TERMS & CONDITIONS

1.1. These terms and conditions (“Terms”) are made between IEX Recreational Playground LLC, “IEX” or “we/us” the owner and operator of www.xstrike.com (“Website”) and You (also referred to as “the User or Users” in these Terms).

1.2. Please read these Terms carefully, as they impact your legal rights.

1.3. Your agreement to comply with, and be bound by, these Terms is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms, you must stop using the Website immediately.

1.4. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

1.5. If You are under 18 years of age, your use of the Website and your agreement to be bound by these Terms is deemed to have been duly authorised by your legal guardian and You confirm that You have sought and obtained all consents which You are or may be required to obtain for the purposes of using this Website and the Services (as defined below).

1.6. You must be in good standing to use this Website and not be an individual that has been previously barred from using the Website or the Services (as defined below) by any applicable law.

3.1. All content (“Content”) included on the Website, unless uploaded by Users, is the property of IEX, its affiliates or other relevant third parties. In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

3.2. You must not reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Immersive.

4.1. You may not use the Website for any of the following purposes:

4.1.1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website; or

4.1.2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; or

4.1.3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

6.1. Any online facilities, tools, services or information that IEX makes available through the Website (“Services”) is provided “as is” and on an “as available” basis.

6.2. To the maximum extent permitted by law, IEX provides no warranties (express or otherwise) that the Services will:

6.2.1. Be free of defects and/or fault;

6.2.2. Meet your requirements;

6.2.3. Be uninterrupted, timely, secure or error-free;

6.2.4. Meet your expectations; or

6.2.5. Be corrected if the Services contain any errors.

6.3. IEX is under no obligation to update information on the Website.

6.4. Whilst IEX uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

6.5. IEX accepts no liability for any disruption or non-availability of the Website. IEX reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

8.1. Once you have purchased a ticket which entitles you to join in the activities at Immersive’s premises you are deemed to have understood and accepted these Website Terms as well as the Privacy Policy and the Immersive Waiver and Consent (the “IEX Rules”). If you purchase a ticket on behalf of somebody else, then you are considered to be that person’s legal guardian or parent and that person will be bound by the Immersive Rules.

8.2. You agree to comply with the following terms and conditions:

8.2.1. Subject to the provisions herein contained, you release, discharge and forever hold harmless IEX, its employees, agents, directors and representatives from all liability, obligation and responsibility of any nature whatsoever for death or for any losses, damages or injuries of any nature whatsoever relating to, touching upon or arising directly or indirectly from your engagement in the recreational activity and from your participation in any related or incidental activities thereto. This release shall be regarded by IEX as a complete restriction in relation to any action, suit, claim or demand of any nature whatsoever that you may bring against Immersive or which may be brought against Immersive on your behalf. This release shall extend and shall apply to all conduct of any nature whatsoever of Immersive including, without limitation, the circumstances where the facilities pursuant to which the recreational activity takes place were not fit for purpose or because of negligence, breach of contract, statute or statutory duty by IEX;

8.2.2. To the extent permitted by law, IEX will not be liable for indirect or consequential loss or damage of any kind, loss of revenue, loss of profits, failure to realize expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any law otherwise arising out of or in any way connected to these Terms, and the IEX Rules;

8.2.3. You affirm that you understand the scope, nature and extent of the risks involved in the recreational activity covered by these Terms and the IEX Rules and that you are not pregnant or under the influence of any drugs, alcohol, illegal substances or anything else which may impair your ability to safely engage in the recreational activity;

8.2.4. You acknowledge and are aware that the physical exertion required to engage in the recreational activity and/or to participate in the activity can activate or aggravate a pre-existing physical condition;

8.2.5. You voluntarily, freely and expressly choose to incur all risks associated with engaging in the recreational activity and understand that those risks may include personal injury, property damage, and/or death to you or others;

8.2.6. You agree to pay the cost of, and you authorize IEX to take, all steps it considers reasonably necessary to protect your welfare and the welfare of those in your custody or control in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation;

8.2.7. Individuals younger than 18 years of age, must be supervised by a responsible adult. Where you are responsible for such individuals you agree to be bound by these Terms, as well as the IEX Rules, on their behalf and you will directly supervise them at all times;

8.2.8. You must comply with all of the Terms, the IEX Rules and the directions that are given by the employees of IEX at IEX’s premises. IEX may, in its absolute discretion, suspend or cancel your participation in any recreational activity for non-compliance with this clause, or for reckless or careless conduct;

8.2.9. You acknowledge and agree that upon entering the IEX premises you or those User/s for whom you are responsible may be photographed and/or videoed for promotional purposes;

8.2.10. All tickets that you purchase to enter the IEX premises may not, without our prior written consent, be resold or offered for resale at a premium or used for advertising, promotion or other commercial purposes either by you as the original purchaser or any subsequent bearer;

8.2.11. You agree not to use the Website for the purposes of uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or invasive of another’s privacy.

8.2.12. You acknowledge and agree that upon purchase of a 6 or 12 month membership at Xstrike UAE, no refunds will be allowed.

10.1. Nothing in these Terms will:

10.1.1. limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; or

10.1.2. limit or exclude our or your liability for fraud or fraudulent misrepresentation; or

10.1.3. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

10.2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

10.3. To the maximum extent permitted by law, Immersive accepts no liability for any of the following:

10.3.1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; or

10.3.2. loss or corruption of any data, database or software; or

10.3.3. any special, indirect or consequential loss or damage.

11.1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

11.2. These Terms may be varied by us from time to time. Such revised Terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

11.3. These Terms together with the Privacy Policy and Risk Warning, Waiver and Consent contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms.

11.4. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

11.5. These Terms will be governed by and interpreted according to laws in force in the Emirate of Dubai. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of Dubai Courts.

12.1. Refunds are available only if a cancellation is made 7 days in advance.

12.2. The session can be rescheduled if requested 24 hours in advance.

12.3. Players must arrive at least 15 minutes prior to their first game time. Late arrivals may miss their game, in which case no refund will be given.

12.4. Once the total number corporate booking participants is confirmed, changes can be made up to 24h in advance. If on the day of the event the number of participants is less than the confirmed booking, the corporate booking will be charged the full amount, as per the initial confirmation.

You can contact Immersive via email at [email protected]