Term and condition

Welcome to www.funstation.in (“Funstation/Website”). By registering with this website and using this website and its associated applications, you are agreeing to become a Member (“Member/User/Customer”) and agree to be bound by the terms and conditions of this agreement outlined in this Terms of Use (“Terms of Use”) with respect to the website. These Terms of Use constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website. This Terms of Use may be amended from time to time by us without specific notice to you. The latest Terms of Use will be posted on the Website, and you should review this Terms of Use prior to using the Website at each instance. Your use of the Website and services are governed by the following Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with the Funstation and these terms and conditions including the policies constitute your binding obligations, with the Funstation. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a subscriber on the Website by providing information on the Website using the computer systems. There is no registration process and Funstation allows the User to surf the Website or subscribe without registering on the Website. The term "We", "Us", "Our" shall mean the Funstation.

Funstation is a trademark of Funstation. LEGO (“LEGO®”) is a trademark of the LEGO Group of a company, which does not sponsor, authorize or endorse this site. The site enables you to rent LEGO sets via Funstation (the “Service”). 

YOU MAY NOT BECOME A MEMBER OR USER IF YOU ARE UNDER THE AGE OF 18 OR YOU ARE NOT ABLE TO FORM LEGALLY BINDING CONTRACTS. FUNSTATION RESERVES THE RIGHT TO REFUSE MEMBERSHIP TO UNDERAGE USERS. FUNSTATION RESERVES THE RIGHT TO AMEND, REMOVE, OR ADD TO THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY. ACCORDINGLY, PLEASE CONTINUE TO REVIEW THESE TERMS AND CONDITIONS OF USE WHENEVER ACCESSING OR USING THIS SITE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER OR PAY FOR THE SERVICE.

PRIVACY

Funstation does not sell, rent or exploit the information provided by you for marketing purposes and/or for any further monetary benefit otherwise. The personal information you provide Funstation will be stored on secured computers and/or servers. You consent to the use of this information to create a profile of interest in renting LEGO sets, preferences and browsing patterns that will allow you to participate in the Service.  See “Personal Information” for more details.

SERVICES AND LIMITATIONS

Funstation relies on the integrity of member and the accuracy of information they provide. The responsibility for providing inaccurate information lies on the contributing Member and NOT on Funstation.

Funstation ensures that a set is sent in a clean condition and each LEGO set is thoroughly sanitized before shipping, yet Funstation cannot guarantee the set(s) condition following the shipping process. Each order will contain applicable books and/or user manual and/or instruction book/manual, the same will either be original or be re-printed and spiral bound in-house by Funstation. The said books/manuals will either be new or in used condition.

Funstation will not charge any member for normal loss of pieces. Normal loss is defined as loss of pieces as defined in the table below for individual “LEGO 4+” and “Duplo” bricks. Any sets rented and returned and found to be missing pieces as defined in the table below will incur the 10 times of one 28 days rental cycle charges of the set(s). Special pieces i.e. Minifigure, Electronic Part, Building Instruction Manual (Original/Photocopy), Brick Separator are not included within the normal loss of pieces definition. These pieces have an estimated cost as defined in the below table. Funstation reserves the right to forfeit any outstanding balance of interest free security deposit after an account has been closed for non-payment or non-return of Company assets in addition to other rights of recovery available to the Company under applicable law or equity by engaging a lawyer.

LEGO (4 + Age)

Missing item

Penalty per item

0-5 normal pieces

Nil

More than 5 pieces

59

Building Instruction

472

Separator

472

Any part of minifigure or full

590

Electronic part

5900

More than 30 pieces 

10x of Rental Cost

   

DUPLO

Missing item

Penalty per item

Pieces

590

Building Instruction

472

Any part of minifigure or full

590

Electronic part

5900

More than 5 pieces 

10x of Rental Cost

Any gifts subscription that is applied to an existing account is converted to credit for the total amount paid for the gift. Gift credit cannot be transferred between accounts or refunded.

Referral Balance and Usable Balance are non-refundable and can be consumed only against renting of LEGO set(s).

ORDER AND SHIPPING

Order is placed after receipt of the payment of Interest Free Security Deposit and Rental Charges by Funstation. Member can cancel the order until it is not shipped and tracking number is not generated, subject to 5% deduction towards cancellation charges. Order cannot be cancelled once the Tracking Number gets generated. In the event the Member/User still wishes to cancel the order post generation of Tracking Number, the same shall be done by initiating the return process and no refund of monthly rental charges paid will be done. Any change in delivery address after shipment of order will attract a charge of Rs.99/- towards realignment.

Members receive all sets via a shipping carrier. Funstation does not require signatures or other methods of verifying delivery. It is the member responsibility to ensure there is a safe and secure place for delivering the member requested sets. Funstation is not responsible for the shipment once it has been delivered to the member’s residence. The member or user is responsible for the return of Funstation rental property. On 25th days of the rental cycle the return label will be available for download from my order section. In the event the User wishes to return early, the return label will be available for download from my order section upon initiation of return by the User. The member or user is responsible for all shipping costs incurred to Funstation as a result of using a different unapproved shipping method. The member or user will incur additional costs if residence pick up request is initiated.

Funstation Only Ships to all the States of Republic of India at this time.

All shipping terms are subject to change at Funstation sole discretion.

PAYMENTS

You the User/Member represent and warrant that if you are making any payments to us that: a) any credit, debit, net banking, or any other mode of online transfer, information provided by you is true and complete b) charges incurred by you will be honored by your credit card/debit card/banking company, and c) you will pay the charges incurred by you at the posted prices, including any applicable taxes. You are also agreeing to be in compliance with our policies of payments and refunds. While availing the payment method(s) available on the Website, Funstation shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to Lack of authorization for any transaction/s, or Exceeding the present limit mutually agreed by You and between "Bank/s", or Any payment issues arising out of the transaction, or Decline of transaction for any other reasons. All payments made against the purchases/services from Funstation by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate a payment with respect to any other form of currency. By making a payment, you have specifically authorized Funstation and/or its service providers to collect, process, facilitate and remit payments. You understand, accept and agree that the payment facility provided by Funstation is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment for the transactions on Funstation Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing this Payment Facility, Funstation or its service providers are neither acting as trustees nor acting in a fiduciary capacity with respect to the payment. Except for the Security Deposit transactions, refund, if any, all refunds shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). • Refund shall be subject to Customer complying with our policies. You may have the right to initiate a chargeback request in accordance with the terms and conditions of Your debit or credit card scheme or your bank account. Please note that Your chargeback request will be processed by Your debit/ credit card provider or your bank and not by Us. Therefore, We bear no liability for the processing of the chargeback requests. We reserve the right to review Your Account and subscription and payment history pursuant to a chargeback request, in order to determine the occurrence of fraud. If We have any reason to believe that there has been fraudulent activity on Your Account, We reserve the right to terminate, block or suspend You or Your subscription with immediate effect. You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the website. You waive your right to dispute any payment made into Your Account and you will bear all costs. 

RETURN OF SECURITY DEPOSIT

Upon receipt of intimation of verification by Funstation of return of LEGO set(s) rented by You, You can initiate withdrawal from Wallet Section on your My Account Page.  All charges are final. Refund requests are reviewed on a case by case basis. If a refund is issued it will require a 7 – 10 working days processing window before they are visible to the member or user or You.

 

SET RETURN POLICY

In order to provide a high-quality service to our customers, it is important that LEGO sets be kept separate from one another. When pieces from one set are mixed in with pieces from another, neither of those sets are available to other customers. All set(s) and instruction books are shipped in packaging designed to protect the LEGO pieces and instruction books and keep them separate from other sets during shipment. Sets must be returned in the packaging in which they were shipped and cannot be returned co-mingled (e.g., with LEGO pieces from one set mixed up with LEGO pieces from another set). Sets returned in a co-mingled condition will be assessed a fee of up to the full replacement cost for each set.

EARLYRETURN DISCOUNT POLICY

Upon early return of LEGO set i.e. within a period of 14 days of receipt of order, the User/Member is entitled to 10% off on renting of next LEGO set. Maximum discount is 10% of the monthly rental charges of the returned LEGO set, subject to the new LEGO set being ordered for rent within 24 hours of the initiation of return request. However the new LEGO set will be dispatched only upon receipt and verification of the returned order.

SET PRICE CHANGE POLICY

Set prices are subject to change without notification. If a set price changes after your set has been placed in your cart, the item will be honored at the initial queue price subject to Funstation’s sole discretion. Prices may change based on market conditions, status of the set and or general availability. Funstation does not notify members of price changes.

MEMBERSHIP SIGN-UP

All memberships require a unique email address and mobile number. 

MEMBER RESPONSIBILITIES

You understand that Funstation does not in any way screen its Members save and except screening of PAN Number and Aadhar Number provided for KYC verification, nor does it attempt to verify the information posted by its Members. Funstation makes no representations or warranties as to the conduct of Members and their interaction with your LEGO sets. In no event shall Funstation be liable for any damages whatsoever, whether direct or indirect arising out of the use of the service. You understand that Funstation makes no guarantees, either expressed or implied, regarding the LEGO sets you rent through the service. You are solely responsible for the content or information you publish on the service. You will not post on the service inaccurate, abusive, offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). We reserve the right, but we have no obligation, to reject any information or photo that does not comply with the prohibitions sets forth in this section. Funstation reserves the right to refuse service to anyone, at our sole discretion.

CODE OF CONDUCT

As a user or Member of this service, you agree:

  1. I will return the sets broken down after I’m finished with my rent cycle.
  2. I will notify Funstation of any damage or missing pieces that were lost during the time I rented the LEGO sets and understand that I might be charged the full amount of the sets to replace it.
  3. I will count my pieces as a result of organizing them in advance of building to ensure I have all the needed pieces to complete my build. In case of any discrepancies I will notify Funstation within 24 hours of the receipt of the set, failing which I understand that I have waived off my right towards the same.
  4. I will not post or send any content or engage in any conduct that subjects Funstation to any threat of civil or criminal penalties.
  5. I understand that negative posts via any social media sites that are managed by Funstation are subject to removal if internally deemed untrue or inappropriate.
  6. I assume all liability for use of any information I find on the Funstation website.
  7. I have the authority to enter into this agreement by being at least 18 years of age.

INTELLECTUAL PROPERTY

This website and all content contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the India and other countries. Funstation is also protected as a collective work or compilation under Indian Copyright and other laws and treaties. All individual elements making up the site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Copying any content from this site to any other site, or reselling, distributing, or publishing that content in any way is prohibited. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold Funstation harmless from and against any and all costs and damages incurred by Funstation as a result of such violation. Any photos or descriptions submitted on the website become the property of Funstation and you assign to us, with full title guarantee, all copyright with respect to any information and photographs that may be used for promotional or other purposes.

DISCLAIMER AND LIMITATION OF LIABILITY

Use of Funstation and any information obtained from the website is at sole risk of the Member/User. Funstation shall not be liable for any loss, punitive, incidental or consequential damages or any claim against Funstation by any other party. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FUNSTATION, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF FUNSTATION HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS OF SERVICE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Funstation be liable for any amount in excess of the Monthly Charges of Services paid by the User/Member.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by the Company on this Website, but the Company is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website. Information and related materials are subject to change without notice. The information from or through the website is provided ''as is,'' ''as available,'' and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any direct or indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. No advice or information, whether oral or written, obtained by you from us through the website shall create any warranty, representation or guarantee not expressly stated in this terms of use.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. we will not be liable to you for any direct or incidental, special or consequential damages of any kind that may result from use of or inability to use our website or in connection with these terms of use, even if user has been informed in advance of the possibility of such damages. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any products, services or information.

We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your information in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at www.funstation.in. If you object to your information being transferred or used in this way please do not use the website.

Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Company.

INDEMNIFICATION

You, the User/Member agrees to indemnify and hold harmless Funstation, its proprietor, partners, officers, directors, shareholders, and agents, as the case may be, from any damage suffered directly or indirectly as a result of your use of its service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Funstation cannot and will not act as a mediator or arbitrator between Members and/or any third party in any dispute arising from the use of the Service.

RIGHT TO ASSIGN

Funstation may assign its rights to this Agreement without the User’s/Members’ consent. If Funstation assigns its rights, is sold to another entity, or enters into an agreement with another company to share information, Funstation or its successor will give notice to the User/Member who may opt out by terminating his or her membership.

LEGAL ACTION AND ENFORCEMENT OF THIS AGREEMENT

If a dispute arises between any User/Member of the website and Funstation, any legal action will be brought exclusively in the competent courts of Navi Mumbai, Maharashtra, India, in accordance herewith and the laws of India shall apply without regards to any conflict of laws and other choice of law considerations. By using or continuing to use the services of Funstation, User agrees to the terms and conditions of this Agreement.

PRIVACY POLICY

Funstation values your privacy. The Privacy Policy outlined on the Privacy page explains how Funstation treats the information collected when you visit the website and/or sign up for the retention service.

PERSONAL INFORMATION

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

To send you email reminders about various activities or services, Funstation requires your e-mail address and you consent to provide the same. Funstation will also request your name, address, and telephone number to send you the LEGO sets your builder is craving and consent to provide the same. Funstation does not collect any other personally identifiable information that you do not expressly provide. Funstation will never sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. Funstation may share your personal information for the purpose of delivering an e-mail to you, obtaining a debit that is outstanding or as required by law. It is expressly agreed and you consent to provide your PAN Number and Aadhar Number for KYC verification and screening purpose and you further consent to enter the same in the API provided on Funstation website by its technology partner/provider for PAN Number and Aadhar Verification.

USAGE INFORMATION

In addition to collecting personal and non-personal information, Funstation may also collect non-personal, aggregated information about member’s use of the website. This information is not personally identifiable and will only be used to find out how members use the Funstation service and website. For example, this information will tell us how much time users spend on our site, from which other sites members came, and to what other sites subscribers go.

CHOICE/OPT-OUT

As a condition of using the website and opening an account you have chosen to opt in for any electronic communication. Services that you did not expressly request, Funstation requires a written notice to remove yourself from the mailing address by which you may request select future notices.

A user cannot opt-of communication if product liability remains within the customer’s possession. Possession is defined as i) Non-returned Lego brick sets ii) Outstanding balance owed to Funstation for services rendered.

TRACKING

Like most sites, Funstation makes use of browser “cookies.” Cookies are small text files placed on your computer’s hard disk by Funstation server. They allow Funstation to quickly check your status as a member so Funstation can take you directly where you want to go. IP Addresses or other passive information collection technologies may be used. Funstation will never use cookies to retrieve information from a computer that is unrelated to our site or services. Cookies might be used for advertising purposes. Funstation reserves the right to share tracking information to enhance the users experience towards customizing content.

LINKS TO OTHER SITES

As part of the service, Funstation may create links allowing you to access third party sites. Funstation is not responsible for the content that appears on those sites and does not endorse these sites. Funstation suggest you consult those sites’ individual privacy policies in order to determine how they treat user information.

SECURITY

All information described in this privacy policy is stored on restricted database servers. In the event that there is any type of security breach, Funstation will notify its members via electronic communication within 90 days of confirming the extent of the breach. Funstation subscribes to encryption technology to include the latest SSL transmission.

MODIFICATION TO THIS POLICY

Funstation may change this policy at any time without notice. This Terms of Use may be amended from time to time by us without any notice to you. The latest Terms of Use will be posted on the Website, and you should review this Terms of Use prior to using the Website at each instance. The user terms do not require reaffirmation annually upon initial acceptance.

CONTACT US

If you have any questions about this policy or our site in general, please contact us or call us at

.