Terms & Conditions
This terms & conditions (“T&Cs”) as set out herein shall apply to (i) your use of this website, and (ii) the participation of any activities held at the premises of Play Yard Company Limited (“PlayYard”). If you do not agree to all of the terms and conditions set out herein, you should not proceed further and not to participate in any activity at PlayYard. By continuing the use of this website or making a booking or any participation in an activity at PlayYard, you confirm that you accept and agree to be bound by the T&Cs at all time when using this website and at the time physically in PlayYard.
I hereby, upon making a booking or participation in an activity at PlayYard, agree to give up my rights and the rights of my spouse and/or child(ren) and/or ward(s) and/or invitee(s) to bring any form of legal proceeding against PlayYard for any injury, including paralysis, or death, caused in whole or in part by the negligence or fault of PlayYard including any of its agents, employees, property and equipment.
In consideration of being allowed to participate in the services and activities, including, but not limited to, for any sports activity and/or premises access, use and access of its machines and facilities within its property and vending machine access and any other amusement activities (collectively “Activities”), provided by PlayYard and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “PlayYard”),I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s) and invitee(s) hereby agree to forever release, indemnify and discharge PlayYard on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below. For myself, and/or on behalf of my spouse, minor child(ren)/ward(s) and invitee(s), hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider PlayYard premises and facilities. It is further warranted that such entry into PlayYard facilities for observation or use of any facilities or equipment or participation in Activities constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned finds and accepts same for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) and/or invitee(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse, minor child(ren)/ward(s) and/or invitee(s). I, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) and invitee(s) hereby represent that (i) I/we are in good health and in proper physical condition to participate in the Activities in PlayYard; and (ii) I/we are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in Activities; (iii) I/we have not been advised against participation in any of the Activities by a health professional. I agree that it is my sole responsibility to determine whether I/we are sufficiently fit and healthy enough to participate in Activities. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) and/or invitee(s), agree to be familiar with and to abide by the rules established for the Activities, which include without limitation the rules posted in the facility and/or the PlayYard website. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) and/or invitee(s), accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse, minor child(ren)/ward(s) and/or invitee(s) while participating in the Activities, and the condition and adequacy of the equipment.
RELEASE OF LIABILITY: Save to the extent permitted by the laws of Hong Kong (including Cap. 71), despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ ward(s) and/or invitee(s) hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge and agree not to sue PlayYard, including its suppliers, designers, installers, manufacturers of any equipment, or such other material and equipment in PlayYard facility (all herein after referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by PlayYard and/or any EQUIPMENT SUPPLIERS, whether the action arises out of any damage, loss, tort, personal injury, or death to me or my spouse, minor child(ren)/ward(s) and/or invitee(s), while participating in or as a result of participating in any of the Activities in or about the premises. This Release of Liability, is effective and valid regardless of whether the damage, loss, personal injury or death is a result of any act or omission on the part of PlayYard and/or any EQUIPMENT SUPPLIERS.
INDEMNIFICATION: I understand that the known and unknown risks may be caused directly or indirectly, in whole or in part by my or my spouse or child(ren)/wards and/or invitee(s) own actions or inactions, the actions or inactions or negligence of others participating in the Activities, or the acts, inaction or negligence of PlayYard or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse and/or my minor child(ren)/ward(s) and/or invitee(s) to participate in the Activities, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and/or invitee(s) as a result of the participation in Activities in or about the facility, including any such loss due to any negligence (including gross negligence) of PlayYard and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless PlayYard and all EQUIPMENT SUPPLIERS from and against any and all direct/indirect losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by PlayYard and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against PlayYard and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments PlayYard and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of PlayYard or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) and/or invitee(s), I further agree to indemnify and hold harmless PlayYard for any injury, damage, theft (including of any unauthorised usage of the facility) and/or harm myself, my spouse and/or my minor child(ren)/ward(s) and/or invitee(s) cause to PlayYard or its facility and/or to any and all other persons and entities acting in any capacity on behalf of PlayYard .
ATTORNEYS’ FEES: I agree to indemnify PlayYard for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of PlayYard , pre-judgment and post judgment interest shall accrue thereon at a rate of 18% per annum.
PHOTO RELEASE: By entering PlayYard and participating in the Activities, I hereby grant PlayYard on behalf of myself, my spouse and on behalf of my child(ren)/ward(s) and/or invitee(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ ward(s) and/or invitee(s) in connection with PlayYard and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
TERMS OF AGREEMENT: I understand that this agreement shall continue to be legally enforceable unless expressly terminated by PlayYard and will have full force and legal effect each and every time I or my spouse and/ or child(ren)/ward(s) and/or invitee(s) visit PlayYard, whether at the current location or any other location or facility. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the applicable laws in Hong Kong SAR and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THIRD PARTY RIGHT: Except as expressly provided below, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce or enjoy the benefit of any term of this agreement. All agents, owners, officers, directors, principals, volunteers, employees, independent contractors, facility operators, land and/or premises owners of PlayYard, and all EQUIPMENT SUPPLIERS (as defined in the "Release of Liability" section herein), shall have the express right to enforce and rely on the releases, waivers, exclusions of liability, and indemnities provided in their favor under this agreement in accordance with the Contracts (Rights of Third Parties) Ordinance (Cap. 623). The consent of any person who is not a party to this agreement is not required to rescind, amend, vary, or terminate this agreement at any time.
VENUE: In the event a legal proceeding is led against PlayYard I agree to the sole and exclusive venue of the Hong Kong courts. I further agree that the substantive law of Hong Kong SAR shall apply without regard to any conflict of law rules. By agreeing to these terms, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) and/or invitee(s) right to maintain any action against PlayYard on the basis of any claim from which I have released PlayYard and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and/or invitee(s) and agreed to indemnify and hold harmless PlayYard and all EQUIPMENT SUPPLIERS from and against any and all direct or indirect losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by PlayYard and all EQUIPMENT SUPPLIERS as a result of the participation in the Activities in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or invitee(s) and/or claims asserted by myself, my spouse and/ or child(ren)/ward(s) and/or invitee(s) against PlayYard and all EQUIPMENT SUPPLIERS related to such participation in Activities. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
LANGUAGE: In case of any discrepancies between the English version and the Chinese version of these terms. The English version shall prevail.
Personal Information Collection Statement
This Personal Information Collection Statement sets out the purposes for which the information provided by you will be used following collection, what you are agreeing to with respect to our use of such information and your rights under the Personal Data (Privacy) Ordinance, Cap 486. This statement may change from time to time, so please check back periodically. Each time you log in to this website and use its services, you agree to be bound by the statement in force at that time.
Collection of Data
You may be asked to provide with personally-identifiable information such as name and e-mail address. This is necessary to provide you with the various services and activities offered on this website. You are not obliged to supply the data, but if you do not, the services and activities will be unavailable.
IP address of the computer used to visit our website may be recorded.
Purposes of Collecting Personal Data
The purposes for which your Personal Data may be used are as follows:
to verify your identity and eligibility in connection with any of the activities that we may provide to you;
to communicate with you by email, phone or other means, including contacting you regarding offers and responding to your enquiries;
to make disclosure when required by law, regulation, or court order of any jurisdiction, and/or as requested by any government, regulatory or law enforcement authority or administrative organisation, which may be within or outside The Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong");
to establish legal claims or defences, obtain legal advice, and/or exercise, defend and/or protect the rights or properties of any member of our group (including PlayYard and any of its affiliates, “Group”), including identifying, contacting or bringing legal action against any person who may be causing interference with such rights or properties (whether intentionally or otherwise) or where any other person could be harmed or property of any other person could be damaged by such interfering activities;
any other incidental or associated purposes relating to the above, or any other purposes to which you may from time to time agree;
monitoring use of the website to help its further development;
compiling aggregate statistics about our users to analyze site usage;
creating accounts for user who intends to register with the services offered on this website and maintaining such accounts;
registering activities provided by the Group;
researches and/or analysis by the Group;
evaluating and improving the facilities, services and/or products offered by the Group;
facilitating communications between you and us and encouraging feed-back from you on your needs and expectations of facilities, services and/or products offered by the Group;
in order to determine your eligibility to any products, facilities, services and other privileges, benefits and other advantages offered by the Group and consider what may best suit your needs, comparing your personal information with all personal information concerning you previously provided to the Group.
Disclosure and Transfer of Personal Data
Personal Data held by us will be kept strictly confidential but we may provide or transfer the Personal Data to:
any member of our Group;
any agent, contractor or third party who provides administrative, data processing, computer or other services to us and/or our Group and who has a duty of confidentiality to the same;
any person to whom our Group is under an obligation to make disclosure under the requirements of any law binding on our Group or for the purposes of any guidelines issued by regulatory or other authorities with which our Group is expected to comply with; and
any person under a duty of confidentiality to us (including our accountants, legal advisors or other professional advisors).
Security of Personal Data
Once we receive your transmission, only our authorized employees or contractors will be able to access your Personal Data.
The collection of any personal data collected will be subject to the Group's Personal Information Collection Statement. Personal data is stored securely in the Group's system. We will take appropriate measures to ensure that your Personal Data is properly protected. However, there is no security guarantee for any data transmission over the internet and you transmit all such data at your own risk. The Group will take all practicable steps to ensure that personal data is not kept longer than is necessary for the fulfillment of the purpose (including any directly related purpose) for which the data is or is to be used. Only trained, authorized staff or contractors shall have access to the data, and the Group does not release personal data to parties outside the Group except as set out in the Group's Personal Information Collection Statements.
Links
Links on this website may link to websites maintained by third parties. These third parties may have their own privacy policies and practices which are not bound by this Privacy Statement. We make no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the information and content on such websites. Access to and use of such other websites is at your own risk and subject to the terms and conditions applicable to such websites.
Web Logs/Cookies
When you visit our website, we shall make a record of your visit for preparing statistics on the usage of this website to improve the effectiveness of our marketing and promotional activities. Unless we specifically indicate to you that we intend to collect your Personal Data and require you to check a box to agree to such collection, we do not collect any Personal Data from you during your browsing of this website.
We shall also place a cookie in your browser. A cookie is a small file which contains anonymous information about your preferences and navigation pattern in particular sites, including your IP (internet protocol) address, browser type and the city-level location of your internet service provider, thus enabling website owners to provide more useful features for their users. Session cookies are used to enable you to move around the site and use essential functions on our websites, such as maintaining log-in details for the session such that the need to transfer information across the internet may be reduced. Google Analytics are used to recognize repeat visitors to our websites in order to enable us to better understand how our users browse to and through our websites, the time they spend and how often they visit our websites, relying on which we can improve our websites. Font size cookies are used to provide proper appearance of characters when you browse our websites.
The data collected by means of "cookies" will not be disclosed to any third parties except to any member within our Group or the agents of our Group. It will not be combined with any other information, and will only be used to provide troubleshooting services.
If you wish to disable the cookies, you may do so by changing the setting of your browser. However, in that event, you may not be able to make full use of our website.
Access to and Correction of Personal Data
You have the right to request access to and correction of your personal data in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap.486). Any data access request or data correction request may be made to our Data Protection Officer at [email protected]
