Aya & Pete. Play, Learn, Explore! App Terms of Use

AYA & PETE. PLAY. LEARN. EXPLORE! 

TERMS OF USE

These Terms of Use (“Terms”) were updated on 2022-03-07.

Application

  1. The website SHOPASHIMA.COM and the mobile application AYA & PETE. PLAY. LEARN. EXPLORE! (the "Site" or "App”) are owned and operated by Ashima Inc. ("Ashima", "we," and "us"). Access and use of our Site and related products, apps, and/or services (the "Services") are provided by us to you on condition that you accept these terms of use. By accessing or using the Site or Services, you agree to these terms of use. If you do not agree to accept and abide by these terms of use, you should not access or use the Site or the Service. 

  2. These Terms govern the relationship between you, the Site visitor and/or member ("you") and Ashima with respect to your use of the Site and the Services. We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Site or the Service, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content, features, data or service on or available through the Site or the Services; (iii) any fees or charges, if any, related to the use of the Site or the Services.

  3. Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of the Site(s) or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

  4. If you are a parent or guardian and you consent to your child's use of or registration with this site or the services, by providing such consent you are agreeing to be bound by these terms of use in respect of your child's use of the site(s) and the services. If you are under 18 years of age (or the age of legal majority where you live), you have to ask a parent or legal guardian to read and agree to be bound by these Terms on your behalf.

Description of Programs

  1. AYA & PETE. Play. Learn. Explore! is a digital subscription product that gives customers access to the AYA & PETE digital mobile app. The app is a subscription (paid) service, and is available as an annual auto-renewing subscription. Payment will be charged to your iTunes/App Store or Google Play Store Account at confirmation of purchase. You can manage or turn off auto renew in your Apple ID Account or Google Play Store settings any time after Purchase.

Privacy

  • Our Privacy Policy is an integrated part of these terms. For information on the processing of personal information collected online and personal information collected from children, if any, please refer to our Privacy Policy here: 

  • https://www.shopashima.com/pages/aya-pete-app-privacy

Accounts

  1. You are not required to create an account to purchase the App or to use our Site. However, you may elect to subscribe to our newsletter via the Site and the App. 

  2. We may suspend or terminate your ability to use any of our Sites or Services in the case of failure to comply with our Terms of Use or any special terms related to a particular service.

  3. You may opt-out from receiving special promotions or marketing correspondence from us by unsubscribing as noted in the applicable email correspondence.

  4. You can reach account support by emailing any of the following email addresses: hello@shopashima.com.

Information Collected

Data Retention

  1. Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired.

Terms and Conditions of Sale

Billing and Payments

  1. The price of the services and/or goods is payable in full before goods are delivered, and you will automatically be charged for your purchase. 

  2. Unless you cancel your annual subscription prior to the end of your current subscription period, at the end of that period your subscription will automatically be renewed for an additional subscription period of the same amount of time.

  3. If your payment method reaches its expiration date and you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing the 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 information or cancel your membership should you wish to discontinue your annual purchase.

  4. We use third-party payment and subscription billing services in lieu of directly processing your subscription and credit card information. By submitting your credit card information, you grant us the right to store and process your information with the third-party payment services.

  5. 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.

  6. All financial matters regarding your information are subject to the conditions of the third-party payment service providers’ terms of service. 

Products and Pricing

  1. All products listed on our sites (“Products”), their descriptions, and their prices are subject to change. We reserve the right to modify, suspend, or discontinue the sale of any product, with or without notice.

  2. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we will issue a refund to your credit card account in the amount of the charge, including any shipping fees.

Loss/Damage Claims Notice Period

  1. For loss/damage claims, you must notify us within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged. Please contact our Customer Care team by emailing hello@shopashima.com.

Shipping Information

Shipping Date(s)

  1. Unless priority mail is selected, we ship most of our packages via USPS Media or First Class Mail. Shipping date(s) and/or arrival times are estimates and are not guaranteed. We reserve the right to make deliveries in installments if you order multiple items. We’ll send you an email when your order has shipped.

Returns and Exchange Policy

Returns and Exchanges 

  1. We hope you love our books and products as much as we do. But in the event your order is not what you expected, we honor the following return and exchange policies.

  2. We accept damaged or defective products for exchange only within 7 days of purchase. To complete your exchange, we require a receipt or proof of purchase (email confirmation).

  3. To be eligible for an exchange, you must notify us upon receipt of your item if the products are watermarked, misprinted or otherwise damaged. Send us an email at hello@shopashima.com and include images of the damaged item(s). Once your exchange is approved, we will ship a new item to the address listed in the original order.

  4. In certain instances, we may request that you return the damaged item and we will provide a pre-paid return shipping label. 

 

  • Non-returnable items:

    •  

    • Gift cards

    • Downloadable software products

    • Used products

    • Products with tags removed

    •  

    1. Please contact our Customer Care team by emailing hello@shopashima.com to initiate a refund or an exchange for any damaged or missing products.

    Promotions, Discounts and Giveaways

    Rules and Limitations

    1. Please read the official rules accompanying each special offer, coupon, discount, or contests we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless otherwise specified.

    2. Limit one promotion per order/household unless otherwise specified.

    Accessibility Statement

    1. We are committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable accessibility standards. If you experience any difficulty accessing any part of this website, please contact our Customer Care team by emailing hello@shopashima.com.

    Indemnification

    1. You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).

    2. To the extent possible under applicable law, you hereby agree to indemnify, defend, and hold us, our affiliates, licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of our apps, physical products, and/or your account(s).

    3. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

    Miscellaneous

    1. Availability: While we endeavor to keep downtime to a minimum, we can't promise that this Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site or the Services.

    2. Linked Websites: This Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Ashima monitors or endorses these websites. Ashima does not accept any responsibility for such websites. Ashima shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.

    3. Internet Software or Computer Viruses: Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. Ashima shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or the Services or your downloading of any of User Materials or other content from this Site. We recommend that you install appropriate anti-virus or other protective software.

    4. Our Materials: This Site and the Services are owned and operated by Ashima in conjunction with others pursuant to contractual arrangements. Ashima may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "Ashima Materials") available to you from this Site or the Services, from time to time. If you download or use our Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Ashima’s prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. Ashima does not transfer either the title or the intellectual property rights to the Ashima Materials and retains full and complete title to the Ashima Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Ashima Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any Ashima Materials into a human-perceivable form. Ashima (or its licensors, as applicable) own all related trademarks, copyrights and logos, and you agree not to copy or use them in any manner. This website, (including its organization and presentation and Ashima Materials) is the property of Ashima and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names and other similar rights.

    5. Your Materials: By any posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Materials") to this Site or the Services by you or at your direction, you are granting Ashima, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a limited and non-exclusive license to use such User Materials in connection with the operation of this Site and the Services, including, a right to copy, distribute, post, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Materials. You will not be compensated for any User Materials. By posting User Materials on this Site or the Services, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third-party rights rests solely with you. You are solely responsible for your User Materials. 

    6. SITE, SERVICES AND MATERIALS PROVIDED "AS IS". THIS SITE, THE SERVICES AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN ("MATERIALS") ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ASHIMA DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

    7. LIMITATION OF LIABILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL ASHIMA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN EVERY EVENT, ASHIMA’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE, THE SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS. THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASHIMA TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY ASHIMA, ASHIMA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    8. Term & Termination. Ashima may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Ashima shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Service at any time or from time to time. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services. Your obligations under these Terms of Use will survive the termination of these Terms of Use.

    9. Notice: If you need to contact us regarding this Site, the Services or these Terms of Use, please email us at hello@shopashima. You can also contact us via mail addressed to:
      Ashima Inc.
      1720 Malabar Road, Malabar FL 32950 USA

    Severability

    1. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

    Amendments

    1. At any time, we may amend these Terms of Use by modifying, deleting and/or adding any portion thereof.

    2. If we make a material amendment to these terms of use, we will post notice of such amendment on the web sites covered by these Terms of Use or via the relevant App store or the App itself. Any modifications will take effect immediately. Although we may try to notify you about these changes (for example through our Site or App), it is your responsibility to review these Terms of Service from time to time. If you continue to use our service, you confirm your acceptance of these modifications.

    3. These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to personal jurisdiction by the federal and state courts located in the County of Brevard, Florida, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

    4. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Florida or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

    5. All parties agree to first attempt to negotiate any disputes informally for at least thirty (30) days before initiating any arbitration.

    6. The PARTIES agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

    7. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

    8. These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub- licensable by you except with Ashima’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.