Terms & Conditions
The following conditions of sale (these “Conditions of Sale”) will apply to and bind the purchaser of, or any participant of, any Foreverland product, activity, service or facility described on the website or at the Arcade.
PLEASE READ THESE CONDITIONS OF SALE CAREFULLY BEFORE SELECTING OR PROCEEDING WITH YOUR PURCHASE
BY PROCEEDING WITH YOUR PURCHASE, USING ANY OF THE SERVICES AND/OR FACILITIES OR PARTICIPATING IN ANY ACTIVITIES AT THE FOREVERLAND PREMISES, YOU ACKNOWLEDGE THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THESE CONDITIONS OF SALE.
YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE DULY AUTHORISED AS THEIR AGENT (EACH, A “PARTICIPANT”) AND THAT EACH PARTICIPANT AGREES TO BE BOUND BY THESE CONDITIONS OF SALE.
IF YOU ARE MAKING A PURCHASE ON BEHALF OF A PARTICIPANT UNDER THE AGE OF 18 (A “MINOR”), YOU AGREE THAT YOU ARE MAKING THE PURCHASE WITH FULL AUTHORITY AS, OR AS AGENT ON BEHALF OF, THE PARENT OR LEGAL GUARDIAN OF THE MINOR, AND AGREE TO BE BOUND BY THESE CONDITIONS OF SALE ON BEHALF OF THE MINOR, OR HIS/HER PARENT OR LEGAL GUARDIAN (AS THE CASE MAY BE).
ANY PERSON ACCOMPANYING A PARTICIPANT IS ALSO DEEMED TO BE A PARTICIPANT AND SHALL BE BOUND BY THESE CONDITIONS OF SALE.
IMPORTANT NOTICE – PLEASE READ THESE CONDITIONS OF SALE THAT AFFECT YOUR LEGAL RIGHTS.
EXCLUSION OF FOREVERLAND’S LIABILITY, WAIVER OF RIGHTS AND YOUR ASSUMPTION OF RISK AND INDEMNITY
Forever Land LLP (trading under the brand of “Foreverland”), as the supplier of virtual reality gaming services and facilities at its premises (the “Foreverland Venue”) to the Participant, including but not limited to, gaming, simulation walk-throughs, training exercises, use of motion capture and tracking technology, use of wireless controllers, use of haptic feedback technology, use of head mounted virtual reality displays, use of room scale tethered virtual reality technology and equipment, recreation and waiting areas, equipment rental and maintenance, use of tracking spaces and/or any equipment, consumption of food and beverages and any other items in the Foreverland Venue (collectively, the “Foreverland Facilities”), the use, rental or maintenance of any item or equipment in, and the use of, any Foreverland Facilities and any activities whatsoever (including but not limited to any training classes, instructions and/or courses) (collectively, the “Foreverland Activities”), subject to the following conditions in these Conditions of Sale:
RISK WARNING: The Participant acknowledges and understands that the Foreverland Activities are dangerous with many inherent risks and hazards and that certain risks cannot be eliminated without jeopardizing the essential qualities of the Foreverland Activities and the use of the Foreverland Facilities. Any participation in the Foreverland Activities, use or misuse of the Foreverland Facilities and/or the Foreverland Venue involves a significant risk to Participants. Such risks could include, but are not limited to, cuts and bruises, falls, broken bones, injuries to face, arms, legs, ankles, backs, heads and necks, injuries from contact with other participants, spinal injuries and/or even death. The Participant agrees to participate in the Foreverland Activities, and/or use the Foreverland Facilities and the Foreverland Venue at his/her own risk, and assumes and accepts all such risks in relation thereto.
WAIVER, RELEASE AND DISCHARGE: To the fullest extent permitted by law, Forever Land LLP (trading under the brand of “Foreverland”), its employees, partners, directors and agents, and all other persons or entities acting in a capacity on behalf thereof (collectively, “Foreverland”) shall not be liable to any Participant, and the Participant hereby waives any and all claims, suits, demands arising out of, and the right to sue Foreverland for and releases and discharges Foreverland from, any liability for any personal injury or death in any way whatsoever caused by or relating to the Participant’s participation in such activities howsoever caused, save and to the extent found to be directly caused by Foreverland’s negligence.
To the fullest extent permitted by law, the Participant agrees to waive, and releases and discharges Foreverland from, any and all claims, suits or demands arising from any property damage or other loss against Foreverland, including but not limited to any and all negligence, negligent supervision and/or negligent instruction, faulty equipment, or the activities of others.
INDEMNITY: To the fullest extent permitted by law, the Participant agrees to indemnify, defend and hold harmless Foreverland against all and any losses, claims, proceedings, damages, liabilities (whether joint or several), costs and expenses (including reasonable legal fees), whether (i) as a result of the Participant’s own negligence, omission, act, conduct or behavior otherwise whilst participating in the Foreverland Activities, using the Foreverland Facilities, or being otherwise in the Foreverland Venue, and/or (ii) arising in connection with or as a result of the Participant making a claim against Foreverland despite any waiver, release and discharge the Participant may have given (whether under these Conditions of Sale, the Waiver and Consent or otherwise).
Participants must use the Foreverland Facilities in a responsible manner, and with respect for their own safety and the safety of others. Participants may be liable to other individuals for their injuries, if such injuries arise from irresponsible, deliberate or reckless behaviour. Participants must pay for any damage caused to any part of the Foreverland Facilities as a result of irresponsible, deliberate or reckless behaviour.
The Participant agrees to pay the cost of and authorizes Foreverland 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.
MINORS: Minors must be at least 8 years of age to use Foreverland Facilities at any Foreverland Venue. Children under 18 years require additional supervision from a parent or guardian and are recommended to limit their virtual reality sessions to not more than 60 minutes at any one point in time. Where a Participant is responsible for a minor (whether as legal guardian or otherwise), the Participant agrees to be bound by these Conditions of Sale on the minor’s behalf.
The Participant takes responsibility for the minor’s safety and must directly supervise them at all times. The Participant agrees to explain the risks outlined herein to the minor(s) he/she is accompanying and/or booking or purchasing a play session for, and agrees to the acceptance and assumption of risks herein stated on their behalf.
MEDICAL CONDITIONS: Participants must be in good health and physical condition and free from any medical conditions which may affect or preclude them from safely participating in any activities. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted on the Foreverland Facilities. If in doubt please seek medical advice.
PURCHASES AND PLAY SESSIONS BOOKED: All play sessions booked remain the property of Foreverland and cannot be transferred or resold. They are valid only for the date and time shown and are void if tampered with.
The Participants must comply with all signs, notices, directions, instructions or requests of Foreverland and Foreverland reserves the right (in its absolute discretion) to suspend or cancel any Participant’s access to any Foreverland Activities and/or any Foreverland Facilities, without refund or compensation, for non-compliance with these Conditions of Sale, signs, notices, directions, instructions or requests, or for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the Foreverland Venue, or if Foreverland considers that the circumstances so require.
Participants must look after their own belongings at the Foreverland Venue. Items such as phones and cameras may get damaged if they are used during the Foreverland Activities, and Foreverland shall not be liable for any loss or damage to any Participant’s property (howsoever caused) in the course of engaging in any Foreverland Activities.
If you purchase a package on behalf of another person, you and the other person both agree that you make such purchase as the authorized agent of that other person so that he/she will be bound by these Conditions of Sale.
The Participant acknowledges and understands that other individuals in the Foreverland Venue may use or operate videography and/or photography devices (such as camera phones, cameras and video cameras), and agrees that Foreverland has no control over, and is not responsible or liable for, any images which may be captured by such devices, and how such images may be used, processed or disclosed.
WAIVER AND CONSENT: The Participant acknowledges and agrees that in light of the risks involved as outlined herein, Foreverland requires each Participant (whether on his/her own behalf or on behalf of a minor) to accept the Waiver and Consent as a condition of access to the Foreverland Activities, Foreverland Facilities and/or Foreverland Venue, and that no access will be granted if he/she does not accept the Waiver and Consent.
No failure or delay by Foreverland in exercising any right, power or remedy under these Conditions of Sale shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
The Website is provided by Forever Land LLP (trading as Foreverland).
The Website may provide links to third party websites and the products or services of third parties. Foreverland is not responsible and is not liable in any way for third party content provided on or through the Website. Your access or use of the third-party sites is at your own risk.
The Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. Foreverland does not endorse or recommend the goods or services of such advertisers or their websites. If you purchase any goods or services from them or visit any of their websites, you do so at your own risk.
Copyright to the Website and all the content on it, including but not limited to the service description, photographs and logos (the “Website Content”), is owned by Foreverland or its licensors. The Website may also contain trademarks or logos of Foreverland, other companies or organizations and these are proprietary to the owner(s) of such marks.
You are not permitted to use, copy, modify or distribute the website content without our written consent.
Foreverland may, at its sole discretion, and at any time, discontinue or limit access to the Website or its content. Foreverland may terminate or limit your access to the Website in the event of a breach of these Conditions of Sale. All disclaimers and limitations of liability by Foreverland will survive termination.
You may offer to purchase any of the Foreverland products described on the Website for the price specified on the Website.
Payment must be effected over an e-commerce platform using the payment gateway facility available on the Website.
Confirmation of your order will be sent to your email address once your payment for the transaction has been cleared. If you do not receive a confirmation email within two business days please contact Foreverland Arcade immediately. The purchase contract is not complete until a confirmation email is issued by Foreverland.
You may not cancel an order once it has been submitted and paid, even if you have not received a confirmation email from Foreverland.
If you wish to purchase Foreverland product by phone or by visiting the Foreverland Venue then any such purchase will be governed by these Conditions of Sale (excluding any part of the Conditions of Sale that are specific to purchases made using the Website), and such other conditions as may be informed to you over the phone or displayed on the website / at Foreverland Venue. Your time credits purchased will be credited to your registered mobile number. Please bring the registered mobile number with you to the Foreverland Venue, otherwise you may not be able to unlock your play sessions booked.
Rights to admission reserved.
Please review the available packages thoroughly, before making your purchase decision. Package purchase, once executed, cannot be cancelled, modified, refunded or transferred under any circumstances.
Your play session will automatically start at the booked time and includes up to 5 minutes of set-up / handover time.
Please come 15 minutes before your booking time, to ensure that the mandatory orientation does not overlap with your play session.
Non activated play sessions will lapse 15 minutes after the booking time has passed. There will be no refunds.
Package has to be used in its entirety and the corresponding minutes will be credited to a single mobile number. Partial use is not permitted.
Foreverland terms and conditions of service apply in addition to these and supersede the above in case of a conflict.
Discount card can only be applied on a package purchase or a gift voucher purchase.
Only one discount card can be used per purchase transaction.
One discount card can’t be clubbed with another discount card or any other ongoing offer.
Discount card can not be used beyond its validity.
The final price of the Foreverland products shall be the price displayed on the Website or at Arcade on the date of your purchase.
All prices displayed on the Website or at Arcade are quoted in Indian Rupees and must be paid in full, subject to any discounts which are offered as detailed on the Website or at the Arcade at the time of such purchase.
You acknowledge that despite Foreverland’s reasonable precautions, Foreverland’s products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error or other oversight. In these circumstances, Foreverland reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
If a cancellation of this nature occurs after your payment has been processed for the purchase, Foreverland will issue a credit to your account for the amount in question within a reasonable time from the date of issue being reported.
Under normal circumstances, a confirmed order will enable you to engage in the activities specified in your order at the Foreverland Venue. However, there may be circumstances in which we are unable to make the Foreverland Venue, Foreverland Activities or Foreverland Facilities available on the date or at the time allocated. This may be as a result of unexpected closure of the Foreverland Venue, damage to the Foreverland Facilities rendering them unsafe, insufficient staff availability or otherwise. In such circumstances, we will inform you of the situation and allow you to reschedule (where this is possible) your bookings. Foreverland shall not be liable for travel costs or any other losses in connection with such cancellation.
DETAILS OF CONDITIONS APPLICABLE TO PURCHASE
Foreverland reserves the right to make any changes to the details and these Conditions of Sale if necessary to comply with any applicable legislation and to change the details and conditions published on the Website, without affording prior notice, provided that this does not materially affect the nature of the Foreverland products purchased by you, and your continued use of the Foreverland products and/or the Foreverland Website shall constitute your acceptance of and agreement to such amended Conditions of Sale. Please check this Website regularly for the most up-to-date version of the Conditions of Sale. However, the details of the conditions applicable to the purchase of Foreverland products on the Website or at Arcade may differ from time to time.
ORDER SUBMISSION AND YOUR CONSENT TO THESE CONDITIONS OF SALE
When you click on the “I Agree” checkbox you agree to these Conditions of Sale and Foreverland will treat this as a binding order. You are responsible for ensuring the accuracy of your order. Upon confirming your order, Foreverland shall supply you, subject to availability, with Foreverland products set out in your order. Foreverland will normally confirm each order made online via the Website or by email within two business days.
Once you have submitted an order, your payment will be non-refundable, even if you decide not to use the package(s) ordered.
When purchasing from the Website your financial details are passed through a secure server and a third-party payment provider.
No transmission over the Internet can be guaranteed as totally secure. Whilst Foreverland strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Foreverland or the third party payment provider, including your credit card details, is transmitted at your own risk and to the fullest extent permitted by law, Foreverland shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of the Website, whether due to negligence, breach of contract, statute or statutory duty by Foreverland.
Once Foreverland receives your transmission, it will take reasonable steps to preserve the security of such information.
Each of the terms of these Conditions of Sale shall be subject to and shall apply to the fullest extent permitted by law. In the event of any conflict with the Waiver and Consent, the relevant terms of the Waiver and Consent shall prevail.
Any provision stated herein which is held to be illegal, invalid or unenforceable will be ineffective solely to the extent of such illegality, invalidity or unenforceability, without affecting the other provisions herein which shall remain in full force and effect, and will be deemed to be amended as necessary to give effect as close as possible to the intent and purposes of the illegal, invalid or unenforceable provision.
No outside food and beverages allowed inside the venue.
These Conditions of Sale shall be governed by and construed in accordance with the laws of India and the courts of Mumbai shall have exclusive jurisdiction over any dispute arising in connection with these Conditions of Sale.
The above terms and conditions are subject to change without prior notice.
In case of any ambiguity, dispute or additional clarification needed on any of the terms, decision by the Partners and / or Directors at Forever Land LLP will be final.
By submitting the acknowledgement code received on your mobile number provided at the time of registration, you are electronically certifying this Conditions of Sale, as well as Foreverland Waiver and Consent, just as if you would physically sign it, if it was on paper.