Terms & Conditions

Last Updated: 26th April, 2018

    1.Definitions

    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.playonigo.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.Participation

    3.1. The Participant acknowledges that the Game is self-managed.
    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 4 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. Once the booking is confirmed, the Company cannot accept any cancellations or
    give any refunds.
    4.4. Any purchase is only valid when processed by the Company.
    4.5. 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.
    4.6. If you wish to transfer your booking(s) into someone else’s name, you must contact the Company by email at hello@playonigo.com
    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 admission.
    4.8. You are 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

    6.1. The Participant acknowledges that his/her Personal Data will be stored and
    processed for the purpose of participating in a Game. The Participant consents to the Company’s use of their Personal Data for such purposes.

    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.Acknowledgments

    8.1. The Game utilises open-source software which meets the Open Source
    Initiative’s Open Source Definition (set out at www.opensource.org) or any libraries or code licensed from time to time under the General Public Licence (as described by
    the Free Software Foundation and set out at www.gnu.org). 8.2. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
    a) redistributions of Source Code must retain the above copyright notice, this list
    of conditions and the following disclaimer; and
    b) redistributions in binary form must reproduce the above copyright notice, this
    list of conditions and the following disclaimer in the documentation and/or other
    materials provided with the distribution.
    8.3. THIS SOFTWARE IS PROVIDED BY OPENLAYERS CONTRIBUTORS ``AS IS''
    AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
    TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
    PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
    COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
    INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
    DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
    SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
    BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
    LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
    NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
    THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
    8.4. The views and conclusions contained in the software and any associated
    documentation are those of the authors and should not be interpreted as representing
    official policies, either expressed or implied, of OpenLayers Contributors.