Terms & Conditions

1. GENERAL

1.1 Nothing in these terms and conditions is intended to cause any loss of rights or inconvenience.

1.2 These terms and conditions and any contract concluded incorporating these terms and conditions shall be governed by Australian law and all disputes shall be submitted to the exclusive jurisdiction of the Australian courts.

1.3 All the terms of any contract are included or assigned to within these terms and conditions.

1.4 You shall not be allowed to record, capture or snap any photograph, video, film, tape, audio recording whatsoever before, during and after the Xcape Games save and except with the explicit permission of Xcape. If such recording activity is found within the premises, Xcape including the employee or agent shall reserve the power, authority and consent expressly granted by you to delete, remove or transfer such recording to any device, media or hardware owned by Xcape, the copyright of such recordings will deemed automatically granted by you to Xcape. All electronics will be handed over to a staff member of Xcape prior to entering a room. The staff member will not be liable for any breakage of the electronics.

1.5 Xcape Escape Rooms expects our visitors and customers not to disclose any details of the game directly or indirectly to the public.

1.6 Xcape Escape Rooms may contact you from time to time with offers and promotions via email, phone call or message. If you do not want to receive such marketing material, you can opt out or unsubscribe.

1.7 Xcape Escape Rooms in its sole discretion is entitled to charge any guests or players for any damage, which is intentional, negligent or caused by misuse of items.

1.8 While you are on our premises, you must follow our rules and regulations, adopt proper standards of behaviour, and cooperate with our employees at all times.

1.9 Xcape Escape Rooms does not tolerate any kind of bullying or harassment towards its employees or patrons.

1.10 Due to the nature of the games, Xcape Escape Rooms will be able to monitor participants whilst they are in the room via CCTV. We will keep the recordings for a minimum of 48 hours after the game.

 

  1. Xcape ESCAPE ROOMS WEBSITE

2.1 The website www.xcapes.com.au is owned and operated by XCAPE PTY LTD. We may vary these Terms & Conditions at any time. Any variations become effective upon posting on the website. By using the website following the posting of a variation of the Terms & Conditions you consent to be bound by the varied terms and conditions.

2.2 While Xcape endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

2.3 It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Xcape disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.

2.4 Xcape does not guarantee that access to the Xcape website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Xcape website or any data on such a computer.

2.5 You are not permitted to link to or use all or any part of the Xcape Escape Rooms website for any purpose which is fraudulent, unlawful, defamatory, harmful, obscene or objectionable.

2.6 You accept that the Internet is not fully secure. Xcape Escape Rooms will take all appropriate steps to protect the security of any payment and debit/credit card information though Xcape Escape Rooms shall not be liable for any damage that you may suffer as a result of the loss of confidentiality of any such information.

2.7 Xcape Escape Rooms shall not be liable to any person for any direct or indirect, consequential or incidental damages, including (without limitation) lost profits or revenues, loss of opportunity, costs of replacement goods or services, loss or damage to data or business interruption, arising out of any use of the website.

 

  1. BOOKINGS

3.1 Only person(s) who are at least 18 years of age are permitted to book a game.

3.2 It is your responsibility to check that any games issued to you are accurate.

3.3 Any purchase of a game is only valid when processed by Xcape Escape Rooms.

3.4 We do not allow transfer of games to another party. You need to contact us for special consideration.

3.5 Games may not be transferred or resold for commercial purposes or at a premium. If a game is transferred or resold in breach of this condition, the bearer of the game or the person claiming the right to attend, will be refused admission to the game.

3.6 You are responsible for entering your details correctly on the BILLING DETAILS. By submitting all details you warrant to Xcape Escape Rooms that all details supplied by you are true and accurate.

3.7 You will receive an email confirmation of your booking. If you do not receive this, please contact us as your booking is not confirmed.

3.8 A booking becomes a no-show and entry will be declined if the team is 30 minutes late. In such a situation the money is not refundable and the booking is not changeable.

3.9 All bookings are final as this is a LIVE event. No changes, cancellations or reschedules are permitted less than 24 hours before your booked game, otherwise the deposit will not be refunded.

3.10 Xcape Escape Rooms is not liable for any delays or obstructions causing delay to your arrival caused by bad weather, strikes, protests, floods, traffic jams, civil unrest or any other reason. It is your sole responsibility to arrive on time according to your booking.

3.11 The only language available for the conclusion of a booking contract online is English.

3.12 Parents and/or guardians must sign a waiver on behalf of any child under the age of 18, allowing them to participate in the games. Any child under the age of 13 must have a Parent or guardian present in the room with them.

 

  1. PRICE AND PAYMENT

4.1 The price (including GST) for a game per person is stated on the Xcape Escape Rooms website in the Booking & About us sections.

4.2 Bookings can be made online on the Xcape Escape Rooms website, via phone, email or in person at the premise, but ultimately you have to go to the website to check your booking and pay the deposit.

4.3 We accept most major credit or debit cards for payment.

4.4 Deposit payment is required within 1 hour after the time of booking, otherwise the booking is not confirmed.

4.5 Xcape Escape Rooms is a LIVE event so once the booking is confirmed refunds or cancellations can only be done 24 hours prior to your booked game.

4.6 You can reschedule your booking if more than 24 hours notice is provided. A confirmation email or text message will be sent, outlining the details of the new booking. The original booking will not be rescheduled until a new time has been confirmed by Xcape Escape Rooms.

4.7 If less people attend the game than booked, the price difference will not be reimbursed in cash. A credit note for the difference in participants will be provided to use at a later date.

4.8 If more people attend the game than booked (up to 8 persons a room) the extra can be paid upon arrival at the game.

 

  1. CONTACT

If you need to contact Xcape Escape Rooms, you can do so using any of the following methods:

– email: info@xcapes.com.au

 

  1. SAFETY AND ENJOYMENT

6.1 Each Xcape Escape Rooms player will be instructed before their game by their assigned Game Master. After learning the rules, each player will participate in the game at their own risk. Also, Xcape Escape Rooms is not liable for any (personal or equipment) damages caused by room misuse or not following the rules described before the game.

6.2 If you are late by more than 30 minutes of the original time of your booking, the reservation becomes a no-show automatically and you won’t be able to start your game. To re-book another game, it must be of your own expenses and according to current availability.

6.3 You shall not enter the premise under the influence of drugs or intoxicated, failing which Xcape including the employee or agent shall reserve all rights and power to decline or refuse your entry to the premise. If you are found to be under such influence, Xcape including the employee or agent shall have the power, authority and consent expressly granted by you to remove and confiscate such alcohol, drug or liquor without any compensation, remedy or damages and shall reserves all rights and authority to take the necessary legal action to ensure reputation of Xcape business remain intact and guard against any risk or harm towards the Xcape business. All losses, damages or legal costs derive from such incident shall be solely borne by you.

6.4 Drinks and food may not be brought into the reception or rooms.

6.5 To be admitted, you must confirm the full name of the booker and might be asked to confirm phone number and email address as well as show ID.

6.6 Any children under 13 must be accompanied by at least one adult at all times.

6.7 Xcape Escape Rooms has limited waiting areas and so early arrivals will be asked to return at the correct time.

6.8 Xcape Escape rooms recommends customers to wear comfortable clothing for the game. We provide a safe place for valuables.

6.9 You undertake to behave, conduct, perform, carry out, execute, achieve and complete the game in accordance to the instruction, command and rules specified by Xcape failing which Xcape including the employee or agent shall have the right and power to decline or refuse your entry to the Site.

6.10 You agree to comply with the Conditions of Entry and any other conditions displayed at the front gate of the premises or attractions therein. We may cancel or suspend your pass and/or remove you from the premises if you breach any of the Conditions of Entry.

6.11 You undertake not to carry or bring any dangerous, harmful or hazardous object into the premises including but not limited to sharp object, explosive items, weapon or item deemed to be dangerous or harmful to other visitors on the premises. In the event if such item or object is found, Xcape including the employee or agent shall have the power, authority and consent expressly granted by you to remove and confiscate such item or object and further decline or refuse your entry to the premises.

 

  1. Permission to use photos

7.1 You grant permission to Xcape Pty Ltd to use images of me. Such use includes the display, distributions, publications, transmissions or otherwise use of photographs, images and/or videos taken for use in materials that include, but may not be limited to, printed materials such as Brochures, Newsletters, Videos and digital images used on Xcape Escape Rooms Website and Social Media Pages, such as Facebook and marketing events.

 

  1. COPYRIGHT & CONFIDENTIALITY

8.1 The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of Xcape and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Xcape.

Save for the above, and unless expressly granted, Xcape does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Xcape website or in the user interface of the Xcape website.

 

  1. PRIVACY POLICY

9.1 What information do we collect?

We collect information from you when you register on our site or fill out a form

When ordering or registering on our site, as appropriate, you may be asked to enter your name or e-mail address. You may, however, visit our site anonymously.

9.2 What do we use your information l or?

Any of the information we collect from you may be used in one of the following ways:

  • To personalise your experience (your information helps us to better respond to your individual needs)
  • To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
  • To process transactions

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by the customer

  • To send periodic emails

The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email

  • To administer a contest, promotion, or other site feature

9.3 How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you access your personal information

9.4 Do we use cookies?

We do not use cookies

9.5 Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses

9.6 Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites

9.7 Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

9.8 Your Consent

By using our site, you consent to our privacy policy.

9.9 Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

This policy was last modified on 29 November 2017.