Dated: 1st November, 2022
TERMS OF SERVICE
Welcome to Knights of Escapade!
These terms and conditions consist of:
(a) The general terms and conditions here and set out in Section A that apply to your access, browsing, use and participation in this Website (and by so doing you will be treated as having accepted these terms and conditions) as well as any other activity (including entering escapades and/or purchasing any merchandise) via the site (“General Terms”); and
(b) The terms and conditions set out in Section B that apply, in addition to the General Terms, if you would like to register for and participate in any escapades (“Escapade Terms”); and
(c) The terms and conditions set out in Section C that apply, in addition to the General Terms, to any Registration for Escapades and purchases of any merchandise via the Website (“Sales Terms”);
which are together referred to as the “Agreement”.
Please do not access or browse our website if you do not accept the terms of the Agreement. They apply in addition to our Privacy Policy and Cookie Policy.
Section A – General Terms
- Accessing our site
1.1 We do not charge for access to and use of our Website.
1.2 You may be required to register in order to access certain features on our Website. Please refer to the Escapade Terms and our Privacy and Cookie Policy for details how we use the information that you provide to us.
1.3 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
1.4 You are responsible for making all arrangements necessary for you to have access to our Website. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.
2. Escapade
2.1 The Escapade refers to the cross country escapade wherein participants will be completing location quests, compete with and against different teams participating in the escapade. The participants are to meet at one point (location) in a specific country as advised by the Organiser and start traveling across different locations completing different tasks and challenges and if the escapade is finished the participants will meet at the finish line in a different country than where it started, again advised by the Organiser.
2.2 The Escapade will have a points system wherein each team will be given points for every challenge or quest that is completed. There will be a leaderboard and the team which gets the most points at the end of the escapade, is declared a winner at the end of the escapade by the Organiser
3. Postings
3.1 The Website may link to our Facebook, Instagram pages or other features on the Website which may provide some areas where you can post or exchange information, as well as post photos, videos and other material. Such actions are collectively referred to as “Postings”. If you make use of this, you are complying with the terms set out in this Agreement and any applicable terms (including any which may be imposed by the operators of Facebook and Instagram).
3.2 The standards set out in this clause 3.2 apply to all Postings. You must comply with the conditions of the following standards. The standards apply to each part of any contribution as well as to its whole.
(i) Postings must:
- Comply with applicable law in Malta and in any country from which they are posted.
(ii) Postings must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3.3 You warrant that all of your Postings do comply with the standards set out in this clause, and you will be liable to us and indemnify us for any breach of that warranty.
3.4 You hereby authorise us to copy and use all or part of your Postings in any manner (including, without limitation, for the purposes of implementing or developing any ideas), format, or medium that we or such other parties see fit throughout the world. You waive any moral rights.
3.5 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
4. Monitoring and moderating
4.1 Please be aware that we have no obligation to (and do not always exercise) editorial control over Postings or other information that users post to the Website and such information does not necessarily reflect our views.
4.2 Notwithstanding clause 3.1, we reserve the right to monitor and/or moderate all Postings and to remove all or part of any which we consider in our absolute discretion to be offensive or otherwise in breach of this Agreement. We may also make alterations to Postings at any time and at our discretion.
5. Complaints
5.1 If you have any complaint about any Posting or other content on our Website please contact us at info@knightsofescapade.com
5.2 Your complaint will be dealt with by our team. A member of our team will use reasonable endeavours to respond to you although you should be aware that we receive, review, investigate and deal with complaints only during our normal business hours.
5.3 We reserve the right to terminate your registration and access to the Website if we suspect any misuse of our complaints procedure.
6. Intellectual Property Rights
6.1 We are the owner or the licensee of all intellectual property rights in and relating to:
our Website; and
the material (including all logos, text and graphics) published on the Website; and
the software used to operate our Website.
These works are protected by copyright and all such rights are reserved.
6.2 Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
7. Content
7.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
7.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
8. Disclaimer and liability
8.1 Nothing in the Agreement shall limit our liability for fraud or for death or personal injury caused by our negligence or in relation to any other liability which cannot be excluded or limited by law.
8.2 Subject to clause 8.1 and other than as stated in this clause 7 or the Sales Terms, all implied terms, conditions or warranties are hereby excluded to the fullest extent permitted by law.
8.3 Whilst we make every effort to ensure the availability and accuracy of our Website and any content, we do not warrant that the availability of our Website will be uninterrupted or that Website and any materials accessible via the Website will be error or omission free.
8.4 We do not accept any responsibility for any use made of the Website and we shall not be liable:
(i) in any circumstances for any loss of or damage to goodwill, loss of customers, loss in connection with third party claims, or any indirect, special or consequential loss (even if the party concerned has advised of the possibility of such loss);
(ii) for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; and/or
(iii) for any other loss suffered in connection with the use of our Website or any content to the fullest extent that we may exclude or limit such liability under applicable law.
9. Your personal information
9.1 Please see the Escapade Terms and our Privacy and Cookie Policy for details of how we process your personal details and how we use cookies on the Website here.
10. Variations
10.1 We may revise the terms of the Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Website.
11. Linking to our Website
11.1 You must not establish a link from any website that is not owned by you.
11.2 Our Website must not be framed on any other site.
12. General terms
12.1 If we fail, at any time, to insist upon strict performance of any of your obligations under any of the terms of the Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 We will not be liable to you for any breach of the Agreement that arises because of any circumstances which we cannot reasonably be expected to control.
12.3 If there is a conflict or inconsistency between any provision contained in the these General Terms and the Escapade Terms and/or the Sales Terms, except where provided to the contrary, to the extent of the conflict or inconsistency the following order of precedence shall apply:
(i) if you are purchasing merchandise, the Sales Terms will take precedence; and
(ii) if you enter an escapade, clause 7 of these General Terms will prevail and the Race Terms will take precedence over all other clauses of the General Terms.
13. Law
The Agreement is governed by Maltese law. You agree to submit to the exclusive jurisdiction of the Maltese courts provided that nothing in this clause will prevent us from taking any action in any court that has jurisdiction over you.
14. Contact
You may contact us at info@knightsofescapade.com
Section B – Escapade Terms
- Escapade entry
1.1 By entering an escapade you are agreeing to enter into the escapade and also agree to abide by these Escapade Terms as well as the General Terms and the terms set out on the relevant escapade entry page of the Website.
1.2 To enter a race you must be 18 years of age or older on the date of the race.
1.3 Someone under the age of 18 years of age must be accompanied by a parent/guardian.
1.4 Escapade entry closure is determined and announced when escapade participation reaches the stated capacity or a pre-set date. This will be stated on the Website entry page of the escapade in question.
2. Race entry fees and cancellation
2.1 You must pay the escapade entry fee at the time of registering for the escapade through the website.
2.2 All escapade entry fees are non-refundable. An escapade can be transferred from one escapade to a future escapade and this is to be done 90 days prior to the future escapade taking place. This can only be done once and after that no refund is to be reimbursed to the participants. Your entry is completed as soon as you have completed the escapade registering process.
3. Participation is at your own risk
3.1 You are responsible for ensuring that you have undertaken any necessary preparation to enter and participate in any escapade. Entry and participation in escapades is at your own risk. Entrants declare that they are capable of participating in this event and completing the escapades. It is the right of every entrant to stop their participation from the escapade if they are willing to but this said, no compensation from Knights of Escapade is to be expected back.
3.2 Entrants accept that participation in an event is at their own risk and acknowledge that participation in any challenge can be physically/mentally strenuous. It is acknowledged that participation in the escapade will be demanding and the Participant is aware of the nature of the escapade and associated risks involved. The organiser accepts no liability for any injury whilst the Participant is taking part in an escapade.
3.3 The Participant must only take part in an escapade where it is safe to do so. The Participant accepts all responsibility for any injury and incident that occurs due to participating in the escapade. The Participant agrees to act in the best interest of their personal safety and that of the Public.
3.4 Upon escapade entry you confirm your acceptance of these terms, conditions and the disclaimer. By agreeing to these terms and conditions, entrants release event organisers, from all claims connected with participation. Entrants indemnify the event organiser, sponsors and employees involved in this event directly or indirectly against all liability for any and all injury, loss or damage connected with the entrant’s participation.
3.5 The escapade Organiser reserves the right at any time to remove Participants from the escapade or prevent Participants participating in the race if in the Organiser’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the race by other Participants or for any other reasonable reason. No refund of the Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the escapade or other participants, so as to cause the team’s removal, from both races and website.
4. Escapade completion
4.1 You will be treated as having completed the escapade if you make it to the last location of the escapade and that means making it to the finish line.
4.2 The Participant shall not be entitled to a refund of the Fees if he or she is disqualified from the race as a result of an infringement of these Conditions or any such rules and regulations. The Organiser is also entitled to impose escapade rules upon the Participant from time to time which will form part of these Conditions. The relevant rules and regulations may be obtained from the escapade website.
4.3 We will give out escapade medals to each participant who joins us at the finish line Medals are sent out by post within a reasonable time of the deadline for those who do not manage to make it to the finish line. It is your responsibility to ensure that your address and any other details are correct and we will not be responsible or liable to you if these details are incorrect.
4.4 The Prize is only rewarded to the team who ranks first in the Escapade.
4.5 The deadline for completing each escapade and the submission of evidence in accordance with clause 4.1 is fixed and cannot be varied.
4.6 Entrants acknowledge that the entry fee for the space in the escapade and not to ‘purchase’ the escapade medal. The medal is a reward for all completing entrants.
5. Personal Information
5.1 Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, payment information (including credit card numbers [, email address, and phone number. We refer to this information as “Order Information”. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
5.2 How do we use your personal information?
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
– Communicate with you;
– Screen our orders for potential risk or fraud; and
– When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
– Link you to the Knights of Escapade Application wherein the access for the escapade will be given before participating in the escapade.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
5.3 Sharing you personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
5.4 Behavioural advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
5.5 Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
5.6 Your rights
You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe.
5.7 Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
5.8 Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
5.9 Contact us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at info@knightsofescapade.com or by mail using the details provided below:
Section C – Sales Terms
- These terms
1.1 These are the Sales Terms on which we sell our escapades and supply merchandise to you, whether these are goods or services. These Sales Terms apply in addition to the General Terms of this Agreement.
1.2 Please read these terms carefully before you register for any escapades or buy any merchandise from the website. These terms tell you how we will provide products and services to you, how you and we may change or end the agreement, what to do if there is a problem and other important information.
2. Our Escapade Agreement
2.1 Your order is to purchase our escapades. Our acceptance of your order will take place when you register through our website, at which point the payment will be done as soon as you have registered into one of our escapades. The confirmation will be sent in the form of an email wherein we will notify you that we have received payment and your registration was a success. In due time our team will be sending an access code which will direct you to Knights of Escapade application which will give you access to the escapade that you have registered and paid for.
2.2 The price of the escapade will vary according to the escapade that you are applying for. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Escapade until the matter is sorted . This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product/service or because we are unable to meet a delivery deadline you have specified or for any other reason.
2.3 If you wish to make a change to an escapade as mentioned in the Escapade terms
2.2 please contact us and we will let you know if the change is possible.
3. Our merchandise
3.1 The images of the merchandise on our Website are for illustrative purposes only. Although we have made every effort to display the colours and products accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4. Supplying merchandise to you
4.1 The costs of delivery will be as displayed to you on our Website.
4.2 We will deliver merchandise to you as soon as reasonably possible and in any event within 10 days after the day on which we accept your order.
4.3 If our supply of the merchandise is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by reasons out of our control, but if there is a risk of substantial delay you may contact us to end the order and receive a refund for any merchandise you have paid for but not received.
4.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
4.5 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9 will apply.
4.6 The merchandise will be your responsibility from the time we deliver the product to the address you gave us. You own the merchandise once we have received payment in full.
5. Price and payment
5.1 Whilst we try and ensure that all details, descriptions and prices that appear on the Web Site are accurate, errors may occur. If we discover an error in the price of any Escapades and/or merchandise which you have ordered, we will inform you of this as soon as possible and give you the option of either re-confirming your order at the correct price or cancelling it.
5.2 Prices are exclusive of VAT. All prices are based on Euro (€).
5.3 You must pay for the merchandise before we dispatch it. We will not charge your credit or debit card until you confirm the payment yourself.
6. Your rights to change your mind and cancel
6.1 For most merchandise bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are not affected by the terms offered.
6.2 You may cancel your order (or any part of it) and return your merchandise for any reason before dispatch or within 14 days after the date of delivery by:
(i) emailing us at info@knightsofescapade.com
6.3 You will lose your right to cancel after the expiry of the 14 day period referred to in clause 7.2 (this does not affect your rights if there is any problem with the merchandise, in relation to which please see clause 8 below).
6.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.5 In relation to merchandise delivered to you, you may need to take delivery of the merchandise before you can cancel your order if we have arranged for delivery of merchandise before we receive your notice of cancellation. This does not affect your rights under this clause and clause 9.
6.6 When you change your mind and notify us as described above, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any deductions as described in this clause 7. Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 14 days after the day:
(i) you notified us to cancel your order, where you have not received the merchandise (and the merchandise have not been sent to you); or
(ii) we receive the merchandise you returned to us, where you are in receipt of the merchandise.
6.7 You must arrange for the return of the merchandise as soon as possible and in any event not later than 14 days after the day on which you cancel your order, You will be responsible for the cost of returning the merchandise.
6.8 You must not use the merchandise (except to the extent reasonably necessary to inspect and examine it) and take care of it while it is in your possession. We reserve the right to make a deduction from the amount of any refund for loss in value of the merchandise returned where the merchandise show signs of unreasonable use.
7. Our rights to end the contract
7.1 We may end the contract for the purchase of merchandise at any time by writing to you if:
(i) you do not make any payment to us when it is due;
(ii) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the merchandise;
(iii) you do not, within a reasonable time, allow us to deliver the merchandise to you or collect them from us.
7.2 If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for merchandise we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8. Our liability to you
8.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.2 We only supply the merchandise or domestic and private use. To the extent not prohibited by law we will have no liability to you:
(i) if you use the merchandise for any commercial, business or resale purpose, for any loss of profit, loss of business, business interruption, or loss of business opportunity;
(ii) loss which is not foreseeable as described in clause 10.1;
(ii) loss which arises when we are not at fault or in breach of the Agreement.
8.3 As a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in the Agreement is intended to limit your legal rights as a consumer.
Thank you for visiting our website.