PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING OR USING ANY OF OUR SERVICES, VISITING OUR PREMISES AND USING OUR WEBSITE.
The terms and conditions are written in as clear a way as possible, but if you have any questions or if there is anything you don't understand please let us know using the contact details at 2.2.
Last updated: 27 May 2021
1. THESE TERMS
1.2 Why you should read them. Please read these terms carefully before: (i) you submit you order to us, if you are booking a game; and (ii) before you start your game. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us.
1.3 By using our website, premises and any of our facilities you confirm that you accept these terms and that you agree to comply with them. So if you do not agree to these terms, you must not use our website, premises and any of our facilities.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are TOCA Social UK Limited (a company registered in England and Wales, company registration number 12620358, registered office at 240 High Holborn, London, England, WC1V 7DN and registered VAT number GB364711594), our website is https://toca.social, and 'we', 'us', 'our' in these terms means us.
2.2 How to contact us. You can contact us through our customer service team here, by calling us at 0330 331 4800 or by writing to us at firstname.lastname@example.org or at TOCA Social, 240 High Holborn, London, England, WC1V 7DN.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms it includes emails.
3. BOOKING A GAME
3.1 How we will accept your order. Our acceptance of your order for a game will take place when we issue a booking confirmation to you in writing (that is the point a contract between you and us comes into existence). These terms and conditions apply to your booking however you make it with us, including in person, online or over the telephone. You will be given a booking reference number when we accept your order. It helps us if you tell us the booking reference number whenever you contact us about your booking.
3.2 If we are unable to accept your request to book (for example if we're fully booked at the time that you would like to play or because we have identified an error in the price or description of the services), we won’t send you a booking confirmation and will inform you that your order couldn’t be accepted. We won't charge you where you don’t receive the services. We recommend that you book in advance where you can, as whilst we welcome walk-ins, we might not be able to accommodate you and your party at our premises if we are fully booked and/or at capacity. Even if we can’t accommodate you at one of our game boxes we may still be able to welcome you to other areas of our premises. We make no guarantee about the availability of our services or our premises.
4. YOUR ACCOUNT AND REGISTRATION
You may be required to register for an account if you are booking a game at our premises. If so, you must keep your login details including your password confidential and you must not disclose it to anyone else. We will provide more details about setting up an account in our FAQs.
5. OUR SERVICES
5.1 Services may vary slightly from their description or pictures. The description, images or videos of the services on our Technology and our marketing including on social media are for illustrative purposes only. Although we have made every effort to describe and display them accurately, we cannot guarantee that the service that will be made available to you will entirely match how we describe them and they may vary slightly from those descriptions, images or videos.
5.2 The content on our Technology is provided for general information only. It is not advice for you to rely upon and you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Technology or using our services. Please see section 15 (Health and Safety) for information about your safety when at our premises.
5.3 Although we make reasonable efforts to update the information on our Technology, we make no representations, warranties or guarantees, whether express or implied, that the content on our Technology is accurate, complete or up to date.
6. PROVIDING THE SERVICES
6.1 We will supply the services to you on the date and at the time set out in the booking confirmation until we have completed the services. The estimated duration for the services is as stated on the booking acknowledgement.
6.2 You are responsible for ensuring that everyone in your group who accesses our services is aware of, and complies with, these terms and any other applicable terms and conditions in force from time to time.
6.3 We are not responsible for delays outside our control. If our performance of the services is affected by an something that happens 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 occurrence, but if there is a risk of substantial delay you may contact us to cancel a booking and receive a refund for any services you have paid for but not received.
6.4 We will need certain information from you so that we can provide the services to you, for example, your name, email address, telephone number, date of birth and your response to our requests to collect and use your data (see section 17 below relating to use of your data). More details are provided on our Technology. You will be asked to provide this information at the time of booking and/or when you check-in at our premises using our terminals. If you do not within a reasonable time of us asking for it provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see section 13) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 On occasion, we may have to suspend the services or our Technology, for example to address users' needs. Other reasons include to: (i) deal with technical problems or make minor technical changes; (ii) implement improvements; or (iii) update the services to reflect changes in relevant laws and regulatory requirements, so please check when booking that the services that you want to book are available.
6.6 If you have a booking at the same time as a suspension, we will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services we will try our best to offer you an alternative time or day to play the game, but if that is not possible we will provide you with a refund.
6.7 If you do not pay us for the services when you are supposed to (see paragraph 10.4) and you still don't pay when we remind you that payment is due, we may cancel your booking and we will notify you of the cancellation. We may also charge you interest (at an amount that is reasonable in the circumstances) on your overdue payments.
7. EACH PARTY'S RIGHTS TO MAKE CHANGES
7.1 If you wish to make a change to the services you have ordered please contact us and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the change isn't possible (for example, if your box is at capacity so it is not possible to add players to your booking), your booking will remain as stated in the booking confirmation. Please see your rights to cancel at section 11 below.
7.2 We may change the services, including our Technology, and these terms from time to time: (i) to reflect changes in relevant laws and regulatory requirements; and (ii) to implement minor technical adjustments and improvements, for example to address users’ needs. Every time you wish to use our Technology, premises or any of our facilities, please check these terms to ensure you understand the terms that apply at that time. These are our current terms and no other terms are implied. These terms were last updated on the date at the top of the document.
7.3 More significant changes to the services, including our Technology, and these terms. From time to time, we may need make more significant changes to these terms or the services, but if we do so we will notify you (by contacting you at the details on any account that you have with us, or at the details that you provide when you made your booking) and you may then contact us to end any contract and receive a full refund before the changes take effect.
8. YOUR RESPONSIBILITIES
8.1 When at our premises, you must comply with any policies and procedures that are in place from time to time, including our Game Rules which are displayed around our premises. See Health and Safety (section 15) below for more information. We will provide copies of our policies, procedures and our Game Rules on our website for you.
8.2 We welcome people under the age of 18 years old to our premises, provided that they are accompanied by an adult aged at least 18 years old and that adult is responsible for the group during their visit. After 4 pm we are an over-18s premises. All people under the age of 18 years old must vacate our premises by 4 pm, or such earlier time as may be notified to the group by our colleagues. When making a booking, you will be required to provide your date of birth and if you are booking a game any time after 2.30 pm you must confirm that all of your group are aged over 18 years old.
8.3 When you arrive for a game at one of our boxes, you must use one of our terminals to confirm that you agree to comply with these terms and conditions and any rules, policies and procedures that are in force. You should arrive at our premises at least 15 minutes before your scheduled kick-off time. Please contact us (using the details at paragraph 2.2) if you are going to be late and we will let you know your options. If you are not ready to play at your scheduled kick-off time, we may need to rearrange your booking to another time or date.
8.4 We will send you a message (to your mobile phone) when your box is ready for you to play so please look for our messages. We may also display your name on screens around our premises, when your box is ready. You are responsible for ensuring that you and your team are ready to kick off at the scheduled start time. We cannot guarantee that you will be able to play if you miss any messages from us and/or your start time.
8.7 When we consider that your behaviour, or the behaviour of a person for whom you are the responsible adult, has fallen below the standards that we expect and/or if it is in breach of our terms, policies, procedures and requirements, including our Game Rules, we may take such action as we deem appropriate. Our action may include taking all or any of the following: (i) immediate, temporary or permanent withdrawal of your right to use any of our services, premises, our Technology and our facilities; (ii) legal proceedings against you for reimbursement of all costs and expenses which arise due to your breach of our terms, policies, procedures and requirements; (iii) further legal action against you; and/or (iv) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. We reserve the right to refuse service, including food and drinks, to anyone or any group if their behaviour falls below the standards we expect of our guests.
8.8 We exclude our liability for all action we may take in response to breaches by you of terms, rules, policies, procedures and requirements. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
9. OUR TECHNOLOGY
9.1 Our Technology (but not our services) is made available free of charge and we do not guarantee that any of them, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Technology for business and operational reasons and we will try to give you reasonable notice of any suspension or withdrawal (for example an alert may appear on our website or terminal telling you about the suspension of service).
9.2 We are not responsible for any websites that we link to so where our Technology contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over, nor have we approved (unless we expressly say that we have approved), the contents of those websites or resources.
9.3 You should act responsibly when deciding what is appropriate to post/upload to our Technology, including player names and nicknames. You may be able to add information to our Technology, for example setting up player profiles (including names/nicknames) and your scores may appear on leader boards. The information and the content, including names/nicknames that you may add have not been verified or approved by us. The views expressed by you and other users on our Technology do not represent our views or values. If you wish to complain about content, including names/nicknames, uploaded by other users, please contact us. We have the right to remove any posting you make on our Technology if, in our opinion, your post does not comply with our expectations or standards, including if we think the content is offensive in any way.
9.4 We are not responsible for viruses and we do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
9.5 You agree: (i) not to reproduce, duplicate, copy or re-sell any part of our Technology in breach of these terms and conditions; (ii) not to access or interfere with, damage or disrupt any part of our Technology; (iii) not to misuse our Technology, including but not limited to by knowingly introducing viruses or any material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to any of our Technology. References to our Technology here includes the software, systems and hardware that underpins our Technology.
9.6 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.
10. PRICE AND PAYMENT
10.1 The price of the services (which includes VAT) will be as set out in our price list in force at the date of your booking (please refer to our Technology for details), unless we have agreed another price in writing. We may, at our discretion, offer discounts or promotional offers from time to time – please see our Technology for details. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see paragraph 10.3 for what happens if we discover an error in the price of the services you are booking.
10.2 If the rate of VAT changes between your booking date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the VAT rate change takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the service at your order date is more or less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
10.4 You are required to pay for the game and/or a box at the point that you place your order, unless you are booking an Event in which case see section 12 below. You may pay for food and beverages at the point that you order them, or we may invite you to set up a tab which you can pay for at the end of your visit to our premises. We accept payment with credit and debit card, and any other methods identified on our Technology from time to time. We are a cashless venue.
10.5 If you think your receipt is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. YOUR RIGHTS TO END THE CONTRACT
11.1 Generally, you are able to cancel your game 48 hours before the scheduled start time and get a full refund from us.
11.2 However, in December, as this is our busiest time, cancellations must be at least 14 days before the scheduled start time in order for you to get a full refund from us.
11.3 To cancel a booking please contact us as soon as possible using any of the methods outlined at 2.2. Wherever possible we will try to rearrange your booking to another time or day; otherwise we will offer you a full refund.
11.4 If you cancel less than 48 hours before your scheduled start time, or less than 14 days before the scheduled start time in December, you will not be entitled to a refund but at our discretion we may offer you a game at an alternative date or time. If you do not show up to your booking, this will be considered a late cancellation and you will not be entitled to a refund.
11.5 If you have good reason for ending the contract, as set out at paragraphs 11.5.1 to 11.5.5 below, the contract will end immediately and we will give you a full refund for any services which have not been provided or have not been properly provided. The relevant reasons are:
11.5.1 we have told you about an upcoming suspension or change to the services or these terms which you do not agree to (see paragraphs 6.5, 7.2 and 7.3);
11.5.2 we have told you about an error in the price or description of the services you have booked and you don't want to proceed;
11.5.3 there is a risk the services may be significantly delayed because of events outside our control (see paragraph 6.3);
11.5.4 we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
11.5.5 you have a legal right to end the contract because of something we have done wrong.
12.1 When we use the word ‘Event’ we mean you are booking a space (a box, a part of our venue, or the whole of our venue) for a special occasion (such as a birthday) and you have told us that it is a special occasion. You can only book an Event in advance and our Events Team may contact you to confirm your requirements.
12.2 Events have different rules to those for standard games as set out in paragraph 11 above.
12.3 You can only book an Event in advance and our Events Team may contact you to confirm your requirements.
12.4 You must pay, subject to paragraph 12.5, a non-refundable deposit to book an Event, and this must have been paid to us in full, at least 7 days before the start date of your Event. The deposit is 50% of the total charges due to us for your Event, unless we otherwise agree in advance in writing. We will issue you with an invoice for the deposit and for each subsequent instalment (if relevant or if you choose to pay in instalments). Payment is due at the point that we present you with the invoice, and no later than 7 days prior to the scheduled Event start date in relation to the deposit. See section 10 for details about prices and payments.
12.5 If you have booked an Event and want to cancel it, the timeframes at paragraph 11.1 is 14 days in advance. If the Event is cancelled the deposit you have paid is non-refundable, and if you decide to reschedule more than 14 days prior to the start date of the Event, then your Event deposit can be applied toward a future date for the Event provided that is within six months of the original scheduled date. If you do not use the deposit within six months of the original date of Event you will lose this amount and we will be entitled to keep it. If the Event is cancelled or rescheduled less than 14 days prior to the start date of the Event you are responsible for the balance of the charges due to us and you must also pay for any applicable catering minimums that you have booked. As we are an indoor premises, this cancellation policy applies regardless of the weather on the day of the scheduled Event, except for delays outside of our control (see paragraph 6.3).
12.6 If the Event cannot proceed due to something happening outside of our control (as per paragraph 6.3), you will be able to apply the full deposit toward a rescheduled Event or the deposit shall be refunded in full.
12.7 If you decide to reschedule your Event, this clause 12 may apply based on our ability to resell the Event space,boxes, parts of the premises, etc. (as applicable) that you had booked and any additional costs incurred.
12.8 We reserve the right to refuse admission and cancel your Event at any time if we deem the behaviour of any guest to be in breach of paragraph 15.5 below.
13. OUR RIGHTS TO END THE CONTRACT
13.1 We may end the contract if you break it. We may end the contract at any time by writing to you if: (i) you do not pay us amounts when they are due and you still do not make payment when we remind you that payment is due; or (ii) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, your email address.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 13.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. Unless there is an emergency or unforeseen circumstance, if you have a contract with us, we will let you know at least 14 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
14. IF THERE IS A PROBLEM WITH THE SERVICE
14.1 If you have any questions or complaints about the services, please contact us. You can contact us at the details set out at paragraph 2.2 above. Alternatively, please speak to one of our staff at one of our premises.
14.2 Nothing in these terms will affect your legal rights. Here is a summary of your key legal rights in relation to the services. These are subject to certain exceptions. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says: (i) you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it; (ii) if you haven't agreed a price beforehand, what you're asked to pay must be reasonable; and (iii) if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
15. HEALTH AND SAFETY
15.1 If you or anyone in your party has any type of allergy or dietary requirements, please ensure our team are made aware both at the time of booking and upon arrival to the premises.
15.2 There are flashing lights and sounds across the premises and any customers with epilepsy or other conditions sensitive to light or sound should make us aware before visiting.
15.3 In order to play the game you must be physically fit and able to participate in the sporting activities. You accept all risks that are a result of game participation when you book a game.
15.4 All children must be supervised at all times. If you are not the child's parent or guardian, you confirm that you have made such parent or guardian fully aware of the booking and these terms and conditions (and the parent or guardian has agreed to them).
15.5 Your safety and wellbeing is of paramount importance to us. In the interests of everyone's enjoyment and safety, all members of your party are expected to behave responsibly throughout the duration of their visit to the premises. The management of TOCA Social UK Limited reserves the right to decline to honour a booking and/or eject from the premises any attendee who is seen to be drunk or under the influence of drugs; behaving in a violent, disruptive or irresponsible manner; causing a nuisance to others; or responsible for the commissioning of a criminal or civil offence.
15.6 We reserve the right in our sole discretion to refuse admission to the premises and may conduct security searches on entry.
15.7 All attendees are permitted to use our facilities and equipment solely at their own risk. Those present at the premises must comply with any instructions ('Rules of the Game') given by staff co-ordinating activities taking place at the premises or in relation to health and safety or security matters.
15.8 'Rules of the Game' will be explained by our staff (our 'Playmakers') before your game begins, and all Rules of the Game are displayed at reception and across the premises.
15.9 Footwear may be provided for a price to play the game, at our Boot Room. Sensible footwear should be worn at all times when playing the game and we reserve the right to refuse the use of 'unsafe footwear' by customers playing our games.
15.10 Even with the correct footwear, there are risks associated with moving footballs and potentially multiple balls in play at once. Care should be taken to at all times to keep all footballs under control and not be kicked irresponsibly.
15.11 If you have, or any person in your party has (ii) Covid-19, (ii) symptoms of Covid-19, or (c) is isolating as a result of symptoms or contact with a person with Covid-19, you, or they (when it is another person in the party that (a), (b) or (c) applies to), should not visit our premises and you should contact us using the details at paragraph 2.2 to discuss your options for your booking.
15.12 Please contact us (see paragraph 2.2) if you have lost any property at our premises. Subject to clause 16, you are responsible at all times for your personal property, and should not leave any personal property unattended whilst visiting our premises.
15.13 Please follow any directions given by any member of our staff in relation to health and safety when you are at our premises, including without limitation, in relation to evacuation of the premises if required for safety reasons.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us, despite what we may say elsewhere in these terms. 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.
16.2 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 including the right to receive services which are as described and supplied with reasonable skill and care.
16.3 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 indirect or consequential loss or loss of profit, loss of business, business interruption, loss of goodwill or loss of business opportunity.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
18. INTELLECTUAL PROPERTY RIGHTS
18.1 Our trademarks are registered trade marks of TOCA Football, Inc, which is a company in our group of companies. You are not allowed to use them without our advanced approval, unless they are part of material you are using as permitted under paragraphs 18.3 to 18.5 below.
18.2 All intellectual property rights in or arising out of or in connection with the services shall be owned by us. We grant you a non-exclusive, royalty-free licence to our intellectual property rights for the purpose of receiving and using the services and our Technology. You have no right to sub-license, assign or otherwise transfer the rights granted in this paragraph 18.2.
18.3 We are the owner or the licensee of all intellectual property rights in our website and our terminals, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our website and our terminals must always be acknowledged. You must not use any part of the content on our website and our terminals for commercial purposes without obtaining a licence to do so from us or our licensors.
18.4 You may print off one copy, and may download extracts, of any page(s) from our website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
18.5 If you print off, copy or download any part of our Technology in breach of these terms, your right to use our Technology will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under these terms to someone else, including another organisation. If there is a contract between us at the time we transfer our rights, we will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
19.2 You may only transfer your rights or your obligations under these terms to another person with our written consent. We may withhold our consent if we deem it to be reasonable and necessary.
19.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the sections and paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections and paragraphs will remain in full force and effect.
19.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
19.6 You can resolve disputes with us via ADR. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.
19.7 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.