Last Updated: 30 March 2020
TERMS & CONDITIONS
1.1. “Company” means FRUK Life Limited, a company registered in England & Wales with company registration number 11103229.
1.2. “Game” means any mobile adventure game developed and/or distributed by the Company.
1.3. “Entry Fee” means the price to purchase a Game as set out in the Entry Form, such price may be changed by the Company at its discretion.
1.4. “Entry Form” means the website pages which must be completed in order to participate in a Game.
1.5. “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks business names and domain names, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including knowhow), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.6. “Participant” means the person who participates in a Game.
1.7. “Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
1.8. “Safety Instructions” means the safety rules that are part of the Game's instructions.
1.9. “Source Code” means a text listing of commands compiled or assembled into an executable computer programme.
1.10. “Terms” means these terms and conditions.
1.11. “Website” means the Company website www.onigoescapes.com.
2. Acceptance of Conditions
2.1. By participating in a Game, you are agreeing to these Terms and to the Safety Instructions. If you do not agree to these Terms, do not participate in a Game.
2.2. The minimum age to book a Game is 18 years old as of the date of purchasing a Game.
2.3 Participants under the age of 18 years old must be accompanied by an adult over 18 years old.
2.4 Participants under the age of 18 years old must have express consent from a parent or guardian to participate in a Game, to these Terms and to the use of their Personal Data as set out in these Terms.
3.1. The Participant acknowledges that the Game is self-guided.
3.2. The Participant acknowledges that participation in a Game:
a) is physically strenuous;
b) will be physically demanding;
c) has associated medical and physical risks involved due to the nature of the Game; and
d) shall involve running or walking through a public park which contains other users as well as public roads whilst using their mobile phone to navigate and to send and receive information.
3.3. The Participant agrees that:
a) he/she is physically capable of competing in a Game;
b) he/she shall be solely responsible for his/her actions, including being aware of their surroundings;
c) the Company, its officers, employees, agents, affiliates, associated companies, sponsors and medical advisers are not responsible for any injury or illness that the Participant may suffer as a result of his/her participation in a Game and he/she undertakes entirely that the Participation is at their own risk; and
d) should any medical or physical condition arise prior to the participating in a Game which is likely to affect his/her ability to take part, the Participant will not take part in a Game.
3.4. The Participant acknowledges the exclusion of liability and indemnity provided in clause 5 of these Terms.
3.5. The Participant acknowledges that no insurance, whether Public Liability Insurance or otherwise, is taken out by the Company on the Participant’s behalf. Therefore, any and all insurance (including personal accident and personal items insurance) is his or her sole responsibility and the Company recommends all Participants take out such insurance as they deem appropriate.
4. Entry and Payment
4.1. The Participant must complete the Entry Form and submit it together with payment of the Entry Fee.
4.2. The Participant shall not be eligible or entitled to participate in a Game until full payment of the Entry Fee has been received by the Company. No payment shall be deemed to have been received until the Company has received cleared funds.
4.3. Any purchase is only valid when processed by the Company.
4.4. Once the booking is confirmed, the Participant can rearrange the booking to an alternative date or cancel and request a refund at any time prior the scheduled start time of the Game.
4.5. If a participant wished to rearrange a booking for an alternative date or cancel and obtain a refund, they must contact the Company by email at firstname.lastname@example.org.
4.6. Booking times are flexible on the day the Game has been booked for. The link to the Game is detailed in the confirmation email and is valid at any time on the day of booking up until the final booking time provided on the Website.
4.7. Bookings may not be transferred or resold for commercial purposes or at a premium. If a booking is transferred or resold in breach of this condition, the bearer of the booking or the person claiming the right to participate in the Game will be refused participation.
4.8. The Participant is entirely responsible for entering your details correctly on the Entry Form.
5. Company Responsibilities / Liability
5.1. No employee of the Company is responsible for the actions taken by participants during the Game even if the employee is present during the Game. Any employee’s presence is for the purpose of greeting Participants and / or capturing photography only.
5.2. Notwithstanding anything in these Terms to the maximum extent permitted by law, the Company shall not have any liability to the Participant, whether in contract, tort (including negligence) or otherwise for any direct or indirect loss or damage, loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever arising out of the Participant taking part in a Game or any other matter arising under these Terms. Without limiting the foregoing, the Company will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
5.3. Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, heirs and successors in title the right to any recourse or claims whatsoever against the Company as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Participant's participation in a Game, and the Participant hereby undertakes, for him/herself, heirs and successors in title to indemnify and hold harmless the Company for any costs and/or amount, which they or any of them may be required to pay as a result of any aforesaid recourse or claim by whomsoever made. The Participant also agrees to indemnify the Company for any claim, actions, liabilities or losses resulting from any breach of the Participant’s declarations above and/or the Participant's negligent acts or omissions and/or wilful misconduct.
5.4. Nothing in these Terms shall exclude or limit the liability of the Company for death or personal injury resulting from its negligence or any other matter which it would be illegal for the Company to exclude or attempt to exclude liability.
6. Personal Data
7. Intellectual Property Rights
7.1. Subject to the Source Code Intellectual Property Rights as further set out in clause 8 below, all Intellectual Property Rights in or arising out of or in connection with a Game shall be owned by the Company.
7.2. The Company grants to the Participant, or shall procure the direct grant to the Participant of, a fully paid-up, non exclusive, royalty-free licence during a Game to use the information provided for the purpose of participating in a Game.
7.3. The Participant shall not sub-license, assign or otherwise transfer the rights granted in these Terms.
7.4. The Participant grants the Company a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Participant to the Company for the duration of a Game for the purpose of providing the Services to the Customer.
7.5. Any film, photographs (by camera or mobile phone), or any other recording of moving or still picture taken in the course of a Game, and all Intellectual Property Rights in connection with the Participant’s participation in a Game (including but not limited to copyright) shall remain the property of the Company, and where such Intellectual Property Rights does not automatically vest in the Company, these Terms shall constitute a legally binding assignment thereof and/or the Participant shall sign, or procure the signature of all necessary documentation required to give effect thereto. Any such recording shall not be used other than for private use without the Company's prior written consent.
8.1. The Company attributes the Game’s use of the following software: