Terms & Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you. Nothing in these terms shall affect your statutory legal rights.
1.2 What we mean
“AVR” is the company ATMOS VR LTD trading as IN A BOX, IN A BOX, IN A BOX
“Booking” is a timed booking request for you and your group to visit the In A Box 3 venue to participate in the experience
“Confirmed Booking” is the completed and paid for booking for a specific time as communicated by ATMOS VR LTD which forms the sale contract
“Experience” is the VR experience within the Venue
“Experience Images” are the images captured during your experience for you or your group to purchase as a memento of your visit
“Named Experience” is the specific identity of the VR experience
“Participants” are the persons participating in the VR experience
“Venue” is the area inside the premises where we deliver services including the VR experience, hospitality services and customer facilities
“Writing” means hard copy letter or emails and attachments. When we use the words “writing” or “written” in these terms, this includes emails
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.4 These terms apply to you as the person placing the booking and all others in your group paid for under the booking. Where the term “You” is used this could mean any persons in your group.
1.5 Please note that, if you are making the booking on behalf of others in your group, it is your responsibility to ensure that all additional participants agree to these terms and are in receipt of all relevant information relating to the booking. ATMOS VR LTD shall not be responsible if members of your group are unable to participate in the Experience as a result of you failing to provide them with all the relevant information.
2. Information about us and how to contact us
2.1 Who we are. We are ATMOS VR LTD (“AVR”) a company registered in England and Wales. Our company registration number is 10310870 and our registered office is at C1 Block 3, 86-90 Floodgate Street, Digbeth, Birmingham B5 5SR.
2.2 How to contact us. You can contact us by writing to us at [email protected] or at the above address.
2.3 How we may contact you. If we have to contact you we will do so by telephone, SMS or by writing to you at the email address or postal address you provided to us in your booking.
3. Our contract with you
3.1 How we will accept your booking. Our acceptance of your booking will take place when we have received your payment and have confirmed your booking by email.
3.2 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for the services.
4. The Experience
4.1 We will deliver the Experience to you at IN A BOX IN A BOX IN A BOX, 91 Floodgate Street, Digbeth, Birmingham B5 5SR (the “Venue”) on the date specified in the booking confirmation email that we sent you.
4.2 Before participation in the Experience you and each person in your group will be required to complete and sign a liability waiver and indemnity which includes our health and safety notification and a link to these terms and conditions. If you or any of your group do not complete and sign the
liability and indemnity waiver you will not be permitted to participate in the Experience and shall not be due any refund.
4.3 You acknowledge that it is your responsibility to contact us regarding the suitability of the Experience in respect of any health or disability issues that you may be concerned about.
4.4 AVR reserve the right to refuse entry to or remove any person from the Venue for failure to comply with any of these Terms and Conditions.
5. Our rights to make changes
5.1 Minor changes to the Experience. We may change the Experience:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
6. Providing the Experience
6.1 We are not responsible for delays outside our control. If our performance of the Experience is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be
liable for delays caused by the event. If there is a substantial delay you may contact us to either re-book another time or to end the contract and request a refund for any services you have paid for but not received.
6.2 Reasons we may suspend the Experience. We will endeavour to contact you in advance to tell youwe will be suspending the Experience, however this may not always be possible if the reason is due to an unexpected incident, emergency or operational problem.
We may have to suspend the Experience to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) deal with an incident or an emergency.
6.3 Your rights if we suspend the Experience. You may contact us to rebook an alternative time to visit;
if an alternative time cannot be agreed then you may request a refund.
7. Your obligations
7.1 You agree to co-operate with us in all matters relating to the Experience.
7.2 The minimum age for participation in the Experience is 14 years old. If you are under 18 years old, a parent or guardian must be present either participating in the Experience with you or waiting in the Venue: they must remain inside the Venue at all times. One parent or guardian is required per group where there is a participant under 18. You acknowledge that you and any persons in your group may be asked to provide photo identification for proof of age before being able to participate.
7.3 Non- ticket holders who are 13 and over are welcome to visit the bar area. Those who are under the age of 15 will need to be accompanied by a parent or guardian aged 18 or over. We will operate the Challenge 25 scheme and proof of ID may be required when ordering alcoholic beverages.
Failure to produce a valid ID will result in service being refused.
7.4 Offensive, irresponsible, or unsafe behaviour, theft or vandalism, will not be tolerated and you and anyone in your group will forfeit any payments already made to AVR and be requested to leave the Venue.
7.5 We may ask you and all persons in your group to leave the Venue should you or anyone in your group either are or become intoxicated or behave in an aggressive, abusive or threatening way towards either AVR staff or any other customers.
7.6 You must follow all written and verbal instructions and warnings provided by staff members. These include all safety directions, Venue and Experience rules. Failure to comply with such directions shall entitle AVR to remove you and your group from the Venue.
7.7 We may ask you or any persons in your group to exit the VR Experience if the AVR staff judge thatyou are not following the Experience Rules or you may endanger yourself or others or are mistreating AVR property in any way. In such instances AVR will not be liable to reimburse or
recompense you or persons asked to leave.
7.8 AVR retains the right to refuse admission to the Venue or Experience if the supervisory team believe you are unduly under the influence of alcohol or drugs.
7.9 All persons are required to comply with COVID-19 measures in force at the Venue and as set out on any signage or information within the Venue.
7.10 AVR has the right to carry out temperature checks and other tests in order to minimise the spread of COVID-19 on arrival at the Venue and has the right to refuse you and any of your party entry if you or they are showing COVID-19 symptoms or indications.
7.11 Should you or any of your party be suffering from COVID-19 symptoms or have been diagnosed with COVID-19 within 14 days prior to the booking date, you and/or they should not attend site and should contact the Venue by email by 5pm on the day prior to the booking at [email protected] to rearrange the Experience.
7.12 You agree to indemnify and hold harmless AVR from any costs, expenses, loss, liability, damages or costs that may arise as the result of or in connection with contracting the COVID-19 virus or variants thereof whilst at or in contact with anyone at the Venue.
7.13 You are liable for the costs of any and all damage caused by you or persons included in your booking, such as damage to the Venue, VR headsets, headphones, controllers, PCs, sensors and LED Screens. In the event of such damage, you are responsible to reimburse AVR for the replacement cost or for the reasonable cost of repair of such property.
7.14 You are responsible for your own personal property and the property of those persons under your care or supervision whilst visiting the Venue.
8. Your rights to end the contract
8.1 You can always end the contract before the Experience has been supplied. You may contact us at any time to end the contract for the Experience but subject to clause 8.2 we will not pay you a refund on cancellation.
8.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out below, the contract will end immediately and you will be offered an opportunity to re-book another time. If this cannot be agreed we will refund you in full for any
services which have not been provided or have not been properly provided. The relevant reasons are:
(a) AVR cannot offer you the Named Experience for which you have a Confirmed Booking;
(b) You have been notified that the Experience is unable to be offered to you within a reasonable time of your booked time for operational or other reasons;
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time without recompense or liability to you or anyone in your group if:
(a) You or persons in your group are in breach of your obligations under these terms and conditions;
(b) You or persons in your group do not complete and sign the liability waiver and indemnity form and in so doing acknowledge the health and safety notification as referred to in clause 4.2;
(c) if, in the opinion of any of AVR’s staff, you or any persons in your group are intoxicated or are behaving in an aggressive, abusive or threatening way towards either AVR staff or any other customers;
(d) you or anyone in your group do not follow the Venue and Experience rules; or
(e) you or anyone in your group fail to follow any safety directions or Experience instructions.
10. If there is a problem with the Experience
10.1 If you have any questions or complaints about the services, please contact us. You can contact us by emailing [email protected] We are under a legal duty to supply the Experience in conformity with the terms of this contract.
10.2 During your Participation, if the Experience is subject to significant technical faults (such that you are prevented from being able to complete the Experience, or your Experience is significantly impaired) you may ask to participate in the Experience again on a different date or you may request a refund.
11. Price and payment
11.1 The price of the booking (which includes VAT) will be the price set out on the booking and payment page of our website in force at the date of your booking unless we have agreed another price in writing.
11.2 Changes in the rate of VAT. All prices quoted in our brochures, by telephone or on our website include VAT. If the VAT rates change, we reserve the right to change our prices accordingly. If you have already paid before any changes occur then the price will remain as detailed on your Confirmed Booking.
11.3 Once your payment has been processed, we will send you an email confirming how much you have paid.
11.4 We accept payment by Visa, Mastercard, credit and debit cards. Payment must be at the time of booking, and we will not accept your booking unless it has been paid for in full.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
12.3 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Subject to clause 12.2 our total liability to you, howsoever arising under or in connection with the
contract, shall be limited to 100 per cent of the price paid or payable by you under the contract.
13. How we respect your privacy and may use your personal information
13.1 AtmosVR complies with the Data Protection Act 2018 and General Data Protection Regulation ((EU)2016/6979) and
Undertakes to keep any customer data secure at all times
will comply with any written customer requests to securely delete individual data from the management database will only give your personal information to third parties where the law either requires or allows us to do so.
13.2 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services, complete or communicate with you about your booking, using emails or telephone; and
(b) process your payment for such services, holding any credit or bank card details only for the duration of your Booking or should a security deposit be levied for any reason for the duration of the use of the equipment used in the Experience; and
(c) if you agreed to this during the Booking process, to inform you about similar products that we provide, promotional offers, discounts and events; and you may stop receiving these communications at any time by contacting us;
(d) compile customer data for the sole purposes of management forecasting or management planning in relation to the business and such data will be securely deleted
at the time when the data is no longer needed.
13.3 CCTV cameras are used to assist in the proper running of the Venue and the Experience, CCTV and other audio and visual recordings may also be undertaken for security reasons, by accepting these terms and conditions, you agree that AVR may use such images for the purposes of maintaining
13.4 You grant permission for us and our photography partner to capture Experience Images of you and your group during your Experience for the purposes of creating a lasting memory for you to purchase and own. You have the right to opt out of the Experience Image capture process. We will
securely store Experience Images for you locally at the attraction for a period of 2 weeks then and safely on a dedicated cloud server for a period of 60 days. After this your Experience Images are automatically electronically deleted.
13.5 The use of Experience Images by us for the purpose of illustration, promotion, advertising or similar by AVR will require your consent.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in
either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.