Article 1 (Purpose)
Article 2 (Definitions)
In this agreement, the terms will be defined and used as follows:
“Service(s)” refers to Hello Mini-Games, where End User can play short HTML5 games (“Games”) to compete with other End Users or participate in various challenges and competition events, which we (or in partnership with third party companies) offer within the mobile application through end user devices, such as mobile and tablet PC (“Devices”). The Service may include any third party advertisements or advergames.
“Username” is the combination of letters and numbers that the End User chooses to use to identify themselves.
“Heart(s)” is a virtual token required in order to play the Games. One or two Hearts may be required per game play. The default number of Hearts are given by the Company for free to you. Also you can earn the Hearts by completing certain actions (e.g. installing 3rd party apps or watching advertisement etc) or by your achievements regarding Games. Heart(s) can be purchased via In-App purchase subject to the terms and conditions applied by your appstore provider. Also the Hearts can be redeemed with the Hello Points you have acquired through playing Games and various actions.
“Hello Point(s)” are virtual redeemable points which you can collect by using the App. Sufficiently accumulated Hello Points can be redeemed for Heart(s), game items or reward gifts that are offered within the App. The redeemable items are subject to change.
“Event Prize” refers to gift(s) offered by the Company or via any 3rd party provider to you, provided that you have achieved certain ranking on competition events or you have completed certain actions as the conditions specified on each event within the App.
The Company reserves the right to amend functions of the App and to amend the Terms at any time through change notifications within the App and on hellominigames.com. You are required to check and read the changes to continue your use of the App. The continued use of the Service by you constitutes agreement to any revision to the Terms.
By clicking on the accept button upon signing up for the App, the end users signal their complete acceptance and full understanding of the Terms and agree to receive push notification on their mobile phone or on their provided email address relating to the Service and to be included into an opt-in list to receive information related to the Service sent by the Company from time to time. You can also turn off the push notifications within the App and opt out of the list to receive information by sending an email to firstname.lastname@example.org.
From time to time, some events within the App may be governed by their own terms and conditions or privacy policies ( together “Additional Terms”) in which case the Additional Terms will be communicated to you before you participate in the event. In the event of conflict between Additional Terms and the Terms, the Additional Terms shall prevail for these events.
By using the App, you consent to us collecting and using technical information about Devices and related softwares, hardware and peripherals for Services that are internet based or wireless to improve our products and to provide Services to you.
Article 4 (Registering of the HMG)
You agree to provide true, accurate and complete information when registering with the Service. It is your responsibility to maintain and promptly update your account information to keep it accurate. If you provide any information that is fraudulent, or if the Company has reasonable grounds to suspect that such information is fraudulent, the Company reserves the right to suspend or terminate your account without notice and to refuse any, and all current and future use of the App.
You must be the owner of the Device(s) or have obtained the consent from the owner of the Device(s) used to access the App . You must be a minimum of 18 years old, or reached the minimum age which the law of your location allows to use the Services and to participate in events within the App. Otherwise, you must obtain your guardian’s consent to use the Services.
You acknowledge and agree to be responsible for maintaining the confidentiality of the password and account information and be fully responsible for all activities that occur in connection with its password or account. You agree to immediately notify us of any unauthorized use of either the password or account or any other breach of security.
By signing in to the Service via your Facebook, Google Plus or other social media account, you accept that the profiling and personal data acquired with the acceptance of Facebook, Google Plus or other social media may be used by the Company solely for its permitted purpose under this Agreement.
This agreement between the Company and the End User will remain in full force and effect while the Company provides the Service (not taking into account temporarily suspension of the App for operational reasons, e.g. for repairs, planned maintenance or upgrades) or until the End User decides to sign out or uninstall the App.
Article 5 (Change of End User’s Information)
You can view and modify your personal information within the App. However, you cannot modify your Username once you have input and confirmed it during the initial sign-up for the App.
Article 6 (Suspension of Service)
We cannot guarantee that the Service will be flawless and bug free. The Company may temporarily suspend Services for technical reasons, such as equipment maintenance, replacement and failure, or reasons relating to connection disruptions of Service. Where possible, advance notice will be provided, however, if there are unavoidable reasons, the company will only notify end users later. The suspension of the service will be notified through e-mail or other service announcements.
Article 7 (Hearts)
Hearts are required and consumed whenever you play Games. Event Game may require two (2) Hearts per play. Hearts cannot be transferred, inherited, rented, or used for the purpose of collateral, unless authorised by the Company.
Hearts can be purchased from your appstore provider via In-App purchase. The price of Hearts will be displayed prior to your purchase confirmation and the actual billed price may vary if you pay with a foreign currency due to the exchange rates and any applicable fees that your appstore provider specifies. The terms and conditions from your appstore provider will apply for the purchase of Hearts.
You can also redeem your Hello Points for Hearts, provided that you have accumulated sufficient Hello Points.
Article 8 (Event Prizes)
You can win Event Prizes (or ‘Prizes’) sponsored by the Company or by advertisers if certain conditions are met by you after participating certain events. These conditions will be published within the App, whenever any event takes place. The redemption information of event prizes are sent to your App via push messages or via the email address given by you. Sometimes, you are required to enter your phone number to receive event prizes. You may be required to pay taxes on the Prizes depending on the law of the country where you reside. You are solely responsible for checking the relevant tax information and paying the relevant tax incurred by the Prizes and the Company is not responsible for any tax matters arising out of the Prizes.
Prizes are subject to change to similar prizes in the event of stock availability issues, delivery or other supplier-related issues. You acknowledge and agree that Prizes can become invalid, or non-redeemable if not redeemed within a certain time frame. The logos and other identifying marks of the Prizes are trademarks of and owned by each represented company and/or its affiliates.
Article 9 (Hello Points)
Your accumulated Hello Points can be redeemed for Hearts, Games items or for prizes at a virtual store within the App that the Company makes available to you from time to time. You acknowledge and agree that this store is not always available to you – it is only open during specific dates and times with a pre-determined quantity of prizes only. Thus, the rule of ‘First Come, First Served’ will apply when redeeming your Hello Points for prizes.
All prizes are subject to availability and the prizes on offer, or the number of Hello Point needed for a prize, may change at any time without prior notice being given. The number of Hello Points required for each prize will be clearly stated in the store. The prize shall be delivered to your App or to the email address you have provided to us. Once delivery of the download has started within your App or sent to your email address, you will have no right to cancel the transaction. Please acknowledge that you are solely responsible for any taxes incurred by the prize you have redeemed in the event it arises.
Hello Points do NOT have a cash value and cannot be redeemed for cash. Your Hello Points are personal to you and cannot be sold or otherwise transferred to anyone else. Also, you are not allowed to purchase Hello Points from any other end user.
Hello Points are only intended to be accumulated by one natural person within one account . If you collect Hello Points by creating multiple accounts, you will only be allowed to accumulate the Hello Points in the first account you had previously registered for. If you collect Hello Points as a result of unauthorised technical manipulations, take advantage of service vulnerabilities, system errors or otherwise, the Company has the full right to nullify your Hello Points. Hello Points are valid for a period of 12 months from the date they have been added to your Hello Points account. After this period, we have the right to delete expired Hello Points from your account.
If an error occurs in the Hello Points earned, you may request any corrections to the Company within 30 days from the date of failure, the company will make the necessary corrections within 60 days from the request date if it has proved to be a legitimate case.
Article 10 (Copyright Ownership and Limitation of Use)
We grant you a non-transferable, non-exclusive license to use this App on Devices subject to these Terms and the app store rules.
All intellectual property rights (registered and unregistered) within the Services belong to the Company and/or third parties. The Company reserves all of its rights in the Services and the related services. Nothing in the Terms grants the End User with the right or license to use any trade mark, design right or copyright owned or controlled by the Company or any other third party
You must not use the App in any unlawful manner or in any manner inconsistent with these Terms, or act fraudulently or maliciously. You must not copy the App or Services or make alterations to or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with or become incorporated in any other programs.
You must not copy or use any information obtained by using the Service for commercial purposes, transmission, publishing, distribution, broadcasting or any other methods through third parties without the Company’s prior consent.
Article 11 (Limitation of liability)
We are only responsible for losses or damages you suffer that are a foreseeable result of our breach of these Terms or our negligence up to a limit. Our maximum aggregate liability under or in connection with the Terms shall be in all circumstances to be limited to EUR 50.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under the Terms that is caused by act or event beyond our reasonable control including failure of public or private telecommunications networks.
The Services may contain links to other independent third-party websites. These websites are not under our control, and we are not responsible for and do not endorse their content. For this reason, we have no liability towards you in respect of the content of, or services provided through third-party sites.
Article 12 (Termination of Service by End User)
The End User has the right to terminate the license set out in the Terms, and your right to use the App and the Services, at any time at will without notice by signing out through the My Account menu within the App.
Upon termination of the license, you shall cease all use of the App. Any remaining Hello Points or Hearts or Prizes will be removed automatically upon termination. We strongly advise you to redeem or use any remaining Hello Points, Hearts or Prizes in the App before terminating the Service. The Company is not responsible for any loss of Hello Points, Hearts or Prizes due to the termination of Service by you.
Article 13 ( Termination of Service by the Company)
The Company may terminate the Services and the license of the App and disable the End User’s account immediately, without advance notice, for the following reasons:
- If you steal someone else’s personal information or mobile device
- If any End User is found to be using false personal information
- If you earn or use Hearts using illegal methods.
- If you threaten to interfere or manipulate with services, such as electronic trading systems, used on other Members
- If you impersonate the company, its operators or employees within or outside of the Service
- If you make unauthorized changes to the company’s client program or threaten any systems, using methods such as hacking.
- Spreading false information, damaging the honor or credit of the Company, its work or in any other ways to interfere with its work
- If you do any unauthorised publicity activities related to the service
- Gaining Hello Points, Prizes or scores obtained by fraud
Your rights under this Terms and your right to use the App will terminate automatically upon receipt of termination notice from the Company if you fail to comply with any of these Terms. Please note that any unused Hello Points, Hearts, Prizes or rewards gifts of End Users who have been terminated for reasons 1-9 above or for failing to comply with the Terms will be removed immediately without notice, with no further recourse.
Article 14 (Termination of Service)
The Company will provide you with a minimum six weeks notice period before the date on which the Company will terminate the Service under this Terms.
We strongly advise you to use all existing Hello Points, Hearts and Prizes credited until the termination date. Once the Service is terminated, any remaining Hello Points, Hearts and Prizes will be invalid and you cannot claim the rights to any of them since they will be subject to lapse automatically after the termination of the service.
Article 15 (Governing law and jurisdiction place)
Please note that the Terms are governed by the law of Switzerland. You and the Company both agree that the court of Luzern, Switzerland will be exclusive jurisdiction.
Article 16 (Contact)
If you wish to contact us in writing or if the Terms require you to give us notice in writing, you can send this to us via
Email: email@example.com or
Post address: M-Biz Global Solutions GmbH, Hirschengraben 31, 6003, Luzern, Switzerland.
Last Updated: 28th August 2015