TERMS AND CONDITIONS POLICY

 

Revised: 12/02/2021

 

Customer Conduct

Customers, participants and visitors must adhere to the following:

• Act with courtesy at all times.

• Comply with any requests or directions from ESports Gaming Whangarei staff, officials, administrators, and facilitators who are acting within their professional duties.

• Comply with all rules and guidance set forth by ESports Gaming Whangarei staff for the particular program, event or tournament the customer is participating in.

• Do not run within the premise at any time, for any reason.

• Use the equipment in a safe and professional manner at all times.

• Report any suspicious or potentially dangerous behaviour immediately to ESports Gaming Whangarei staff.

 

Customers, participants and visitors must refrain from:

• Aggressive behaviour in any form, including physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or conduct which threatens or endangers the health or safety of any person.

• Rude or argumentative behaviour with staff, officials, and admin or other participants or visitors.

• Disrupting or obstructing any event, activity, competition and/or customer or visitor participating in game play.

• Lewd, obscene or indecent conduct or expression, including profanity, or offensive remarks.

• Any action which constitutes an attempt to inflict, or the actual infliction of, or injury to other customers and/or staff.

• Wilful damage or destruction to the facility or property.

• Forgery or sharing membership logins for access to the facility or access to programs, services or tournaments.

• Unauthorised entry to areas such as: staff offices or staff workspaces; maintenance, equipment or storage rooms or any other areas not for customer use.

• Unauthorised use of facility computers or unauthorised adjusting of audio visual equipment.

• Photography and/or video-taping of customers, participants or visitors without prior approval of participants being photographed or taped, and without prior approval from an authorised staff member.

• Unauthorized commercial activity – no person is allowed to post, advertise or solicit individuals in the facility for personal services or for personal businesses that are not directly affiliated and approved through ESports Gaming Whangarei.

 

All customers, participants and visitors are required to report any violation of this Code of Conduct to an ESports Gaming Whangarei staff member immediately. As needed, Police and Staff may be called at any time to help enforce this Code of Conduct.

 

Personal Property

Although ESports Gaming Whangarei allows customers to bring in their own personal accessory equipment to use for a more comfortable experience, we accept no responsibility for customer property. Do not leave any personal property unattended at any time, for any reason.

 

Going forward, until the end of this Terms and Conditions document, “you/your” refers to the customer, participant and/or visitor of ESports Gaming Whangarei.

 

Use of Service

Accessing, viewing, browsing, sharing or downloading any material of an illegal or offensive nature is not permitted. This includes, but is not limited to: copyrighted content, hacking/cracking material, online gambling, online betting, or adult content. There are no exceptions to this policy. 

You may only use the Service for legal purposes and are forbidden to:

• Access, download, copy, publish, distribute or disseminate any material which is defamatory, obscene, indecent, menacing or which may incite anxiety, racial prejudice or hatred.

• Comprising any material which infringes third party Intellectual Property Rights (including, but not limited to copyright in: literary works, directories, databases, music, trademarks, logos, etc) without the appropriate (implied or express) authorisation for use provided by such third party.

• Modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Ignite web site and Internet in relation to any aspect of the Service, including but not limited to any other web site.

• Distribute or disseminate a software virus or any other destructive or harmful software file or program.

• Participate in any and all online gambling or betting of any nature.

• Access, browse or display any offensive, vulgar, or pornographic materials.

• Send “spam” or other unsolicited bulk emails

• Hack into any part of the Service and/or third party web site service

 

For the avoidance of doubt, you, and not ESports Gaming Whangarei will be solely responsible for any civil and/or criminal liability arising from any breach of these Terms and Conditions by you and/or any illegal activity carried on by your use of these Services.

 

Acknowledgement of Risks, Injury and Obligations

You, the customer/participant/visitor ACKNOWLEDGE AND UNDERSTAND that whilst attending ESports Gaming Whangarei facilities and participating in various events and equipment use, the following :

• You may be physically injured (minor or severe), which may result in death.

• Your personal property may be lost or damaged or you may cause damage to others’ property, which you are responsible for the repair or replacement of.

• You may cause personal injury (minor or severe) to other persons and they to you.

You acknowledge and agree that;

• The conditions in which the activities are conducted may vary without warning.

• You agree to assume the risk and responsibility for any injury, death or property damage resulting from participation in the activity at ESports Gaming Whangarei facilities.

• You participate in the activity at your sole risk and responsibility.

• You release indemnify against all action within your power; and hold harmless; ESports Gaming Whangarei, it’s related companies, business, directors, management, staff, agents and contractors from any and all actions and/ or claims which could be made by you; or on your behalf; or by other related or non-related parties for in respect of or arising out of; any injury, loss, damage; event or death cause to you; or to your property, or to someone else or their property (where you are involved) whether by negligence, breach of contract, or in; or by; anyway whatsoever.

• You ALSO AGREE THAT in the event that you are injured or your property is damaged, you will bring no claim, legal or otherwise, against ESports Gaming Whangarei, it’s related companies, businesses and agencies; directors, management, staff, servant, agents and contractors, in respect of that injury or damage.

Furthermore you assume all risk, liability and legal obligation, solely upon yourself for any “guest(s)” that you allow entry to, whether or not they sustain loss, injury or death, either caused by you, or indirectly, either at the time of attendance or at a later time, as a result of their attendance at the ESports Gaming Whangarei facility.

Minors

Customers under the age of 12 require parent/guardian consent on sign up. By signing up you agree to all terms and conditions. By becoming a member(VIP or CASUAL) of ESports Gaming Whangarei, you represent that you (and any persons for whom you purchase time for) are of an age permitted to use the equipment supplied and view the software you personally supply. ESports Gaming Whangarei reserves the right to request proof of age identification at any time while on premise, and refuse entry to you if you are not legally entitled to use or view the product. You agree that ESports Gaming Whangarei is not liable for any instance an underage customer can view material classified M, MA15+, R18+ and accept the responsibility of enforcing ESports Gaming Whangarei’s terms and conditions.

 

Safety

For the safety and security of customers and staff, recorded video surveillance and silent alarms may be in use.

ESports Gaming Whangarei reserves the right to refuse customer entry to the premise at their discretion and request customers leave the premise and/or cancel membership without a refund, should they breach any of the terms and conditions.

 

Use of Virtual Reality

Please familiarise yourself with the Virtual Reality safety information before use.

 

Additionally ESports Gaming Whangarei’s use of service;

• Not to be used if sick, injured and/or fatigued.

• Not to be used if under the influence of drugs/alcohol

• Equipment may only be used if a customer has received demonstration from a qualified ESports Gaming Whangarei staff member or representative.

• Ensure the area around you is safe for use of the product.

• Parent/Guardian consent required for use by customers 12 and under. ESports Gaming Whangarei advises Virtual Reality should not be used by children under the age of 7.

• Obey all instructions by ESports Gaming Whangarei staff members and/or representatives.

• By using any equipment supplied by ESports Gaming Whangarei you agree to assume the risk and responsibility for any injury, death or property damage resulting from participation in the activity

 

Third Party Websites

We do not control the information supplied from any third party website and/or service and therefore are not responsible for their content. When you access third party websites, you do so at your own risk.

 

Noise Policy

We reserve the right to ask customers to refrain from action that is disturbing to other customers/participants/visitors or staff. ESports Gaming Whangarei is not liable for any hearing damage that may occur while using supplied equipment. It is the customers’ responsibility to adjust volume controls where applicable or advise staff of any discomfort.

 

Alcohol/Drugs – Zero Tolerance

Any patron who enters ESports Gaming Whangarei Gaming Lounge property who is deemed by ESports Gaming Whangarei staff to be under the influence of alcohol and/or drugs will be asked to leave immediately and police may be contacted. Alcohol and/or drugs cannot be brought into or consumed on ESports Gaming Whangarei premises, and any offenders will be asked to leave immediately.

 

Food/Drink

ESports Gaming Whangarei Gaming Lounge does not allow food and drinks to be brought into the premises unless previously arranged with ESports Gaming Whangarei Staff. There is a selection of snacks and beverages available for purchase at the front desk.

 

Seat Reservation

ESports Gaming Whangarei is a walk-in venue , seats are allocated on a first in first served basis. You may request seats to be booked in advance by contacting ESports Gaming Whangarei staff.

 

Refunds

All purchases are final, non-refundable and non-transferable. Time purchases are provided on an “equipment use only” basis and ESports Gaming Whangarei is not responsible for any external websites or services being unavailable.

 

Changes of Rates and Conditions

ESports Gaming Whangarei reserves the right to change any rates, equipment offered and/or terms and conditions at its discretion at any time without notice. The rates payable shall be those in force at the time of order or purchase.