1 Your Agreement
1.1 This website (“Website”) is operated by Next Gen Themepark (1U) Sdn Bhd (“Game On”). Please read these terms of use (“this Terms of Use”) carefully before using this Website and the services offered by Game On, its specified affiliated companies (together, “Game On”) or the third-party operators (the “Operator”) through this Website (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website and (2) persons for whom you make a purchase of the Services.
2 Change of Terms of Use
2.1 Website Modifications
2.1.1 Game On reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Game On changes or modifies this Terms of Use, Game On will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
2.1.2 Your continued use of this Website after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this Website and/or the Services. It is your responsibility to regularly check this Website to ascertain if there are any changes to this Terms of Use and to review such changes.
2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Game On from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms Use of was last revised.
3 Access and Use of the Service
3.1 Ownership of Content
3.1.1 This Website, the domain name (www.Game On-asia.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Game On in connection therewith are owned and operated by Game On.
3.2 Provision and Accessibility of Services
3.21.1 Subject to this Terms of Use, Game On may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on this Website. The Services that have been selected by you on this Website are solely for your own use, and not for the use or benefit of any third party. The term “Services” includes but is not limited to the use of this Website, any Services offered by Game On by itself or on behalf of the Operators on this Website. Game On may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Game On may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or
liability.
3.2.2 Game On does not guarantee that the Services will always be available or uninterrupted. Game On will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
3.2.3 If you link any URL to this Website, Game On may revoke your rights to so link at any time, at Game On’s sole discretion. Game On reserves the right to require prior written consent before linking to this Website.
4 Website and Content
4.1 Use of the Content
4.1.1 All materials displayed or performed on this Website including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
4.1.2 If Game On agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. Game On may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 Game On’s Liability for the Website and Content
4.2.1 Game On cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. Game On cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2Under no circumstances will Game On be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
5 Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of this Website belong to Game On or have been licensed to Game On for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:
(a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part;
(b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and
(c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Game On or from the copyright holder identified in such Contents copyright notice.
6 User Submissions
6.1 Uploading of Information
6.1.1 In the course of accessing this Website or using the Services, you may provide information which may be used by Game On and/or the Operators in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Game On and/or the Operators in connection with the Services (“User Submissions”):
(a) You hereby grant to Game On and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and Game On’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels;
(b) You agree and authorize Game On to use your personal data in accordance with the Privacy Policy in effect from time to time;
(c) You hereby grant each user of this Website a non-exclusive license to access your User Submissions through this Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website and under this Terms of Use;
(d) You acknowledge and agree that Game On retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Game On does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing;
(e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and
(f) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that Game On will not be liable for any errors or omissions in any content.
7 Users Representations, Warranties and Undertakings
7.1 Use of this Website and the Services
7.1.1 You represent, warrant and undertake to Game On that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that:
(a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or
(b) Violates any law, statute, ordinance or regulation; or
(c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or
(d) Involves commercial activities and/or sales without Klook’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Game On; or
(f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
7.2.1 Game On reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Game On is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Website. You represent, warrant and undertake to Game On that:
(a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Game On to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by this Website and this Terms of Use; and
(b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Game On’s use of the User Submissions, or any portion thereof, on or through this Website and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
7.3.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Game On that you shall not:
(a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or
(b) sell or resell any products, services or reservation obtained from or via this Website or Mobile Application;
(c) use this Website or Mobile Application for commericial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand;
(d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or
(e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or
(f) Run maillist, listserv, or any other form of auto-responder, or “spam” on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or
(g) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of this Website; or
(h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
8 Registration and Security
8.1 In the course of using the Services, you may be required to open and maintain an account with Game On (“Game On Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with Game On and select a password and user name (“Game On User ID”). If you are accessing the Services through a Third Party Website or service, Game On may require that your Game On User ID be the same as your user name for such Third Party Website or service.
8.2.2 You shall provide Game On with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Game On Account.
8.2.3 You represent that you shall not:
(a) Select or use as a Game On User ID a name of another person with the intent to impersonate that person; or
(b) Use as a Game On User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 Game On reserves the right to refuse registration of or to cancel a Game On Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9 Booking Confirmation, Tickets, Vouchers, Fees and Payment
9.1 Booking Confirmation
9.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Website is solely for reference only. Actual time required for confirmation may vary.
9.2 Additional Charges
9.2.1 Game On reserves the right to require payment of fees or charges for any Services offered by Game On. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.
9.3 Modifications to Charges
9.3.1 Game On reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use, or continued use, of the Services offered by Game On following such notification constitutes your acceptance of any new or revised fees or charges.
9.4 Game On’s Rights and Obligation
9.4.1 Game On reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Game On’s sole discretion.
9.4.2 Game On intends to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
10 Indemnity
10.1 In consideration for being permitted by Game On to use the Game On Theme Park (“Themepark”) property, facilities and services and the related activities conducted by Game On and at Game On Theme Park’s property (the services and facilities provided include, but are not limited to, trampolining, basketball, climbing walls, Ninja Challenge, futsal court, Imagination Playland and other sporting and recreational activities (collectively referred to as “Services and Facilities”).
10.2 Assumption of Risk: You understand and acknowledge that there are inherent risks associated with the
Service and Facilities and these risks include but are not limited to:
(a) minor injuries such as cuts and bruises, sprains and muscle strains;
(b) broken bones, joint injuries, concussion, head and neck injuries;
(c) injuries resulting from flips or bodily contact with other participants;
(d) eye injuries, spinal injuries resulting in paralysis and/or death;
(e) injuries resulting from use or misuse of equipment in any way;
(f) use of equipment that malfunctions or breaks; and
(g) improper maintenance of the facility and equipment.
10.3 For your own safety and the safety of other participants and to avoid any untoward injury to myself, you will comply with all notices and all directions, instructions or requests that may be posted, given or made by Game On floor staff. You also agree to assume all risks of personal injury, death, theft or loss or damage of property arising out of my own negligence, acts, omission, conduct or behavior whilst participating in the Service and Facilities.
10.4 You understand and acknowledge that Game On reserves the right to deny admission or to require a person already admitted to leave the premises without refund or compensation, for failure to comply with any of Game On’s notices, directions, instructions or requests, for unsafe, illegal or offensive behavior, to ensure the safety, security or order at Game On, or if Game On considers that the circumstances so require.
10.5 Children must be at least 3 years of age to use the Service and Facilities at Game On, and when less than 12 years of age, be supervised by their parents. 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.
10.6 You hereby waive, release and discharge Game On and its affiliates, directors, shareholders, all employees of Game On and all third-party agents and contractors engaged by Game On, the property owner and its tenants from any and all liability, for any negligence, personal injury, death, theft or loss or damage of property suffered by you, arising from the acts or omission of the aforesaid entities or persons. This release is binding on my personal representatives, executors, heirs and estates and the personal representatives, executors, heirs and estates of any child/minor.
10.7 You agree to indemnify and hold harmless Game On and its affiliates, directors, shareholders, all employees of Game On and all third party contractors engaged by Game On, the property owner and its tenants against all and any losses, claims, proceedings, damages, liabilities, whether joint or several, costs and expenses including reasonable legal fees as a result of my own negligence, omission, act, conduct or behavior whilst participating in the Service and Facilities or arising in connection with or as a result of me (or anyone on your behalf) making a claim against Game On despite the waiver, release and discharge you have given above.
10.8 You declare that you are physically fit and know of no medical condition which would prevent you or any child/minor for whom I am responsible and, on whose behalf, you are signing this release from participating in the Service and Facilities. You hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness resulting from participating in the Service and Facilities. You confirm that you have medical insurance to cover any injury or damage that You or any such child may incur or suffer while participating in the Service and Facilities, failing which you agree that all medical costs to cover the aforesaid injury or damage will be borne wholly by yourself.
10.9 You understand that photographs, film, video or recording may be taken of you and you hereby agree to allow the same to be used by Game On for any purpose in connection with the activities at Game On and you acknowledge and agree that no payment of any kind will be paid to you and that all photos, film, videos and recordings are exclusively owned by Game On.
10.10 You hereby acknowledge the contagious nature of the Coronavirus/COVID-19 and that the Ministry of Health Malaysia (MOH) and many other public health authorities still recommend practicing social distancing. Any untoward exposure of COVID-19 will not be borne by Game On.