Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Last Updated: 13 September 2023

These terms and conditions (the “T&Cs”) apply to all use of https://xydrobe.com/   (the “Website”) and other products, services and features available to you including the use of our immersive VR experience (the “Services”) and form a legal agreement between you and Xydrobe Ltd (we, us, our, Xydrobe), a company incorporated in England and Wales with company number 13428052 and registered office at 11 Carlos Place, Mayfair, London, W1K 3AX. 

The Xydrobe Privacy Policy https://xydrobe.com/pages/privacy-policy sets out how we use data relating to you and it forms a part of these T&Cs.

  • Introduction
    • If you do not want to or cannot agree to these T&Cs, then you must not use the Website or Services. By using the Website, you confirm that you understand and accept these T&Cs and that you agree to comply with them.
    • The Services are intended to be used by those who are 16 and over; if you are not at least 16 then please do not continue to access the Services unless you have the express consent of your parent or guardian. 
    • We may make alterations to these T&Cs from time to time. If you are not happy with any alteration, you must stop using the Website. If you keep using the Website, this will indicate your acceptance of these T&Cs as altered. We may notify key changes to you, but you should review these T&Cs from time to time to ensure you are aware of any changes. 
    • We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    • You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these T&Cs and any other applicable terms and conditions, and that they comply with them.
  • Accessing Content we make available to you 
    • We give you access to some great content via our Xydrobes. Our Services allow you to view, experience and shop with content created by us and from third parties (“Xydrobe Content”).  
    • To enable your use of the Xydrobe Content and Services, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to it. This licence is for the sole purpose of letting you use and enjoy the Services consistent with these T&Cs. 
  • The Services 
    • The Services involve the use of virtual reality headsets and therefore may carry risks Xydrobe cannot entirely eliminate. Accordingly, in order for you to be engaged/continue to be engaged in connection with the Services, Xydrobe requires you to agree to these T&Cs.
    • You understand and acknowledge the scope, nature and extent of the risks involved in taking part in the Services. Without limitation to your acknowledgement of these risks, by agreeing to these T&Cs, you acknowledge and agree that:
      • Xydrobe will not be liable to you for any direct or indirect loss, damage, personal injury, illness, disease, ailment or your death arising out of or in the course of your engagement in connection with the Services, except to the extent the same was due to the negligence of Xydrobe or to the extent that such exemption from liability may be unlawful by statute; and 
      • you are accepting your engagement in connection with the Services with full and complete knowledge of the currently known potential risks involved (whether or not those risk are set out in these T&Cs).
      • You are accepting of the age restrictions listed for each experience and adhere by this. 
    • The risks associated with the Services may include, but are not limited to:
      • vertigo;
      • disorientation; 
      • eye strain; 
      • nausea; 
      • motion sickness;
      • increased heart rate;
      • increased body temperature; and
      • self-injury. 
    • You agree that you are in good health and free from any adverse medical conditions. For safety reasons, pregnant women are advised not to use the Services, whilst customers with pre-existing health issues, customers that have a pacemaker or wearing casts are not permitted to use the Services. If in doubt, please seek medical advice.   
    • By agreeing to these T&Cs you represent, warrant and undertake that you will:
      • notify us of any disability, illness or other factor that may prevent you from safely performing the Services;
      • follow safety procedures and protocols outlined to you in connection with the Services (including but not limited to, by Xydrobe, any applicable host venue, and/or any applicable third party service providers or partners); 
      • comply with the terms and conditions of any host venue, or third party provider (and sign any additional documents as required by any such host venue or third party), including without limitation in respect of exclusion of liability, personal data, and health and safety; and 
      • notify Xydrobe as soon as reasonably practicable of any illness, injury or exceptional circumstances that might affect your ability to provide engage with the Services.
  • Payment and Bookings 
    • Payment must be made before you use any Services of ours. Bookings are only confirmed once payment has been made. The price paid at the time of booking is final and non-negotiable. We reserve the right to amend ticket prices at any time, without prior notice. 
    • Payment cards used to purchase tickets will be charged on the same date of the order. You must ensure you check that the information contained in the ticket order confirmation is accurate. 
    • If you have not received a ticket confirmation, please check your spam/junk folder. If you still are unable to find it, please email bookings@xydrobe.com. 
    • Once a booking is confirmed, you will receive a confirmation email with proof of payment and a booking reference number. In booking any Services with us, you confirm your acceptance of these T&Cs. In the case of group bookings, the person making the booking is responsible for making all members aware of these T&Cs. 
    • The time indicated in the confirmation email is the starting time for the Services and you are expected to be present for the start time. 
    • If you do not arrive on time, in our sole direction, you may not be permitted to take part in the Services. 
  • Cancellations and Rescheduling 
    • In regard to the Services, we are unable to offer monetary refunds for any sessions which are cancelled by you. If you need to cancel, subject to availability, we will use all reasonable endeavours to arrange a new session at another time. 
    • We reserve the right to move your booking time or day due to our operational requirements. We will use all reasonable endeavours to ensure that we operate as usual. However, in our sole discretion, we reserve the right, with or without notice to cancel any session for reasons including but not limited to, safety reasons. In the event of such cancellation, we will fully refund any visitor whose session is cancelled the cost of their prepaid ticket but otherwise, we shall have no liability whatsoever, including but not limited to liability for travel expenses or any other out of pocket expenses, in respect of the cancellation. 
    • If you request to reschedule your session with at least twenty-four (24) hours’ notice and have a new date you would like to reschedule your session to, you can email bookings@xydrobe.com with your details to reschedule. For the avoidance of doubt, any rescheduling shall be subject to availability. 
    • We are not responsible for factors outside of our control, for example delayed commuter services, traffic, or parking difficulties. If you miss you miss the start time for your booking, you will not be eligible for a refund. 
  • Behaviour 
    • The use and possession of illegal drugs and alcohol is prohibited. If illegal drugs are found among your possessions, you will be subject to immediate removal and denial of access to the Services. 
    • If our staff reasonably suspects possession and/pr use of illegal drugs, we reserve the right to immediately deny access to the Services. 
    • We have every right to terminate, without notice, your access to the Services, as a result of the threat of vandalism, violence, anti-social behaviour or any other behaviour we believe to be inappropriate. 
    • We accept no liability for any accident or misadventure that occurs while you are under the influence of alcohol or illegal drugs. 
    • We do not tolerate any kind of bullying or harassment towards our employees and we reserve the right to remove you from our premises if you are violent, abusive, threatening or disruptive or causing distress to other customers or employees, with no refund. 
    • You are expected to treat all our equipment and property with the utmost care. If any material damage occurs beyond reasonable wear and tear that is expected, you will be required to pay the full amount to replace the item. This is inclusive of any damages caused by ether deliberate misuse or accidents due to not following the instructions given by our employees. 
  • Intellectual Property Rights 
    • The Website is made available solely for your private, non-commercial, personal use only. This does not give you any rights of ownership in the Website. 
    • The limited rights granted to you to access and use the Website and Services do not convey additional rights on the Website or Services or in any intellectual property rights associated therewith. 
    • Subject only to the limited rights to access and use the Website and Services as expressly provided herein, all rights, title and interest in and to the Website and Services and all hardware, software ad other components of or used to provide the Website or Services including all related intellectual property rights, will remain with and belong exclusively to Xydrobe (or our licensors). 
    • The Website or Services may contain certain licensed materials licensed by third parties to Xydrobe. All trade marks and other rights are the property of their respective owners. 
    • The Website and/or Services may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organization, places, stadia, venues and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law. 
    • All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them. 
    • You may not remove or alter any trade mark, logo, copyright or other proprietary notice in or on the Website or Services. 
    • These T&Cs do not grant you any right to use the trademarks, service marks, copyright works or logos of Xydrobe, its licensors or any other third parties. 
  • Restrictions and obligations
    • You agree to comply with these T&Cs and all rules applicable to the use of the Website. 
    • You will not:
      • hack, modify, reverse engineer or create derivative works of the Website or any part of it or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide our Website;
      • gain unauthorised access to any part of the Website;
      • remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website; 
      • create software which replicates or mimics the data or functionality in the Website; 
      • share any password or security information you use to access the Website with any other person;
      • make public or commercial use, by any means, of the Website, products or services without our prior written consent; 
      • use your access to the Website for the sending of direct marketing;
      • make any part of the Website available to a third party who does not agree to these T&Cs; 
      • copy or exploit any part of the Website or the content it contains;
      • use the Website or any part of it unfairly or for any illegal or immoral purpose; or 
      • attempt to do any of the acts listed above. 
  • Personal Information 

We will only use your personal information as set out in our Privacy Policy https://xydrobe.com/pages/privacy-policy. 

  • Liability 
    • We provide and maintain the Website on an “as is” basis and are liable only to provide the Services with reasonable skill and care. The material displayed on the Website and the Services is provided without any guarantees, conditions or warranties as to its accuracy. 
    • External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links. 
    • We give no warranty in respect of the information contained on the Website and exclude all liability for any incorrect or inaccurate information or material the Website contains. 
    • We hereby expressly exclude liability for:
      • any indirect, consequential or special loss or damage of any kind howsoever arising, whether or not that loss arises out of something of which we have been made aware;
      • any interruptions to the Website;
      • any incorrect or inaccurate information on the Website;
      • the infringement by any other person of any copyright or other intellectual property rights;
      • the availability, quality, content or nature of External Sites;
      • any transaction taking place on External Sites;
      • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website; and
      • all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
    • We do not warrant that the operation of the Website will be uninterrupted or error free. 
    • We will not be liable in any amount for failure to perform any obligation under these T&Cs if that failure is caused by the occurrence of an event beyond its reasonable control. 
    • These T&Cs shall not affect or exclude our liability for death, personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. 
    • You agree not to use the Website in any way which is:
      • unlawful; 
      • may give rise to civil or criminal liability for Xydrobe; or 
      • which might bring Xydrobe into disrepute.
  • Termination 

Without limiting any other rights we may have, we may immediately cancel or suspend access to the Website and/or the licences granted hereunder if we think you have breached any of these T&Cs. 

 

  • General 
    • Only food and drinks obtained and/or purchased within our premises can be consumed on the premises. Food, drinks or chewing gum are not permitted inside the experience.
    • Smoking on the premises (including e-cigarettes) is strictly prohibited. 
    • The use of photographic or recording equipment of any kind is strictly prohibited in the experience. We reserve the right to delete any unauthorised recordings and any guests who are suspected of making recordings of the experience may be removed from the experience without a refund.   
    • These T&Cs, together with our Privacy Policy constitute the entire agreement between you and us relating to your use of the Website, to the exclusion of any other terms. 
    • Our failure to enforce any term does not constitute a waiver of that term. 
    • If any part of these T&Cs is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect. 
    • No representation or warranty is made as to whether the Website complies with the laws of any other country other than the United Kingdom.
    • No person who is not a party to this agreement shall be entitled to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
  • Jurisdiction and governing law 
    • The English courts will have exclusive jurisdiction over any claim arising from or related to, a visit to the Website. 
    • These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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