GENERAL TERMS AND CONDITIONS
Updated 30th November 2018
1. Who are you and what is this about?
Welcome to our world! We are Mind Candy Limited, a family entertainment company that creates extraordinary brands with online games at their heart. We are a company registered in England and Wales under company number 05119483 and with our registered office at 4th Floor, Bonhill Building, 15 Bonhill Street, London, EC2A 4DN UK. Our VAT number is GB252964288.
Customer Services: firstname.lastname@example.org
We operate the Moshi Twilight Sleep Stories mobile app ('App'). When you use or sign up for our App we ask you to agree to these Terms of Service (‘Terms’ for short). This way you know what to expect from us and what we can expect in return.
If you’re comfortable signing up to these Terms, then please join us!
2. What are the Terms of Service?
Where additional terms or policies apply, we will update these Terms to include them. If there are any conflicts between additional terms or policies and these Terms, then these Terms will take precedence.
3. What does it mean?
“Personal Information” means any information that can be used to personally identify you, including information you give to us when you join (e.g., name, email address, physical address) and any information that we collect as you use the App.
“Service” or “Services” means the products and services provided by Mind Candy, including the App, our websites and any other online, offline and/or mobile products and services on or via any platform or technology.
The words “include” or “including” shall be construed without limitation to the words following.
4. I am under 13, can I use the App?
The App is intended for use by parents to assist children to relax and go to sleep. By creating an account and purchasing a subscription to the App ('Subscription') you confirm that you are over the age of majority in your province or territory of residence. We reserve the right to cancel any Subscription that has not been purchased by the bank account holder. If you believe we may have personal information about a child that was not provided with parental consent, please contact us at email@example.com.
5. Do I need to have an account to use the App?
You do not need to have an account to use the App, but you can create one and purchase a Subscription if you wish. A Subscription means you can access the content within your App on an ongoing basis. You can also log in to, and share, your account across three different electronic devices, for example your phone, computer and tablet.
6.How do I create an account and buy a Subscription?
When you have created your account you need to verify your email address by clicking on the link in the email we send you, using the same device that has the App installed on it. If you do not complete this verification within 72 hours we will delete your account and you will need to register again.
To purchase a Subscription open the App and:
· select a content tile with a padlock icon
· select one of the following Subscription plans if available (offers and plans may change from time to time): one week recurring, one month recurring, one year recurring, or lifetime
· enter your relevant details to register and pay for your Subscription through Amazon, Apple or Google as applicable.
When you purchase a Subscription your Subscription begins immediately. At the end of each Subscription period (i.e. a week, month or year depending on the plan you chose), the Subscription will automatically renew and you will be charged again until you cancel the Subscription plan.
If you want to change your Subscription you will need to cancel your current Subscription plan and purchase a new one.
7. How much does a Subscription cost?
All payment transactions are handled by either Amazon, Apple or Google, depending on which device you are using. We do not obtain or store any credit or debit card information. As well as these Terms, your Subscription will also be subject to the terms of your agreement with Amazon, Apple or Google.
We set the price in pounds sterling and then Amazon, Apple and Google determine the price for the country associated with your account. Subscription plans are inclusive of VAT or equivalent local sales tax.
We may change the price for the Subscriptions from time to time and will communicate these price changes before they come into effect. Any changes we make will take effect at the start of your next subscription renewal period after the price change. You will be considered to have agreed to the new price if you keep using the App after the price change. If you are unhappy with the price change you should cancel your Subscription before the change takes effect.
8. How do I use my voucher for the free Trial?
From time to time we may offer a free trial of a Subscription for a specified period, which you can access by using a valid voucher code ('Trial').
To participate in the Trial, you need to create an account as set out in section 6 above by registering within the App with your full name, a valid email address, and password and verifying your email address. Once your account is created, open the App and go into settings / redeem code and enter the valid voucher code to unlock the free Subscription content for the Trial period. At the end of the Trial, the Subscription content you have been able to access as part of the Trial will be locked. If you want to continue to have access to this content you need to purchase a Subscription plan as set out in section 6 above.
We will decide if you are eligible to participate in the Trial and we may change or withdraw the Trial at any time, with or without notice, and with no liability, to the fullest extent permitted by law. In addition to these Terms, the following conditions apply to Trials:
· a voucher code can only be redeemed once
· you can only redeem one voucher code at a time
· voucher codes cannot be transferred or assigned to anyone else.
9. How do I cancel my Subscription?
You must cancel your Subscription plan directly with either Amazon, Apple or Google and follow their instructions, as they (not Mind Candy) are in charge of all billing. You will receive an email from Amazon, Apple or Google confirming your cancellation.
You can cancel your Subscription plan at any time as follows:
· if you are using an Apple device details of how to cancel your Subscription can be found here
· if you are using a Google device details of how to cancel your Subscription can be found here
· if you are using an Amazon device details of how to cancel your Subscription can be found here. Deleting the App will not cancel your Subscription.
When you cancel your Subscription, it remains valid up until the last day of the Subscription period that you have paid for and you will not receive a refund of your payment for that period. If you cancel at least one day before the end of the current Subscription period, cancellation will take effect at the end of that Subscription period.
You will not be able to access Subscription only content when your Subscription ends. If you purchase a Subscription in the future however, this will re-enable all such content.
10. Who do I contact about refunds or a billing dispute?
As Apple, Google or Amazon handle all payment transactions, you will need to contact them in the first instance for any billing dispute or queries as follows: the Apple App Store for iTunes accounts, or the Google Play Store or the Amazon App Store for Android devices.
Our Customer Services are also available at firstname.lastname@example.org.
11.Keep your account safe
Your account will be unique to you. Treat it carefully and keep it to yourself. If we close your account and Subscription because you have broken the rules, you do not have the right to another one.
Here are some commitments you make to us about registering and maintaining the security of your account:
you will not share your password or let anyone else access your account, or do anything that might jeopardise the security of your account
you will ensure that your Personal Information is complete, accurate and up to date
you will not create an account for anyone other than yourself or your child (or a child of whom you are legal guardian) without permission
if we disable your account, you will not create another one without our permission
you will not transfer your account to anyone without first getting our written permission
if you think someone has unauthorised access to your password or account, please let us know immediately at email@example.com.
12. What are my rights when I use the App?
Our Services, including the App, contain software, technology, and proprietary and confidential information that is protected by intellectual property rights and other laws. Content on our Services may be protected by copyrights, trade marks, service marks, patents or other proprietary rights and laws.
Mind Candy grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive licence to use the App on your device in accordance with these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the App in the manner permitted by these Terms.
You do not obtain any other right or interest in our Services or in or to Mind Candy’s assets.
13. What are your rules when I use the App?
Everyone is welcome to use our App and we want everyone to enjoy being part of our trusted community.
We need everyone to commit to the following rules:
You must follow these Terms when you use the App
You will not use the App in any way: (i) that breaches any applicable local, national or international law or regulation; or (ii) that is unlawful, fraudulent, or misleading
You will not use the App for any commercial purposes without our prior written permission
You will only download the App for your sole, personal use and will not sell on or pass the App to a third party (save for your child, or a child of whom you are legal guardian, as noted above)
You will not impersonate or falsely state your affiliation to any person or organisation
You will not create more than one account without our prior written consent
Except as expressly permitted by applicable law or authorised by Mind Candy, you will not use, distribute, reproduce, modify, copy, adapt, publish, translate, create derivative works from, rent, sell, publicly perform or publicly display any part of our App, Services, or included platform or software, nor may you reverse engineer, decompile, disassemble or attempt to extract the source code of that platform or software
You will not infringe Mind Candy’s or any third party's copyright, patent, trade mark, trade secret or other intellectual property rights
You will not send or otherwise post unauthorised commercial communications (such as spam) on or through the App
You will not collect users’ content or information, solicit login information or access an account belonging to someone else
You will not misuse the App. For example, you will not interfere with the App or try to access it using a method other than the interface and the instructions that we provide, such as using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission
You will not do anything that could disrupt, disable, overburden, or damage the proper working of the App, such as a denial of service attack
You will not upload viruses or other malicious code
You will not use the App for anything that is abusive or does not comply with our content standards
You will not facilitate or encourage any violations of these Terms
The following content standards apply to your use of the App, including any content you post as part of our Services (if applicable):
· any content must be accurate, genuinely held (where you state an opinion), and comply with all applicable laws and regulation
· you will not bully, intimidate, or harass any user
· you will not act in a manner, use the App in any way, or post any content, that is hateful, threatening, defamatory, pornographic, obscene, or discriminatory; promotes violence; contains graphic or gratuitous violence; or is otherwise offensive or objectionable.
If you break any of the above rules, or if we are investigating suspected misconduct, we may suspend or stop providing the App to you or close your account and Subscription immediately. We may refuse use of our Services or App without providing reasons.
14. What are Mind Candy’s rights?
We are constantly changing and improving our Services, including the App. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
Occasionally, we may have to:
· interrupt our Services; if we do so, we will restore it as quickly as we can
· make changes to certain technical specifications and product features.
We may automatically download software updates on your computers and devices from time to time, in order to improve, repair or modify our Services. We will try to give you a choice as to whether or not to install the update. However, in certain circumstances (for example, where there are security risks), we may require you to install the updated version of the App and accept any new terms before you can continue using the App.
In addition to our other rights, we may also stop providing our App to you or add or create new limits to the App. If we discontinue the App, where reasonably possible, we will give you advance notice.
15. What about other people’s rights?
We respect other people’s rights, and expect you to do the same. You will not take any action on our Services, including the App, that infringes or violates someone else’s rights or otherwise violates the law.
You may not use content from any of our Services, including the App, unless you obtain permission from us or its owner or are otherwise permitted by law.
Our Services display some content that is not owned by Mind Candy. This content is the sole responsibility of the entity that makes it available. Branding, trade marks, service marks, logos and content used in the App may belong to Mind Candy or other persons. These Terms do not grant you the right to use them.
If you see something that you think is an issue and want to notify us, please send an email to us at firstname.lastname@example.org.
16. How do you use my Personal Information?
Where applicable laws require, we will comply with legitimate requests by authorities or court orders to disclose your information.
17. Do you serve advertisements in your App?
No we will not show ads in our App.
18. Will you change your Terms?
We will certainly have to update our Terms in the future, for example due to ongoing improvement and other changes in our Services and changes to the laws that apply to us and you.
When we update our Terms, we will try to give you advance notice by posting the change in the App. You should look at these Terms regularly.
Where we reasonably believe that a change is likely to cause you material disadvantage, we will try to let you know in advance. However, changes in our Terms that: (i) are more favourable to you; (ii) relate to new functions for the App; (iii) are made for legal or regulatory reasons; or (iv) do not reduce your rights or increase your obligations, will be effective immediately.
If you do not agree to the changes, you should stop using the App. If you continue to use the App after any change is announced, you will be considered to have agreed to the change.
19. What happens if I break these Terms?
If you don’t keep to the rules set out here, it’s up to us how we respond, but we may stop you using your account and cancel your Subscription, without a refund.
If you break these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Services to you with or without notice, and you may lose your account. In all such cases these Terms will come to an end.
Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.
20. How is my account closed?
You can stop using our App at any time, although we will be sorry to see you go. If you wish to stop using our App and close your account and Subscription, you should follow the instructions within the App settings or contact email@example.com . Simply deleting the App will not terminate your Subscription.
We may suspend or close your account and Subscription at any time, with or without giving notice, including for the following reasons:
if you break these Terms or are in breach of an obligation to us, in which case we will not offer you any refund for your Subscription
your account is inactive for an extended period of time
we suspend or discontinue all, or part of, our Service
suspected unauthorised or fraudulent use of your account
unexpected technical or security problems.
Where we reasonably can, we will let you know in advance.
21. What are Mind Candy’s responsibilities and liability when you provide the App?
We provide the App using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we do not promise about the App.
We provide our Services “as is”. Other than as expressly set out in these Terms, neither Mind Candy, our subsidiaries nor affiliates makes any specific promises about the App. For example, we do not make any commitments about the content within the App, the specific functions of the App or its accuracy, reliability, availability or ability to meet your needs. We do not guarantee that our Services will be uninterrupted or that they will always be available. We cannot guarantee that our Services will be free from bugs or viruses, or never be faulty.
When permitted by law, we have no responsibility to pay you compensation for financial loss, indirect loss, any information which is lost or corrupted, or any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used the App for business purposes.
We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or any other liability that English law does not allow us to exclude or limit.
To the extent permitted by law, you acknowledge that your only remedy with respect to any problems or dissatisfaction with the App or its content, is to stop using the App or such content and uninstall the App.
Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. Please note however, that we are providing the App under English law. Mind Candy Limited and its affiliates, licensors and licensees disclaim any and all warranties and conditions (express or implied) to the fullest extent permitted by law.
If you are using the App for a personal purpose then nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.
22. What are my responsibilities for damage if I misuse the App?
You will ‘hold harmless’ and repay Mind Candy in relation to any claims, losses, costs and liabilities arising from any legitimate claims a third party may make because of your use or misuse of the App.
23. I have a great idea and I want to share it with Mind Candy, what are my rights?
If you send any ideas or suggestions to us, you will not be paid or rewarded for them and we can use them in any way we wish.
If you submit any ideas, suggestions, proposals, or documents to Mind Candy (together, “Contributions”), you agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Mind Candy is not under any obligation of confidentiality regarding those Contributions; (iii) Mind Candy may have something similar to the Contributions already in development or under consideration; (iv) Mind Candy may use or disclose (or not) such Contributions for any purpose in any way; (v) your Contributions automatically become the property of Mind Candy without any obligation of Mind Candy to you; and (vi) unless otherwise specifically agreed with us in writing, you are not entitled to any payment, compensation or reimbursement of any kind from Mind Candy under any circumstances.
24. How do I complain and how do we contact each other?
If you have a problem or complaint about the App, or just want to give us feedback, you can email us at firstname.lastname@example.org.
You accept that communication with us will be mainly electronic. When we have important things to tell you about the App we will use the contact information you provided (e.g. email address) or post them within the App. You agree to this electronic means of communication. You may not opt out from receiving these communications (unless you cancel your account and Subscription and stop using the App).
25. What else do I need to know?
These Terms make up the entire agreement between us relating to the App and any Subscription you may take, and overrides any prior agreements. You acknowledge that you have entered into these Terms without relying upon any promises or statements other than those set out in these Terms.
These Terms are between us and you and are not intended to be for the benefit of, and will not be enforceable by, any third party under the Contract (Rights of Third Parties) Act 1999 or otherwise.
You accept that these Terms are personal to you and agree not to transfer them to anyone else, or to try to do so. We can transfer this agreement to another company provided this does not adversely affect your rights under the Terms.
We will protect the privacy of your account even after you die or are incapacitated. We will not provide your account information or your content to anyone, even next of kin, unless we are legally required to do so.
Sometimes we may not be able to provide you with the App because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we cannot be liable for delays, or being unable to provide you with our Services.
After these Terms come to an end, any provisions of these Terms that either explicitly or by their nature must remain in effect after termination, will survive termination of the Terms.
If any portion of these Terms is found to be unlawful or unenforceable, the remaining portion will remain in full force and effect.
These Terms and our relationship will be governed by the laws of England and Wales and we both agree to the exclusive jurisdiction of the English courts.
26. Mobile network charges
The App may require the use of data access and text messaging and may incur charges from your mobile network provider. You are responsible for all charges that your mobile network provider may apply.