PLEASE READ THIS IMPORTANT INFORMATION

WAIVER

By purchasing and playing a Game from AdventureOut! Games, you (and your executors, administrators, heirs, next of kin, successors, and assigns) commit to:

(1) WAIVE, RELEASE, AND DISCHARGE Adventure Out Ltd and any directors, officers, employees, volunteers, representatives, and agents from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for our death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity,

(2) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in paragraph (1) from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.

(3) ACKNOWLEDGE that Adventure Out Ltd and their directors, officers, volunteers, representatives, and agents are NOT responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf

(4) ACKNOWLEDGE that there are risks that include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people, and I understand these risks and wish to continue with the activity regardless.

(5) COMMIT to causing no damage whatsoever to any structure, sign, monument, trees or any other part of the trail and understand that any wilful damage is a criminal offence and will be reported to the relevant authorities for investigation.

(6)  CONSENT AND AGREE that AdventureOut Ltd may use any information or images produced by the activity and use these in any and all media for training, promotional or other safety purposes. I further consent that Group members’ identity may be revealed therein or by description, text or commentary. I waive any rights, claims or interest to inspect or approve the use of the photograph and/or recording with respect to the Group, and understand that there will be no financial or other remuneration of any kind.

By participating in any activity provided by adventure Out Ltd, YOU CERTIFY THAT YOU HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENT. YOU ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND BY PARTICIPATING IN THE ACTIVITY, YOU FULLY ACCEPT THIS WAIVDER AND THE TERMS AND CONDITIONS, LISTED BELOW,  WITHOUT RESERVATION.

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TERMS & CONDITIONS

By using our website you agree to abide by these terms and conditions at all times.  The placement of an order online for Adventure Out games, or purchase of a Scratch Card, deems your acceptance of these terms and conditions

1.1     General Issues

1. These Terms and Conditions apply to booking of any Adventure Out! products at any of the locations shown on the website.
2. These Terms and Conditions contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these Booking Terms and Conditions.
3. No variation to these Terms and Conditions can be made without prior written agreement from Adventure Out Ltd.
4. Any typographical, clerical or other error or omission in any booking confirmation or other documentation issued by Adventure Out Ltd (including any electronic documentation) shall be subject to correction without any liability on the part of Adventure Out Ltd.
5. Adventure Out Ltd reserves the right to make changes to games if required to ensure the safety and enjoyment of the participants

1.2       Booking Confirmation

1. By making a purchase from the AdventureOut! website or via an AdventureOut! scratch card, you are deemed to have entered into a contract with Adventure Out Ltd.  Confirmation of purchase via the website will be sent via email , and will include a unique one-time code to give a single access to a game on the AdventureOut! App.  When purchasing a scratch card, your receipt will act as confirmation and the one-time code will be revealed when the scratchable panel is removed.
2. Games are playable at any time and date, with no expiry date.  Therefore, no date or time of use will be provided.

1.3         Clothing

Participants are responsible for the choice of clothing and footwear.  Adventure Out Ltd recommends taking clothes for all weather eventualities, and waterproof footwear with gripped soles.  Adventure Out Ltd assumes no responsibility for the incorrect choice of clothing and footwear, and any negative outcomes therein.

1.4         Conditions

1. Participants are responsible for assessing conditions are acceptable to play the game they have selected. Adventure Out Ltd can not be held responsible for any interruption to play due to adverse weather or any negative outcomes from playing games in adverse weather conditions.
2. Participants should prepare for eventualities caused by the conditions including, but not limited to, drinking water, sunscreen, waterproof clothing and umbrellas

 

1.5         Mobile Phones & App

1. Participants will need one smartphone that has sufficient data available via a mobile signal to be able to complete the game. The AdventureOut! App must be downloaded from the Google Play or Apple Stores before the start of the game. Only one session can be used for any single game.
2. Players will need to read and sign the waiver for every game before they start to play.

1.6   Cancellations and refunds

1. Once purchased, refunds will not be possible including any games that are started but subsequently stopped due to adverse weather conditions or other unplanned events.
2. Adventure Out Ltd offers a no quibble, money back guarantee for any game that has been played but is deemed by the purchaser to be below expectations.
3. Should any purchaser instigate a claim for the money back guarantee, the purchaser must fulfil the following:

• To have completed at least 50% of the game in question
• To complete a short feedback form, detailing why the game did not meet expectations

1. Payments will be refunded to the same credit/debit card that paid for the game. Scratch card purchase refunds will be by bank transfer or as a credit against a future purchase.

1.7       Price and Payment

The price charged for the product will be clearly indicated on the website.  Payment will always be made in full when booking or purchasing a scratch card, unless alternative arrangements are agreed in writing.

1.8       Liabilities

1. Except as otherwise provided in these Terms and Conditions, EGC shall not be responsible for the loss, or damage, of or to any property or to any person arising from the booking of, or participation in, the Games
2. Parking will be on public roads and car parks, and therefore vehicles are left at the owners’ risk and subject to any conditions and the payment of any fees as may be required by the provider of such facilities at the site location.
3. All participants will read the Waiver before participation in any of the AdventureOut! games and will have deemed to have read and accepted the terms of the Waiver upon participation in any AdventureOut! game.

1.9       Miscellaneous

1. If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.
2. Nothing above shall confer on any third party any benefit or the right to enforce any of these Booking Terms and Conditions.
3. These Booking Terms and Conditions shall be governed by and interpreted in accordance with the laws of the country in which the activity is located.

2. Products and Services

2.1       Making a Purchase

Browse our products and add any items that you wish to buy into the basket.  By submitting your order you are offering to buy goods and allowing us to use your personal details for the purpose of supplying those goods.  We will not pass your details to any third party organisations without your explicit consent.  We will contact you by e-mail or telephone regarding any changes or updates to your order.

2.2       Credit Card Security

All online purchases take place safely, using Internet security technology to protect our customers.  All credit card information and personal data is encrypted to ensure your purchases with us are private and protected, using SSL technology.

2.4       Payment

You can pay for your order by using the following:  Visa, MasterCard, Delta/Connect or Maestro.  All card payments are authorised at the point of ordering, which will require the cardholder’s full details including name, address and telephone number.  These must match the exact details registered with the card user.

2.5       Content

Although Adventure Out Ltd will do their best to ensure the accuracy of all information within this website, we shall not be liable for damages of any kind resulting from the use of this site.

2.6       Pricing

If a product is advertised at an incorrect price due to a typographical error, we reserve the right to refuse or cancel an order whether or not said order has been confirmed.  In such a case we will make you aware of this and a full refund will be given, if required.  All Product and Services prices are shown in points sterling and are inclusive of the current standard rate at the time of booking.

2.7       Delivery Schedule

1. All one-time codes are delivered electronically with the booking confirmation
2. Orders for scratch cards to be sent by post will be fulfilled within 24 hours of placing the order and will be sent by second class post to the address given.

2.7       Customer Service

The website and app will have all the information you need to book and play the games.  If you do need any additional help, please email us at customer@adventureout.co.uk or call 03451 13 13 13.  Calls are local rate calls and are included in most pre-pay plans on mobile.

2.8       Complaints

If, for any reason, you are dissatisfied with the service you have received, please contact us.  Email customer@adventureout.co.uk. Your email will be investigated immediately and we aim to respond within 48 hours but will keep you informed if it is likely to take longer. Details of all complaints will be reviewed so we can continue to improve our customer service.

3.1      COVID-19 Coronavirus Policy

EGC advise that all current government guidance is adhered to.  For any games inside premises, we also request you follow the local requirements.  In any condition, we suggest that washing hands regularly and wearing a mask in crowded conditions are prudent steps to take.  EGC does not supply any PPE or chemicals.

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PRIVACY & DATA POLICY

Aim and scope of policy

This policy applies to the processing of personal data in manual and electronic records kept by the Company in connection with its day-to-day delivery and management of Games. It also covers the Company’s response to any data breach and other rights under the General Data Protection Regulation and current Data Protection Act.

This policy applies to the personal data of all customers. These are referred to in this policy as relevant individuals.

“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data.

“Data processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

The Company makes a commitment to ensuring that personal data is processed in line with GDPR and domestic laws and all its employees conduct themselves in line with this, and other related, policies. Where third parties process data on behalf of the Company, the Company will ensure that the third party takes such measures in order to maintain the Company’s commitment to protecting data. In line with current data protection legislation, the Company understands that it will be accountable for the processing, management and regulation, and storage and retention of all personal data held in the form of manual records and on computers.

Types of data held

The following types of data may be held by the Company, as appropriate, on relevant individuals:

• Name, address, phone numbers
• Email addresses
• Financial information as needed to process transactions and refunds

Data protection principles

All personal data obtained and held by the Company will:

• be processed fairly, lawfully and in a transparent manner
• be collected for specific, explicit, and legitimate purposes
• be adequate, relevant and limited to what is necessary for the purposes of processing
• be kept accurate and up to date. Every reasonable effort will be made to ensure that inaccurate data is rectified or erased without delay
• not be kept for longer than is necessary for its given purpose
• be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
• comply with the relevant data protection procedures for international transferring of personal data.

In addition, personal data will be processed in recognition of an individuals’ data protection rights, as follows:

• the right to be informed
• the right of access
• the right for any inaccuracies to be corrected (rectification)
• the right to have information deleted (erasure)
• the right to restrict the processing of the data
• the right to portability
• the right to object to the inclusion of any information
• the right to regulate any automated decision-making and profiling of personal data.

Procedures

The Company has taken the following steps to protect the personal data of relevant individuals, which it holds or to which it has access:

• it appoints or employs employees with specific responsibilities for:
  • the processing and controlling of data
  • the comprehensive reviewing and auditing of its data protection systems and procedures
  • overviewing the effectiveness and integrity of all the data that must be protected.

There are clear lines of responsibility and accountability for these different roles.

• it provides information to customers on their data protection rights, how it uses their personal data, and how it protects it. The information includes the actions relevant individuals can take if they think that their data has been compromised in any way
• it can account for all personal data it holds, where it comes from, who it is shared with and also who it might be shared with
• it carries out risk assessments as part of its reviewing activities to identify any vulnerabilities in its personal data handling and processing, and to take measures to reduce the risks of mishandling and potential breaches of data security. The procedure includes an assessment of the impact of both use and potential misuse of personal data in and by the Company
• it recognises the importance of seeking individuals’ consent for obtaining, recording, using, sharing, storing and retaining their personal data, and regularly reviews its procedures for doing so, including the audit trails that are needed and are followed for all consent decisions. The Company understands that consent must be freely given, specific, informed and unambiguous. The Company will seek consent on a specific and individual basis where appropriate. Full information will be given regarding the activities about which consent is sought. Relevant individuals have the absolute and unimpeded right to withdraw that consent at any time
• it has the appropriate mechanisms for detecting, reporting and investigating suspected or actual personal data breaches, including security breaches. It is aware of its duty to report significant breaches that cause significant harm to the affected individuals to the Information Commissioner, and is aware of the possible consequences
• it is aware of the implications international transfer of personal data internationally.

Access to data

Relevant individuals have a right to be informed whether the Company processes personal data relating to them and to access the data that the Company holds about them. Requests for access to this data will be dealt with under the following summary guidelines:

• an email asking to make a subject access request should be sent to customer@adventureout.co.uk
• the Company will not charge for the supply of data unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request
• the Company will respond to a request without delay. Access to data will be provided, subject to legally permitted exemptions, within one month as a maximum. This may be extended by a further two months where requests are complex or numerous.

Relevant individuals must inform the Company immediately if they believe that the data is inaccurate, either as a result of a subject access request or otherwise. The Company will take immediate steps to rectify the information.

Data disclosures

The Company may be required to disclose certain data/information to any person or organisation. The circumstances leading to such disclosures include:

• any request required under law
• To help prevent crime or injury.

These kinds of disclosures will only be made when strictly necessary for the purpose.

Data security

The Company adopts procedures designed to maintain the security of data when it is stored and transported.

In addition:

• All information is stored in a secure manner and is only accessed by people who have a need and a right to access this information
• Regular checks are made to ensure the accuracy of data being entered and stored
• secure passwords, tokens and/or encryption is used to protect the computer systems. All security devices are changed regularly

Personal data should not be kept or transported on laptops, USB sticks, or similar devices, unless authorised by Ian Cox, Managing Director. Where personal data is recorded on any such device it should be protected by:

• ensuring that data is recorded on such devices only where absolutely necessary
• using an encrypted system — a folder should be created to store the files that need extra protection and all files created or moved to this folder should be automatically encrypted
• ensuring that laptops or USB drives are not left lying around where they can be stolen.

International data transfers

The Company does not transfer personal data to any recipients outside of the EEA.

Breach notification

Where a data breach is likely to result in a risk to the rights and freedoms of individuals, it will be reported to the Information Commissioner within 72 hours of the Company becoming aware of it and may be reported in more than one instalment.

Individuals will be informed directly in the event that the breach is likely to result in a high risk to the rights and freedoms of that individual.

If the breach is sufficient to warrant notification to the public, the Company will do so without delay.

Training

New employees must read and understand the policies on data protection as part of their induction.

All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach.

The nominated data protection officers for the Company are trained appropriately in their roles under data protection legislation.

All employees who need to use computer systems are trained to protect individuals’ private data, to ensure data security, and to understand the consequences to them as individuals and the Company of any potential lapses and breaches of the Company’s policies and procedures.

Records

The Company keeps records of its processing activities including the purpose for the processing and retention periods in its HR data record. These records will be kept up to date so that they reflect current processing activities.

Data Protection Officer

The Company’s Data Protection Officer is Ian Cox.  He can be contacted at ian.cox@adventureout.co.uk or on 03451 131313.

Appendix –  DATA PROTECTION & RETENTION STATEMENTS

Each of the parties acknowledge that for the purposes of the General Data Protection Regulation (GDPR), the ADVENTURE OUT LTD is the data controller and  WOOCOMMERCE, SQUARE and MAILCHIMP [‘PROCESSORS’] are the data processor (only where the Data Controller and Data Processor have meanings as defined by the GDPR Legislation).

Each of the parties will comply with all national and applicable requirements of their relevant Data Protection Legislation including the General Data Protection Regulation (GDPR) in the EU as appropriate.

ADVENTURE OUT LTD warrants and ensures it has all necessary and appropriate consents in place to enable the lawful transfer of the Personal Data to PROCESSORS for the duration and purposes of this Agreement. All Customers are asked to give their explicit consent for data to be collected. In addition, ADVENTURE OUT LTD collects staff data to meet contractual obligations entered into by the data subject; and to comply with ADVENTURE OUT LTD legal obligations;

PROCESSORS will process Personal Data in order to deliver the SERVICE unless they are prohibited to by the laws of the EU or a member of the European Union as applicable.

PROCESSORS have in place appropriate technical and organisational measures to protect against unauthorised processing of Personal Data.

PROCESSORS will ensure that all personnel who have access to Personal Data will keep the Personal Data confidential; and not transfer any Personal Data outside of the EEA unless the prior consent of ADVENTURE OUT LTD has been obtained.

Neither ADVENTURE OUT LTD or PROCESSORS sell, exchange, or share the data we hold with any organisation unless prior consent has been obtained or we are required by law to do so.

Personal Information will be retained for the period necessary to fulfil the purposes outlined in our Data Protection Policy unless a longer retention period is required or permitted by law.