Fixed issues with numbers in polish version
GENERAL TERMS AND CONDITIONS OF USE
OF THE LOCKME WEBSITE
[Definitions] The meanings of the following terms are hereby being adopted:
Administrator – Lockme Jakub Caban ul. Tęczowa 7, 53-601 Wrocław, NIP: 8982093673;
Website – Internet service available at https://lock.me
General Terms and Conditions – these general terms and conditions of use of the Lockme website;
Terms and conditions for Companies - available in companies panel
User – any entity using the Website;
Account – account on the Website maintained by the Administrator under the Account Maintenance Agreement; an Account is a collection of resources in which data and information about their activities undertaken as part of the Website are collected;
Account Maintenance Agreement – agreement concluded between the User and the Administrator as per point 13 below by virtue of which the Administrator undertakes to maintain the User’s Account on the Website and the User to use the Website in accordance with the provisions of the General Terms and Conditions;
Room – escape room the information of which is available on the Website;
Ranking – list of Rooms displayed on the Website in the order specified by an algorithm based on the added opinions and ratings;
Company User – entity running business consisting in providing Rooms and who have Company Account.
Company Account - account on the Website maintained by the Administrator for Company user.
Partner - Company User to whom the Administrator has granted such status in accordance with the provisions of the Terms and Conditions for Companies; unless otherwise stated, the provisions regarding the Company User also apply to the Partner;
Room Regulations – regulations made available by the Room Owner which contain provisions regarding the use of the Room;
Room Booking Agreement – agreement concluded between the User and the Room Owner as per point 29 below by virtue of which the Room Owner undertakes to provide the User with a Room on the date and at the time selected by the User and under the terms described in the Room Regulations and the User undertakes to pay the Room Owner remuneration, whereas the remuneration shall be payable in advance with the use of the Website mechanisms;
Voucher – gift voucher issued to the bearer which can only be used via the Website as a form of payment for booking a Room.
Voucher Purchase Agreement – agreement by virtue of which the Administrator undertakes to transfer ownership of the Voucher to the User and the User undertakes to pay the Administrator the price,
Game - board games offered by Administrator to buy via webiste
Game Purchase Agreement – agreement by virtue of which the Administrator undertakes to transfer ownership of the Game to the User and the User undertakes to pay the Administrator the price.
Consumer - an entity using the Website in a manner not directly related to its business or professional activity, and an entity to which the provisions grant such status.
[Preliminary Provisions] The Administrator provides the Website through which it provides electronic services to the User in a manner and under the terms described in the General Terms and Conditions.
[General Terms and Conditions] General Terms and Conditions define the rules of:
using the Website,
creating and functioning of the Account,
concluding a Room Booking Agreement,
concluding a Voucher Purchase Agreement and using the Voucher,
concluding a Game Purchase Agreement,
posting opinions and rating the Room.
[Website Content] The Website gathers information about Rooms displayed randomly or according to the Ranking.
[Website Accessibility] The Website is available to the public.
[No Fee for the Website] Use of the Website is free of charge.
[Anonymity of Users] It is possible to use the Website anonymously, except for the options specified by the Administrator.
[Technical Conditions] To use the Website it is not necessary to meet specific technical conditions by a computer or the User’s other device. It will suffice to avail of:
standard operating system,
standard, updated web browser,
active email address if the Administrator requires its provision.
[Website Functions] Through the Website, the Administrator provides the User with electronic services consisting in providing the User with the possibility to:
browse the Website content and creating content,
create an Account on the Website,
conclude a Room Booking Agreement,
conclude a Voucher or Game Purchase Agreement.
[Website Functions for Registered Users] Some functions of the electronic service provided are available only to a Registered User. The Administrator shall clearly mark the functions available only to Registered Users.
[Unauthorized use of the Website] If the User uses the Website in an unauthorized manner, ie against the law, decency or the provisions of the General Terms, the Administrator shall have the rights provided for in the provisions of the General Terms, in particular those provided for in point 54 below.
[Account] In order to set up an Account, the User must perform activities indicated on the Website, and accept General Terms and Conditions.. Creating an Account on the Website is also possible using an existing Facebook account.
[Account Maintenance Agreement] Upon creation of an Account, an Account Maintenance Agreement is concluded between the User and the Administrator by virtue of which the Administrator undertakes to maintain the User’s Account on the Website and the User to use the Website in accordance with the provisions of the General Terms and Conditions.
[No Fee on the Account Maintenance Agreement] Account Maintenance Agreement is free of charge.
[Term and Termination] Account Maintenance Agreement is concluded for indefinite period with the option of its termination with immediate effect at any time by way of sending an e-mail to the Administrator requesting deletion of the Account on the Website.
[Account Maintenance Agreement and Company Account Agreement] The Account Maintenance Agreement shall expire upon the conclusion of the Business Account Agreement in accordance with the provisions of the Business Conditions.
[Linking the Account] If the User has not created an Account using their Facebook account, they may later link their Account on the Website to the Facebook account.
[E-mail address] The User is obliged to use the e-mail address provided when setting up the Account or connecting it to the Facebook account, or indicated by the User in the Account panel when communicating with the Administrator.
[License to Use the Content] By posting any content on the Website or as part of the Account, including an image, the User is granting the Administrator a non-exclusive, unlimited in time and territory license to distribute such content on the Website, in social channels operated by the Administrator related to the Website and in the newsletter sent by the Administrator to its subscribers.
[Administrator’s Rights] The Administrator is entitled at any time to verify the data contained in the Account and to take any required actions in this respect, including to request additional data or statements. By the time the matter is clarified, the Administrator is entitled to block the User’s Account.
Room Booking Agreement
[Room Booking Agreement] Through the Website, the User may conclude a Room Booking Agreement with the Room Owner by virtue of which the Room Owner undertakes to make available to the User a Room on the date and at the time selected by the User and under the terms described in the Room Regulations (if the Room Owner has published those) and the User undertakes to pay the Room Owner remuneration, whereas the remuneration shall be payable in advance with the use of the Website mechanisms.
[Creating a Booking] In order to conclude a Room Reservation Agreement, the User must create and submit a reservation via the Website, accept the General Terms and Conditions of the Room to which the reservation relates and make the payment. Acceptance is voluntary, but necessary to conclude a Room Reservation Agreement.
The order may apply to Rooms, Vouchers or Games only for one selected country.
[Using a Voucher] To make the payment the User may also use a Voucher. Using the Voucher consists in entering its individual number and security code in the appropriate fields.
[Conclusion of the Room Booking Agreement] After making the payment, when the User is redirected to the Website with the order confirmation, the Room Booking Agreement is deemed concluded between the User and the Room Owner. If there have been several bookings in one order, as soon as the payment is made, there will be concluded as many Room Booking Agreements as there have been bookings in the order.
The User will receive confirmation of placing an order and confirmation of the conclusion of the Room Booking Agreement to their e-mail address.
[Performance of the Room Booking Agreement] The Room Booking Agreement will be performed by the Room Owner in accordance with the provisions of the Room Regulations. Any changes to the Room Booking Agreement, in particular regarding the performance deadline, require arrangements with the Room Owner.
[Room Booking Agreement and the Administrator] The Administrator is not a party to the Room Booking Agreement concluded by the User via the Website.
[Voucher] Through the Website the User may purchase a Voucher to be used as a means of payment when concluding a Room Booking Agreements via the Website.
[Form of the Voucher] The Administrator sells Vouchers in electronic form. The Voucher may also, at the User’s request, be printed and delivered to an indicated address.
[Voucher Prices] The price for the Voucher is gross price.
[Purchase of the Voucher] In order to purchase the Voucher the User is obliged to take steps indicated on the Website by the Administrator and accept the General Terms and Conditions – acceptance is voluntary, however necessary to purchase the Voucher or to conclude an agreement for printing and delivery of the Voucher to an indicated address.
[Conclusion of the Voucher Sales Agreement] A Voucher Purchase Agreement is concluded between the User and the Administrator upon making the payment. If the User has also ordered an additional service of printing and delivery of the Voucher to an indicated address, also an agreement for the implementation of this service is concluded between the User and the Administrator.
[Voucher Delivery] The Voucher in its electronic form will be delivered to the User immediately after making the payment by way of being sent to the e-mail address provided in the order form. Delivery of the Voucher in its electronic form is free of charge.
If the User has also ordered an additional service of printing and delivery of the Voucher to an indicated address, the printed Voucher will be delivered to the User in a manner selected from those indicated on the Website within 14 days of payment.
[Expiry Date] The Voucher’s expiry period is 3 (say: three) months and is counted from the moment of its purchase.
[Current Value] A Voucher may be used more than once until its nominal value is exhausted. Each time a User uses a Voucher, the used up amount is subtracted from the nominal value and the difference shall constitute the Current Value.
[Using the Voucher] The Voucher may be used for the duration of the time corresponding to its expiry date as of the date of conclusion of the Room Booking Agreement via the Website. The voucher cannot be used to pay for the Game. Only one voucher can be used for one order.
[No Voucher Exchange] It is not possible to exchange the Voucher for cash. Several Vouchers cannot be combined into one Voucher.
[Game] The User may purchase a Game via the Website.
[Purchase of the Game] In order to purchase a Game, the User is obliged to take steps indicated on the Website by the Administrator and accept the General Terms and Conditions – acceptance is voluntary, however necessary to purchase the Game.
[Conclusion of the Game Sales Agreement] Upon payment the Game Sales Agreement is concluded between the Administrator and the User.
[Game Delivery] The Game will be sent to the User in a manner of their choice to the address provided in the order form within 14 days of payment, at the latest.
In circumstances clearly specified by the Administrator, such as pre-sales, promotion or the sale, the Administrator may specify a different date for the delivery of the Game, which shall be clearly notified to the User.
Opinions and Rooms Rating
[Opinions and Ratings Regarding Rooms] A Registered User may add an opinion of and rate the Room.
[Reliable Opinion] The User who has concluded the Room Booking Agreement is entitled to add an opinion marked as “Reliable Opinion”.
[Private Message] The User may leave a private message to the Room Owner as part of their opinion. It will be visible only to the Room Owner who is the Administrator’s Partner within the meaning of the General Terms and Conditions for Business.
[Prohibitions] It is prohibited :
to add an opinion of a Room or rate it by Users who have used the Room free of charge, in particular as part of the so-called test game, based on the arrangements made prior to the visit to the Room. Such a prohibition shall not apply in a situation where the User has received from the Room Owner a payment refund under the Room Booking Agreement as a result of the User’s dissatisfaction with the visit to the Room.
to add an opinion of a Room or rate it by the Room Owner, its employees, contractors, contractors of agreements for the performance of specific work or by any other entities related to it, or providing services to it and by the relatives, acquaintances or friends.
to add an opinion that violates the law or decent conduct, and in particular unreliable, offensive, inciting aggression or hatred or discriminating opinion. Opinions that in particular do not bring any cognitive value or do not relate to any aspects of the game are considered unreliable opinions.
to disclose in the wording of the opinion details of the plot or elements of the Room (the so-called spoilers).
to include in the wording of the opinion any links to blogs, fanpages and any other websites.
[Administrator’s Rights] In the event the Administrator identifies violations of the prohibitions, referred to in point 48, the Administrator may:
verify the information contained in the opinion,
mark the opinion as a limited opinion which shall not be counted for the Ranking,
hide visibility of the opinion, modify its content or even delete it,
block the Account until the matter is resolved without notifying the User,
The Administrator may mark an opinion as archival if the opinion refers to the Room version prior to its reconstruction or prior to moving the Room scenario to another city.
A person for whom the circumstances referred to in point 48.2 above, after reporting this fact to the Administrator, he may add an assessment or opinion about the Room, except for the Room he visited at the time when these circumstances related to him. If it was a Company User, the opinion or assessment of the person referred to in this paragraph will not be taken into account by the algorithm on the basis of which the Ranking is created. If these are other persons mentioned in point 48.2, the possibility of issuing opinions by him will be disabled only in the city where the Company User room with which they were associated was operated.
Reporting violations and complaints
[Breach Notification] If the User finds that any content available on the Website violates their rights or interests, they may report this fact to the Administrator together with justification by way of using a breach notification form.
As far as opinions of the Rooms available on the Website are concerned, any violations should be reported via a “Report an Opinion” option appearing next to the given opinion for 30 days from the date of issue. The Administrator shall not accept notifications via e-mail, except for notifications that may lead to the disclosure of plot details or Room elements.
Notifications are available to the public, which means that both the content of the notification and the entire correspondence with the Administrator being the result of a notification are available to every user of the Website after clicking on a special link appearing next to the opinion as to which the notification has been reported.
It is unacceptable for the User to implement personal data other than their own in the content of a notification. If it is necessary to provide personal data other than the User’s personal data to report a violation, such data should be sent to the Administrator by the User in a separate e-mail message Notifications containing personal data other than the User’s data will be deleted.
A notification must plausibly demonstrate that the rights or interests of the User have been violated. The User must justify their notification by providing relevant facts or circumstances indicating the fact that their rights or interests have been violated. In particular, offensive or vulgar opinions about the User, their Room or their handling the Room are considered to be violating the User’s rights or interests.
The Administrator has 14 days from delivery of the notification for its consideration. The Administrator has no obligation to inform about the notification status.
[Complaints] The User may lodge complaints in connection with the use of the Website, conclusion or performance of the Account Maintenance Agreement or the Voucher or Game Purchase Agreement.
A complaint should include:
subject of the complaint,
circumstances justifying the complaint,
User’s request in connection with the complaint.
Complaints may be submitted in the form of e-mail messages to the Administrator’s e-mail address.
The Administrator will consider a complaint within 14 days of delivery of the complaint to the Administrator. It will notify the User about its decision made as a result of examining the complaint in the same manner in which the complaint has been sent to him.
[Applicable law and Polish jurisdiction] The Agreement is subject to the Polish law. The User and the Administrator will, in the first place, endeavor to amicable settle disputes arising from the use of the Website or the conclusion of an Account Maintenance Agreement, or a Voucher or Game Purchase Agreement. In the event the parties are unable to reach an agreement, the dispute will be settled by a competent common court in Poland. The User may also be entitled to particular rights arising from the provisions on the protection of consumer rights and other mandatory provisions of law, including the provisions applicable in the User’s country. The User, as a consumer, prior to filing a lawsuit with a competent court, shall have the right to lodge a complaint with one of the bodies authorized to resolve extrajudicial complaints and consumer disputes.
[Withdrawal from the contract by the Consumer] The consumer has the right to withdraw from the concluded Voucher Purchase Agreement or the Game Purchase Agreement without giving any reason within 14 days from the date of delivery of the Voucher or Game. The declaration of withdrawal may be submitted by the Consumer to the Administrator in any way to the correspondence address or e-mail address of the Administrator before the deadline to withdraw from the contract. In the event of withdrawal, the parties shall immediately refund each other, but not later than within 14 days of the withdrawal, mutual benefits at no additional cost. The consumer bears the direct cost of returning the Game. The reimbursement of the payment to the Consumer will be made using the same form of payment that the Consumer paid through.
[Settlement of disputes] The consumer has the option of using out-of-court complaint and redress procedures. The consumer may also use the Online Dispute Resolution (ODR) platform.
[Consumer rights] The consumer may also have certain rights under the provisions of the protection of consumer rights.
[Limitation of Liability] Subject to mandatory provisions and the provisions on consumers, to the extent permissible by the applicable provisions of law, the Administrator’s liability for:
any damage caused to third parties as a result of using the Website by Users in a manner contrary to the General Terms and Conditions or the provisions of law,
for the content posted by Users through the Website and violating the law or third party rights protected by law,
the manner of use of the content posted by Users on the Website by entities other than the Administrator,
the User’s loss of data caused by external factors or other circumstances beyond the control of the Administrator,
unavailability of the Website due to reasons attributable to entities other than the User,
interruptions in access to the Website caused by the necessity to remove failures, test hardware and software, the necessity to carry out maintenance,
damages incurred by Users caused by incorrect recording or reading of information,
technical problems associated with the use of the Website due to causes beyond the control of the Website, including those caused by the act of force majeure or malfunctioning of the Internet,is excluded.
[Applicability of the General Terms and Conditions] The administrator may define other provisions in the form of an attachment to the General Terms for a given country in the scope regulated by the General Terms. If the provisions of the General Terms and Conditions conflict with the provisions of the appendix, the provisions of the General Terms and Conditions shall prevail.
[Amendment to the General Terms and Conditions] The Administrator, due to material reasons, reserves the right to amend the General Terms and Conditions. Material reasons justifying amendment to the General Terms and Conditions include, in particular, an amendment to the provisions of generally applicable provisions of law, organizational changes on the part of the Administrator, extension of services rendered by the Administrator, no further possibility to provide services by the Administrator under current conditions, necessity to adapt the General Terms and Conditions to unfair practices of Users aiming at circumventing the prohibitions provided for in the General Terms and Conditions. The Administrator shall notify the Users about the new wording of the General Terms and Conditions electronically via the notifications function on the User’s Account available after logging on. In the absence of acceptance of the wording of the new General Terms and Conditions, the User has the right to terminate the Account Maintenance Agreement by way of submitting to the Administrator a declaration of intent regarding deletion of the Account.
[Entry into Force of the General Terms and Conditions] General Terms and Conditions shall enter into force on the date of publication on the Website.
from the Website applicable in the territory of the Republic of Poland
[Definitions] The following terms are understood as meaning:
Game Master - an employee or associate of the Corporate User, who deals with the organization, narration and supervision of the proper course of the game taking place in the Room;
[Validity of the Annex] The Annex is valid on the territory of the Republic of Poland.
[Scope of changes introduced by the Annex] In the scope specified below, the Annex introduces the following changes to the General Terms and Conditions:
To review the rooms, the user must have an account linked to his Facebook account.
The User's data contained in the Facebook account that linked the Account on the Website with the Facebook account within the meaning of point 17. must be consistent with the data contained in the Account, in particular with regard to the image, name and surname. The data contained in the accounts must enable the user to be identified by name, surname and photo.
A User who has an Account on the Website may add an opinion about the Room and evaluate it within 90 days of using the Room,
the provisions of point 48.2. also apply to relatives of the Game Master, unless adding an opinion about the Room or evaluating it concerns a Room located in a location other than the current or previous place of employment or cooperation of the Game Master;
the provisions of point 51 shall apply mutatis mutandis to the relatives of the Game Master and Game Master.
[Unregulated matters] In matters not covered by the Annex, the provisions of the General Terms and Conditions shall apply accordingly. In the event of a conflict between the provisions of the General Terms and the provisions of the Annex, the provisions of the General Terms shall apply.