Terms & Conditions
Interpretation
For the purposes of these Terms, “Escapist” includes its shareholders, officers, employees, agents, representatives, instructors, independent contractors, subcontractors, and all other persons in any way involved with their activities and their successors and assigns. References to “us”, “we” and/or “our” in these Terms shall mean “Escapist Entertainment Ltd.” trading as “Escapist” and “you” shall mean the Customer purchasing the Services from Escapist.
Health and Safety
Escapist has not and will not assume any obligation arising out of the provision of the Services which otherwise would or may be imposed upon you from time to time pursuant to the Health and Safety at Work Act 2015 or any substitute statute (including any regulations, orders, notices, approved codes of practice and safe work instruments made, issued or approved under the relevant statute). None of our escape room at Escapist is locked, you can at any time, get out of the room from where you came in. However, it means that you have forfeited the game. In the event of emergency the entrance door will be your exit door.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand and the New Zealand courts have exclusive jurisdiction in respect of them.
Bookings and Cancellations Policy
- All bookings require $35 deposit in advance.
- For corporate events or booking for more than 10 people, 50% deposit is required.
- All bookings are subject to availability.
- Payments can be made via Credit/Debit card, Eftpos or Cash.
- Please email us at hello@escapist.co.nz if you require an invoice for your booking.
- Full payment for all bookings must be made upon arrival.
- All details of your visit (final group numbers, arrival date/time, escape room activity etc.) must be finalised at least 48 hours prior to your appointment
- You may amend the details of your visit any time prior to the 24 hours deadline, however all changes are made subject to availability
- Cancellations must be made at least 24 hours prior to your appointment; if we do not receive this notice then we regret that we cannot issue any refunds.
- If one or more members of your group cancelled within 24 hours of your booking, you will still be required a full payment listed on your booking. You may add more people to your booking anytime, up to the maximum number of people on each room.
- Children under the age of 14 are not allowed to enter any of our escape rooms without accompanied by adult age 18 and above.
Refusal of Entry
Escapist has the right to refuse entry to any person or remove any person from the premise or suspend the provision of the Services at any time for any reason. No person under the influence of drugs and/or alcohol may be present on Escapist’ premises at any time. No refund will be given should Escapist determine in its sole discretion that you show signs of intoxication. Intoxicated people present a serious danger to themselves, our staff and other patrons. Health and safety of our staff and patrons are of upmost importance to us; therefore, intoxication will not be tolerated. Management reserves the right to refuse entry to any guests or change bookings when necessary.
Personal Items
All personal items/belongings shall be kept by you at your sole risk. In any event, Escapist, including the employees or agents shall not be held liable or responsible for any loss of your personal items/belongings, either within the Site or outside of Site. The risk of loss for your personal items and or belongings shall be borne by you upon entrance on the Site or engagement with Escapist.
Liability
Except where statute expressly requires otherwise, Escapist is not liable in any event for any loss of profits, loss of goodwill or business opportunities, loss of customers or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person arising directly or indirectly out of the provision of the Services. Insofar as Escapist may be liable notwithstanding this clause, to the extent permitted by law the total liability of Escapist, whether in contract, tort (including negligence) or otherwise for any loss, damage or injury arising directly or indirectly out of the provision of the Services or any other breach of Escapist’ obligations is limited to the lesser of the value of the fees for the Services complained of or the actual loss or damage suffered by you.
Indemnity
You fully indemnify Escapist against all claims, liabilities, costs, damages, fees and expenses (including reasonable legal costs) suffered or incurred at any time by Escapist arising as a direct or indirect result of any act, omission or default on your part or from any breach or alleged breach of these Terms by you or relating to an action or claim brought by a third party against Escapist which relates directly or indirectly to your use of the Services. The parties agree that this indemnity shall in no way apply to any liability to pay a fine or an infringement fee imposed under the Health and Safety at Work Act 2015.
Compensation for property damage
For the avoidance of doubt, in the event that Escapist suffers or incurs any damage to its property arising as a direct or indirect result of any act, or omission or default on your part, Escapist shall be entitled to invoice you for the estimated reasonable cost of repairing the damage caused by you and you shall pay the amount payable on the invoice within five (5) days of the invoice being issued.
Miscellaneous
Escapist shall not be liable for delay or failure to perform the Services if the cause of the delay or failure is beyond its control. Failure by Escapist to enforce any of the Terms shall not be deemed to be a waiver of any of the rights or obligations Escapist has under these Terms. If any provision of these Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining Terms shall not be affected, prejudiced or impaired. No other terms, conditions or deviations from these Terms shall be binding unless recorded in writing and agreed by the parties.
You undertake to complete the Escape Room Game in accordance with the instructions and rules specified by Escapist, employees or agents. Failing which, Escapist including the employees or agents shall have the right and power to decline or refuse your entry to the Site.
Dispute
You and Escapist shall resolve any dispute first by good faith discussions between you and Escapist management. If the dispute is not resolved within 10 working days of the commencement of discussions then the parties shall seek to settle the dispute by mediation.
Privacy Statement
Personal Information
When you make a booking on our website, as part of the buying and selling process, we collect the personal information you give us such as, but not limited to, your name, address and email address. When you browse our website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about Escapist, new rooms and other updates.
Consent
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If you change your mind after you opt-in, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at: hello@escapist.co.nz
Disclosure of Personal Information
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Payment Gateway
Your data is stored through Stripe data storage, databases and the general Stripe application. Stripe will hold and website the Cardholder Data in accordance with the requirements of the New Zealand Privacy Act 1993 (“Privacy Act”) and applicable industry standards, including but not limited to, the Payment Card Industry Data Security Standard (“PCI”) and Stripe’s data retention policy.
Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, Stripe will encrypt that information using secure socket layer technology (SSL).
Stripe follows generally accepted industry standards to protect the personal information submitted to them, both during transmission and once they receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Stripe strives to use commercially acceptable means to protect your personal information, they cannot guarantee its absolute security.
If you have any questions about security on our Website, you can email us at hello@escapist.co.nz
For more insight, you may also want to read Stripe’s Terms of Service or Privacy Statement Third Party Services.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our website’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google Analytics
Our website uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and websited with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Cookies
As we use Stripe as our Payment Gateway, please read their policy on Cookies here.
Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Changes to Privacy Policy
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our website is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to provide service to you.
Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at hello@escapist.co.nz or send a letter to Level 1, 36 Bryce Street, Hamilton, Waikato NZ 3204.
