What these terms cover. These are the Terms and Conditions of our website currently http://www.themacguffinproject.com/.
Why you should read them. Please read these terms carefully before you order any Goods from us. These Terms and Conditions tell you who we are, how we will provide our “Goods” (including but not limited to tickets and photographs) and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. By using our website you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions please leave the website immediately and do not enter our venues, purchase our services or Goods.
What is The MacGuffin Project? The MacGuffin Project is an immersive play attraction where teams of people must work together to uncover mysteries and solve puzzles.
How does it work? You and your friends, family or colleagues (with a minimum of three (3) and a maximum of six (6) people) participate in the game. The game is open to anyone over the age of 10 years old. Any 10 to 18 year old must be accompanied by an adult (over 18 years old). We reserve the right to refuse entry if we believe that you are below 10 years old or we believe that you are between 10 and 18 years old but are not accompanied by an adult over 18 years old. Each game runs for up to sixty (60) minutes including the “decompression area” time. After the game you will have the opportunity to purchase merchandise, including photographs taken during your game. We do not provide services of supervision to children at our venues. CCTV and our Staff are present to ensure the correct use of our equipment, access first aid facilities and to implement the “Venue Rules”.
Venue Rules. All participants must obey the following Venue Rules in our venues:
(a) Turn off your mobile phone at all times during your experience;
(b) Follow a dress code and keep a minimum of; a top and shorts and shoes on at all times. We recommend wearing flat shoes. Anyone with no top on, in swim wear or no shoes will not be permitted to enter the venue(s);
(c) No running;
(d) No physical contact with other participants or Staff. Any physical or verbal abuse of an Staff member will not be tolerated and we will prosecute to the greatest extent of the law;
(e) Nothing in the venue needs force, no kicking, punching, climbing, sitting or lying down on the furniture or scenery (you break it, you pay for it);
(f) No abusive language or aggressive behaviour;
(g) Sportsman-like behaviour at all times;
(h) No photography or video recording without management’s prior written permission;
(i) No external food or drinks allowed;
(j) No alcohol, no smoking, and no chewing gum;
(k) Anyone deemed to be under the influence of intoxicating beverages or illegal substances will be refused entry to the venue. Anyone found drinking alcohol or taking drugs at the venue will be removed immediately and if necessary the police informed;
(l) Not to bring any harmful, hazardous or dangerous objects into the venue(s);
(m) You must co-operate with our Staff and follow all reasonable instructions;
(n) You must not release any photos, video or details of the game(s) in the venue during the game to the general public especially on social media websites, unless official photography sent by us;
(o) Our right to admission to our venue(s) is reserved.
Any breach of the Venue Rules can lead to immediate removal from the venue without any refund, ban from the venues permanently and being reported to the police.
CCTV, Photography and Video Recording. We may be recording you on CCTV at any time whilst you are at the venue(s), for health and safety purposes, for security purposes and for the enjoyment of your game. Some of the CCTV footage may be converted in to photographs for you to purchase. We reserve the right to pass on all CCTV footage to the police or local authorities for the prevention of crime. From time to time we or other authorised thirty parties may carry out photography and/or video recording at the venue(s), which may feature you. By accepting these Terms and Conditions and entering our venue(s), you agree that we or any of our authorised third parties may use such images in perpetuity in any promotional, advertising or marketing material in any format whatsoever including on our website and social media websites. You further agree that copyright in these materials rests with us and you waive your so- called moral rights.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
How to contact us. You can contact us by writing or emailing us at 6th Floor Dean Park House, Dean Park Crescent, Bournemouth, Dorset, BH1 1HP or via email to email@example.com or by calling us on 01202 290 914 during business hours.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. Please note telephone calls are recorded for training, fraud protection and monitoring purposes.
”Writing” includes emails. When we use the words “writing” or “written” in these terms this includes emails.
3. OUR CONTRACT WITH YOU
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. All purchases are subject to availability. You must be over 18 years old and living in the UK, in order to purchase our Goods.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this via the email you provided and will not charge you for the Goods. This might be because, including but not limited to; the tickets are no longer available for the date and time you requested, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the Goods.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our website is solely for the purchase and promotion of our services and Goods in the UK. Unfortunately, we do not accept orders from persons or addresses outside the UK.
4. OUR GOODS
Packages. We may offer a ticket and photograph package, where you can purchase tickets and one or more photographs at a discounted package price, as opposed to individual tickets and purchase of photographs at our venues.
Rights in the Goods and website. The Goods, our services, photographs and the content of our website is protected by trademark, copyright, database and other intellectual property rights and you acknowledge that the material and content supplied as part of our website shall remain with us or our licensors. You may display the content of the website on a computer screen, (but not any server or other storage device connected to a network) for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not copy, scrape, modify, reproduce or distribute or use for any purposes any of the materials or content on the website.
Offers on our website. On occasion we may remove certain offers and replace them with new offers on our website at our sole discretion. If you have placed an order and the order is confirmed it will be fulfilled even if it no longer displayed on our website. If the offer is not on our website and you have not placed an order then it will not be available.
Changes to the Goods price and these Terms and Conditions. In addition, we may make changes to these Terms and Conditions or the Goods price, but if we do so, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Goods paid for but not received.
5. PROVIDING THE GOODS
When we will provide the tickets. Subject to clause 3.3, the tickets will be e-tickets produced when we send payment confirmation to you via your email address. Where applicable, this may also include a code for the purchase of your photographs before the game. Please bring a copy of each e-ticket to the venue event.
We are not responsible for delays outside our control. If your game is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Goods you have paid for but not received.
We may also suspend supply of the Goods and services if you do not pay. If there is a problem with your payment and you still do not make payment within fourteen (14) days of us reminding you that payment is due (or, if earlier, prior to the event you have booked taking place), we may suspend supply of the Goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of Goods and will not be liable for any loss you suffer as a result (such as any costs incurred in travelling to the venue). Where you dispute the unpaid fee we will not charge you for the Goods during the period for which they are suspended. Where a dispute is resolved in our favour, as well as suspending the Goods, we can seek compensation against you and also charge you interest on your overdue payments (see Cause 7.1).
6. YOUR RIGHTS TO END THE CONTRACT
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Goods which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Goods, game, venue or these Terms and Conditions which you do not agree to (see Clause 4.4);
(b) we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed (see Clause 8.3);
(c) there is a risk may of delay because of events outside our control (see Clause 5.2);
(d) you have a legal right to end the contract because of something we have legally done wrong.
Changing your mind. If you provide us with no less than fourteen (14) days’ written notice after you have booked your tickets AND there is more than fourteen (14) days left until the date on your tickets, that you would like to reschedule your booking, then at the discretion of the management, you may be able to postpone your booking once only and the management will offer a date and time within two (2) months of your original booking date (where available), which we may transfer your booking to subject to a rebooking fee. You will not be able to cancel your booking. In the unfortunate event that you have to postpone or cancel your booking with less than fourteen (14) days’ notice until the date on your tickets, we reserve the right to retain all monies paid. If you and/or any member of your party arrive late and miss your game(s) no refunds can be given in such circumstances. We reserve the right to cancel or transfer bookings to another date, at any time, at our sole discretion.
7. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for the Goods at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due (or, if earlier, before the event); or
(b) if we suspect fraud or criminal activities.
In each instance we will not be liable for any loss or damage you suffer as a result (inclusive of any costs incurred in travelling to the venue). We may in our sole discretion seek compensation from you (including interest) and report any fraud or criminal activities to the police.
8. PRICE AND PAYMENT
Where to find the price for the Goods. The price of the Goods which includes VAT will be the price indicated on the order page when you placed your order. We take reasonable care to ensure that the price of the Goods advised to you is correct. However, please see Clause 8.3 for what happens if we discover an error in the price of your order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and invalidate your order and Goods.
When you must pay and how you must pay. WorldPay accept payment from all major debit and credit cards and PayPal. You confirm that you are the owner of the credit, debit card or PayPal account. All credit/debit cardholders are subject to validation checks and authorisation. If your payment card is refused or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery of the Goods. We currently do not accept cash payments at our venues.
Payment and Internet Security. We do not guarantee that our website will be secure or free from bugs or viruses. You accept that the Internet is not entirely secure. You are responsible for configuring your computer or mobile device in order to access our website. You are solely responsible for and should use your own anti-virus protection software on your computer or mobile device. If you suspect a scam email purporting to be from us please call us immediately. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to our website, computers or third parties computers’ and software. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-Service attack or a distributed denial-of Service attack. By breaching this clause, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately and criminal charges may be taken against you.
Promotion codes (also referred to as offer codes and discount codes). From time to time a promotional code may be available for use online. Only one promotional code may be used per transaction. Multiple codes cannot be combined in a single order.
The fulfilment of an offer will be subject to availability. The discount is not valid for cash or a cash equivalent.
The MacGuffin Project reserves the right to withdraw or amend the offer at any time for any reason.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Liability. By purchasing Goods from us and/or participating in any game in our venue(s) we shall not be liable to you under or in connection with these Terms and Conditions or any collateral contract including but not limited to the following:
(a) loss of revenue;
(b) loss of contracts;
(c) loss of the use of money;
(d) loss of anticipated savings;
(e) loss of business;
(f) loss of opportunity;
(g) loss of goodwill;
(h) loss of reputation;
(i) loss of, damage to or corruption of data; or
(j) any indirect or consequential loss,
in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort, breach of statutory duty or otherwise.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our proven negligence or the proven negligence of our employees, agents or subcontractors; for proven fraud or proven fraudulent misrepresentation; for breach of your legal rights in under the Consumer Protection Act 1987 and any breach of the terms implied by Part II section 12 of the Sale of Goods Act 1979 or Part II of the Supply of Goods and Services Act 1982; or any other liability which cannot be excluded or limited under applicable law.
We are not liable for business losses. We only supply the Goods for personal private use. If you use the Goods including tickets and/or photographs for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We strictly forbid the use of our tickets or photographs to be used for re-sale purposes and we shall take legal action against such perpetrators including reporting them to the police for fraud and breach of contract and IP rights.
We are not liable for damage, theft or personal injury. We are not responsible or liable for damage to your personal property whilst in our venue(s). We offer lockers to store valuables and personal property, we are not liable for the theft of your personal property and valuables. We take reasonable precautions for the safety of members of the public but we are not liable for personal injury in our venue(s), save for proven negligence.
Indemnity. You indemnify us against any costs (including reasonable legal expenses), loss, damage (including damage to any of our equipment and property in our venue(s)) or liability suffered as a consequence of any breach of your obligations under these Terms and Conditions or the enforcement of these Terms and Conditions or Disclaimer.
We are not liable for personal health. The game(s) are played in a dark, unfamiliar environment with theatrical haze. If you are unsure about whether this is suitable or not please discuss your concerns with a member of our Staff. You acknowledge and accept that some game(s) contain flashing lights and loud music. Any person with a medical condition should consider that our game(s) require physical and mental exertion. Asthmatics, Claustrophobics, Epileptics, those that are pregnant or those with a Pace-Maker or similar must advise a member of Staff prior to them participating in our game(s). Asthmatics are advised to bring their inhaler. We are not liable for your physical reaction to the venue or our game(s). You acknowledge and accept that you enter the venue(s) and participate in the game(s) solely at your own risk. We do not accept liability for loss or injury of whatever nature, caused through misuse of the equipment, property or lack of parental supervision or failure to comply with these Terms and Conditions and Disclaimer.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
11. OTHER TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations, your information and order under these Terms and Conditions to another organisation at our sole discretion, this will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights and obligations under these Terms and Conditions to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the Clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These Terms and Conditions are governed by English law and either you or we can bring legal proceedings in respect of the Goods or services exclusively in the English courts.