APPLICATION OF TERMS
Ninja Valley Limited including our directors, employees and agents (we, us, our) as a supplier of recreational services, sells tickets through our website (Website) and supplies recreational services to the customer (you) including but not limited to the use of our trampolines, ninja courses, climbing walls and towers, zipline, wipeout, slides, climbing nets, foam pits, rope courses, viewing areas and/or any equipment or item (Activity) at the Ninja Valley venue (Facility), subject to the conditions in these terms and conditions (Terms).
It is important that you read these Terms carefully. By attending our Facility (“Participant”), accessing and using the Website, or by selecting “I have read and accept the Ninja Valley’s terms and conditions”:
you agree to these Terms; and
where your access and use of our Facility is on behalf of another person or company, you confirm that you are authorised to agree to these Terms on that person or company’s behalf and that person or company are bound by these Terms.
where your access and use is on behalf of a Participant under the age of 18 you agree that you are making the purchase with the full authority as, or as agent on behalf of, the parent or legal guardian of the Participant and agree that Participant is bound by these Terms.
A person accompanying a Participant is also deemed to be a Participant and are bound by these Terms.
If you do not agree to these Terms, you are not authorised to access to enter our Facility or use or Website, and you must immediately stop doing so.
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. These Terms were last updated on 12 May 2022.
In these Terms:
including and similar words do not imply any limit
loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Terms means these terms and conditions titled Terms and Conditions
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
Website means www.ninjavalley.co.nz
You or Your means you or, if clause 1.2b or c applies, both you and the other person on whose behalf you are acting.
HEALTH AND SAFETY POLICY: Participants shall use and undertake the Activities at our Facility in accordance with our health and safety policy displayed at our Facility and on our Website (Safety Policy). When Participants are children, their parent, legal guardian or their agent/s are responsible for ensuring that Participants adhere to our Safety Policy. Participants must use the Facilities in a responsible manner, and with respect for their own safety and the safety of others. Participants may be liable to other individuals for their injuries and to us for damages, if such injuries or damage arises from irresponsible, deliberate or reckless behaviour.
CHILDREN: children under the age of 14 years must be accompanied by a responsible parent, legal guardian or their agent who:
must directly supervise children at all times;
agrees to be bound by these Terms on the child’s behalf;
shall explain the Safety Policy to any children they are accompanying and/or booking or purchasing a ticket for, and agrees to the acceptance and assumption of risks on behalf of that child or children.
COMPLIANCE WITH SAFETY POLICY: Participants must comply with all our signs, notices, directions, instructions or requests of our staff members and we reserve the right (in our absolute discretion) to suspend or cancel any Participant’s access to any Activities and/or our Facility, without refund or compensation, for non-compliance with these Terms, our Safety Policy, signs, notices, directions, instructions or requests, or for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the Facility, or if we consider that the circumstances so require.
MEDICAL CONDITIONS: Participants must be in good health and physical condition and free from any medical conditions which may affect or preclude them from safely participating in any Activities. For safety reasons, pregnant women, people with pre-existing health issues or who are over 120kg in weight or wearing casts are not permitted to undertake the Activities at our Facility. If in doubt please seek medical advice.
TICKETS: All tickets remain our property and cannot be transferred or resold. They are valid only for the date shown and are void if we consider they have been tampered with.
BELONGINGS: Participants must look after their own belongings at the Facility. Items such as phones and cameras may get damaged if they are used during the Activities, and we shall not be liable for any loss or damage to any Participant’s property (howsoever caused) in the course of engaging in any Activities or attending our Facility.
RISKS: Participants acknowledge and understand that the Activities can be dangerous with many inherent risks and hazards and that certain risks cannot be eliminated without jeopardising the essential quality of the Activities and the use of our Facility. Any participation in the Activities, use or misuse of our Facility involves a significant risk to any Participant. Such risks could include, but are not limited to, cuts and bruises, falls, broken bones, injuries to wrists, arms, legs, ankles, backs, heads and necks, injuries from flips or contact with other Participants, spinal or head injuries and/or even death. Participants agree to participate in the Activities and use the Facilities at their own risk and assume and accept all risks in relation to undertaking the Activities. Participants authorise us to take all steps we consider reasonably necessary to protect their welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation and Participants shall indemnify and pay us for all associate costs and expenses.
DISCLAIMER: To the fullest extent permitted by law, we have no liability or responsibility to you or any other person or Participant for death or any losses, damages or injuries relating to or arising directly or indirectly form you or any person or Participants engaging in the Activities or visiting our Facility. This disclaimer includes but is not limited to any negligence, negligent supervision and/or negligent instruction, faulty equipment or the activities of others, and you indemnify us against all costs, losses, expenses, claims, demands arising out of your use or any Participant’s use of our Facility.
Please read these Terms carefully before using the Website. By using the Website, you are agreeing to be bound by these Terms.
The Website may provide links to third party websites and the products or services of third parties. We are not responsible and are 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.
The Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. We do 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.
Copyright in the Website and all the content on it, including but not limited to the service description, photographs and logos (“Website Content”), is owned by us. You are not permitted to use, copy, modify or distribute the Website Content without our written consent. However you are permitted to “share” certain Website Content on social media sites, by the use of social media plug-ins where these are made available.
You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com.
When using our Website you must:
not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
To the maximum extent permitted by law:
you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with the above Terms in relation our Website.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to $100 New Zealand dollars.
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it). All disclaimers and limitations of liability by us will survive termination.
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
You may offer to purchase any of our products described on the Website for the price specified on the Website.
Payment must be effected by credit/debit card using the ordering facility on the Website.
Confirmation of your order 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 business days please contact us. The purchase contract is not complete until we issue this confirmation email.
You may not cancel an order once it has been submitted and paid, even if you have not received a confirmation email from us.
If you wish to purchase our products by telephone or by visiting our Facility then any such purchase will be governed by these Terms (excluding any part of the Terms that are specific to purchases made using the Website), and such other conditions as may be informed to you over the telephone or displayed at the Facility (as the case may be).
Your ticket(s) will be delivered by email. Please bring a printout of the tickets with you to our Facility, otherwise you may not be able to use your tickets.
The prices of our products shall be the prices displayed on the Website on the date of your order. There may occasionally be an error in the price displayed on the Website (see section 8.1 below).
All prices displayed on the Website are quoted in New Zealand dollars and must be paid in full, subject to any discounts which are offered as detailed on the Website at the point of such purchase.
CANELLCATION DUE TO ERROR OR UNAVAILABILITY
You acknowledge that despite our reasonable precautions, our products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error or other oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit/debit card has been charged. If a cancellation of this nature occurs after your credit/debit card has been charged for the purchase, we will promptly issue a credit to your credit/debit card account for the amount in question.
CANCELLATION FOR OTHER REASONS
Under normal circumstances, a confirmed order will enable you to engage in the Activities specified in your order at our Facility. However there may be circumstances in which we are unable to make the Facility or Activities available on the date or at the time allocated. This may be as a result of unexpected closure of the Facility, damage to the Facility rendering them unsafe, insufficient staff availability or otherwise. In such circumstances, we will inform you of the situation and either refund the ticket price or allow you to reschedule (where this is possible). We shall not be liable for travel costs or any other losses in connection with such cancellation.
DETAILS OF CONDITIONS APPLICABLE TO PURCHASE OF OUR PRODUCTS
Details of the conditions applicable to the purchase of our products on the Website may differ from time to time. We reserve the right to make any changes to the details and these Terms if necessary to comply with any applicable legislation and to change the details and conditions published on the Website, without affording prior notice, provided that this does not materially affect the nature of our products purchased by you, and your continued use of the our products and/or our Website shall constitute your acceptance of and agreement to such amended Terms. Please check this Website regularly for the most up-to-date version of the Terms.
ORDER SUBMISSION AND YOUR AGREEMENT TO THESE TERMS
When you click on the “I have read and accept the Ninja Valley’s terms and conditions” checkbox you agree to these Terms and Ninja Valley will treat this as a binding order. You are responsible for ensuring the accuracy of your order. Upon confirming your order, we shall supply you, subject to availability, with our products set out in your order. We will normally confirm each order made online via the Website or by email within two business days.
Once you have submitted an order, your payment will be non-refundable, even if you decide not to use the ticket(s) ordered.
When purchasing from the Website your financial details are passed through a secure server.
No transmission over the Internet can be guaranteed as totally secure. Whilst we strive 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 us, including your credit/debit card details, is transmitted at your own risk and to the fullest extent permitted by law, we 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 the Website, whether due to negligence, breach of contract, statute or statutory duty by us.
Once we receive your payment, we will take reasonable steps to preserve the security of such information.
These Terms shall be subject to and shall apply to the fullest extent permitted by law.
Any provision stated herein which is held to be illegal, invalid or unenforceable will be ineffective solely to the extent of such illegality, invalidity or unenforceability, without affecting the other provisions herein which shall remain in full force and effect, and will be deemed to be amended as necessary to give effect as close as possible to the intent and purposes of the illegal, invalid or unenforceable provision.
These Terms shall be governed by and construed in accordance with the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction over any dispute arising in connection with these Terms.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
For us to waive any of our rights under these Terms, the waiver must be in writing.