TERMS AND CONDITIONS FOR OUR ONLINE TEAM ACTIVITIES
These terms and conditions (hereinafter called the “Agreement”) apply to purchased and / or unpaid sessions of all Global Team Building activities, including Frontier, MiniScavenge, MiniTreasure, Space Rescue, VirtuWall and any other activities that may become available from time to time. To make it easier to read, whether your are using one or more of the activities covered and one or more team sessions, this Agreement will refer to your purchase and use of the activity or activities as the “Session”.
Please read these terms and conditions carefully. By purchasing and/or holding the Session, you are agreeing to abide by all of these terms and conditions and to gain the agreement of any and all participants in the Session to all of these terms and conditions.
In this Agreement the following terms shall have the following meanings
– “Agreement” as defined in the Introduction above.
– “Session” as defined in the Introduction above.
– “Applicable Owner” means the owner of the software, copyright, patents and other intellectual property rights of the component parts comprising the Software.
– “Author” means Resource Wizard Limited of the United Kingdom.
– “Seller” means Sandstone Limited of the United Kingdom.
– “Software” means the underlying software made available to you via a web browser and the Internet for each Session. It combines some open source software used under the GPL licence with copyrighted software developed and owned by the Author and marketed exclusively by the Seller.
– “Unpaid Session” means a Session that is provided free of charge at the Seller’s discretion for the purposes of evaluation or for any other reason. With the exception of payment, all other conditions stipulated within this Agreement apply fully to Unpaid Sessions. Unless specifically agreed by the Seller in writing, an Unpaid Session may not be used for commercial gain of any kind.
The Section Headings are for clarity and do not alter the terms of the agreement in any way.
A fundamental part of the Session is the underlying software made available to you via a web browser and the Internet. It combines some open source software used under the GPL licence with copyrighted software developed and owned by the Author and marketed exclusively by the Seller.
GRANT OF LICENCE
Subject to payment in advance (unless granted an Unpaid Session), the Seller permits you to use the Software for your Session. You do not acquire ownership of the Software but acquire the non-exclusive right to use the Software during the Session. Copying the Software for local use does not constitute such use. The Software is not to be copied or attempted to be copied in any manner. Every time you use the Software for a Session you must pay for such use either in advance or according to the terms of any credit agreement that may be offered by the Seller, unless your have been granted an Unpaid Session. Sessions can be purchased either individually or in any volume through this website or from the Seller directly.
Your right to use the Software or hold the Session will automatically cease without cancellation if you violate the conditions of this Agreement.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software), and any copies of the Software are owned by the Author unless otherwise stated. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.
You are not entitled to reverse engineer, decompile, disassemble, modify or duplicate the Software wholly or in part, or use with any hardware or Software other than expressly set out in this Agreement. You may not rent or lease the Software and the data contained therein may not be sold or otherwise provided to any third party save to the extent that it is used within a Session for customers of the licence owner. This Agreement may not be transferred to a third party. You are further not entitled to run the Software at any time without a valid and paid for Session (unless granted an Unpaid Session) irrespective of any Software protection built into the Software to prevent such misuse malfunctioning.
RIGHT OF MODIFICATION
The Seller reserves the right to modify or enhance the Software if this becomes necessary for reasons of availability, serviceability, performance or due to legislation or governmental regulations.
HEALTH AND SAFETY
Depending on the activity chosen, the Session may involve one or more of the participants undertaking one or more elements of physical activity. You will ensure that all participants that engage in such an element are physically able to take part in it, suffer no disabilities or conditions that may impair, restrict or endanger their involvement or that of other participants. If you have any doubts or concerns regarding any participant’s ability to engage in such an element, please raise the issue with the Seller in writing at the time of booking. Other elements may involve the use of everyday sharp objects, such as scissors, or other objects with the potential to cause harm, such as staplers or glue. Again, it is your responsibility to ensure that all participants are aware of the dangers of using such items and that they use them sensibly, paying particular attention to any safety notices that are provided by the Seller or during the Session.
You agree to ensure that any and all participants within the Session will act with due care and diligence as stated in this Agreement, and that you will hold the Author and the Seller harmless of the actions of any such third party. If you become aware that the Session is held in such a way that violates the conditions of this Agreement, you agree to take every action necessary to stop its improper use, and will notify the Seller in writing of its improper use.
Neither the Author nor the Seller warrant that the Session will be accurate or meet your specific requirements, or that the Session will be defect or error free. Neither the Author nor the Seller will be liable for any damages whatsoever arising from the Session. You expressly acknowledge that the Session is at your own risk. The Author and the Seller make no claims, either expressed or implied, as to the fitness of the Session for any particular purpose. Any statements made concerning the utility of the Session are not to be construed as expressed or implied warranties. The warranty period is 30 days from the date that the Session is held and it is incumbent upon you to inform the Seller of any problems encountered during the Session. Where such problems are reasonably within the control of the Seller, you may be offered a full or partial refund or a replacement Session, at the discretion of the seller. This warranty is void if failure of the Session has resulted from accident, abuse or misapplication. The Session is dependent upon a reliable Internet connection that allows HTTP and/or HTTPS access to the server and any interruption in that connection is not a reason for a claim against the Seller unless the connection problem can be shown to be the fault of the Seller’s server infrastructure. Any further damage claims are explicitly excluded.
To the maximum extent permitted by law, in no event shall the Author or Seller be liable for any damages whatsoever (including without limitation direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if the Author or the Seller has been advised of the possibility of such damages. In any event the Seller and / or Author’s entire liability under any provision of this Agreement shall be limited to the price paid by you for the Session.
Neither the Seller nor Author shall be liable to you for any loss or damage which may be suffered by you as a direct or indirect result of the use of the Session due to any cause beyond its reasonable control whatsoever, including (without limitation) any act of God, inclement weather, war, military operations, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, failure or shortage of power supplies, fire, explosion, refusal of any licence or permit or any order, act or omission of Government, highways authorities, public telecommunication operators or other competent authority.
Should any clause of this Agreement be or become invalid, this does not affect the validity of the remaining clauses. In such a case, the invalid clause will be superseded by another clause which is closest to the intended purpose of the invalid clause.
This agreement shall be governed by and construed and interpreted in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.
All rights reserved. No part of the Session may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means without the prior written permission of the Seller. All characters and organizations in Session are fictitious and any resemblance to real persons, living or dead, or real organizations, is purely coincidental.
CHANGES TO THESE TERMS AND CONDITIONS
Although most changes are likely to be minor, we may change these Terms and Conditions from time to time, and in our sole discretion. We encourage visitors to frequently check this page for any changes to the Terms and Conditions. Your continued use of this site and the Software after any change in this Terms and Conditions will constitute your acceptance of such change.