1. Acceptance of terms
Break and Escape (referred to here as “us”, “we”) provides its Service (as defined below) to You (as defined below) through its web site located at breakandescape.co.nz and any of the subdomains of breakandescape.co.nz (the “Site”), subject to this Terms of Service agreement.
By accepting these Terms of Service or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into this Terms of Service Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, You must not accept these Terms of Service and may not use the Service.
Break and Escape reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to You. Please check these Terms of Service, available on the Break and Escape website, periodically for changes. Your continued use of the Service after the posting of any changes to the Terms of Service will signify Your acceptance of those changes.
2. Description of Service
The “Service” includes (a) the Site, (b) the system, tools and services provided by Break and Escape through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or Service (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to these Terms of Service.
3. Scope of Agreement
These Terms of Service cover Your use of the Service, including, but not limited to, the process by which consumers reserve seats with You, schedule appointments with You, enroll or subscribe to services provided by You, purchase goods or services provided by You, as well as Your management of such schedules, seats, appointments, enrollments, subscriptions or purchases through the Service, your promotion of the service through referrals, and You agree that these Terms of Service apply to Your use of the Service.
4. Changes to the service
Break and Escape has the right to change or modify, upgrade, add to, or discontinue the Service or any portion or feature thereof at any time without notice. Break and Escape also reserves the right to assign or transfer this Terms of Service Agreement, in whole or in part, without restriction.
5. Fees; payment terms
You agree to pay all charges as set forth on the Site and / or on pages accessed through the “account” section of Your Break and Escape account, and / or in these Terms of Service. You agree that the address and email address You provide in Your account settings are valid business addresses and that Break and Escape may invoice You at such addresses or through other electronic or facsimile communications.
Any fee invoiced to You by Break and Escape is exclusive of all taxes, levies, or duties imposed by taxing authorities, with the sole exception of New Zealand GST if You are located in New Zealand. You shall be responsible for payment of all such taxes, levies, or duties, excluding only New Zealand taxes based solely on Break and Escape’s income.
All fees paid to Break and Escape by You pursuant to these Terms of Service are nonrefundable.
Break and Escape reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Break and Escape website and will be effective immediately.
6. Electronic communications
Break and Escape reserves the right to contact You from time to time for feedback about the Service and for service and support related issues. We reserve the right to contact You through e-mail, facsimiles, text or voice messages, or notices posted on the Break and Escape websites. Notices will be deemed effective at the time they are sent by Break and Escape or as of date they are posted, regardless of whether You actually read any such notices.
7. Intellectual property
We grant You a license to use the Service in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties. We reserve all rights not expressly granted in these Terms of Service.
We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks , registered trademarks or service marks contained in or relating to the Service (collectively the “Break and Escape Intellectual Property”) that are the exclusive property of Break and Escape and/or its licensors. We do not transfer any rights in or to the Break and Escape Intellectual Property to You.
Content of the Service that incorporates or includes any of the Break and Escape Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Break and Escape or the rightful owner, as applicable.
The name Break and Escape and the various logos used or displayed on the Service are trademarks of Break and Escape and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Break and Escape products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
8. Use of the Service
You may not use the Service in any manner that is illegal or harmful to the Service. Among other restrictions, You agree that You shall not, nor shall You allow any third party to:
o Use the Service through unauthorized interfaces or protocols;
o Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
o Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Service or Service software (except as applicable law expressly permits);
o Remove, obscure or alter any notices or indications of rights in or to the Break and Escape Intellectual Property;
o Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Break and Escape servers;
o Take any action that imposes an unreasonable or large load on our infrastructure;
o Upload invalid data, viruses, worms, or other harmful software to the Service;
o Use automated means, including spiders, robots, crawlers, data mining tools, scripts applications or the like to download or upload data from or to the Service, or to access the Service in any form, unless expressly permitted by Break and Escape;
o Use the Service in a way that disables the Service or prevents or inhibits anyone from using the Service, or degrades the performance of the Service; or
o Impersonate any person or entity in order to use, or through use of, the Service.
9. Copyright infringement
If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Service, please notify us immediately. You must provide the following information in writing:
o An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
o Identification of the copyrighted work that You claim has been infringed;
o Identification of the material that is claimed to be infringing and where it is located on the Break and Escape website;
o Information reasonably sufficient to permit Break and Escape to contact You, such as Your address, telephone number, and e-mail address;
o A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
o A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to our legal address
10. User submissions
Materials, including but not limited to text, software, data, images, graphics, photos of Service, audio, audiovisual, videos, and content of any nature provided by Break and Escape (“Content”) or by other users of the Service (“User Submissions”) to the Service website is owned by the party contributing such content.
As a user of the Service, You are solely responsible for Your own User Submissions. By transmitting Your User Submissions, You represent that You have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with Your User Submissions, You agree that You will not submit material that is or contains the intellectual property of a third party that You do not have permission to use.
You shall retain all of Your ownership rights in Your User Submissions; however, by submitting material to Break and Escape, You grant Break and Escape the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material as is required in order to provide the Service, and to grant these rights to others. To the extent You do not have ownership rights to any of Your User Submissions, You shall indemnify Break and Escape for any claim regarding Break and Escape’s use of Your User Submissions.
Break and Escape does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Service, You may be exposed to User Submissions from a variety of sources, and Break and Escape is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
11. Data retention
Break and Escape shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User submission.
In the event this Agreement is terminated (other than by reason of Your breach), Break and Escape will make available to You a file of Your User submissions within 30 days of termination if You so request at the time of termination, before deleting Your account.
Break and Escape reserves the right to withhold, remove and/or discard User submission without notice for any breach, including, without limitation, non-payment. Upon termination for cause, Your right to access or use Your User submission immediately ceases.
12. Links to third party sites
The Site may contain links to other websites (“Linked Third Party Sites”). Break and Escape does not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites. (“Linked Third Party Material”).
Break and Escape is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.
Subject to any applicable law, which cannot be excluded, Break and Escape makes no warranties or representations:
o regarding the quality, accuracy, merchantability or fitness for purpose of the Linked Third Party Material or products or services available through the Linked Third Party Sites; or
o that the Linked Third Party Material does not infringe the intellectual property rights of any person; or
o that it is authorising the reproduction of Linked Third Party Material by linking Material on this Website to Linked Third Party Material.
13. Disclaimer of warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND Break and Escape EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Break and Escape DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM Break and Escape OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
14. Limitation of liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Break and Escape BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, Break and Escape SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LOWEST. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE Terms of Service BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
15. Sole remedy
Your only remedy for any dispute with Break and Escape is to stop using the Service.
This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under this Terms of Service Agreement and Your use of the Service resides in the courts of the State of New South Wales and You agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
17. No waiver
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default
1. Acceptance of terms