Part A — Terms of use
1. Purpose and acceptance
These terms govern access to and use of Gooblies, a game offered as an installable web application, published by Maurice Hurdebise (a self-employed entrepreneur, trading as “Jack & Mani”). The publisher's full identity appears in our legal notice.
By creating an account or by using the service, you accept these terms. If you do not accept them, do not use the service. They are supplemented by our privacy policy and our cookie policy.
2. Description of the service
Gooblies is a game of hide-and-seek played outdoors. An adult first marks out, on a map, the perimeter within which the child is allowed to play — in practice, a garden. The game then hides creatures there, and the child looks for them by actually moving around, guided by the position of the device.
The game is free and playable indefinitely: a daily supply of cupcakes makes it possible to play every day without paying anything. Additional cupcakes may be purchased by an adult, as may unlimited and permanent access; that is the subject of Part B.
The service evolves regularly; features may be added, changed or removed.
3. Age, the parent's role and responsibility
The game is designed for children from the age of 6.
The account belongs to an adult. The account is created and administered by a parent or by the holder of parental authority, who accepts these terms, supervises their use and remains responsible for the use made of the service from that account. The child uses the game; the child is not a party to the contract.
Any purchase must be made by an adult with the capacity to contract. By placing an order, you declare that you meet this condition. The shop is protected by a four-digit parental code, verified by our server.
The game involves real movement. The child moves physically through an outdoor space. Section 6 sets out the commitments attached to this; it is the most important section of this document.
4. Account
You can try the game without an account: progress then stays on the device and is sent nowhere. You can create an account, by email and password or through Google, in order to save your progress and find it again on another device.
You undertake to provide an accurate email address, to keep your credentials and your parental code confidential, and to report any unauthorised use to us. You are responsible for the activities carried out from your account — including purchases, which is precisely what the parental code exists for.
You may stop using the service at any time. The deletion of the account and of the associated data may be requested by email to info@jackandmani.com; we act on it within a maximum of 30 days (see the privacy policy).
5. Rules of use
In using the service, you undertake not to:
- use it for unlawful purposes or purposes contrary to these terms;
- undermine the security or the proper functioning of the service (intrusion, overloading, abusive automation, circumvention of limits);
- attempt to alter the economy of the game, in particular the cupcake balance or the rights acquired, by any means other than those provided by the service;
- resell, transfer or share an account;
- infringe the rights of third parties or of the publisher.
We may restrict or suspend access in the event of a breach.
6. Safety of outdoor play
This is the most important section of these terms. The game makes a child move around in a real place. Their safety comes before the game, always.
You mark out the play area, and you alone are the judge of it. The perimeter of the garden is drawn by you, on a map. We cannot know what it contains: a pond, a swimming pool, a gate opening onto the street, a drop, tools. It is for you to check that the space you mark out is safe for your child, and to redraw it whenever circumstances change.
You decide how much supervision is needed. You know your child, their age and their surroundings; we do not. No feature of the game replaces the presence or the supervision of an adult.
GPS is not exact. The position shown by a phone carries a margin of error that varies with the weather, walls, trees and the device itself. The game may point to a creature slightly to one side of where it was hidden. This imprecision is inherent in the technology and does not constitute a defect in the service.
You do not look at the screen while walking. The game is designed to be consulted while standing still: you stop, you look, you put the phone away, you move on.
Conditions matter. Weather, light, the state of the ground and the child's tiredness must all be taken into account before starting a game.
Does a place look risky to you? Then you do not go there. The game never forces anyone to move: you can interrupt a game and redraw the garden at any time.
This information is presented to you at the moment you draw the garden, and your acceptance is requested there. That is where it is of use to you, since that is the moment at which you choose the perimeter, and that is when you are in front of the screen. It is shown to you again each time you change the outline.
The game itself asks the child nothing again before starting a game: a tick box put in front of a six-year-old would protect no one.
7. Intellectual property
The service as a whole and its contents — text, artwork, creatures, the “Gooblies” trade mark, logos, software — are protected by copyright and trade mark law and remain the property of the publisher or of its licensors. We grant you a personal, family, non-exclusive and non-transferable right of use, for private and non-commercial purposes, for the duration of your use of the service.
Any reproduction, distribution, modification or exploitation of the contents outside that framework, without prior written consent, is prohibited.
8. Availability and liability
We endeavour to ensure the availability and the proper functioning of the service, but cannot guarantee uninterrupted accessibility or the absence of errors; interruptions (maintenance, incident, development) may occur. The game remains largely usable offline, but synchronisation and purchases require network access.
Our liability is assessed in accordance with Belgian law. We neither exclude nor limit our liability in the event of fraud, gross negligence or personal injury: no provision of these terms may be construed to that effect. For the rest, and to the extent permitted by law, our liability is limited to the direct and foreseeable damage resulting from a breach attributable to us.
9. Suspension and termination
In the event of a breach of these terms, we may restrict, suspend or close your access, where possible after notice and in a proportionate manner. You may, for your part, stop using the service and request the closure of your account at any time.
The end of access does not affect the clauses which, by their nature, survive it (intellectual property, liability, governing law).
10. Changes to the terms
We may amend these terms to reflect changes in the service or in the regulations. The applicable version is the one in force at the time of your use. In the event of a substantial change, we will inform you by an appropriate means and, where this is required, obtain your agreement.
11. Miscellaneous provisions
Force majeure: we cannot be held liable for a failure resulting from an event reasonably beyond our control (failure of a supplier, major technical incident, disaster, measures taken by the authorities).
Assignment: we may assign or transfer these terms and the contract, in particular in the event of a reorganisation or a transfer of business, without reducing your rights; you may not assign your rights and obligations without our prior agreement.
Severability: if a provision is held to be invalid or unenforceable, the others remain in full force.
No waiver: the failure to exercise a right provided for in these terms does not amount to a waiver of that right.
Entire agreement: these terms, together with the privacy policy and the cookie policy, constitute the agreement between you and the publisher.
Language: these terms are drawn up in French; in the event of a translation, the French version prevails.
Part B — Terms of sale
12. What is sold
The game is free and remains so. Three one-off purchases, and three only, are offered in the parents' area:
- 100 cupcakes;
- 240 cupcakes;
- The full game: unlimited cupcakes, with no time limit.
There is no subscription and no recurring charge. Each purchase is a single payment. Nothing renews, nothing rolls over automatically.
The “full game” tier confers a right attached to the account and not to the device: it follows you onto any device on which you sign in. It is granted with no time limit. Should we have to stop operating the service permanently, we would inform you by an appropriate means and within a reasonable time.
13. Prices and VAT
Prices are shown in euros in the shop, before any confirmation, and are the final prices payable.
The publisher is not VAT-registered: he falls under the small business exemption scheme provided for by article 56bis of the Belgian Code de la TVA (VAT Code). No VAT is therefore charged, stated or recoverable on purchases.
Prices and the availability of content may change, with no effect on purchases already made. In the event of a manifest error in a price or a description, we reserve the right to correct the information or to cancel the order concerned, informing you and refunding you.
14. Who may purchase
Purchases are reserved to adults with the capacity to contract, and are made from the parents' area, behind a four-digit parental code verified by our server.
No purchase is ever advertised to the child. The game interface mentions no purchase, displays no price, and features no countdown, no limited offer and no character that begs.
15. Payment
Payment is processed by Stripe, our payment provider. Depending on your device, you can pay by card, by Bancontact, or with a single tap through Apple Pay or Google Pay.
We neither receive nor keep your bank card details: they are entered and processed directly by Stripe. We keep only a record of the purchase (amount, currency, date, transaction identifier). The receipt is sent to you by Stripe to the email address of your account.
16. Delivery
Delivery is immediate: the cupcakes are credited to the account as soon as the payment is confirmed by our provider, and the unlimited access right is activated in the same way. There is no physical shipment.
Should the credit fail to appear within minutes of a confirmed payment, write to us at info@jackandmani.com: we will put it right.
17. Right of withdrawal
The content purchased is digital content supplied immediately.
You have, in principle, a 14-day right of withdrawal. However, by requesting the immediate delivery of the cupcakes, you expressly agree that performance of the contract begins at once and you acknowledge that you lose that right of withdrawal once delivery has taken place.
That is why a tick box, unticked by default, is presented to you before payment: the payment button is only enabled after that express confirmation, and the confirmation is kept together with the record of the transaction.
18. Legal guarantee of conformity
The content purchased must conform to the description we give of it and to what you may legitimately expect of it. In accordance with Belgian and European law on the supply of digital content and digital services, you benefit from a legal guarantee of conformity.
If the content purchased shows a lack of conformity, report it to us at info@jackandmani.com so that we can bring it into conformity or, failing that, provide an appropriate refund. This guarantee applies free of charge to you and independently of any commercial guarantee.
19. Refunds
Outside the legal guarantee, we examine any refund request on a case-by-case basis, by email to info@jackandmani.com. A purchase made inadvertently, in particular by a child, will be refunded on request.
Refunds are carried out by our payment provider, to the means of payment used for the purchase.
20. Governing law, mediation and disputes
These terms are governed by Belgian law, without prejudice to the more protective mandatory provisions of the consumer's country of residence. In the event of a dispute, we invite you to contact us first at info@jackandmani.com to seek an amicable solution.
Failing that, you may refer the matter free of charge to the Service de médiation pour le consommateur (Belgian consumer mediation service), Boulevard du Roi Albert II 8, 1000 Bruxelles, www.mediationconsommateur.be. The Belgian courts have jurisdiction, subject to the rules protecting consumers.
21. Contact
For any question relating to these terms, write to us at info@jackandmani.com. The publisher's full identity appears in our legal notice.