENT BY PROCESSING YOUR PAYMENT OF THE SERVICE FEE AND SHIPPING YOU THE SHIPMENT. For any reason, we may decline to accept your request for a shipment. If we decline to accept your request for a shipment, we may attempt to notify you at the email address you provided. All Books will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Books to a common carrier.
Books & Pricing
Books come with a standard price (the "List Price") from the Publisher. Books are priced according to the Publisher’s List Price and the Enlingos price discount is reflected in the bundled book price (the “Bundled Book Price”).
You are responsible for the payment of any Service Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible to pay the applicable use taxes.
We work hard to ensure the accuracy of our pricing quotes for the List Price of Books. Despite our efforts, pricing errors may still occur. If a product's List Price is higher than the price quoted, we will confirm with you the final price and offer to cancel the order of that product.
Orders, Service Fees and Book Availability
Orders and Service Fees. When you make an order and pay the Service Fee, the order is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to ship you Books. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you delivery information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
Book Availability. We cannot guarantee the availability of the Services listed on our Site or that books will always be in stock. If books are not available by the time we are processing your order, we will notify you of this via e-mail and refund you the Service Fee. We reserve the right to limit quantities in certain circumstances. You will receive a shipping confirmation via e-mail once the Books have shipped or are being delivered.
In the event that books are returned to us in a damaged condition, and cannot be offered to other customers in a saleable condition, you will be charged 50% of the List Price for such Books. We reserve the right to cancel any account for any reason, including the regular return of damaged materials. We are not responsible for books damaged in transit.
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates.
Replacement of Books and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
Repeated claims of undelivered merchandise may result in the cancellation of your subscription or refusal to process future transactions. We are neither responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions or acts of hackers, internet service providers or any other third party, or your acts or omissions.
Book Returns Past Trial Period
We currently do not accept returns on books past the 5 day trial period unless otherwise granted by an Enlingos staff member. Any exception on book returns and refunds is at the sole discretion of Enlingos.
Cancellation of Orders and Subscription
Your order may be cancelled and the Service Fee refunded if the order has not been processed and the shipment has not been confirmed. TO REFUND A SERVICE FEE ON A NEW ORDER YOU MUST CANCEL YOUR ENLINGOS ORDER WITHIN 24 HOURS OF PLACING THE ORDER OR YOU FORFEIT THE RIGHT TO REFUND THE FEE.
IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL CONTINUE FOR THE MONTHS SELECTED OR UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE YOUR SUBSCRIPTION’S RENEWAL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
Upon cancelling your account, you will still be responsible for paying us for any Books not returned in your previous shipments. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so.
Whether you are an Account holder or a visitor (each, a "User" ), we welcome feedback, comments and suggestions for improvements to the Services ( "Feedback" ). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) "Content" means information or other materials that are posted, generated, provided or otherwise made available through the Services, including but not limited to text, graphics, images, software, videos, or works of authorship of any kind; and (ii) "User Content" means any Content that you (whether you are an Account holder or a visitor) provide to be made available through the Services, including but not limited to any opinions expressed by you. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Enlingos does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Enlingos and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Enlingos a non-exclusive, worldwide, perpetual, irrevocable royalty-free license with the right to grant sub-licenses to use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute copies of your User Content in connection with operating and providing the Services and Content to you and other Users. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Enlingos on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Any opinion provided by our Users is that of the User expressing such an opinion and does not reflect the opinion of Enlingos.
General Prohibitions and Enlingos’ Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or any individual element within the Services, Enlingos’ name, any Enlingos trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Enlingos’ express written consent;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Enlingos or any of Enlingos’ providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Enlingos or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Enlingos trademark, logo URL or product name without Enlingos’ express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We also reserve the right to refuse services to any User and/or may require verification of information prior to the acceptance or shipment of any order.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. The following Sections will survive any termination, discontinuation or cancellation of Services or your Account: Feedback; Content and Content Rights, Indemnity; Limitation of Liability; Termination; Dispute Resolution; and General Terms.
THE SERVICES, MATERIALS AND CONTENT PROVIDED IN CONNECTION WITH THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICES AND PURCHASE OF ANY PRODUCTS IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE AND VIA THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS (IF ANY).
We make no warranty that the Products and/or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of products or services sold via the Services.
Each user shall indemnify, defend and hold Enlingos and its officers, directors, affiliates, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.
Limitation of Liability
USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF SERVICES, INFORMATION, RECOMMENDATIONS, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
These Terms and any action related thereto will be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions.
This Agreement constitutes the entire agreement between you and Enlingos with respect to the Site and Services. Failure by Enlingos to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
If you have any questions about these Terms or the Services, please contact Enlingos at email@example.com