TERMS AND CONDITIONS

Revision: 3

Updated: 11 July 2021

In these terms and conditions, “we”, “us” and “our” refers to Just Breakout (Pty) Ltd.  Your access to and use of all information on this website and services offered including purchase of our product/s and service offered is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website and services offered following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

These terms of condition also apply to the use of (participating in the games) of Just Breakout (Pty) Ltd.

Our Website Services

1. Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in South African Rands (ZAR) and are inclusive of VAT.  We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  If you have placed an order, we reserve the right to cancel your order should our prices change.

Product/Service Descriptions

1. We strive to ensure that our products/services offered are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.
2. Images have been provided for illustrative purposes only.
   

Product/Service Orders and Bookings

1. We reserve the right to refuse any order or bookings you place with us.
2. Games booked cannot be transferred or resold.
3. We endeavour to ensure that our product/services offered is current however we give no undertaking as to the availability of any product advertised on our website.
4. All prices are in South African Rands (ZAR) and are inclusive of VAT.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  
5. When you order or make a booking from us, we require you to provide your name, email address and billing address. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
6. We undertake to accept or reject your order or booking.  If we have not responded to you within Seven (7) days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer or booking to purchase however the most likely reason for rejecting your offer will be that we do not currently have availability of the product.
7. Once you have submitted an order or booking, you may not cancel that order or booking even if our acceptance or rejection of your offer is still pending.
8. A payment is a pre-payment for a selected time slot and game. The pre-payment only becomes a contractual booking, when a booking validations has been sent. The booking confirmation that you should receive shortly after the booking only highlights your booking details.
9. Provision of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.  
10. Payment is required in full online. Should more players be required, an additional fee will be charged if the room has available space or tickets are available, this payment to be made on the day that the service is offered.
11. You are responsible to ensure the correct details have been entered with regard to your booking or order.

Order Cancellation Due To Error

1. A booking or order may need to be cancelled at short notice due to technical issues. In this case the customer may decide if a refund or re-schedule be made.
2. Where a product/service offered has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where a pre-payment has been made, we will refund the total amount.
   

Services Cancelled

1. We have the right to cancel a booking for service offered at our discretionand no reason needs to be given. A full refund will be performed within Seven (7) Days.

Accuracy, Completeness and Timelines of Information

1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Site Access

1. When you visit our website, we give you a limited licence to access and use our information for personal use.
2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
3. Except as permitted under the Copyright Act 1978 you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

1. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
2. Linking our website is not permitted.  We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.  
3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
4. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Limitation of Liability

1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.
3. In the event of damages or injuries that arose due to gross negligence, Just Breakout (Pty) Ltd limits its liability to Ten Thousand South (10 000) African Rand.

Force Majeure

1. If a Force Majeure event causing delay continues for more than Five (5) Days, we may terminate this Agreement by giving at least Five (5) days’ notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

1. These terms and conditions are to be governed by and construed in accordance with the laws of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Gauteng and you agree to submit to the jurisdiction of those Courts.
2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Disclaimer of Warranties, Limitation of Liability

1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5. In no case shall Just Breakout (Pty)Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

1. You agree to indemnify, defend and hold harmless Just Breakout (Pty)Ltd and our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
2. By accessing our website or physical location, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or premises.

Game Play and Services Rendered

1. No recordings can be taken inside the rooms. Using mobile phones or recording equipment in our game rooms will cause the game to be stopped and the game will be aborted.
2. The client will be charged for damages that have been intentional caused or caused by misuse.
3. The players acknowledge that it is possible to injure themselves and Just Breakout (Pty) Ltd does not take any liability for players injuring themselves or getting hurt.
4. In the event of a fire alarm before the end of a game, a game might need to be aborted, it is up to the client to book different game or receive a refund.
5. Players receive a short pre-game briefing by their game host. During the briefing the game host will inform players about the rules and hints for the booked game.
6. Just Breakout (Pty) Ltd is not liable for any (personal or equipment) damages that arise before, during or after our games.
7. People under influence of alcohol or drugs might be turned away and their game stated as a no-show.
8. Drinks and food may not be brought into game rooms.
9. CCTV cameras are installed in all rooms. The players agree to be recorded.
10. Just Breakout (Pty) Ltd does not take any responsibility for items left in lockers or at the premises. Items that have been left will be removed and stored for collection for up to 30 days. If not collected, contents will be given to a charity or disposed.

Privacy

1. The submission of your personal information through our site or store is governed by our Privacy Policy.
   
2. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
3. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
4. By accepting these Terms and Conditions, you also accept our Privacy Policy and provide consent when submitting your personal information.

Covid-19 Safety Measures

1. The maximum number of players has been reduced and only 7 customers will be allowed in store at any time
2. Covid-19 screening will be done upon arrival. Customers with temperatures above 37.5°C or who experience any of the Covid-19 symptoms will not be allowed to play. Bookings can be rescheduled.
3. The wearing of a face mask covering both nose and mouth at all times is compulsory 

These Terms and Conditions have been specifically drafted for, and provided to Just Breakout (Pty) Ltd by LawLive Pty Ltd (www.lawlive.co.za). Edits have been performed to adapt them accordingly.