Onigo Service Terms
This agreement applies as between you, the User of Onigo Services, and FRUK Life Ltd (t/a Onigo). Your agreement to comply with and be bound by these terms is deemed to occur upon your first use of Onigo Services. If you do not agree to be bound by these terms, you should stop using Onigo Services immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Onigo” means FRUK Life Ltd (t/a Onigo), Office Gold, Building 3 Chiswick Park, 566 Chiswick High Road, London W4 5YA;
“Service” / "Services" / "Event" / "Events" Onigo offers events to its customers. Onigo provides the services as either virtual events (“Online Events”) or in-person events (“Physical Events”) and includes use of the Onigo App;
“Onigo App” means the app associated with Onigo Physical Events;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer, mobile phone or tablet that appears on or forms part of the Onigo Service; and
“User” / “Users” / "You" means any third party that accesses the Onigo App and is not employed by Onigo and acting in the course of their employment.
2. Intellectual Property
2.1 All Content included on the Onigo App, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Onigo, our affiliates or other relevant third parties. By continuing to use the Onigo App you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Onigo App unless otherwise indicated on the app or unless given express written permission to do so by Onigo.
2.3 Material from the Onigo App may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Customer Obligations and Liability
3.1 Your safety is very important to us and in order to make sure you’re safe, we ask you to help us out by following the rules set out in this clause 3.
3.2 When you are participating in a Physical Event, you are responsible for following all health and safety rules given to you by Onigo. Please take all necessary precautions when participating, including using common sense and considering things such as being careful when crossing the road, and ensuring you are aware of your surroundings at all times.
3.3 Notwithstanding the terms contained within this clause 3, as part of the Physical Event, you will be directed to different outdoor locations. When participants are travelling to different locations, you are responsible for your own health and safety and should remain alert and vigilant at all time and follow applicable road safety rules. Onigo will not be liable for any trips, slips or falls that should occur during the circumstances noted in this clause 3.3.
3.4 We will not be liable to you or any third party for direct, indirect, special, or consequential loss resulting from this contract or participation of our Events, including but not limited to, any personal or equipment damage caused by not following the rules set out before the Event, where you suffer from a health issue during an Event, or where there is an accident, or you do not take proper care when participating in the Event.
3.5 You are responsible for ensuring that you are appropriately dressed to take part in a Physical Event.
3.6 We understand you want to have fun, however, participants under the influence of alcohol or drugs will not be admitted to a Physical Event and Onigo will not be liable for any refund of such Event to the User.
3.7 Participants must adhere to any and all applicable Covid-19 rules and regulations in force at the time of these Terms and Conditions. Participants displaying Covid-19 symptoms will not be admitted to a Physical Event.
3.8 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
3.9 Our liability under these Terms and Conditions shall be limited to £2,000,000.
3.10 In the event of an act of God, natural disaster, earthquake, storm, bad weather, fire, hurricane, government rule or regulation being imposed, strike or other industrial action, or any other matter that arises outside of our control, we shall not be obliged to provide the Event on the date and time set out above, and we shall not be liable for any such failure. In such circumstances, we will do our best to provide you with an alternative date and/or time and rearrange your booking accordingly.
4. Privacy
Use of the Onigo App is also governed by our Privacy Notice which is incorporated into these terms by this reference.
5. Disclaimers
5.1 Onigo makes no warranty or representation that the Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
5.3 Whilst Onigo uses reasonable endeavours to ensure that the Onigo App is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers/mobile phones/tablets.
6. Availability of the Service and Modifications
6.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
6.2 Onigo accepts no liability for any disruption or non-availability of the Onigo App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, legal restrictions and censorship.
6.3 Onigo reserves the right to alter, suspend or discontinue any part (or the whole of) the Onigo App including, but not limited to, the events and/or services available. These terms shall continue to apply to any modified version of the Service unless it is expressly stated otherwise.
7. No Waiver
In the event that any party to these terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
8. Previous Terms
In the event of any conflict between these terms and any prior versions thereof, the provisions of these terms shall prevail unless it is expressly stated otherwise.
9. Third Party Rights
Nothing in these terms shall confer any rights upon any third party. The agreement created by these terms is between you and Onigo.
10. Communications
10.1 All notices/communications shall be sent to us either by post to our Premises (see address below) or by email to hello@playonigo.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
10.2 Onigo may from time to time send you information about our events and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
11. Law and Jurisdiction
These terms and the relationship between you and Onigo shall be governed by and construed in accordance with the Law of England and Wales and Onigo and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
FRUK Life Ltd (t/a Onigo)
Office Gold
Building 3 Chiswick Park
566 Chiswick High Road
London W4 5YA
Last updated: 21 March 2022
