1. The Platform
1.1. Welcome to Giwa Gardens Reseller Platform: (‘Platform’). The Giwa Gardens Reseller & Booking Platform is a product of and provided by Digital Landlords Limited (‘Digital Landlords ’). Digital Landlords is the owner of the Giwa Gardens Water Park located at Sangotedo, Lagos State.
1.3. DLNL reserves the right to modify these Terms at any time in at its sole discretion with notification to all resellers and the terms will always aim to mutually serve both parties . You are encouraged to review the most current terms and any relevant specific terms each time you visit the Platform. Your continued use of the Platform after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not wish to be bound by these terms, do not use or access the GIWA GARDENS RESELLER & BOOKING Platform or use our Services.
2. Eligibility to use the Platform
2.1. In order to use or access the Platform or subscribe/register for our Services, you represent and warrant that you are at least 18 years of age and are legally able to enter into a binding contract.
2.2. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity.
3. User Representation
3.1. You represent, warrant and agree that no materials of any kind submitted through your Account or otherwise posted or shared by you through the Platform will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory, fraudulent or otherwise unlawful material. You further agree not to collect email addresses or other contact information of other users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Platform or for any other purpose. You further agree that you may not use the Platform in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Platform.
3.2. You agree not to reproduce, duplicate, copy, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DLNL.
3.3. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3.4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DLNL customer, employee, member, or officer will result in immediate account termination.
4.1. Standard Tickets are bought at the sum of N10,000.00 (Ten Thousand Naira) per ticket for adults specified on the Giwa Gardens reseller and booking platform.
4.2. Standard Tickets are bought at the sum of N7,500.00 (Seven Thousand Five Hundred Naira) per ticket for a child specified on the Giwa Gardens reseller and booking platform.
4.3. Fast-track Tickets are bought at the sum of N15,000.00 (Fifteen Thousand Naira) per ticket for adults specified on the Giwa Gardens reseller and booking platform.
4.4. Fast-track Tickets are bought at the sum of N10,000.00 (Ten Thousand Naira) per ticket for a child specified on the Giwa Gardens reseller and booking platform.
4.5. Premium tickets are subject to negotiations between Giwa Gardens Resellers & Giwa Gardens subject to approval by Giwa gardens specified on the Giwa Gardens reseller and booking platform.
4.6. Tickets are valid for a period of Twelve (12) months from the date of purchase.
4.7. Ticket can be resold by the Reseller at the Reseller’s price at their own discretion on any other platform apart from pornographic, or sites that engage or appear to engage in fraudulent activities.
4.8. Ticket purchase is not confirmed until you receive a confirmation from us via the booking platform. This will be confirmed on the platform under your account and by email.
4.9. There shall be no refund on purchased tickets as all tickets are open dated and can be used within 12 months period.
4.10. In the event of force majeure (e.g. weather conditions where Giwa Gardens Water Park is closed as a result, the Reseller tickets can be rebooked for another day without charge once booked with a set date).
5. Reseller Account
5.1. In order to list, sell or purchase Tickets you must register an account (“Account”) with us and agree to accept the terms in this Agreement. You must be at least 18 years old and must be able to enter into legally binding contracts. If you are registering with us for a business entity, you represent that you have the authority to legally bind that entity.
5.2. When opening an Account you must provide complete and accurate information including but not limited to your full name, address, phone number, email address and payment information. If your registration or payment information changes at any time, you must promptly update your details in your Account.
5.3. We reserve the right to temporarily or permanently suspend Accounts with incomplete or inaccurate information until compliance team can validate your identity to avoid fraudulent activities.
5.4. You are solely responsible for maintaining the confidentiality of your Account information and password. You are solely responsible for any activity relating to your Account. Your Account is not transferable to another party.
6. Suspension of the Platform
6.1. We do not guarantee that our Platform will always be available or be uninterrupted however we will aim to maintain a 99.9% uptime and accessibility. We may suspend or withdraw or restrict the availability of all or any part of our Platform for maintenance reasons, however, Resellers will be notified at least 7 working days in advance. In the event that the site experiences a malicious attack and goes offline, we will endeavour to recover the site within a 24-hour period through daily backups, however, if this becomes unattainable, all Resellers will be notified within a 24 hr period with estimated timescale of when the site will be back online.
7.1. We do not promise that the Platform or any content, service or feature of the Platform will be error-free or uninterrupted as resellers will set their own prices and human error on the resellers side may sometimes be unavoidable. Identified defects will however be corrected. Giwa Gardens reseller and booking system is an open marketplace with user generated pricing along with system pricing and as a result, specific results may not always be accurate.
The Platform and its content are delivered on an “as-is” and “as- available” basis. All information provided on the Platform is subject to change without notice in the interest of Giwa Gardens water park visitors. We cannot ensure that any files or other data downloaded from the Platform will be free of bugs or viruses and encourage you install antiviruses to protect yourselves. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. You assume total responsibility for your use of the Platform while we continue to provide a fully functional and fit for purpose platform that might require room for iterative improvements.
7.2. DLNL does not warrant that
i. the service will be uninterrupted, timely, secure, or error-free in situations that are beyond the control of DLNL.
ii. the results that may be obtained from the use of the service will be accurate or reliable where resellers are responsible for setting their own prices.
7.3. You expressly understand and agree that DLNL shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
i. the use or the inability to use the service if our terms are broken, as a result of unavoidable malicious attacks to the site or by your own actions.
ii. unauthorised access to or alteration of your transmissions or data;
iii. statements or conduct of any third party on the service; or
iv. any other matter relating to the service.
v. DLNL cannot and will not be responsible or accountable for allocating tickets purchased and sold by resellers outside the Giwa Gardens Reseller and Booking system. This is the sole responsibility of the reseller to assign purchased tickets to the purchaser using the functionalities provided on the booking system.
7.4. The failure of DLNL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DLNL and govern your use of the Service, super ceding any prior agreements between you and DLNL (including, but not limited to, any prior versions of the Terms of Service).
8. Fees and Other Charges
8.1. We may charge fees for selling and/or buying Tickets through our Site and/or otherwise using our Services, as well as delivery or fulfillment fees (collectively referred to as “Service Fees”). Service Fees may vary depending on event type, Ticket type and location. We may in our sole and absolute discretion change our Service Fees at any time, including after you list your Tickets. Any applicable Service Fees including any taxes if applicable will be disclosed to you prior to listing or buying a Ticket. We may charge and/or retain Service Fees if you do not fulfill your contractual obligations under this Agreement.
8.2. If you as a Reseller do not fulfill your contractual obligations under this User Agreement, we may charge you certain fees and/or costs in accordance with the Seller Policies.
8.3. Refusing to allocate purchased tickets to purchasers will result in instant disqualification and account closure with any funds under your account used to pay the purchaser and we may seek legal action against you in the event the event that this happens as a result of a fraudulent activity or refusal to pay the purchaser.
9. Selling Tickets
9.1. You must comply with all applicable laws and regulations and the terms of this Agreement when listing, selling and delivering your Tickets.
9.2. When listing a Ticket you must set a price for which you are willing to sell your Ticket (“Sales Price”). You may modify (e.g. raise or lower the Sales Price) or delete your listing at any time until the Tickets have sold.
9.3. By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket at the Sales Price. When a Buyer accepts your offer by purchasing your Ticket through our Site, you are contractually bound to deliver that exact Ticket for Sales Price and within the required delivery timeframe. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Resellers cancel orders at one price and repost the same tickets for a higher price. Failure to fulfill your orders will lead to charges as stated in this Agreement.
9.4. We do not guarantee that your tickets or related passes will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the booking page or through search results as results are driven by cheapest tickets first and highest tickets sold first. We will not, for any reason, provide compensation for tickets that do not sell within a 12-month period. We cannot guarantee tickets sold as a result of site unavailability from an outage or maintenance or listing delays however you will be notified within a 24hr period of any outage or downtime with clear timelines of when the site will be back online.
10. Term and Termination
10.1. This Agreement shall commence on the date that you register an Account with us and will continue for an indefinite period unless terminated in accordance with these provisions.
10.2. You may terminate this User Agreement at any time by contacting DLNL. In the event that you request that we close your Account, we will treat your request as termination of this Agreement.
10.3. Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry
11. Abusing Our Site and Services
11.1. When using our Site and Services, you agree that you will not do any of the following:
11.1.1. contact or invite contact with other users for any reason other than the purpose for which you received the user’s contact information from us or to solicit sales outside of our Site;
11.1.2. use the Buyer’s personal data for any reason other than the delivery of Tickets unless otherwise agreed to by the Buyer;
11.1.3. behave in an abusive manner to any of our employees or other users;
11.1.4. breach or circumvent any laws third party rights or our Additional Policies;
11.1.5. post false, inaccurate, misleading, defamatory or libellous content;
11.1.6. fail to fulfill your contractual obligations regarding the sale or purchase of a Ticket;
11.1.7. use our trademarks without our prior written permission;
11.1.8. interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;
11.1.9. do anything else that we determine, in our sole reasonable discretion, misuses the Site or Services or otherwise negatively impacts our marketplace.
11.2. In our effort to protect our Buyers and Sellers we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancelation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your Account or listing, in our sole discretion.
12.1. You own and are solely responsible for any content including images, text, audio or other materials that you submit (“User Content”). By submitting User Content, you grant us a non- exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant us the right to use your name or image in association with your User Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.
12.2. You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libellous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify us for any and all claims resulting from your User Content. We have the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential, and we will not be liable for its use or disclosure.
13. Protecting Intellectual Property Rights
13.1. We respect intellectual property rights and we respond to notices of alleged infringement.
13.2. If you find material on our Site or Services that you believe infringes your copyright or other intellectual property rights, please notify us and we will investigate.
14.1. Summary of Guarantee for Buyers:
14.1.1. You will get your tickets in time.
14.1.2. Your tickets will be valid for entry.
14.1.3. If any of these things do not occur and you comply with applicable policies and timelines, we will find you comparable or better tickets, or offer you a refund of what you paid for your purchase or credit of the same amount for use on a future purchase.
14.2. To receive the benefits of the Guarantee, you must comply with our Agreement and all policies, guidance, and emails we send you regarding your order, including any timelines or procedures to notify us of issues.
14.3. The Guarantee does not apply in cases of buyer’s remorse or any reason other than the reasons stated in this Guarantee.
15. Setting and Adjusting the Ticket Prices Before Your Tickets Sell
15.1. You set ticket prices. You can adjust the ticket price as often as you desire before your tickets sell. If you cannot adjust pricing for a ticket listing before the tickets have sold, you should contact DLNL for assistance.
16. Receiving Payment
16.1. If you sell your tickets and send them in accordance with our Agreement, policies, and emails we send you but there is a problem with the delivery that was not caused by your actions or inaction, you will still get paid for the sale.
17. Violating the Agreement
17.1. We may investigate any potential or suspected violations of the User Agreement, Additional Policies, security protocols or best practices, third party rights or applicable law; any actions or any other misconduct or potential abuse on or through the Services or attempts. When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account and shall, in particular, consider if the user is responsible for the misconduct.
17.2. We may take any actions we deem appropriate in our reasonable discretion for the conduct described above. Without limiting other remedies, these actions may include: limit, or temporarily or permanently suspend, or terminate our services and Accounts, restrict or prohibit access to, and your activities on, our Site and/or Services, remove listings, require you to edit listings, cancel sales, require you to send Tickets to a Buyer within a specified time, delay or remove hosted content, remove any special status associated with an Account, reduce or eliminate any discounts, withhold payment, charge the Payment Method on file for amounts you owe or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent Accounts or chargebacks and any replacement costs), and take technical and legal steps to keep you from using our Site and/or Services.
17.3. We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this Agreement and we will respond to any verified requests relating to a criminal investigation from law enforcement or regulatory agencies, other government officials or authorized third-parties.
18.1. We shall not be in default or otherwise liable under this Agreement due to inability to perform obligations by reason of any fire, earthquake, unfavourable weather condition (rain which prevents the park from opening, the ticked date shall be reallocated to any later date the park is opened), flood, substantial snowstorm, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, terrorism, cyber-terrorism, embargo, war, act of God, natural disaster, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default by us hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under our control (“Force Majeure”).
19. Waiver and Severability
19.1. Our failure to enforce a provision of these terms is not a waiver of our right to do so later. If any provision of these terms is found invalid or unenforceable by any court of law, the invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of the terms, which will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
20. Governing Law
All matters or disputes relating to your access to or use of the Platform or arising from the purchase and sale of ticket with us, will be governed by the laws of The Federal Republic of Nigeria and the Nigerian Courts shall have exclusive jurisdiction to determine such disputes or matters.