By using, accessing, or purchasing from this website (“Site”), or interacting with any type of MTH communication (including but not limited to emails, social channels, 3rd party promotion etc.) which is owned and operated by The Modern Treasure Hunt Ltd (MTH), you acknowledge that you have read, understand, and agree to the following Terms of Service (“Terms” or “Agreement”). If, at any time, you do not agree to these Terms, please do not use this Site. Please read and review these Terms periodically. We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on the use of the Site or to restrict your access to part, or all, of the Site without notice. By accessing or using any part of the Site, you accept these Terms, without limitation or qualification. You may not use any portion of the Site if you do not agree with all of the Terms. Price information found on this site is subject to change without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
MTH reserves the right to hide, delete or block any hostile, slanderous or at their discretion any comments, likes, posts, users or followers of any kind relating to their social accounts.
We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice which includes membership.
- Responsibility of Purchasers:The buyer of any MTH Product, referred to as the “Purchaser,” is solely responsible for any and all distress, liability, civil risk, or damages, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise, that may arise on the part of the MTH Product recipient. It is the sole responsibility of the Purchaser to ensure that the MTH Product is appropriate for the recipient, which includes reading product Warnings and considering the recipient’s context, age and situation as well as providing accurate shipping information for all deliveries.
- Spoilers:We are not liable and cannot control any 3rd party information found online about our products, experience or any content produced by MTH. These are referred to as “spoilers”. MTH does not have a satisfaction guarantee due to the unique and custom nature of our products.
- Your MTH Account: If you create an account on the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account, users or anything else in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MTH may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MTH liability. You must immediately notify MTH of any unauthorised uses of your account, your account or any other breaches of security. MTH will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Pricing, Payment, Renewals and Cancellations
- General Terms: Paid services are available on this Site (referred to as “MTH Product”)
- Pricing: In the event, a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information MTH shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MTH shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MTH shall immediately issue a credit to your credit card account in the amount of the charge. Price information found on this site is subject to change without notice. Your total price will include the price of the product plus any applicable sales tax and shipping charges. We will charge tax only in states and other territories where the goods sold over the internet are taxable. We are not obligated to announce sales events in advance, and we will not provide refunds to Purchasers that purchase an MTH Product at full price just before it goes on sale.
- Discounts: Discounts cannot be combined with other offers except where explicitly stated. MTH has the right to turn discounts or promotions on or off at their discretion. Discounts cannot be retroactively applied to orders nor exchanged for alternative discounts at a future date. Prices will fluctuate based on product availability, and at the discretion of MTH and will not be matched beyond the discretion of the Customer Support team. Shipping rates will be calculated on the total cart amount after discounts are applied.
- Gift cards: means digital card that has a prepaid currency loaded onto it to be spent on MTH’s website in accordance with terms & conditions.
- It is not redeemable for cash and cannot be used to purchase other gift card. Cannot be exchanged.
- If purchase exceeds the gift card amount, the balance must be paid by the other available payment option.
- Must be redeemed within the validity period.
- We reserve the right to cancel any gift card for any reason at any time without notice. In such instances we will elect to provide a refund or a replacement gift card.
- We reserve the right to correct the balance of your gift card if we believe that a clerical or accounting error has occurred.
- The digital gift card will be emailed to the purchaser and it will be solely their responsibility for sending or delivering the digital gift card to the recipient.
- Cancellations:All sales are final and cancellations processed directly through our Customer Support team and must be requested within 48 hours of purchase. After this time, it is understood that work on these materials has begun and related orders have passed beyond retrieval.
- Discount Codes, Redeemable Tickets and Credit
- Credits expire as listed or 60 days of issue or whichever date comes first.
- They are non-transferable, non-negotiable, and cannot be redeemed for cash.
- May not be used or redeemed with other promotional offers based on the discretion of MTH.
- Customs & Duties:Occasionally, packages shipped across international borders may be subject to custom fees or import duties based on local laws. MTH has no control over these charges and we can’t tell you what the cost would be, as customs policies and import duties vary widely from country to country. Recipients are responsible for payment of these incremental charges.
- Additional Bank Charges:Purchaser is responsible for any incremental bank or credit card charges such as foreign transaction fees.
- Returns and Lost or Damaged Goods:MTH does not offer refunds for damaged goods, but we will offer to replace the goods that were damaged. Please send photos and list of damaged items to firstname.lastname@example.org Returns: Due to the personalised and customised nature of our products, we do not refund or deal with returned items. We do not ask or allow customers to send us our products as returns. Exceptions may include:
- Items refused by the recipienton arrival (returned immediately via postal carrier.) In these cases, customer service has options to offer the purchaser: to resend the mailing (on the assumption that it will not be refused again); to restart the experience for another recipient; to offer a Gift Card (not refund) for the product in question. There will be a shipping cost associated with the resend which is solely at the discretion of the customer support team.
- MTH error(e.g., the wrong mailing was shipped; the mailing went to the wrong recipient) In these cases, customer service can arrange to have a replacement sent out free of charge.
- MTH does NOT accept returns or exchanges for the following reasons:
- The recipient is unhappy with the product (doesn’t like the story, quality of the work, did not understand what they were ordering, etc.)
- Spoilers when an experience has been “undermined”.
- Shipping and Delivery:Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier.
- Lost mailings:When items are lost by the mail courier, MTH will work to resolve the issue and ensure your items are replaced. MTH does not provide refunds or replacements for items that go missing once delivered, or when provided with incorrect shipping addresses. Furthermore, all missing shipments or items must be reported within 30 days of shipping to qualify for consideration of replacement or possible credit based on product availability. If the product is available, a replacement will be shipped, and a refund will not be issued or considered.
- Confirmation of delivery:It is the sole responsibility of the purchaser to track mailings that have shipped and to monitor if they have reached the intended recipient. MTH will provide email notifications at the time of shipping for all mailings at the email address associated with the Purchasers MTH account, which will include tracking information on items that are trackable. The purchaser may reach out to customer support at any time during the course of the Experience in cases of stalled tracking, or issues with tracking in general, and we will assist however possible etc. If no contact has been made however before the release of the final mailing of an order, MTH will consider the order fully fulfilled.
- Damaged items:This refers to damages to the contents of mailings that are believed to have incurred at point of origin or in transit, and must be reported by Purchaser within 48hrs after registered delivery of the mailing in question, or 48 hours after the arrival of the final mailing/reveal of a gifted experience/curiosity where tracking is applicable. Furthermore, all reported damages must be detailed and include a photo in the email submission. Damaged items will be reviewed at that time by the support agent, and a replacement will be issued only for damaged products themselves and does not cover or include packaging or shipping costs of the said item. Blemishes to packaging will not be considered as part of a damaged item. All replacements and credits/refunds will be at the discretion of customer support.
- Shipping costs:All orders will be reviewed for shipping restrictions, and if necessary, you will be contacted by a member of our team for shipping arrangements. Freight costs incurred will be the responsibility of the purchaser and invoiced from MTH. All invoices must be paid before delivery. For international orders: Please note that all customs and duty fees will be the responsibility of the purchaser and are not included in your purchase.
- Disclosure of a Gift Purchaser:We endeavour to maintain the integrity of the MTH Product and the secrecy of the purchaser. MTH Products are intended to provide entertainment, and the mystery of the sender is a part of the entertainment value. Our policy is to use discretion in the case that a recipient discovers our company and makes contact. MTH reserves the right to reveal the Purchaser’s identity if the recipient is distressed or if we are contacted by law enforcement. MTH may disclose the name of the Purchaser from membership or credit card records at its sole discretion.
- Copyright Infringement:As MTH asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify MTH. MTH will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MTH will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MTH or others. In the case of such termination, MTH will have no obligation to provide a refund of any amounts previously paid to MTH.
- Intellectual Property:This Agreement does not transfer from MTH to you any MTH or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MTH. MTH, the MTH logo, and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of MTH or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MTH or third-party trademarks.
- Licence to use MTH Products:Subject to your compliance with these Terms of Service and your payment of any applicable fees, MTH grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of MTH Products. This licence does not include any resale or commercial use of any MTH Product or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MTH Product or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by MTH or its licensors, suppliers, publishers, rights holders, or other content providers. No MTH Product, nor any part of any MTH Product, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MTH. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MTH without express written consent. You may not use any meta tags or any other “hidden text” utilising MTH’s name or trademarks without the express written permission of MTH. You may not misuse the MTH Products. You may use the MTH Products only as permitted by law. MTH Product recipients are responsible for adhering to all local laws, bylaws and statutes. The licenses granted by MTH terminate if you do not comply with these Terms of Service.
- Changes:MTH reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MTH may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination:MTH may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your membership account, you may simply discontinue using the Site and unsubscribe from our emails. Notwithstanding the foregoing, if you have a MTH account, such account can only be terminated by MTH if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MTH’s notice to you thereof; provided that, MTH can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties:The material displayed on this Website is provided without any guarantees, conditions or warranties in relation to any statements, comments or representations made. Unless expressly stated to the contrary to the fullest extent permitted by law this Site, MTH suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages of any nature whatsoever, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or health and safety, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- Indemnification:You agree to indemnify and hold harmless MTH, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
- This Agreement constitutes the entire agreement between MTH and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MTH, or by the posting by MTH of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of The Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial courts located in Zwolle, Overijssel. Any dispute arising under this Agreement shall be finally settled in arbitration. The arbitration shall take place in Zwolle, Overijssel, in the Dutch language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MTH may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.