1. DEFINITIONS
The following expressions shall have the following meanings:
1.1. “Activity” means BaseStack Esports gaming activities including, but not limited to pay-to-play online gaming, private party online gaming, Esports gaming tournaments, Esports Publisher activity and events, and “Activities” will be interpreted accordingly.
1.2. “Agreement” means the contract between BaseStack and the customer for the provision of the Services incorporating these booking terms and conditions, the Waiver, BaseStack privacy policy;
1.3. “BaseStack” means [Base Stack SPV Z.O.O.] (Registered Company Number PL 5213889106) whose registered address is [PLAC IRENEUSZA GUGULSKIEGO 1, 02-661 WARSZAWA, POLAND].
1.4. “BaseStack Location” shall mean the facility provided by BaseStack where the Services are undertaken;
1.5. “BaseStack Staff” shall mean employee(s) or representative(s) of BaseStack who oversees the Activities at the BaseStack Location;
1.6. “Book” means the making of a reservation in person or via the BaseStack online booking system to utilise the Services and participate in Activities at a BaseStack Location in accordance with these Booking Terms and Conditions. “Booking” and “Booked” are to be interpreted accordingly.
1.7. “Booking confirmation” means written communication from BaseStack confirming the scheduled date and time of the Activities booked by the Customer;
1.8. “Booking Terms and Conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions agreed in writing by BaseStack;
1.9. “Customer” means any person, company or organisation who purchases Services from BaseStack for themselves and/or other Participants to undertake Activities at the BaseStack Location;
1.10. “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property right recognised in any part of the world whether or not presently existing or applied for;
1.11. “Participant” means any person entering the BaseStack Location to undertake Activities;
1.12. “Services” means the provision of gaming rigs and other gaming equipment and other facilities for the Customer to undertake the Activities;
1.13. “Waiver” means the Risk Acknowledgement and Liability Waiver form to be completed by the Customer and any Participant prior to undertaking Activities.
2. GENERAL
2.1. This Agreement incorporating these Booking Terms and Conditions and the Waiver shall apply to any Booking of any BaseStack Services and Activity.
2.2. The Customer acknowledges that these Booking Terms and Conditions contain important information regarding participation in any Activity by the Customer and/or any Participant within their party and shall ensure that all members of their party are aware of and agree to be bound by this Agreement.
2.3. BaseStack reserves the right to refuse access or eject any Customer or Participant from any BaseStack Location who: fail to abide by these Terms and Conditions or the Waiver; use explicit language; improperly use items and components of the Services in any BaseStack Location; are aggressive or abusive or represent a danger in any way to other BaseStack Customers and/or Participants or BaseStack staff.
2.4. No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by BaseStack.
2.5. BaseStack reserves the right to make changes to the Services and/or any Activities that may be available for any reason.
2.6. BaseStack gives no guarantee that the BaseStack online booking system will be available at all times.
2.7. The BaseStack booking system is provided for domestic and private use only. Customers agree not to use the booking system for any commercial or business purposes, and BaseStack has no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
2.8. BaseStack has no liability for any loss or damage caused by virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the BaseStack booking system, or BaseStack.gg website.
2.9. BaseStack assumes no responsibility for the content of websites advertised on or linked to from the BaseStack.gg website. Such links should not be interpreted as endorsement by us of those linked websites. BaseStack will not be liable for any loss or damage that may arise from use of them.
2.10. All Customers and Participants 12 years and below must be signed in, accompanied and supervised at all times by a participating person aged 18 or older.
2.11. Any Customer or Participant using the BaseStack Services who is under eighteen (18) years of age must have a Waiver completed by a parent or guardian responsible for their care. Should the parent or guardian completing the Waiver not be the direct parent or guardian of the Participant, the person completing & signing the Waiver declares they have the authority from the Participant’s direct parent or guardian to sign the acknowledgement of risk Waiver and BaseStack shall rely on such written declaration as if this had been made by the direct parent or guardian of the Participant.
2.12. Damage must not be caused to the BaseStack facilities, Services, fixtures or fittings by any Participant. If damage is caused by the Customer or any Participant attending under their Booking confirmation, the Customer hereby accepts they are liable to pay for such damage (including accidental) caused by such Participant.
2.13. BaseStack does not accept any responsibility for the loss, theft or damage to property or belongings of the Customer or any Participant whilst attending the BaseStack Location. Money or valuables should not therefore be left unattended.
3. BOOKINGS
3.1. Making a Booking
3.1.1. By making a Booking, The Customer agrees that any use of the online booking system, the Booking made and use of the Service at a BaseStack Location is governed by these terms and conditions.
3.1.2. To make a Booking, the Customer must be a BaseStack member and have a BaseStack Account in order to complete the Booking. If under 18 , The Customer must confirm that they have their parent or guardian’s consent to make a Booking.
3.1.3. Before making a Booking, the Customer must specify:
3.1.3.1. which BaseStack Location be visited to;
3.1.3.2. the date on which the Customer wishes to make a Booking;
3.1.3.3. How many players are in the Customer’s party. A maximum of 6 Participants can be included in a single Booking; and
3.1.3.4. How long the Booking is for (between 1 and 8 hours, in 1 hour increments).
3.1.4. Once this information is provided, time slots available to be booked will be shown, based on the information provided, along with the price chargeable for each of the slots. The price for time slots may vary.
3.1.5. After selecting the time slot for the Booking, the Customer will have ten minutes to complete the Booking, including making payment, or the reserved time slots selected will be made available for another Customer to book.
3.1.6. The Customer will then be asked to confirm the contact details of the person making the Booking and the names and ages of the Participants who will be using the Services that are being booked (which need not be the same as the person making the Booking).
3.1.7. Age details are required to be provided as BaseStack may restrict access to certain games based on the players’ ages, and/or may require parent/guardian consent for the Particpants to be allowed to play certain age-restricted games. Participants under the age of 12 must not be left in BaseStack without the supervision of a parent or guardian.
3.2. Price and Payment
3.2.1. All Bookings must be paid for at the time of Booking at the rates and prices advertised by BaseStack. Prices are on a per person basis unless part of a Party Booking and are not dependant on age.
3.2.2. We will take payment for your Booking in the following order:
3.2.2.1. from any funds stored on BaseStack Wallet associated with your BaseStack Account; and
3.2.2.2. if the Customer does not have any funds in your BaseStack Wallet, or a balance remains payable once funds have been taken from their BaseStack Wallet, the Customer will be asked to pay the outstanding balance of the Booking fee using a credit or debit card at the time of making the Booking.
3.2.3. BaseStack shall send a Booking confirmation detailing all Activities booked by the Customer and the date and time reserved for such Activities. All Booking requests shall only be deemed accepted by BaseStack upon issue of such Booking confirmation.
3.2.4. Should any error or omission be included within the Booking confirmation; the Customer shall notify BaseStack upon receipt.
3.2.5. BaseStack reserves the right to amend any advertised price or offer at any time. As much notice as possible will be given by BaseStack should any fluctuation in price occur.
3.3. Party Bookings
3.3.1. The value of the Party Booking must be paid for in full at the time of Booking.
3.3.2. The Customer‘s party is required to arrive at the BaseStack Location fifteen (15) minutes before the scheduled start time of the party. Upon arrival the Customer must check in with a party host who will then explain the process of the Booking. Right of admission can be refused at any time if the BaseStack Staff sees fit.
3.3.3. Should the Customer arrive late, they shall not automatically be granted the full time Booked on the gaming rigs or Activity and shall be subject to availability and at the BaseStack Staff’s discretion.
3.4. Cancellation
3.4.1. The Customer shall be entitled to cancel a Booking subject to BaseStack receiving such request for cancellation at least Twenty Eight Days prior to the date and time stated within the Booking confirmation. BaseStack will allow the Customer to re-schedule a cancelled Booking, provided the notice period within this clause has been given, however should a Booking be cancelled within 28 days of a confirmed Booking then no refund or alternate Booking date shall be given. For the avoidance of doubt, should BaseStack at its discretion and in exceptional circumstances choose to allow a Customer to re-schedule without charge despite the required notice of this clause having not been provided by the Customer, then any subsequent cancellation by the Customer in respect of the new Booking date shall result in no refund or alternate Booking date being provided, regardless of the amount of notice provided for such subsequent cancellation.
3.4.2. BaseStack shall be entitled to cancel a Booking at any time and for any reason. In the event BaseStack decides to cancel the Customer‘s Booking, it shall use its reasonable endeavours to notify the Customer as soon as possible and the Customer shall be entitled to a full refund limited to the sums paid in relation to the Booking being cancelled, and no other compensation shall be payable.
4. OBLIGATIONS OF THE PARTIES
4.1. The Customer and all Participants must be a BaseStack member to make Bookings and to sign in to use BaseStack Services.
4.2. The Customer and all Participants (or their parent/guardian if under 16 must review and accept these Terms and Conditions as well as the BaseStack Risk Acknowledgement and Waiver form terms (the “Waiver”) to be permitted access to a BaseStack Location and Services. A record of acceptance of the Waiver will be maintained on the Participant’s BaseStack Account and will remain valid for a period of 12 months from the date of acceptance by them or their parent/guardian.
4.3. The Customer and/or all Participants must be signed into BaseStack by a member of BaseStack staff at the time of the visit. The following details must be given and recorded: full name, Age, BaseStack membership number, Signature, Type of usage, Time and date of entry. BaseStack reserves the right to refuse entry or eject the Customer and any Participant from a BaseStack Location if fraudulent or inaccurate information is provided.
4.4. The Customer and Participants are allowed to leave a BaseStack Location and return but must follow the sign out and sign in process applicable at the Location and are required to keep the BaseStack issued wristband or stamp to re-enter.
4.5. It is the responsibility of the Customer and all Participants to ensure they arrive at the BaseStack Location in sufficient time to sign-in and commence any Activity at the date and time stated on the Booking confirmation. BaseStack reserves the right to refuse admission in the event of a late arrival more than 15 minutes after a Booking commenced and to cancel the Booking and make the rigs available to other Customers. BaseStack shall not be obliged to offer any refund, rebooking or compensation in such circumstances.
4.6. If the Customer arrives late and, still wishes to use the booked rigs and the rigs are still available, the Customer will have to make another Booking and pay the relevant fees for Booking the rigs.
4.7. If the Customer advises they wish to stop using the Service before the Booked time is over, or if we have reasonable cause to believe that the Customer or Participants have stopped using the rigs and do not intend to return, BaseStack reserves the right to cancel any remaining Booking time and to make the rigs available for other Customers to Book. Should this occur the Customer will not be able to return to use the rigs without paying an additional Booking fee. BaseStack shall not be obliged to offer any refund, rebooking or compensation in such circumstances for any outstanding time left in the Booking.
4.8. The Customer will only access age appropriate content via the Services. BaseStack reserves the right to request proof of age which can only be one of the following: Driving Licence, passport or local authority proof of age card. BaseStack may restrict the availability of certain age-related content where it is not practical to avoid exposure to other users or retail customers and reserves the right to require Customers and/or Participants to stop playing any content accessed from their Steam, Xbox Live, PSN or other gaming account via the BaseStack Services if it is believed to be age inappropriate but accepts no responsibility for the availability of such content.
4.9. To be permitted entry to a BaseStack Location, the Customer and any Participants agree:
4.9.1. To wear the BaseStack issued entry wristband/stamp at all times.
4.9.2. Not to play age restricted content that is inappropriate to their age.
4.9.3. Not to show age restricted content to other Customers or Participants which is inappropriate to their age.
4.9.4. Not to access any control settings on the gaming equipment without the express consent of BaseStack management, including but not limited to technical settings, internet access and any upload/download of data and files.
4.9.5. To report any improper use or damage to BaseStack property, whether deliberate or accidental, immediately to a BaseStack staff member.
4.9.6. To inform BaseStack of any medical conditions or allergies including light sensitive epilepsy prior to entry.
4.10. Participation in an Activity is not without risk and serious misuse could be fatal. All Participants shall pay strict attention to any safety briefing given by BaseStack staff prior to undertaking their Activity. After being permitted entry Participants will not be directly or continuously supervised by a BaseStack staff member.
4.11. BaseStack does not provide or accept responsibility for the supervision of under 18’s on the any BaseStack Location.
4.12. The Customer and all Participants acknowledge that they should not undertake the Activity if they are not physically or mentally able to do so. The Customer and all Participants are subject to any age and health restrictions that may be advised for each Activity as stated at the time of Booking. Participants will be required to certify that they do not suffer from any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. Any concerns, should be raised to a member of the BaseStack Location staff prior to your visit. Anyone who does not meet these requirements will not be allowed to undertake the Activities. It is Customer’s responsibility to ensure that all members of your party meet these requirements.
4.13. Participants must be dressed appropriately and for health and safety reasons, BaseStack reserves the right to refuse entry or participation in any Activity of any Participant who is not appropriately dressed.
4.14. BaseStack shall use its reasonable endeavours to ensure that any Activity booked by the Customer commences at the time booked. Time for delivery shall not be of the essence of the Agreement and BaseStack shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
4.15. BaseStack shall be entitled to prevent any Participant from undertaking or completing an Activity whom, in their opinion, is acting in an unsafe or dangerous manner and/or could cause harm to themselves, others or equipment within the BaseStack Location. This includes a Participant who does not comply with the safety rules, the advice of the BaseStack Staff, any safety system in place or anyone who is deemed to be under the influence of alcohol or drugs.
4.16. BaseStack shall not be liable for any refund or compensation of any kind in the event that any Participant is not permitted to, or decides not to, undertake or complete an Activity.
5. FOOD AND DRINK
5.1. Food and drink are not permitted to be brought into a BaseStack Location unless agreed in advance with BaseStack staff.
5.2. Snacks purchased from BaseStack may be consumed in the designated areas.
5.3. Customers must ensure that any food debris or packaging is disposed of up as soon as possible and report any spillages immediately to a member of BaseStack staff.
6. REFUNDS AND AMENDMENTS
6.1. Any refund due in accordance with these Booking Terms and Conditions can only be made to the same debit or credit card used to make the Booking, if the card has subsequently expired, by bank transfer.
6.2. Amendments to Bookings will only be available as set out above.
7. OUR USE OF INFORMATION
7.1. The information given to us when make a Booking is used only for the purposes of making the Booking and making the Services at BaseStack available to the Customer and Participants.
7.2. We reserve the right to collect, store and use the information, in its original or any processed form for BaseStack purposes or for the purposes of any contract with third parties. BaseStack complies with the provisions of the GDPR and the local Data Protection laws at all times when handling customer data, and in accordance with our Privacy Policy.
8. PHOTOGRAPHY, RECORDING AND STREAMING
8.1. The Customer and Participants agree that where game live streaming services are made available and utilised, any content created and associated rights are owned by BaseStack and may be used onsite at the BaseStack Location, at other BaseStack Locations and may be retained for marketing purposes without obligation for payment.
8.2. The Customer and Participants agree that in using the BaseStack Services, they may be photographed their image may be captured and used for marketing purposes without obligation for payment.
8.3. BaseStack has procedures in place to ensure the safety and well-being of all its Customers whilst using the BaseStack Location. Although BaseStack gives permission for photographic and recording equipment such as cameras and mobile phones to be used at the BaseStack Location, if the user of said equipment is not participating in an Activity at the time, BaseStack requires that such use is restricted to photographs or recording of only the Customer or people in that Customer’s party.
8.4. Photographic and recording equipment such as cameras and mobile phones are forbidden to be used under any circumstances in the toilet areas or any other area that BaseStack may decide upon at their discretion.
8.5. BaseStack reserves the right to refuse permission or to withdraw permission of anyone using any photographic or recording equipment should BaseStack feel that the safety and well-being of its Customers has been or would be comprised.
8.6. Anyone found to be taking photographs or using recording equipment which is considered by BaseStack to be intrusive or inappropriate will be asked to leave the premises and may be reported to the Police. BaseStack shall not be obliged to offer any refund, rebooking or compensation in such circumstances for any time left in the Booking.
8.7. BaseStack requests that its Customers remain vigilant whilst using the BaseStack Location and report any suspicions they might have regarding the use of photographic equipment to a member of BaseStack’s staff.
9. LOST PROPERTY POLICY
9.1. All property coming into the possession of BaseStack will be dealt with responsibly with due respect for owners’ rights and title. Property classified as found will, where possible, be reunited with its owner. Where the owner cannot be traced, BaseStack will dispose of it in accordance with this these guidelines. BaseStack will not deprive others of their possessions, except in accordance with the law.
9.2. A Customer is expected to report any lost property be it valuable or otherwise to BaseStack within a reasonable period of time from the date the item/s were lost. BaseStack will then exhaust all reasonable avenues in an attempt to locate the item/s and will contact the Customer with its findings.
9.3. Found property at the BaseStack Location will be retained by BaseStack for the maximum duration of 30 days, except when the items found are or include: electrical items (eg mobile phones, cameras), jewellery, wallets, bank cards, confidential documents, keys or any forms of identification. Any items that fall under these categories will be retained from the date found at the BaseStack Location for a further 30 days after the standard 30 days. If any found property is not claimed by the owner within the allotted times as stated, and is not suitable for repatriation with the finder, it will be recycled or destroyed where appropriate.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Any Intellectual Property Rights created as a result of the Services shall belong to BaseStack unless provision has been made to the contrary in the Agreement
10.2. The Customer and BaseStack shall not infringe the intellectual property rights of any third party during the term of this Agreement.
11. LIMITATION OF LIABILITY
11.1. The Customer (or their parent/guardian if under 18) must review and accept the BaseStack Waiver Form terms to be permitted access to a BaseStack Location and Services. BaseStack shall not be responsible for the loss, or damage, of or to any property or to any person arising from the Booking of or participation in the Activities.
11.2. Where Parking facilities are available at a BaseStack Location any vehicles and their contents are left at the owners’ risk.
11.3. Nothing in these Booking Terms and Conditions shall exclude or limit the liability of BaseStack for death or personal injury, however BaseStack shall not be liable for any direct loss or damage suffered by the Customer or any Participant howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by BaseStack in the insurance year in which the claimant’s claim is first notified.
11.4. BaseStack shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the party howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
12. INDEMNITY
The Customer shall indemnify BaseStack against all claims, costs and expenses which BaseStack may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Booking Terms and Conditions.
13. TERMINATION
13.1. This Agreement shall continue until the Services have been provided as described in the Booking Confirmation or until terminated by either party in accordance with these Booking Terms and Conditions.
13.2. BaseStack may terminate the Agreement immediately if the Customer has failed to make any payment due, or if the Customer commits a material breach of these Booking Terms and Conditions.
13.3. Either party may terminate this Agreement during the period of this Agreement if the other party: (i) shall become insolvent within the meaning of the insolvency laws applicable to the relevant BaseStack Location, (ii) has appointed a receiver, (iii) has been subject to a winding up petition, (iv) enters into any arrangement or composition with its creditors, (v) passes a resolution to cease trading or actually ceases trading, or (vi) subject to being an unincorporated body, is dissolved or declared bankrupt, or any equivalent activities provided for under the local law applicable to the relevant BaseStack Location
14. FORCE MAJEURE
BaseStack shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pandemic, breakdown of plant or equipment or shortage or unavailability of raw materials from a natural source of supply, and BaseStack shall be entitled to a reasonable extension of its obligations.
15. THIRD PARTY RIGHTS
Nothing in these Booking Terms and Conditions intend to or confer any rights on a third party and any laws providing for third party rights are excluded as far as legally possible.
16. ASSIGNMENT
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of BaseStack.
17. SEVERANCE
If any term or provision of these Booking Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Booking Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18. GOVERNING LAW
These Booking Terms and Conditions shall be governed by and construed in accordance with the law oft he country in which you are using BaseStack Services or Activities and the parties hereby submit to the exclusive jurisdiction of the courts of the country in which you are using BaseStack Services or Activities.
19. COVID 19
WE OPERATE OUR BASESTACK LOCATIONS IN ACCORDANCE WITH OUR PUBLISHED COVID POLICY. WE ADVISE OUR CUSTOMERS AND VISITORS TO ADHERE TO THE STRICT GOVERNMENT GUIDELINES AND SELF ISOLATE IF YOU ARE DISPLAYING ANY COVID19 LIKE SYMPTOMS OR YOU FEEL YOU HAVE COME INTO CONTACT WITH ANYONE THAT HAS COVID19.