Our Terms & Conditions

WHO ARE YOU AND WHAT IS THIS ABOUT?

    Welcome to our world! We are Mind Candy Limited (we usually call ourselves 'Mind Candy'), a family entertainment 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: egghunt@moshimonsters.com

    We operate the Moshi Monsters Egg Hunt app ('App'). When you use our App you must 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.

WHAT ARE THE TERMS OF SERVICE?

    These Terms form the agreement between us. They include this document, our Privacy Policy, our Cookie Policy, and any additional terms or policies that may apply to our Services in the future. By using our App, you agree to these Terms. Please read them carefully. If you don’t understand these Terms, you should discuss them with your parents. Parents, if you grant permission for your child to use the App, you need to agree to these Terms and make sure your child does as well. You should print a copy of these Terms to keep.

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 save your game data (e.g. email address) and any information that we collect as you use the App.
  • “Service” or “Services” means the products, content 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” are only for illustration and will not limit the sense of the words following.
I AM UNDER 16, CAN I USE THE APP?

    If you are under 16, you need the permission of your parent or legal guardian before you give us your Personal Information and start using the App. When legally required to, we may also contact your parent or legal guardian to get their permission before you provide us with your Personal Information or use the App.

    If you believe we may have personal information about a child under 16 that was not provided with parental consent, please contact us at egghunt@moshimonsters.com.

DO I NEED AN ACCOUNT?

    No, you do not need an account to use the App - the games are free to play.

WHAT ARE MY RIGHTS WHEN I USE THE APP?

    Your copyright

    You may be able to send us your content, for example artwork that we can consider including in Googenheim. You retain copyright and any other rights you already hold in your content that you submit, post or display on or through our Services.

    However, you must give us the limited licence described below, so that we can make your content accessible and usable on our Services.

    This is how you share your content: You grant to Mind Candy, our subsidiaries and affiliates, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, store, distribute, create derivative works from, publicly display, reproduce, and modify the content that you submit, post or display on or through our Services, including for use on any platform or media. If your content is visible to other users (other than in private one to one communications), then this licence continues for an indefinite period and extends to allow us to use it for promotional purposes. Also, if you post your content in a part of our Service that includes functions where multiple users may post, correct, edit or delete items, then by submitting your content to that area, you are allowing other users to use your content in this way. Make sure that you have the necessary rights to grant us this licence for any content you submit to our Services.

    You also need to know that when you make something available on the internet, it becomes almost impossible to take down all copies of it.

    If you think your intellectual property rights have been violated on our Services, please send an email to us at egghunt@moshimonsters.com

    .

    Your limited licence to use our Services

    Our Services, including the App, contain software, technology, confidential information and other content that is protected by intellectual property rights and other laws.

    Mind Candy gives you the right (a personal, revocable, non-transferable, non-sublicensable and non-exclusive licence) to use the App on your device (such as your phone or computer) provided you comply with these Terms and use and enjoy the App in the way we allow.

    In the App you can play games and solve puzzles to earn: (a) virtual currency, such as Rox, or other virtual treats like Monstar points; or (b) virtual in-game items, including Moshlings (together with virtual currency, these are “Virtual Content”). This Virtual Content can only be used in our App and you do not own it. Instead, you can “earn” a limited licence to use the Virtual Content, including software programmes that manifest themselves as these items. Any virtual currency or Rox balance cannot be used as, or redeemed for, money in real life. It is not linked to a real currency and is not electronic money, it just represents the extent of your licence and how you have played the games. Virtual Content must be used or redeemed in-game within 12 months from when it was first created, or it may expire.

    You do not have any other right to our Services or our assets.

HOW DO I USE MY VOUCHER FOR THE FREE VIRTUAL CONTENT?

    From time to time we may offer a voucher that you can redeem for free Virtual Content within the App ('Voucher').

    Open the App and tap the Treasure Chest in the bottom left hand corner to activate your device's camera. You will then be able to scan the valid QR code from the Voucher to redeem the Virtual Content.

    We may change or withdraw the Vouchers at any time, without notice, and with no liability, to the fullest extent permitted by law. In addition to these Terms, the following conditions also apply to Vouchers:

  • A Voucher can only be used once
  • Vouchers cannot be sold, or transferred, to anyone else. You cannot post your Voucher code online for others to use
  • The Virtual Content redeemed with the Voucher can only be used within the App
  • We can suspend or stop providing the App at any time. In such a case, all unused Vouchers will be void and will automatically expire, and you will not be able to use the Voucher to redeem Virtual Content
  • Defaced, mutilated, altered, lost or stolen Vouchers will not be replaced, refunded or redeemed
  • Vouchers cannot be refunded or exchanged for cash.
WHAT ARE YOUR RULES FOR USING 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 agree to the following rules:

  • You must comply with these Terms when you use the App
  • Don’t use the App in any way that breaches any applicable local, national or international law, or that is fraudulent, or misleading
  • You can only download the App for your own personal use (not for any business use)
  • Don’t sell or pass the App to anyone else (except for your child, or a child of whom you are legal guardian, as noted above)
  • Don’t pretend to be someone else or say you’re connected to any person or organisation if you’re not
  • Don’t say content is yours if it belongs to someone else
  • Don't share your real name in the App, or anyone else's. When you pick a Moshling name, pick a made-up name
  • Except as allowed by law or by Mind Candy, you cannot 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. You also cannot reverse engineer, decompile, disassemble or attempt to extract the source code of that platform or software
  • Don’t infringe Mind Candy’s or anyone else's intellectual property rights
  • Don’t send or post unauthorised commercial communications (such as spam) on or through the App
  • Don’t collect or access other users’ content or information without their permission
  • Don’t misuse the App. You will not try to access the App using a method other than the interface and the instructions that we provide, for example by using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission
  • Don’t do anything that could disrupt, disable, overburden, or damage the App, such as a denial of service attack
  • Don’t upload viruses or other malicious code
  • Don’t use the App for anything that is abusive or does not comply with our content standards
  • Don’t assist or encourage any breach 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
  • Don’t bully, intimidate, or harass any user
  • Don’t do anything inappropriate that makes people uncomfortable, or post any content that is mean, illegal, or might hurt someone (we sometimes call this stuff ‘hateful, threatening, defamatory, pornographic, obscene, or discriminatory; promotes violence; contains graphic or gratuitous violence; or is otherwise offensive or objectionable'.)
WHAT ARE MIND CANDY'S RIGHTS?

    We always change and improve our Services, including the App. We may add, limit or remove functionalities or features and we may suspend or stop a Service.

    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 change our Services. We will try to give you a choice about installing the update. However, in some cases (for example if there are security risks), you may need to install the updated version of the App and agree to new terms before you can keep using the App.

    We may withdraw the App at any time, with or without giving notice, including for the following reasons:

  • We suspend or stop all, or part of, our Service
  • Unexpected technical or security problems.
  • Where we reasonably can, we will try to let you know beforehand.

WHAT ABOUT OTHER PEOPLE'S RIGHTS?

    We respect other people’s rights, and expect you to do the same. You cannot take any action on our Services, including the App, that infringes or violates someone else’s rights or otherwise breaks the law.

    Our Services display some content that we do not own and we are not responsible for. Branding, trade marks, service marks, logos and content used in the App may belong to Mind Candy or someone else. You may not use content from any of our Services, including the App, unless you get permission beforehand from us or the owner of the content, or you are permitted by law.

    If you see something that you think is a problem and want to let us know, please send an email to us at egghunt@moshimonsters.com.

HOW DO YOU USE MY PERSONAL INFORMATION?

    We care about the security of your Personal Information. Our Privacy Policy explains how we will store, use and share your Personal Information and how you can control and delete it. Please read our Privacy Policy

    We will comply with legitimate requests by authorities or court orders to disclose your information if the law requires us to.

HOW IS MY CONTENT DELETED?

    You can contact us at egghunt@moshimonsters.com if you have questions about deleting your content.

    We may remove any content or information you post on or via our Services if we believe that it violates our Terms or is otherwise objectionable. Certain content that you send through our Services (such as discussions in chats, if applicable) may or may not be removed at our discretion. This is to ensure the continuity of discussions and the contributions of the Mind Candy community. Please note that content that is deleted from our Services may remain in back-up storage for some time. Such content may also be anonymised and aggregated and used for various purposes such as research and analysis.

ARE THERE ADVERTISEMENTS IN YOUR APP?

    We will not show ads in our App, but we may show messages about the Moshi Monsters Egg Hunt game.

    Our Services, including the App, may include links to websites or apps provided by someone else. These links are provided for your convenience only. We do not endorse and are not responsible for such websites or apps. You should read their relevant terms of service and Privacy Policy carefully.

WILL YOU CHANGE YOUR TERMS?

    Yes - we will update our Terms, for example: when we improve or change our Services; if the law that applies to us and you changes; or if we need to include any additional terms or policies in these Terms.

    We will try to give you notice before we change our Terms by posting the change in the App. You should check back for updates.

    If we reasonably believe that a change is likely to materially disadvantage you, we will try to let you know beforehand. However, changes will be effective straight away if they: (i) are better for you; (ii) relate to new functions for the App; (iii) are made for legal reasons; or (iv) do not mean you have fewer rights or more obligations.

    If you do not agree to the changes, you should stop using the App. If you continue to use the App after we have announced the change, you will be considered to have agreed to the change.

WHAT HAPPENS IF I BREAK THESE TERMS?

    If you break the rules set out here, or if we are investigating what might be a breach, it’s up to us how we respond. We may suspend or stop providing the App to you with or without notice or reasons, and you may lose your content, any Virtual Content and any saved game(s) you have.

    In such cases these Terms will come to an end.

    You, or your parents, may need to ‘hold harmless’ and repay Mind Candy for 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, including any content you submit or make available through the App.

    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.

WHAT ARE MIND CANDY'S RESPONSIBILITIES WHEN YOU PROVIDE THE APP?

    Mind Candy may not be required to monitor our users’ content or communications. We cannot promise that our Services are free of illegal material or other content that may be considered unacceptable.

    When it comes to our attention, we will review content to determine whether it is illegal or violates our Terms and we may delete or refuse to display it. In serious cases we may also notify the police or relevant law enforcement agencies.

    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; fraud; or any other liability that English law does not allow us to exclude or limit.

    To the extent permitted by law, you agree that your only remedy regarding any problems 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 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 your own use then nothing in these Terms limits any consumers’ legal rights which cannot be waived by contract.

I HAVE A GREAT IDEA AND I WANT TO SHARE IT WITH MIND CANDY, WHAT ARE MY RIGHTS?

    If you send any ideas, suggestions, proposals, or documents to us (together, “Contributions”), you agree that: (i) your Contributions do not contain confidential information or information that belongs to someone else; (ii) Mind Candy is not under any obligation of confidentiality regarding those Contributions; (iii) Mind Candy may already be developing something similar to the Contributions; (iv) Mind Candy may use or disclose (or not) such Contributions in any way we wish; (v) your Contributions automatically become Mind Candy's property without any obligation of Mind Candy to you; and (vi) unless we agree something different with you in writing, Mind Candy will not pay, compensate, reward or reimburse you for your Contributions.

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 egghunt@moshimonsters.com.

    When we have important things to tell you about the App we will post them within the App. You may not opt out from receiving these communications (unless you stop using the App).

WHAT ELSE DO I NEED TO KNOW?

    You can stop using our App and uninstall it at any time, although we will be sorry to see you go. Please see our Privacy Policy to read more about deleting your Personal Information.

    These Terms make up the entire agreement between us relating to the App and replaces any agreements we have had with you in the past. You agree 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 agree not to transfer these Terms to anyone else, or to try to do so. We can transfer these Terms to another company provided this does not negatively affect your rights under the Terms.

    We will protect your privacy even after you die or are incapacitated. We will not provide your information or content to anyone, even next of kin, unless we have to by law.

    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.

    These Terms and our relationship will be governed by the laws and jurisdiction of the courts of England and Wales.

MOBILE NETWORK CHARGES

    The App may require the use of data access and text messaging and you may be charged for this by your mobile network provider. You are responsible for all charges that your mobile network provider may apply.

ORDER PROCESS
  • You can place an order by following the order process on our site (“Order”). When you submit your Order, we may review your Order (but we are not obliged to) to ensure that it complies with our guidelines and these Terms. We may refuse to process an Order where we believe that any content breaches our guidelines or Terms. All products are offered for sale subject to availability and subject to our acceptance of your Order.
  • Our acceptance of your Order will take place when we have processed your order and payment has been successfully received. We will send you an email confirming that your order has been accepted (“Order Confirmation”), at which point a binding contract will be formed between you and us. Please check the details in your Order Confirmation and contact us to notify us of any error or mistake with the Order as soon as reasonably practicable. If you do not do so, you may not get what you wanted.
  • We will assign an order number to your order and tell you what it is in the Order Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
  • Once we have accepted your order, in the unlikely event that we are unable to fulfil your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock or due to unexpected circumstances such as unforeseen limits on our resources that we could not reasonably plan for, or an error in the price or description of the product.
OUR PRODUCTS
  • Although we make every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown on images on our website. The images of the products on our website are for illustrative purposes only.
  • We may make minor changes to the products where required to implement minor technical adjustments and improvements. Please rest assured that we will always endeavour to provide you with a product that is of at least the same quality, if not better, than what you originally ordered.
MAKE SURE YOUR SPECIFICATIONS ARE CORRECT
  • As we are customising the product using the words and/or selections you have given to us, please check carefully that you have sent us the correct information. Before you submit your order, you can easily make changes by using the back buttons. Once you have submitted your order, you can’t make any changes or cancel your order (except when we have made a mistake).
  • You must supply to us all the information that is required on the order submission pages. This is so that we can fulfil your order. If you give us incomplete or incorrect information, we may end the agreement or ask you for the required information. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
DELIVERY
  • The costs of delivery is additional to the cost of the products and will be as displayed to you on our site. In some cases, our site will show that delivery will be free.
  • Depending on where your delivery address is, we estimate that your order will be dispatched within 10 working days of the date of our Order Confirmation email. These times for dispatch are indicative only.
  • We are not responsible for delays outside our control. Once the product is dispatched, we do not have any control over the delivery services such Royal Mail or the courier. Where we are aware of any delay by an event outside our control, we may, where possible, contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We are not responsible for delays caused by events outside our control, but if there is a risk of substantial delay beyond 30 days you may contact us to end the agreement and receive a refund for any products you have paid for but not received within 30 days of our Order Confirmation.
  • The product will be your responsibility from the time we deliver the product to the address you gave us. However, even though you are responsible for the product, you do not own it until we have received payment in full.
REPLACEMENT OR CANCELLATION
  • You may cancel an Order or request a replacement only in the following circumstances: If your product is defective or has mistakes (due to our fault) and you inform us at the earliest opportunity after you have discovered the defect or mistake, which in any event should be within 30 days after receiving the product; or

    If we have not delivered the Order within 30 days after the date of our Order Confirmation.

  • To cancel an Order or request a replacement, you must send an email to egghunt@moshimonsters.com with your Order number, specifying whether you want to cancel or order a replacement and your reasons. We may, at our discretion, request that you return the product to us within 14 days of notifying us, ensuring that the product is in its original packaging (which you should retain for this purpose), using the pre-paid return label we send to you.
  • Except as explained above, you cannot cancel an Order or request a replacement once you have submitted your Order as each product is personalised specifically to your specifications.
  • If you cancel an Order due to a defect or mistake on our part, we will refund the price you paid for the product (including any delivery charges). If you request a replacement product, we will send you the replacement product at our cost. Where we require a return of the product, we will send you a pre-paid return label that you must use to return the product.
  • All refunds will be made to the payment card or service which you used to make the payment.
OUR RIGHTS TO END THE AGREEMENT
  • We may cancel an Order at any time by writing to you if:

    your payment is not successfully collected or is reversed;

    you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to produce the product; or

    you do not, within a reasonable time, allow us to deliver the product to you.

  • If we end the agreement in these situations, we will refund any money you have paid in advance for that Order, unless you have not allowed us to deliver the product to you, in which case, no refund is due.
  • If you wish to exercise your legal rights to reject products you must first return the products to us by post.
PRICE AND PAYMENT
  • Prices of products are indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product displayed is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we discover the mispricing before we accept your Order, we will contact you for your instructions before we accept your Order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the agreement, refund to you any sums you have paid and require the return of any products provided to you.
  • We accept a variety of payment methods as set out in our website. We will charge your credit or debit card or PayPal or Amazon Pay account when we accept your Order and send you an Order Confirmation.
  • For orders shipped to the EU, prices are inclusive of VAT. For orders shipped to a delivery address outside the EU, import duties and taxes may be levied once a delivery reaches your country. As the importer of the products, you will be responsible for any additional charges, import duties, taxes or customs clearance costs. If you would like further information about your local customs policies, please contact your local customs office.
  • We use third party payment providers to accept payments from you and you will be asked to submit your payment details to the relevant third party payment provider. Please note that you may be required to accept additional terms and conditions relating to the service provided by the third party payment provider. We are not responsible for any liability arising out of or in connection with your use of any third party payment provider.
OUR INTELLECTUAL PROPERTY RIGHTS
  • All copyright and other intellectual property rights in our products and any combination of words and selections available for customisation on our site are owned by Mind Candy or our licensees. Purchasing our products does not give you ownership in any intellectual property rights in our products, design, content or services.
OUR LIABILITY
  • If we do not perform our obligations under these terms or breach this agreement in any way, we will be responsible for the losses you suffer limited to the net purchase price (excluding taxes and delivery costs) of the products you have bought. In addition, we are not responsible for any loss or damage that is not foreseeable.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability:

    for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

    for fraud or fraudulent misrepresentation;

    for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for purpose; supplied with reasonable skill and care; and

    for defective products under the Consumer Protection Act 1987.

  • We are not responsible for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • Except as expressly set out in these Terms, our Site is provided on an “as is” basis without any representation or warranty of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied.
  • Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this agreement. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
SUMMARY OF YOUR KEY LEGAL RIGHTS (UK)

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

up to 30 days: if your item is faulty, then you can get a refund.

up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.

up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use any personal information that we may collect about you in accordance with our Privacy Policy http://mindcandy.com/privacy. By accepting these Terms, you also accept and consent to our Privacy Policy. We will use the personal information you provide to us:

to supply the products to you;

to process your payment for the products; and

if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

OTHER IMPORTANT TERMS
  • We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.
  • This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
  • If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
  • Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit your dispute for online resolution here.