ATK E SPORT (PTY) LTD

 

IMPORTANT – PLEASE READ AS THIS AGREEMENT AFFECTS YOUR RIGHTS!

TERMS AND CONDISTIONS - EXCLUSION OF LIABILITY - YOUR ASSUMPTION OF RISK – PRIVACY POLICY

ATK E SPORT (PTY) LTD (hereinafter ATK), as the supplier of recreational services, sells all game time and supplies all recreational and entertainment services and facilities to you (the Participant) including, but not limited to virtual sports and computer gaming facilities in any ATK facility subject to the following terms and conditions:

 

  1. By purchasing game time for or by using any of the facilities at any ATK venue, the Customer agrees to be bound by these terms and conditions.  In addition, ATK also has a separate privacy policy, a copy of which will be supplied to you, and the provisions of that privacy policy, as updated from time to time, are specifically incorporated in these terms and conditions by way of reference, and  by purchasing game time for or by using any of the facilities at any ATK venue, the Customer also agrees to be bound by the privacy policy terms and conditions.  If the person purchasing the game time or using any of the facilities is under the age of 18, the legal guardian or an adult duly authorised by that legal guardian must enter into this agreement on behalf of the minor and both the legal guardian and such representative shall then be bound by these terms and conditions, and be considered to be the Participant, as the context may require.

  2. To the extent permitted by law, ATK, their employees, directors, agents, affiliates, parent companies and subsidiaries are not liable to the Participant, your dependants or legal representatives for personal injury or death suffered by the Participant because the recreational activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by ATK.

  3. The Participant acknowledges that any recreational activity involves some degree of danger and/or risks and hazards, and as a consequence personal injury and sometimes death can occur.  The Participant knowingly and voluntarily assumes and accepts all such risks and hereby waives the right to sue ATK for any personal injury, death and/or damages in any way whatsoever caused by or relating to the Participant’s participation in such activities.

  4. The Participant agrees to pay the cost of and authorises ATK to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

  5. Children must be at least 11 years of age to use the facilities at any ATK venue and when less than 15 years of age be supervised by a responsible adult. Where you are responsible for such children you agree to be bound by these conditions on their behalf and you will directly supervise them at all times.

  6. Participants must be in good health and free from any adverse medical conditions. If in doubt please seek medical advice before registering and making use of any ATK facility.

  7. While in any ATK venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible, without being entitled to any compensation therefor.

  8. All game time remain the property of ATK until used up and cannot be refunded, transferred or resold.

  9. The Participants must comply with all signs or other directions of ATK employees and it may suspend or cancel a Participant’s access to recreational activities at any ATK venue in its absolute discretion for non-compliance with these conditions, including removing the Participant from the venue with immediate effect, on the grounds of reckless, inappropriate or careless conduct.  The Participant agrees that if his/her participation in the activities is suspended, they shall not be entitled to a refund and shall not have any claim whatsoever against ATK, its agents, employees, directors, parent companies or subsidiaries.

  10. If you purchase game time for the use of the ATK facilities on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.

  11. While ATK aims to provide a safe facility for participants, ATK, their employees, directors, agents, affiliates, parent companies and subsidiaries do no accept any responsibility for the care or supervision of minors using the facilities, and the Participant specifically agree and record that such responsibility will remain with the legal guardian and/or the representative / responsible adult appointed by the legal guardian.  The parties also agree and record that if minors enter the premises, ATK is entitled to assume, without any obligation to verify, that they are doing so with the knowledge and consent of their legal guardian, and that if the minor is accompanied by an adult that such adult is either the legal guardian, or duly authorised by the legal guardian to be the relevant representative /responsible adult.  

  12. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa (the courts of which shall have exclusive jurisdiction).  If any of these terms and conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining terms and conditions shall remain and continue to be valid, binding and enforceable.

  13. ACKNOWLEDGEMENT: The Participant (or his/her legal guardian/representative) confirms that he/she (or his/her Guardian/legal representative) has read and understood these terms and conditions and agrees to be bound by them without limitation.