Terms & Conditions

The website located at munchkinbaby.ca and all subpages or related mobile apps (“Website”) is provided by Munchkin, Inc., and its subsidiaries (collectively, “Munchkin” or “we”).

These “Terms and Conditions” (“Terms” or “Agreement”) govern your use of the Website and your purchase of products offered for sale on the Website (“Products”). They form a binding agreement between you and Munchkin.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Website.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT, UNLESS YOU ARE A CONSUMER RESIDING IN THE PROVINCE OF QUEBEC, WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW (INCLUDING IF YOU ARE A CONSUMER RESIDING IN THE PROVINCE OF QUEBEC) OR IF YOU OPT-OUT.

Please review this document before accessing, using or buying any Product through the Website. If you do not agree to all of the terms of this Agreement and our Privacy Policy, please do not use the Website or purchase Products through it. If you have questions, please contact us at privacy@munchkin.com or +1 (800) 344-2229.

License

Munchkin grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Website only for personal purposes and strictly in accordance with these Terms. These Terms govern any upgrades of the Website by Munchkin, unless the upgrade is accompanied by a separate license, which will govern. All rights not expressly granted in these Terms are reserved for Munchkin. You may access, download, and print materials only where you retain all notices, trademarks, and other markings found on those materials.

Website Ownership and Content

The Website contains materials and other items about Munchkin’s products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Munchkin, its licensors, licensees or other third parties (collectively the “Content”).

The Website and the Content are owned, licensed, or controlled by Munchkin, its licensors, and certain other third parties, and as such all right, title, interest in and to the Content and the Website is the property of Munchkin, its licensors, or certain other third parties, and protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible.

Munchkin is the owner of the copyright in the Content on the Website. By using the Website, you will not obtain any ownership or intellectual property or other interest in any Content on the Website. Other than as explicitly permitted herein, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Website or any Content without our express prior written consent.

Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or the Content except as permitted or consented by these Terms.

No Guarantee of Website Use

We may make improvements, changes, or amendments to the information, services, products, and other materials on the Website, or terminate the Website, or your access to the Website, at any time in our sole discretion. We reserve the right to change, suspend, remove, or disable access to the Website at any time without notice. In no event will we be liable for any harm claimed from the removal or disabling of access to the Website. We may also impose limits on the use of or access to the Website, or portions thereof, in any case and without notice or liability.

The Website that may be accessed from, displayed on or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Website is appropriate or available for use in any particular location. To the extent you choose to access the Website, you are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Information You Provide and We Collect

The collection and use of your personal information is governed by our Privacy Policy. Under California Civil Code Section 1789.3 and the California Consumer Privacy Act, users of the Website from California have certain consumer rights. Consumers in other jurisdictions may also have certain consumer rights. For detailed information regarding your rights, view our Privacy Policy.

By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

User Conduct

You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Website; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Website; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Website for any other authorized user; or (g) violate any applicable local, state, provincial, territorial, national or international law.

You also agree that you will not attempt to gain unauthorized access to any portion or feature of the Website or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Website, systems, networks or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Website, including, without limitation, through any robot, spider, scraper, or other automated means. You also agree not to sell, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activity or use in our sole discretion.

You acknowledge that the Website, and any related blogs, messages, or other information, are for informational purposes only. The views expressed by authors of our articles and blog posts, including employees and outside guest authors, are the opinions of the individual author, and do not represent the opinions or views of Munchkin.

Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content, the Website, our products or services, or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Website or our products or services, any updates, or any part thereof except as expressly permitted herein.

You agree to provide true, accurate, current, and complete information to Munchkin through the Website.

If you register for an account to use the Website, you agree to provide a username and password, and to assume all responsibility for the activity occurring on the account. Please immediately notify Munchkin if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password.

User Content

When you post or share pictures, reviews, messages, comments, content, or other information on the Website or other Munchkin-sponsored forums, blogs, social networking sites, or other communities, you create “User Content.”

Please do not create User Content that includes pictures or videos of family or friends if you do not have their permission to post such photos. User Content must not be defamatory, slanderous, indecent, obscene, pornographic, sexually explicit, discriminatory, hateful or be used for commercial gain. The Website is not intended as a political or policy forum.

You further represent and warrant that you are the sole author and owner of User Content and to your knowledge it does not infringe on the rights of or harm any other third parties. You give Munchkin the sole and exclusive right to remove, alter, or change the User Content and to bring any legal actions regarding such User Content on your behalf.

Copyright Notice and Take-Down Procedures

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a notice of claimed infringement to Munchkin consistent with the Digital Millennium Copyright Act (DMCA) by providing the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Munchkin may find it on the Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: Munchkin, Inc., 7835 Gloria Avenue, Van Nuys, CA 91406 Attn: General Counsel.

Purchasing Items on our Website

All transactions made through the Website are subject to our acceptance, in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction for any or no reason, in our sole discretion, regardless of whether the transaction has been confirmed, and without liability to you or any third party.

Munchkin must receive payment prior to its acceptance of an order, unless otherwise agreed by Munchkin. Munchkin expressly conditions its acceptance of your order on your agreement to these Terms, and to any additional terms provided on the Website that govern your purchase of certain Products.

If payment has already been made and your order is cancelled or limited, Munchkin will refund any payment you made for Product that will not be shipped due to cancellation or limitation of an order. Payment will be made in the same tender as the original purchase.

The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website.

Munchkin reserves the right without prior notice to discontinue or change specifications and prices on Products offered on or off the Website without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website, but Munchkin reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions.

Munchkin is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations related to any order or other transaction made through the Website that is caused by an event outside of our reasonable control (“Events Outside of Our Control”). An Event Outside of Our Control includes any act or omission beyond our reasonable control, and particularly includes the following, without limitation: (i) strikes, lockouts, or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (declared or not), or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, or other natural disaster; (iv) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (v) impossibility of the use of public or private telecommunications networks; (vi) acts, decrees, legislation, regulations, or restrictions of any government; and (vii) pandemic or epidemic. Munchkin’s performance obligations will be deemed to be suspended for as long as the Event Outside of Our Control continues.

Disclaimer of Representations and Warranties

THE WEBSITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE WEBSITE OR ITS CONTENTS.

WE DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING THE WEBSITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE OR ITS CONTENT.

Notwithstanding anything to the contrary herein, the disclaimer of representations, warranties and conditions set out above does not apply in New Jersey.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, MUNCHKIN, ITS AFFILIATES, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, OR INFORMATION CONTAINED WITHIN THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NON-PERFORMANCE OF THE WEBSITE OR ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE WEBSITE, IF ANY, OR $500, WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Unless you are a consumer residing in the Province of Quebec, any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the limitation of liability set forth above.

IF YOU ARE A CONSUMER RESIDING IN QUEBEC, THE FOREGOING DOES NOT LIBERATE US FROM THE CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES.

Governing Law & Dispute Resolution by Binding Arbitration and Class Action Waiver

The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to any transactions contemplated by these Terms.

For residents outside of the Province of Quebec, this Agreement and any issue or dispute that arises out of or otherwise relates to this Agreement or with your use of the Website, the Privacy Policy, or any matter including Munchkin including the purchase of any Products on this Website (collectively “Disputes”) shall be governed exclusively by the laws of the state of California, excluding its conflict of law provisions. If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to send Munchkin a written notice of such Dispute to: Munchkin, Inc., 7835 Gloria Avenue, Van Nuys, CA 91406 Attn: General Counsel. Munchkin will contact you by letter to your billing address you provided us at the time you order a Product, or other address that you submit to the Website.

For residents outside of the Province of Quebec, if you and Munchkin are not able to resolve such a Dispute, we each agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts located in Los Angeles County, California: (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. Unless you opt-out using the mechanism below, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION, UNLESS YOU ARE A CONSUMER RESIDING IN THE PROVINCE OF QUEBEC.

You shall have thirty (30) days from the date that you access the Website or submit your personally identifiable information (whichever occurs first) to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at Munchkin, Inc., 7835 Gloria Avenue, Van Nuys, CA 91406, Attn: General Counsel.

If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

For residents of the Province of Quebec, this Agreement and any Disputes will be governed by, and interpreted in accordance with, the laws of the Province of Quebec (excluding its conflict of law provisions) and the laws of Canada applicable therein, and the parties will each attorn to the jurisdiction of the courts of Quebec.

General Provisions

These Terms and the Privacy Policy, including all terms and conditions incorporated by reference herein and therein, constitute the entire agreement between you and Munchkin with respect to your use of the Website and Content, including any purchases of Products through the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Munchkin with respect to such use. If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by an arbitrator or a court of competent jurisdiction, as applicable, then the provision will be deemed severable with the remaining provisions unaffected, continuing in full force and effect. Except as expressly set forth in these Terms, no failure or delay by you or Munchkin to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy. You may not assign or transfer your rights or obligations under these Terms by operation of law or otherwise without Munchkin’s prior written consent, and any such attempt will be of no effect. Munchkin may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

The trademarks and other logos, product, and service names are trademarks and service marks owned by or licensed to Munchkin or its affiliates. You agree not to display or use the trademarks in any manner without the prior written permission of Munchkin or its appropriate affiliates.

All other trademarks are the property of their respective owners.

Mobile Terms of Service

The Munchkin mobile message service (the "Service") is operated by Munchkin, Inc. (“Munchkin”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Munchkin’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Munchkin through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, special offers, cart reminders, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Munchkin. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 91514 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Munchkin mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to 91514 or email cserv@munchkin.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Munchkin Gift Card Terms of Use

These Gift Card Terms of Use (the “Terms”) supplement and are governed by the Munchkin Terms & Conditions and form a binding agreement between you, a User, and Munchkin (each, a “Party”, and collectively the “Parties”) and govern your purchase, use, and redemption of Gift Card and other services provided by Munchkin, Inc., and its subsidiaries (collectively, “Munchkin”, “us,” or “our”). Any terms not defined here will have the meaning as defined in the Munchkin Terms & Conditions. By purchasing, using, or redeeming a Gift Card, you agree to be bound by these Terms. If you do not agree with these Terms, you must not purchase, use, or redeem a Gift Card. Gift Card use is subject to these Terms and applicable law, including the Credit Card Accountability Responsibility and Disclosure Act of 2009. Any provision in these Terms is void where prohibited by law.

  1. Definitions
    1. “Account” means the user account created by a User on our Website to manage Gift Cards.
    2. “Disputes” means any issue, dispute, claim, or controversy that arises out of or otherwise relates to these Terms.
    3. “Gift Card” means a digital gift card purchased by a User and issued by Munchkin.
    4. “Gift Code” means the unique code that Munchkin will generate containing access to the associated Gift Card, provided to the User upon checkout for independent distribution.
    5. “Transaction” means any use of the Gift Card to purchase goods or services from Munchkin.
    6. “User” means the individual or individuals who engage with Munchkin’s Gift Card services. This may include the person who purchases, sends, manages, or redeems Gift Cards on the Munchkin Website.
  2. Redemption and Flexibility
    1. Use. Gift Cards can only be used for redemption on munchkinbaby.ca, except where noted otherwise.
    2. No Expiration of Value. The funds on a Gift Card do not expire. If the Gift Card has an expiration date on it, that date refers only to the expiration of the card itself, not the underlying funds. In the event the card expires, is lost, or becomes damaged, you may request a replacement card at no charge, and any remaining balance will be transferred to the new card.
    3. Redemption Process. Gift Cards can be redeemed through our Website as digital Gift Cards. Munchkin reserves the right to change the form of redemption in the future, including but not limited to offering alternative redemption methods.
    4. Integration with Payment Platforms. From time to time, in Munchkin’s discretion, Munchkin may permit Gift Cards to be used through compatible payment platforms , subject to the terms and conditions of those platforms. Users acknowledge and agree that the use of Gift Cards through these platforms is also governed by the terms of service and privacy policies of the applicable payment platforms. Munchkin is not responsible for any issues, disruptions, or losses arising from the use of Gift Cards through these third-party platforms.
    5. Future Flexibility. Munchkin may modify the redemption methods at any time at its sole discretion. Users will be notified of any such changes in advance. If our partnership with a bank or other financial institution changes, Munchkin reserves the right to offer alternative methods of using a Gift Card.
    6. No Physical Card Issuance. Munchkin Gift Cards are exclusively digital products. No physical cards will be issued. Users acknowledge that to redeem and spend the Gift Card, the recipient must have access to a compatible digital device, such as a smartphone, tablet, or any other mobile payment device that supports digital transactions. It is the User’s responsibility to ensure that it has the necessary device and access to use the Gift Card. Munchkin is not responsible for any inability to use the Gift Card due to the lack of a compatible device or failure to meet technical requirements.
    7. Liability Exemptions. Without limiting the Munchkin Terms &
      Conditions      , Munchkin is not liable for unauthorized transactions, technical failures, or external factors beyond our control, including but not limited to service interruptions, data breaches, or fraudulent activity.
  3. User Responsibilities and Prohibited Uses
    1. Prohibited Activities. Users must not engage in fraudulent, illegal, or abusive behavior, including but not limited to attempts to manipulate the system, unauthorized use of the Website, or activities that could harm Munchkin, its affiliates, or its users.
    2. User Conduct. Users are responsible for their actions on the Website, including interactions with other users. Users must ensure that the recipient information provided (e.g., phone number, email) is accurate and secure. Munchkin is not responsible for any loss or misuse of a Gift Card if accessed by unintended recipients due to incorrect or compromised recipient information.
    3. Restrictions on Gift Card Purchases. Gift Cards may not be used to purchase other Gift Cards or any other stored-value instruments. Any attempt to do so is prohibited and may result in the cancellation of the transaction and suspension of the User’s account.
    4. Updates. Your continued use of our services or Gift Cards after the posting of any changes to these Terms will constitute your acceptance of those changes. It is your responsibility to review these Terms periodically to stay informed about any updates or modifications.
  4. Gift Code Sharing and User Responsibility
    1. User-Directed Delivery. During the Gift Card purchase process, Users may choose to have the Gift Code sent to themselves or to a third party recipient. Munchkin will generate a unique Gift Code containing access to the associated Gift Card. This Gift Code will be provided to the User upon checkout for the User’s independent distribution.
    2. Unrestricted Gift Code Access. Any person who accesses the Gift Code—regardless of identity or intent—may be able to redeem the associated Gift Card. Possession of the Gift Code constitutes access to the Gift Card. The Gift Code does not include authentication or recipient verification by Munchkin, and the Website cannot distinguish between intended and unintended redeemers.
    3. Waiver of Liability. Munchkin is not liable for any claims, losses, damages, or disputes arising from the distribution, mis-delivery, interception, or unauthorized use of Gift Codes. This includes, but is not limited to, scenarios involving incorrect recipient contact information, lost links, link forwarding, unauthorized redemption, phishing, social engineering, or any other third-party access.
    4. No Replacement or Reissue. Once the Gift Code is generated and presented to the User, Munchkin’s obligation is fulfilled. Gift Cards associated with such Gift Codes will not be reissued, refunded, or restored under any circumstances, even if the Gift Code is lost, stolen, or redeemed by an unintended party.
    5. Independence from Munchkin Services. When a User elects to deliver the Gift Card themselves, they disengage from Munchkin’s delivery infrastructure. Munchkin does not send reminders, verify receipt, or provide support to recipients in these cases. The User is solely responsible for ensuring successful delivery to the Gift Card recipient.
    6. Finality of Transaction. Users acknowledge that the creation of a Gift Code and receipt of the associated Gift Card constitutes a completed transaction. Any consequences resulting from User error, negligence, or failure to ensure secure delivery rest entirely with the User.
  5. Fees and Charges
    1. Current Fee Structure. Munchkin currently does not charge fees for inactivity or dormancy. Munchkin, however, reserves the right to introduce such fees in the future with prior notice to Users in accordance with applicable laws.
    2. Notification of Changes. Users will be notified of any fee changes in a manner consistent with legal requirements, such as via email or through our Website.
  6. Data Protection and Privacy
    1. Data Collection. Munchkin collects, uses, and stores User data in accordance with our Privacy Policy. Users are advised to review our Privacy Policy to understand how Munchkin manages their personal information.
    2. User Rights. Users may have the right to access, correct, and delete their data depending on applicable laws. Please refer to our Privacy Policy for detailed information on these rights and the procedures to exercise them.
  7. Security and Account Responsibility
    1. Account Security. Users are responsible for maintaining the security of their account credentials, which include but are not limited to passwords, email addresses, phone numbers, and any other login information used to access the Munchkin Website. Users must ensure that all security features, such as two-factor authentication, device encryption, and biometric security, are enabled and used where available. Munchkin strongly encourages Users to create strong, unique passwords and to change them regularly to protect User’s accounts from unauthorized access.
    2. Liability for Unauthorized Access. Users are fully responsible for any unauthorized transactions resulting from their failure to secure their account. This includes, but is not limited to, the sharing of passwords, failure to update or secure contact information, or neglecting to enable and hold secure security features such as two-factor authentication. Munchkin is not liable for unauthorized access due to User negligence.
  8. Amendments to Terms. Munchkin reserves the right to amend these Terms at any time, in its sole discretion. Users will be notified of any changes and continued use of the services after such notification will constitute acceptance of the revised Terms.
  9. Termination and Suspension
    1. Conditions for Termination. Munchkin may terminate or suspend User accounts for any reason in its sole discretion, including but not limited to violations of these Terms, fraudulent activity, or any actions deemed harmful to Munchkin or other Users.
    2. No Liability. Munchkin is not liable for losses resulting from account termination or suspension, including any loss of Gift Card value.
  10. Indemnification. Users agree to indemnify, defend, and hold harmless Munchkin, its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses (including attorneys’ fees) arising from or related to their use of the Website, Gift Cards, or violation of these Terms.
  11. No Cash Access. Gift Cards cannot be redeemed for cash, except as required by applicable state laws. Users acknowledge that once a Gift Card is sent to a recipient’s email or phone number, the recipient (or whoever has access to that email or phone number) has control over the Gift Card. Users must ensure that recipient information is accurate and secure. Munchkin will not provide refunds or reissue Gift Cards if accessed by unintended recipients.
  12. Finality of Transactions. All transactions involving the purchase, use, and redemption of Gift Cards are final. No refunds or exchanges will be provided unless required by law. Users should carefully review all transaction details before completing a purchase.
  13. Entire Agreement. These Terms, along with any other referenced documents, constitute the entire agreement between the User and Munchkin, superseding all prior agreements, understandings, or representations, whether oral or written, relating to the subject matter of these Terms.
  14. Force Majeure. Munchkin shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, labor disputes, governmental actions, epidemics, pandemics, failures of telecommunications or internet services, or any other event that constitutes a force majeure event. In such circumstances, Munchkin may suspend or terminate the affected services without liability.
  15. Compliance with Laws and Regulations. Users agree to comply with all applicable local, state, federal, and international laws and regulations in connection with their use of Munchkin’s services, including but not limited to laws governing financial transactions, consumer protection, privacy, and data security. Munchkin reserves the right to take any necessary action, including terminating or suspending services or Gift Cards, to ensure compliance with applicable laws and regulations.
  16. Contact Information. If you have any questions or concerns regarding these Terms, please contact us at: Munchkin, Inc., 7835 Gloria Avenue, Van Nuys, CA 91406 Attn: General Counsel or cserv@munchkin.com.

Last Updated: November 6, 2025