Membership Terms And Information

Prices and payment methods

This page tells you the terms and conditions for online membership of moshimonsters.com ("Membership"). Please read these terms and conditions carefully and make sure that you understand them before purchasing a Membership through our site. You should understand that by purchasing a Membership and becoming a member ("Member"), you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference as we may not keep a copy for you.

Please click on the checkbox at the end of the Moshi Monsters Secure Payment Page if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to purchase a Membership from our site.

1. INFORMATION ABOUT US

1.1 We operate the website moshimonsters.com. We are Mind Candy Limited, 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 GB848891268. Our associated company is Big Bad Bill Inc., a company registered in the US with a registered office at 2711 Centerville Road, Suite 400, Wilmington, Delaware, DE 19808-1645, USA. Mind Candy Limited and Big Bad Bill Inc. are wholly owned subsidiaries of Mind Candy Inc., a Delaware corporation. References in these terms and conditions to 'We' is to Mind Candy Limited and/or Big Bad Bill Inc., as the case may be. Email: members@moshimonsters.com

Telephone: (888) 311-9576 in the U.S. or +44 20 7193 5294 outside of the U.S.

Customers who select the UK or another country in the EU as the country where they live will be contracting with Mind Candy Limited. Customers who select the US, Canada, Australia, New Zealand or the rest of the world (other than the UK or another country in the EU) as the country where they live will be contracting with Big Bad Bill Inc.

2. YOUR STATUS

2.1 If you are under the age of majority in your province or territory of residence you will need permission from an adult to set up a paid account on Moshi Monsters.

2.2 By purchasing a membership through our site, you confirm you are over the age of majority in your province or territory of residence or have parental permission.

2.3 We reserve the right to cancel Membership accounts which have not been purchased by the bank account holder.

3. HOW THE MEMBERSHIP CONTRACT IS FORMED BETWEEN YOU AND US

3.1 To become a Member, you will be guided through following steps

  • Select the country where you live;
  • Select one of the following Membership options:
    • one month recurring;
    • six month recurring;
    • twelve month recurring; or
    • twelve month single payment
  • Select the payment method from (i) credit/debit card or (ii) PayPal;
  • You will then be taken to the Moshi Monsters Secure Payment Page where you will need to enter your account information and accept these terms and conditions;
  • You will receive a message saying your payment is being processed;
  • You will receive an email confirming receipt of the payment.

3.2 The contract between us will only be formed when we send you an email confirming receipt of the payment.

4. PRICES AND ADDITIONAL CHARGES

4.1 We determine the price of Memberships and the price notified to you in the subscription process will be the current price for that subscription; we reserve the right to change the Membership prices from time to time. We may run promotional offers where we sell memberships at discounted prices or offer packages of different lengths from time to time.

4.2 In the event we make changes to the price of your Membership, we will give you at least one month's notice by email. This applies to one month recurring, six month recurring and twelve month recurring Memberships only. Any changes to the price of single payment twelve month Memberships will only apply to customers who sign up for a new single payment twelve month Membership following the date of the price change.

4.3 The current prices of Memberships for re-joining Members are notified to you during the Membership subscription process. As for new Members, re-joining Members will pay the current prices as notified in the Membership subscription process (subject to the changes from time to time noted above). We are not obligated to offer you the same price as your previous Membership, nor any price which may have been available to new Members during your previous Membership.

4.4 Membership fees are inclusive of VAT or equivalent local sales tax.

4.5 Credit card providers may require you to pay additional charges for cross-border Membership transactions ("Credit Card Charges"). Credit Card Charges are your responsibility. We do not receive Credit Card Charges and are not responsible for them. Please contact your credit card provider for more information.

5. PAYMENT METHODS

5.1 Memberships can currently be purchased using the following currencies:

  • in Pounds Sterling (GBP) for customers in the UK (excluding Eire);
  • in Euros (€) for customers in the EU;
  • in Australian Dollars (AUD) for customers in Australia;
  • in New Zealand Dollars (NZD) for customers in New Zealand;
  • in Canadian Dollars (CAD) for customers in Canada; and
  • in US Dollars (USD for customers in the US and in the rest of the world (other than the EU, Australia, New Zealand and Canada).

5.2 All Membership purchases are processed by secure payment processors. Membership purchases will be displayed on your billing statement as "MCL*MOSHIMONSTERS.COM", "MCI*MOSHIMONSTERS.COM", or "PAYPAL *MOSHIMNSTRS".

5.3 Membership fees for countries outside of the UK, EU, Australia, New Zealand, Canada and the US will be converted to the currency where the customer is based at the time of online purchase by the customer's financial institution or credit provider.

5.4 We accept a variety of different payment methods and will continue to expand the range in the future.

6. CANCELLATION POLICY

6.1 You can cancel your one month recurring, three month recurring, six month recurring, twelve month recurring at any time by:

  • logging into your Moshi Monsters account, clicking your username in the top-right corner of the screen, then clicking the "Membership details" tab and finally clicking on the link that says "click here to cancel your membership";
  • (for Paypal customers only) logging into your Paypal account and cancelling the recurring billing profile associated with Moshi Monsters; or
  • contacting our customer service team at members@moshimonsters.com

6.2 Twelve month single payment Memberships are for a set period of twelve months and cannot be cancelled.

6.3 On cancellation of your one month recurring, three month recurring, six month recurring or twelve month recurring Membership, we will cease taking payments from your account. You will remain a Member until the last day of the period which you have paid for and you will not receive a refund of your payment for that period.

6.4 If you have a twelve month recurring Membership we will send you a reminder one month before your next payment is due to remind you of your right to cancel your Membership.

6.5 We reserve the right to cancel any paid up twelve month recurring Membership package if you have not logged into your Moshi Monsters account for a period of more than three consecutive months.

6.6 We reserve the right to cancel any paid up membership without a refund upon breach of the site terms and conditions

7. REFUNDS

Memberships are non-refundable and non-transferable.

8. CHANGES TO MEMBERSHIP PACKAGES

8.1 Membership packages can only be changed through:

  • Cancellation; or
  • Repurchase.

8.2 Membership packages may not be changed through transferral or renewal.

9. MEMBERSHIP EXPIRY

9.1 All one month recurring, three month recurring, six month recurring and twelve month recurring Membership packages automatically renew to ensure uninterrupted service unless you cancel your one month recurring, three month recurring, six month recurring or twelve month recurring Membership package as described above.

9.2 Twelve month single payment Membership packages will not automatically renew and will expire at the end of the twelve month period.

10. MEMBERSHIP BENEFITS UPON MEMBERSHIP EXPIRY OR RENEWAL

All in-game Membership benefits will be stored and reinstated upon Membership renewal.

11. MEMBERSHIP CARDS

11.1 A membership to moshimonsters.com can be purchased by buying a one-, three- or six-month membership card (“Membership Card”) from the Moshi e-store or participating retailers.

11.2 The basic version of the moshimonsters.com website is free. Membership entitles the member to access a range of features available to members only, including but not limited to virtual spaces and rooms, character features and styles, and more. For more details see http://www.moshimonsters.com/membership.

11.3 Membership Cards must be redeemed on the monshimonsters.com website in exchange for a Moshi Monsters membership, full value of Membership Card will be redeemed on activation. If you are not a member of moshimonsters.com you will be asked to create an account before you are able to activate your Membership Card.

11.4 All data collection is subject to Mind Candy Limited’s privacy policy (see http://www.moshimonsters.com/privacy). The moshimonsters.com website is hosted and operated by Mind Candy Limited (a London, UK company) and associated company Big Bad Bill Inc. (a Delaware, USA corporation) on servers in the UK. Mind Candy Limited and Big Bad Bill Inc. are wholly owned subsidiaries of Mind Candy Inc., a Delaware, USA corporation (collectively, “we” or “us”). By registering with moshimonsters.com, you agree that we may collect the personal information you provide to us. Such personal information may be transferred to our offices and stored on servers in the UK and the USA. You agree that by providing us with your personal information, your personal information may be subject to access requests from, and may be disclosed to, governments, courts or law enforcement in the UK and/or USA in complying with UK and/or USA laws, regulations and court orders.

11.5 All activity on moshimonsters.com and all memberships are subject to the website terms and conditions and the membership terms and conditions as displayed on moshimonsters. Mind Candy Limited reserves the right to change such terms from time to time.

11.6 Title to Membership Cards and risk of loss and damage passes to purchaser on delivery.

11.7 Except to the extent required by law, Membership Cards are not for resale, non-transferable, non-refundable, non-exchangeable, and not redeemable for cash, credit or other goods or services.

11.8 Membership Cards have no expiration date – there is no date after which the Membership Cards cannot be used for the making of non-cash payments, as long as moshimonsters.com is in service.

11.9 Memberships to moshimonsters.com purchased with membership cards will not automatically renew, and shall only be valid for the amount of time specified for the membership card purchased. Once your card membership expires you may still access your account (i.e. your “monster”) in connection with the free features of the website, but you will not have access to paid membership-only areas and character features, until such time as you renew your membership.

11.10 If you experience problems activating the card, please contact help@moshimonsters.com: you may be asked to provide proof of purchase.

11.11 Activity on moshimonsters.com requires compatible software and hardware and a broadband internet connection (each sold separately and the user is responsible for associated costs).

11.12 Mind Candy Limited is not responsible for loss or damage resulting from any lost or stolen Membership Cards, or use without your permission.

12. SITE SECURITY

12.1 We use PCI DSS compliant third party payment providers and we do not store any credit card or bank account information.

12.2 All credit card and bank account data transferred between the Moshi Monsters website and our payment providers is encrypted prior to transmission in accordance with industry secure payment standards.

13. LIMITATION OF LIABILITY

If either of us fails to comply with these Terms and Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms and Conditions at the time we entered into this contract with one another. 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.

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.

14. COMMUNICATIONS

You accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by making it available on moshimonsters.com. You agree to this electronic means of communication.

15. GENERAL

15.1 If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

15.2 A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

15.3 These Terms and Conditions contain the entire agreement between us in relation to your Membership. You acknowledge that you have entered into these Terms and Conditions without relying upon any promises or statements other than those specifically set out in these Terms and Conditions. Use of moshimonsters.com as a Member remains subject to the site terms and conditions.

15.4 These Terms and Conditions shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.