TERMS AND CONDITIONS

Updated 18th December 2017

This page tells you the terms and conditions for subscription to the Moshi Twilight Sleep Stories app (“Subscription”). Please read these terms and conditions carefully and make sure that you understand them before purchasing a Subscription. You should understand that by purchasing a Subscription 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.

1. INFORMATION ABOUT US

1.1

We operate the Moshi Twilight Sleep Stories app (“App”). 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 GB252964288.

Customer Services: [email protected]Telephone: (888) 311–9576 in the U.S. or +44 20 7193 5294 outside of the U.S.

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 purchase a Subscription.

2.2

By purchasing a Subscription, 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 Subscription accounts which have not been purchased by the bank account holder.

2.4

We may terminate your Subscription at any time for any reason.

3. HOW AUTO-RENEWABLE SUBSCRIPTIONS WORK

3.1

A Subscription gives you access to content from within your App on an ongoing basis.

3.2

Auto-renewable Subscriptions plans charge you on a recurring basis. At the end of each Subscription period, the Subscription will automatically renew and you will be charged again until you choose to cancel it. The cancellation will take effect at the end of the Subscription period.

3.3

When you sign up for a Subscription your Subscription begins immediately.

3.4

To become a Member, you will need to purchase a Subscription. Open the App and:

Select a Sleep Story or Soundscape tile with a padlock icon.

Select one of the following Subscription plans:

  • One week recurring;
  • One month recurring; or
  • One year recurring.

4. SUBSCRIPTION PLAN CHARGES

4.1

Depending on which device you are using, either Apple or Google will handle all payment transactions.

4.2

We set the price in pounds sterling and then Apple and Google determine the price for the country associated with your account.

4.3 4.4

We do not obtain or store any credit card information, as all payment transactions are handled by Apple and Google.

4.5

Any billing dispute or queries should be submitted to the Apple App Store for iTunes accounts. Our Customer Services are also at your service. Please email [email protected].

4.6

Subscription plans are inclusive of VAT or equivalent local sales tax.

5. CANCELLATION POLICY

5.1

You can cancel your one week recurring, one month recurring or one year recurring Subscription plan at any time, by following the steps below:

  • 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.
  • You will need to ensure that you follow the directions and have cancelled your Subscription plan with either Apple or Google since they are in charge of billing.
5.2

Cancel anytime at least one day before the end of the Subscription period for cancellation to take effect at the end of the current Subscription period.

5.3

On cancellation of your Subscription plan, 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.

5.4

Deleting the App will not cancel subscription.

5.5

You will receive an email from either Apple or Google confirming the cancellation of your Subscription plan.

5.6

We reserve the right to cancel any Subscription plan without a refund upon breach of these Terms and Conditions.

6. BILLING DISPUTES

As Apple or Google handle all payment transactions, any billing dispute or queries should be submitted to the Apple App Store for iTunes accounts or the Google Play Store for Android devices in the first instance. Our Customer Services are also available at [email protected].

7. REFUNDS

7.1

Subscriptions are non-refundable and non-transferable.

7.2

On cancellation of your Subscription, 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.

8. CHANGES TO SUBSCRIPTION PLANS

8.1

Subscription plans can only be changed through:

  • Cancellation; or
  • Repurchase.
8.2

Subscription plans may not be changed through transferral or renewal.

9. MEMBERSHIP BENEFITS UPON MEMBERSHIP EXPIRY OR RENEWAL

9.1

Access to Member-only content such as sleep stories and soundscapes will no longer available when the Subscription period expires.

9.2

Renewing a Subscription will re-enable all the Member benefits.

10. 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.

11. 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 within the App or by providing links to the information. You agree to this electronic means of communication.

12. PRIVACY

Please review our Privacy Policy which also governs your use of the App, to understand our practices.

13. PERSONAL INFORMATION

13.1

We do NOT collect any personal information through your use of this App. Your billing information is collected by Apple or Google, depending on the device you are using.

14. GENERAL

14.1

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.

14.2

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.

14.3

These Terms and Conditions contain the entire agreement between us in relation to your Subscription. 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 the App remains subject to the Mind Candy Terms of Service.

14.4

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.