TERMS AND CONDITIONS

This web page represents a legal document and is the Terms and Conditions for the use of our Waterpark facility and website (www.parkvegawaterpark.com). By using our Waterpark facility and website, you agree to fully comply with and be bound by these Terms and Conditions as well as all Park rules each time you use.

Definitions

The terms “us”, “we”, and “our” refer to Park Vega Waterpark Limited, this Website and Social Media handles. A “Guest(s)” is someone who uses our Waterpark facility or browses our website.

All text, information, graphics, design, and data offered through our website, social media handles or Services, are collectively known as our “Content”.

Any usage guidelines and precautions（hereinafter collectively referred to as “Rules”) presented by Park Vega Waterpark in connection with these Terms and Conditions shall, in addition to the Waterpark Rules and Regulations established by the Waterpark and kept at various points in the Waterpark, constitute a part of these Terms and Conditions.

Acceptance of Agreement

This Agreement is between a Guest and Park Vega Waterpark Limited.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, OUR WATERPARK FACILITY AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE DO NOT USE OUR WATERPARK FACILITY AND EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between Guest(s) and Park Vega Waterpark and supersedes all other Agreements, representations, warranties, and understandings with respect to our Services, Website and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

Arbitration

Any dispute, controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – facility use, website operations, intellectual property, and our Service, shall first be subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Party involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to Mediation and or Conciliation before the Delta State Multi Door Court House or a Chartered Mediator and if parties are unable agree with the recommendations of Mediation, by Arbitration by an Arbitrator of the Chartered Institute of Arbitrators (Uk) Nigeria Branch or of the Nigerian Institute of Chartered Arbitrators (NICArb) upon the request of any Party with notice to the other Parties.

Limited License

Park Vega Waterpark grants you an nonexclusive, non transferable, revocable license to access and use our Services and Website strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, non-commercial purposes unless otherwise provided for in this Agreement.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Waterpark facility, Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Park Vega Waterpark Limited.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that Park Vega Waterpark will be completely safe at all times or our website will be error-free; free from viruses or other harmful components. We do not represent or otherwise warrant that the Waterpark information available on or through our website will be correct, accurate, timely, or otherwise reliable.Park Vega Waterpark reserves the right at our sole discretion to change any equipment, content, software, and other items used in our Waterpark facility or contained in our website or Services at any time without notice.

Disclaimer

Our equipment and installations are manufactured by third parties. Accordingly, Park Vega Waterpark has no control over the manufacturing process or quality control of equipment and installations. In addition, Our Website and or Social Media handles may publish content supplied by third parties, Guests, Users, Advertisers, Merchants, or Sponsors. Park Vega Waterpark has no control over such content. For any equipment, installation, opinions, information or content expressed, manufactured or made available by third parties, Park Vega Waterpark does not guarantee the safety, accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any equipment, installation or content provided by any of these parties.

By purchasing any of our goods or services, user agrees to and is knowingly assuming any and all risk associated with using these products or services.

You hereby acknowledge that nothing contained in our Waterpark facility, Website or Social Media handle will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Park Vega Waterpark. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.

Warranty Disclaimer

Park Vega Waterpark is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, or the behavior of guests who visit our Waterpark. Although we provide rules for guest conduct, we do not control and are not responsible for how guests ultimately dress, behave while using our facility, Website or social media and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable behavior or content you may encounter using our website or Waterpark facility. Park Vega Waterpark is not responsible for the online or offline conduct of any User of our Website or Services.

Our Website or entire Waterpark facility or a segment of our Waterpark facility may be temporarily unavailable from time to time for maintenance or other reasons. Park Vega Waterpark assumes no responsibility for any error, omission, service interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction, unauthorized access by guests.

Park Vega Waterpark is not responsible for any slide, electrical, structural, mechanical or technical malfunction or any other problems of any Waterpark facility equipment, installations, telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of payment terminals, email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to guests or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use within the Waterpark facility or downloading of materials in connection with our Website.

Under no circumstances will Park Vega Waterpark be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from guests or anyone’s use of our Waterpark facility, website or Services, or any interactions between guests on/of our Website or waterpark, whether online or offline.

Social Media or website reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with Park Vega Waterpark Limited by third parties.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND WATERPARK FACILITY MAY HAVE ERRORS, BUGS, PROBLEMS, OR OTHER LIMITATIONS.

PARK VEGA WATERPARK, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR GUEST(S) OF OUR WATERPARK FACILITY OR WEBSITE. PARK VEGA WATERPARK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WATERPARK FACILITY OR WEBSITE. PARK VEGA WATERPARK DOES NOT REPRESENT OR WARRANT THAT OUR EQUIPMENT, BUILDINGS, INSTALLATIONS, CONTENT, SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE OR RISKS OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN ITS USE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES OR BODILY HARM CAUSED BY THE USE OF PARK VEGA WATERPARK OR SOMEHOW ATTRIBUTED TO OUR WATERPARK, CONTENT OR SERVICES, IS DISCLAIMED

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE PARK VEGA WATERPARK FACILITY AND WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY INJURY, LOSS OF LIFE, BODILY HARM, PROBLEM, DAMAGES TO YOUR MOBILE DEVICE, LOSS OF DATA, THEFT, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), SERVICE OR PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PARK VEGA WATERPARK.

OUR SERVICES AND WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, SOCIAL MEDIA HANDLES OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT WILL PARK VEGA WATERPARK LIMITED OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO GUESTS OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS OF LIFE OR PROPERTY, LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, WATERPARK FACILITY, CONTENT, SERVICES. EVEN IF PARK VEGA WATERPARK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PARK VEGA WATERPARK LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE ACCESSED JUST PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Use of Information

You grant Park Vega Waterpark a license to use the information and materials you post to our website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content to our Website, you are granting Park Vega Waterpark, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Content in connection with the marketing or operation of the business of Park Vega Waterpark Limited, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Content. You understand and agree that you will not be compensated for any Content. By posting Content to our Website or Service, you warrant and represent that you own the rights to the Content or are authorized to post, display, distribute, perform, or transmit Content.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Tickets

The ticket, if lost or stolen, will not be replaced nor will the purchase price be refunded. Admission to certain rides, shows, attractions, special events, and concerts may require an additional charge or be subject to pre-sold admission. Cabanas, priority seating, merchandise, food, and games may require additional fees.

Due to maintenance and other circumstances, certain rides and attractions (including new rides) may not be open to the public.

The bearer of this ticket grants Park Vega Waterpark the right to film, videotape, photograph the bearer on park property for any purpose without payment or consideration thereof.

Violations of these terms and conditions and park rules or applicable laws of the Federal Republic of Nigeria will result in expulsion without refund.

The park rules, in part, provide that inappropriate clothing or the use of offensive words, phrases, gestures or graphics are prohibited. Conduct that is disorderly, disruptive, may endanger others, or is in poor taste is prohibited.

BEARER, FOR THEMSELVES AND HIS/HER MINOR CHILDREN, DEPENDENTS, HEREBY AGREES TO THE FOREGOING TERMS AND FURTHER AGREES TO RELEASE AND HOLD HARMLESS PARK VEGA WATERPARK AND ITS AFFILIATED COMPANIES (THE COMPANIES) FROM AND TO WAIVE ANY AND ALL CLAIMS, CAUSE OF ACTION, DEMANDS, AND LIABILITIES FOR PERSONAL INJURY, THEFT PROPERTY DAMAGE, OR WRONGFUL DEATH, THAT MAY ARISE OUT OF THE OR IN CONNECTION WITH THE BEARER'S USE OR THAT ANY MINOR CHILDREN OR DEPENDENTS OF THE BEARER, OF THE PARK FACILITIES OR ANY OCCURRENCE ON THE PARK PREMISES, INCLUDING THOSE ARISING OUT OF THE COMPANIES' OR ANOTHER'S NEGLIGENCE. BEARER UNDERSTANDS THERE IS A RISK INHERENT IN THE ACTIVITIES AND THE PARK PREMISES AND BEARER, FOR THEMSELF AND HIS/HER MINOR CHILDREN OR DEPENDENTS, ACCEPTS RESPONSIBILITY AND ASSUMES ALL SUCH RISKS INHERENT IN THE PARTICIPATION IN THE ACTIVITIES, THE USE OF THE FACILITIES, THE CONDUCT OF OTHER PARTIES, AND THE AMENITIES AVAILABLE ON THE PREMISES.

Waterpark Entry Refusal

This Waterpark may refuse a guest to enter into the facility and or remove a guest already in the facility in the following cases:

1. When the guest violates the stipulations of these Terms and Conditions.
2. When the Waterpark is fully booked.
3. When a potential guest is deemed likely to break the law, disrupt public order, or act contrary to public morals during their stay.
4. When the potential guest’s behaviour poses a significant nuisance to other guests.
5. When the potential guest clearly has a contagious disease.
6. When the potential guest uses violence, threats, blackmail, or intimidation to make unjust or unreasonable demands against the Waterpark or its employees, or is deemed to have engaged in any similar acts in the past.
7. When the Waterpark is unable to accommodate guests due to natural disaster, facility malfunction, or other inevitable circumstances.
8. When the potential guest is intoxicated, exhibits or has exhibited extremely abnormal behaviour that may pose a nuisance to other guests, or in cases that fall under the provisions of prefectural ordinances.
9. When the potential guest is extremely unsanitary or is wearing extremely dirty clothes that may cause a nuisance to other guests.
10. When the potential guest conceals the fact that they have purchased a Waterpark ticket for the purpose of making a profit, either for themselves or for a third party, etc.
11. When the potential guest does not comply with these Terms and Conditions or with cancellation and payment policies when making a reservation.
12. When a guest is a repeat customer with a past history of violating our terms and conditions.

Prohibited Acts

Guests shall not engage in the following acts, either on their own or through the use of a third party.

1. Registering or providing false information at the point of check-in.
2. Using fraudulent payment methods such as stolen credit cards, fake bank transfers, presenting fake notes.
3. Unauthorized acquisition or use of Park Vega Waterparks membership benefits or personal information belonging to a third party.
4. Using the Waterpark for business purposes without permission from the Waterpark.
5. Mass booking followed by mass cancellation or any similar acts.
6. Repeatedly making and cancelling bookings without a justifiable reason, or any similar acts.
7. Impersonating the Waterpark or the Waterpark group, or any act that could be mistaken for such.
8. Unauthorized access of systems or computers or any similar acts.
9. Sending or uploading harmful computer programs or any similar acts.
10. Removal, defacing, or destroying equipment within the Waterpark facilities, or any similar acts.
11. Obstruction of business or damaging the reputation or brand of the Waterpark or Waterpark group by making demands that exceed socially acceptable norms, or slandering, defaming, threatening, or harassing the Waterpark or its staff or posting inflammatory remarks on social networking sites, or any similar acts.
12. Violence, threats, extortion, or other coercive and unreasonable demands against the Waterpark or its staff.
13. Any acts that cause or risk causing inconvenience, damage, or disadvantage to other guests, third parties, the Waterpark, or the Waterpark group.
14. Any acts that infringe or risk infringing on the copyrights, trademarks, or other intellectual property rights, privacy rights, personal rights, or any other rights of other guests, third parties, the Waterpark, or the Waterpark group.
15. Acts that violate or risk violating public order or law, or any criminal acts.
16. Displaying the power of an organized crime or cult group or acts of aiding and abetting an organized crime or cult group.
17. Bringing in prohibited items, food and drinks into the Waterpark.
18. Violation of any other provisions of these Terms and Conditions.
19. Violation of any other rules in the Waterpark Rules and Regulations.
20. Any other acts deemed inappropriate by the Waterpark.

The Waterpark shall be entitled to claim compensation from the guest for any damages incurred as a result of the acts in the preceding paragraph.

Parking Liability

The Waterpark consents to let guests park their vehicles in the parking space when a guest uses the Waterpark parking lot, regardless of whether the guest has deposited the keys with the Waterpark, and the Waterpark shall not be held liable for management of the vehicle.

Guest Liability

The guest shall compensate the Waterpark for any damages to the Waterpark caused by wilful misconduct or negligence on the part of the guest, including but not limited to facility repair costs and lost sales opportunities

Exemptions

The Waterpark shall be exempt from liability when an exemption set forth in these Terms and Conditions or the Rules and Regulations applies.

Payments

You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honoured by your bank (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonoured, you will still pay the incurred charges, including any surcharge we may incur due to the dishonoured payment.

Refund and Return Policy

Refund and Return PolicyAdmission Ticket purchases are non-refundable.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Even when a portion of these Terms and Conditions or other Rules is deemed invalid or revoked in relation to a particular guest, the Terms and Conditions and other Rules shall remain valid for all other guests.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by posting these changes on our website.
These Terms and Conditions are subject to change without notice. Check the official website for the latest information.
Use of the Waterpark by the guest after changes to these Terms and Conditions constitutes consent to the amended agreement.
Notwithstanding the preceding paragraph, the provisions prior to the change shall apply to facility agreements concluded prior to the change of these Terms and Conditions.

Good Faith Negotiation

The Waterpark and guest shall negotiate in good faith to resolve any problems arising in connection with use of the Waterpark that cannot be resolved under these Terms and Conditions.

Governing Law

The agreement between the Park Vega Waterpark Limited and the guest(s) shall be governed by the laws of the Federal Republic of Nigeria.