ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE WEBSITE AT www.wearefairgame.com (“Site”) OR THE APP KNOWN AS “FAIRGAME” (“App”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE WEBSITE OR THE APP (TOGETHER THE “Site”) MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS SITE USER AGREEMENT ("Agreement").
Contracting parties. The Site and all content, data and other materials contained on the Site (“Content”) are owned or controlled by Partisan Work Limited, a company registered in the UK under company number 11885466 with offices at 30 Churchill Place, 4th Floor, London E14 5RE, UK, UK (“we” or “our” or “Company”). When you register with (or otherwise access) the Site, you are contracting with Company You must be at least 18 years old to register with the Site and to make a booking and/or attend a Venue (and we reserve the right to require proof of age for you and each member of your group at any time in any circumstances). You agree and undertake to ensure and procure that each member of your booking group complies with the applicable terms of this Agreement.
Passwords. You agree: to keep confidential any password or other security details issued to (or selected by) you and to not allow anyone else to use your email address or such details to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via firstname.lastname@example.org and we will close your account as quickly as possible. Please note that you will be responsible to Company and to others for all activity that occurs under your registration account.
The Fairgame Service. Company offers games and entertainment via its physical locations (“Venues”), and online booking, pre-purchase of foods and beverages at the Venue and the ability to purchase various items of merchandise via the Site (“Service”). To get the best experience from a booking, each member of your group should download the App (and following a booking you will be sent a link to share before arrival at the Venue). We reserve the right to amend the Service without notice as necessary to comply with applicable law or any regulatory requirement.
Bookings (Right to Attend). Each booking for entry to a Venue that you purchase via the Site is a revocable licence to attend a particular Venue on the stated date at the stated time for a duration not to exceed five (5) consecutive hours (“Rights”) and is subject to the terms of this Agreement, as well as any additional terms applicable to the particular event or Venue (as posted on the Site at the applicable Venue from time to time). To make a booking, follow the instructions on the relevant page of the Site. Please note that bookings are subject to availability and may be cancelled by Company at any time for any reason, pursuant to refund where applicable. Please ensure your party arrives on time for your booking, allowing plenty of additional time in case of adverse weather or disruption to public transport. If you choose to also purchase credits for obtaining food and beverages at a Venue (“Credits”) and/or merchandise items via the Site, you agree to pay, in addition to the price for booking and/or other items, all other chargeable fees such as processing fees, shipping and handling fees and other miscellaneous fees. You should plan to arrive at the Venue at least 15 minutes prior to the booking time. Your group will be given an allocated gaming time slot and you are responsible for playing all your intended games within such time. We accept no liability if you do not complete your preferred gaming experience within such booking slot. Please take care of our facilities and equipment at the Venue (anyone who causes damage will be required to pay for our loss beyond reasonable wear and tear). Food and beverage not provided by Company (or its contractors) will not be allowed in any Venue. Please note that you may not bring your own equipment or any large personal item into a Venue (and entry may be denied accordingly).
Payments. Payments may be made by credit/debit card using Visa or MasterCard (and other payment methods offered from time to time as detailed on the Site). All transactions are charged on a pre-authorised basis. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order nor are we obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to you and that there are sufficient funds or credit available to cover the preauthorised charges and at the point the card is charged. Please note that international payments and certain payment methods may incur higher payment processing costs.
Orders and Booking Confirmations. Company normally sends an acknowledgement of your requested booking to the email address provided by you. You should also receive a confirmation after your purchase is confirmed. If you do not receive a confirmation from us, if you receive an error message, or if you discover an error in the information provided, please contact Company in good time before the date of your intended booking via email@example.com to ensure your transaction was completed and that your information is correct. Company shall not be responsible for transactions not completed or for assumptions that a transaction was completed even though you did not receive a confirmation. Please note that orders are processed only after a billing address, and/or other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information that can delay processing and delivery. In such cases, Company will attempt to contact you using the information provided at the time of purchase. If Company is unable to reach you after an initial attempt, we may cancel your booking without further notice or attempted notice to you. Information sent to the email address you provide shall be deemed as delivered to you, regardless of whether you check your email, provide an incorrect address, or if the message is marked as “spam.” Please note that bookings and Credits may not be re-sold or transferred in any way without the prior written approval of Company. Please note that any booking for 15 or more persons will be deemed a “group booking” or an “event” and special terms and/or rules may apply. A confirmation of your booking will be delivered to you as indicated at the time of purchase, most frequently via electronic delivery to the email address provided. Company shall not be responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate address. If you have not received your confirmation by five (5) days before the date of booking, please contact us at firstname.lastname@example.org. There may be circumstances in which we make your booking confirmation available to you at the Venue.
Refunds, Exchanges and Cancellations. Please review your booking details carefully, including the date, time and location, before completing your transaction. Unless otherwise stated herein, bookings cannot be changed or refunded save that online or phone bookings may be cancelled for a full refund by written (or confirmed telephone) notice to Company within 14 days of purchase (provided such notice is received before the cancellation deadline specified in your booking confirmation email). We reserve the right to reject or cancel any purchase at any time for any reason (including without limitation if we suspect fraud or any other issues with payment or suspicious account activity).
Proper Conduct: All attendees must conduct themselves properly at the Venue. We reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly or improper, who uses inappropriate, vulgar or abusive language, who fails to provide proper identification, or who fails to comply with any other rules posted at the Venue. Breach of these terms or rules could result in the termination of your Rights. Please note that your use of the facilities and equipment provided at each Venue is at your own risk. All attendees shall have sole responsibility for safeguarding their personal belongings while present at a Venue and Company shall not accept liability for any loss or damage to any such personal belongings.
Recording/Photography Restrictions: You may video record your own group attendees at the Venue and in such case we encourage you to post such recordings on our social media at [ ]. Additionally you grant permission to Company to use your image, likeness, sounds in any audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, a Venue (regardless of whether before, during or after a booking) for any purpose, in any manner, without further authorisation from, or compensation to, you or anyone acting on your behalf.
Search/No Expectation of Privacy: You and your belongings may be searched on entry to a Venue. You consent to such searches and waive any related claims that may arise from such a search. If you elect not to consent to such searches, you may be denied entry to the Venue without refund or other compensation. You agree that the Venue is a public place, that your appearance and actions inside and outside the Venue are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Venue.
Site Content. The Content is intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Company, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
Termination of this Agreement. We may at any time terminate your access to a Venue and/or this Agreement generally, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Liability. You agree that the liability of Company to you hereunder shall be limited to the amount you have actually paid to us for products or services hereunder of, if greater, GBP£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Company.
Warranties. To the extent permitted under applicable law, ALL COMPANY PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Company, makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties' website to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects.
Indemnity. You agree to indemnify us for any loss or damage that may be incurred by Company, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify us for all loss or damage incurred by Company in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.
Trade Marks. The brands, products and service names used in the Site and the Content (including without limitation, "Fairgame”) are trademarks or trade names of Company or its trading partners unless otherwise stated.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud Company or any other parties through your use of the Site, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Service in order to provide a better experience wand you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
Contacting Us. If you have any questions, please contact us at the following address: Partisan Work Limited, a company registered in England with offices at 30 Churchill Place, 4th Floor, London E14 5RE, UK, or email us at HYPERLINK "mailto:" email@example.com.