Conditions of SaleThe following conditions will apply to and bind any visitor and/or participant at any Eduplex Sport venue or the purchase of any product or service described on the website or available for purchase at any venue or purchased via the EDUPLEX SPORT NPC contact centre. NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES. BY SELECTING THE “I AGREE” CHECKBOX, OR PURCHASING ANY TICKET AT AN EDUPLEX SPORT NPC VENUE OR VIA THE EDUPLEX SPORT NPC CONTACT CENTRE, OR BY ENTERING ANY EDUPLEX SPORT NPC VENUE, YOU ACKNOWLEDGE BY DE FACTO THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS CONDITIONS. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AS THEIR AGENT. EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
- EDUPLEX SPORT NPC, as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (“Customer”) as well as to any other person you are making a booking on behalf of (“Participants”) including, but not limited to junior track, pump track, jump track, mountain bike track, climbing wall, sandpit, jungle gym, walking trail, OCR facilities, parking area, equipment rental and maintenance, the condition, layout, construction, design, maintenance and use of facilities, the presence of people or objects thereon, the surrounding areas and any other associated sporting activities or similar leisure time pursuits (recreational activities) at the EDUPLEX SPORT NPC venues subject to the following conditions:
1.1. EDUPLEX SPORT NPC, their employees, directors, agents, affiliates, parent companies and subsidiaries are not liable to the Customer and/or any Participant, your dependants, guests or legal representatives for personal injury or death suffered by the Customer and/or Participant and/or guests and/or any visitors due to the recreational activities not being applied with due care and skill or a person not being reasonably fit for their purpose or due to negligence, breach of contract, statute or statutory duty by EDUPLEX SPORT NPC.
1.2. The Customer acknowledges that the recreational activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the Customer assumes and accepts all such risks and hereby waives the right to sue EDUPLEX SPORT NPC for any personal injury or death in any way whatsoever caused by or relating to the Customer and/or the Participants’ participation in such activities.
1.3. RISK WARNING: The use of the junior track, pump track, jump track, mountain bike track, climbing wall, sandpit, jungle gym, walking trail, OCR facilities, or any other equipment at any EDUPLEX SPORT NPC venue involves a risk of participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in such recreational activities do so entirely at their own risk.
1.4. The Customer agrees to pay all the costs of and authorises EDUPLEX SPORT NPC and its staff to take all steps it considers reasonably necessary to protect his/her welfare as well as that of any Participant in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
1.5. Any child under 12 years of age using the EDUPLEX NPC facilities must be supervised by a responsible adult at all times. A child left unaccompanied by an adult is left at the sole and express risk of the parent as no supervision is available or will be given to any child under 12 years of age. No responsibility will be taken by EDUPLEX SPORT NPC for their wellbeing.
1.6. All participants must be in good health and free from any adverse medical conditions. For safety reasons, Customers and Participants with serious health issues or injuries are not permitted on any equipment. If in doubt, please seek medical advice.
1.7. While in any EDUPLEX SPORT NPC venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible, without being entitled to any compensation therefore or permission sought.
1.8. All tickets remain the property of EDUPLEX SPORT NPC and cannot be refunded, transferred, or resold. They are valid only for the date shown and are void if tampered with.
1.9. The Customer and all Participants must comply with all signs or other directions of EDUPLEX SPORT NPC and it may suspend or cancel the Customer’s and a Participant’s access to recreational activities at any EDUPLEX SPORT NPC venue in its absolute discretion for non- compliance with these conditions, or for reckless or careless conduct.
1.10. If you purchase a ticket for the use of facilities at any EDUPLEX SPORT NPC venue on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.
1.11. By purchasing a ticket, the Customer and Participants hereby warrant that they are in good health and have no conditions that would prevent their participation at EDUPLEX SPORT NPC.
1.12. The Customer hereby warrants that any ticket purchased on behalf of any other person(s), including for parties and venue hire, is done so with the full consent and authority of every person for whom the Customer makes a booking. The Customer fully indemnifies EDUPLEX SPORT NPC and holds them harmless against any and all liability howsoever arising relating to every person on whose behalf the Customer has made a booking, including all legal costs and any damages awards.ABOUT THE WEBSITE
- These Conditions of Sale:
2.1. Please read these Conditions of Sale carefully before using the Website. By using the Website, you are agreeing to be bound by these Conditions of Sale and entry.
2.2. The Website is provided by EDUPLEX SPORT NPC.
2.3. The Website may provide links to third party websites and the products or services of third parties. EDUPLEX SPORT NPC is not responsible and is not liable in any way for third party content provided on or through the Website. Your access or use of the third-party sites is at your own risk.
2.4. This site may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. EDUPLEX SPORT NPC does not endorse or recommend the goods or services of such advertisers or their websites. If you purchase any goods or services from them or visit any of their websites, you do so at your own risk.
2.5. Copyright in the Website is owned by EDUPLEX SPORT NPC or its licensors.
2.6. The website may contain trademarks or logos of EDUPLEX SPORT NPC, other companies or organisations and these are proprietary to the owner(s) of such marks.
2.7. Copying or any use of any content or any intellectual property (including copyright and trademarks) contained on the Website is strictly prohibited.
2.8. EDUPLEX SPORT NPC may at any time discontinue or limit access to the Website or its content. EDUPLEX SPORT NPC may terminate or limit your access to the Website if you breach these conditions. All disclaimers and limitations of liability by EDUPLEX SPORT NPC will survive termination.
- Ordering procedure
3.1. You may offer to purchase any of the EDUPLEX SPORT NPC products described in the Website for the price specified on the Website.
3.2. Your order must contain your name, phone number, e-mail address, credit card details and any other ordering information specified on the Website.
3.3. Payment must be affected by credit card using the ordering facility on the Website.
3.4. Confirmation of your purchase will be sent to your nominated email address once your payment for the transaction has been cleared. If you do not receive a confirmation email within two hours, please contact the EDUPLEX SPORT NPC Contact Centre on 082 802 9719.
3.5. You may not cancel an order once it has been submitted and paid, even if a confirmation email from the EDUPLEX SPORT NPC is still pending.
3.6. If you wish to purchase a EDUPLEX SPORT NPC product by telephone through the EDUPLEX SPORT NPC contact centre, or by visiting one of the EDUPLEX SPORT NPC venues, any such purchase will be governed by these Conditions of Sale (excluding any of the Conditions of Sale that are specific to purchases made using the Website) but including the conditions displayed at the EDUPLEX SPORT NPC venue.
4.1. The prices of the EDUPLEX SPORT NPC products shall be displayed on the Website. These displayed prices are merely invitations to purchase and are subject to change without notice.
4.2. All prices displayed on the Website are quoted in South African Rands and must be paid in full, except where discounts are offered as detailed on the Website.
- Cancellation due to error or unavailability
5.1. You acknowledge that despite EDUPLEX SPORT NPC’s reasonable precautions, EDUPLEX SPORT NPC’s products and services may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances, or other oversight. In these circumstances, EDUPLEX SPORT NPC reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
5.2. If a cancellation of this nature occurs after your credit card has been charged for the purchase, EDUPLEX SPORT NPC will immediately issue a credit to your credit card account for the amount in question.
- Details of conditions applicable to purchase of EDUPLEX SPORT NPC products
Details of the conditions applicable to the purchase of EDUPLEX SPORT NPC products on the Website may differ from time to time. EDUPLEX SPORT NPC reserves the right to make any changes to the details and Conditions of Sale if necessary to comply with any applicable legislation and to change the details and conditions published on the Website, without affording notice, provided that this does not materially affect the nature of the EDUPLEX SPORT NPC products and services purchased by you.
- Order submission and your agreement to these Conditions of Sale
When you click on the “I Agree” checkbox you agree to these Conditions of Sale and EDUPLEX SPORT NPC will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. EDUPLEX SPORT NPC shall supply you, subject to availability, with EDUPLEX SPORT NPC products set out in your order. EDUPLEX SPORT NPC shall confirm each order made online via the Website or by email within two (2) business days.
- Security policy
8.1. When purchasing from the Website your financial details are passed through a secure server.
8.2. No transmission over the Internet can be guaranteed as totally secure. Whilst EDUPLEX SPORT NPC strives to protect such information, it does not warrant and cannot ensure the security of any information, which you transmit to it. Accordingly, any information which you transmit to EDUPLEX SPORT NPC, including your credit card details, is transmitted at your own risk and EDUPLEX SPORT NPC shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of this website whether due to negligence, breach of contract, statute or statutory duty by EDUPLEX SPORT NPC.
8.3. Once EDUPLEX SPORT NPC receives your transmission, it will take reasonable steps to preserve the security of such information.
- Law and jurisdiction
These Conditions of Sale shall be governed by and construed firstly in accordance with the laws of South Africa (the courts of which shall have exclusive jurisdiction). If any of these Conditions of Sale should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Conditions of Sale shall remain and continue to be valid, binding and enforceable.EDUPLEX SPORT NPC BY ORDER OF THE MANAGEMENT November2020