Privacy Policy

FLIPPERONI LTDMEMBERSHIP TERMS AND CONDITIONS 

 

  1. These Terms 

  1. What these Terms Cover: These Terms contain the terms and conditions on which we supply our Membership to you. Please read these Terms carefully before you accept these Terms (by creating an account with us) 

  1. How to tell us about problems: If you have any questions, feedback or complaints about the Membership, please contact us to discuss using our contact details below 

Our contact details: 

Flipperoni Ltd, a company established in England and Wales. Our company registration number is 14919607. 

Phone number: [020 8062 1802] 

Geographical address: [112 Askew Rd, London W12 9BL] 

Email address: [gamesclub@flipperoni.com] 

  1. Introduction 

This website (Site) is operated by Flipperoni Ltd, a company registered in England and Wales, with company registration number 14919607 (we, our or us). These terms and conditions (Terms) are between us and you, the person buying a Flipperoni membership for food, beverages and arcade services (Membership) through the Site.  

  1. Acceptance and our Site 

  1. You accept these Terms by creating an account via the Site.  

  1. You must not purchase a Membership from us unless you are at least 16 years old (Anyone under the age of 16 must sign up through the consent of a parent/legal guardian) 

  1. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including 

  1. anything that would constitute a breach of an individual’s privacy or any other legal rights; 

  1. using the Site to defame, harass, threaten, menace or offend any person; 

  1. using the Site for unlawful purposes; 

  1. interfering with any user of the Site; 

  1. tampering with or modifying the Site (including by transmitting viruses and using trojan horses); 

  1. using the Site to send unsolicited electronic messages;  

  1. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or 

  1. facilitating or assisting a third party to do any of the above acts. 

  1. All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at [https://gameclub.flipperoni.com/terms/privacy-policy]. 

  1. In consideration of your payment of the Fees, we will provide the Membership in accordance with these Terms and all applicable laws, whether ourselves or through our personnel. We warrant to you that our goods and services will be provided to you using reasonable care and skill. 

  1. Accounts and Memberships 

  1. You must create an account in order to purchase a Membership from us. When you create an account, you will be able to choose the Membership tier you would like to purchase (the inclusions in our Memberships are set out on our Site). Once you purchase a Membership, we will provide you with a member number. 

  1. You must ensure that any personal data you give to us when creating an account is accurate and up-to-date 

  1. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details. 

  1. You can use your account to make bookings with us in our arcade or restaurant, or you can call or email us for bookings. Bookings are always subject to availability. 

  1. When you arrive at our restaurant and arcade facility (Premises), you must register with us at the front desk, where we will verify your identity and provide you with a wrist band so that we can identify what Membership tier you are on. 

  1. To the maximum extent permitted by law, if you do not use the benefits in your monthly Membership in any given month, these will not rollover to the following month. 

  1. If you would like to purchase any additional food, beverages or arcade time not included in your Membership, you may purchase these from us for an additional price (https://gameclub.flipperoni.com/go-pro). 

  1. If you wish to change your Membership (for example, by upgrading to a different tier of Membership), you must provide notice to us through your account that you wish to vary your Membership before the next Payment Date. If you vary your Membership and the Fees increase, we will charge you for the increase in the Fees on a pro-rata basis for the remainder of the period until your next Payment Date, and you will have access to the additional Membership features from the date you make such payment.  

  1. Minimum Term and Fees  

  1. Membership terms:  You may choose to purchase a Membership by paying the fees set out on the Site (Fees). If you do not cancel during the cooling off period (see clause 6a), your Membership will automatically roll over onto a monthly Membership and you will be charged the Fees for a monthly membership on expiry of the membership term (end of 30 days), and 

  1. Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing monthly basis, and you will be charged the Fees on an ongoing monthly basis from the Payment Date. Without limiting your rights at law, including your right to cancel these Terms under clause 6, you can cancel your Membership at any time in accordance with the “Termination” clause of these Terms and the cancellation will take effect from expiry of the monthly period for which you have paid the Fees.  

  1. The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. 

  1. You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. 

  1. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.  

  1.  Subject to your rights at law (including your right to cancel these Terms under clause 6), the Fees are non-refundable once paid. 

  1. We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Termination’ clause. 

  1. Taxes: You are responsible for paying any levies or taxes associated with your Membership, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf). 

  1. Cooling off Period 

  1. Cooling off Period: You have 14 days from the date you first sign up for a Membership to cancel these Terms. We agree not to commence the provision of the Membership during this cancellation period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide the relevant goods and/or services provided under your membership (i.e. you make a booking) within this cancellation period, this will be taken to be an express request by you, and you will lose your right to cancel if the relevant features of your Membership are fully provided by us. If you exercise your right to cancel under this clause 6 you will be liable to pay to us an amount for the relevant goods and/or services supplied up to when you inform us that you intend to cancel, which will be proportionate to the full Price for the relevant goods and/services for the Term. 

  1. When you don't have the right to change your mind: You do not have a right to change your mind in respect of your Membership, once the features of your Membership have been completed, even if the cancellation period is still running. 

  1. Tell us you want to cancel these Terms: To exercise your right to cancel these Terms under this clause 6, please let us know by contacting us by email or using the form at the end of these Terms. 

 

  1. Limitations on and exclusions to our liability 

  1. In these terms Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.  

  1. Neither Party may benefit from the limitations and exclusions set out in this clause 7 in respect of any liability arising from its deliberate default. 

  1. The restrictions on liability in this clause 7 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.  

  1. Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for: 

  1. death or personal injury caused by negligence; 

  1. fraud or fraudulent misrepresentation; 

  1. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and 

  1. defective products under the Consumer Protection Act 1987. 

  1. This clause 7(e) applies to the extent that we supply any digital content. If the Site is defective and they damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.  

  1. Subject to clauses 7(a) (no limitation in respect of deliberate default), 7(e) (damage caused by defective digital content) and clause 7(d) (liability which cannot legally be limited), but despite anything else to the contrary, to the maximum extent permitted by law:   

  1. we only supply the Membership for domestic and private use. If you use the Membership for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;  

  1. where either Party fails to comply with these Terms, neither party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms;  

  1. a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and 

  1. you are liable for and agree to indemnify us and hold us harmless in respect of any Liability that we may suffer or incur as a result of or arising in connection with any property loss or damage, or personal injury arising from: 

  1. your negligent acts or omissions; and/or 

  1. your failure or refusal to follow our reasonable directions (including with regards to safety procedures). 

  1. We have given commitments as to the compliance of the Membership with these Terms and applicable laws in clause 3(e). In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms. 

  1. This clause 7 will survive the termination or expiry of these Terms. 

  1. Intellectual property  

  1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and any content on the Site) (Our Intellectual Property) will at all times vest, or remain vested, in us. 

  1. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used. 

  1. You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity. 

  1. You must not, without our prior written consent:  

  1. copy (in whole or in part) any of Our Intellectual Property, or reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or 

  1. breach any intellectual property rights connected with the Site or the products. 

  1. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that: 

  1. you do not assert that you are the owner of Our Intellectual Property; 

  1. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;  

  1. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and  

  1. you comply with all other terms of these Terms. 

  1. Your Warranties and Responsibilities 

  1. You represent, warrant and agree that: 

  1. you will not use our Site, including Our Intellectual Property, in any way that competes with our business; 

  1. there are no legal restrictions preventing you from entering into these Terms;   

  1. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and   

  1. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Membership is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms. 

  1. You agree to: 

  1. comply with all of our reasonable instructions or requests; 

  1. only use the Membership for yourself and not grant anyone else access to the features of your Membership; 

  1. supervise any children or minors you have with you, and not use our arcade facilities as a substitute for a nursery or childcare services; 

  1. not engage in any indecent or offensive behaviour at the Premises, including appearing intoxicated, under the influence of illicit drugs, using vulgar or abusive language, or wearing inappropriate clothing; 

  1. behave in a respect manner at all times 

  1. respect our property and games at all times, and not damage any of our property; 

  1. not engage in any aggressive, abusive, violent, fighting or otherwise threatening or confrontational behaviour with any other individual at the premises; and 

  1. not bully or harass anyone at the Premises. 

  1. Not steal or take any of our equipment home with you 

  1. Not hog any equipment for a long period of time or whilst other members are present and waiting/and to share the equipment with other members withing their respective membership tiers 

  1. If the venue is full members must agree to use each machine for 20 minutes only  

  1. Members must wash hands and keep all equipment clean and hygiene friendly to avoid contamination of germs/bacteria virus etc  

  1. Members with any illnesses should notify our staff in advance  

  1. No food or drink is permitted in the games room (with exception to VIP members) 

  1. Members must agree to not disrespect our staff or violate the venue as a 0-tolerance policy will be implemented  

  1. Members agree to not use the venue as a marketing campaign for any religious, political, business or any personal related affairs  

 

  1. If you breach this clause 9, we may ask you to leave the premises immediately, at our sole discretion. 

  1. Termination 

  1. Cancellation: You may request to cancel your Membership at any time by notifying us via email or via ‘cancel my account’ feature in your account. Your cancellation will take effect from the next Payment Date (unless you cancel in accordance with clause 6). If you cancel the Services because we have changed the Services inclusions and the change has a substantial and adverse impact on you, or we have changed the Fees, then the termination of the Services will be immediate, and we will refund you for any Fees that you have paid upfront but have not been used on a pro-rata basis.  

  1. We may terminate these Terms (meaning you will lose access to your Membership, including access to your account) if: 

  1. you do not pay the Fees as they fall due; 

  1. you breach clause 9; 

  1. you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach; 

  1. you breach these Terms and that breach cannot be remedied; or 

  1. you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement). 

  1. Should we suspect that you are in breach of these Terms, we may suspend your Membership while we investigate the suspected breach.  

  1. Upon expiry or termination of the Membership, we will retain your data (including copies) as required by law or regulatory requirements. 

  1. Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.  

  1. Termination of the Services will not affect any rights or liabilities that a Party has accrued under these Terms.   

  1. This clause will survive the termination or expiry of these Terms. 

  1. General 

  1. Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it. 

  1. Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).  

  1. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 

  1. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent 

  1. Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. 

  1. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied Terms on the Site and notifying you with 14 days’ notice. The updated Terms will commence when your Membership next renews. If you do not agree to the changes, please cancel these Terms and your Membership in accordance with these Terms.  

  1. Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.  

Last update: 29 August 2023 

 

ATTACHMENT 1 – MODEL CANCELLATION FORM 

(Complete and return this form only if you wish to withdraw from the contract) 

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER] 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], 

Ordered on [*]/received on [*], 

Name of consumer(s), 

Address of consumer(s), 

Signature of consumer(s) (only if this form is notified on paper), 

Date 

[*] Delete as appropriate 

© Crown copyright 2013.