Website Terms and Conditions

Welcome to our website www.sarayaaqabawaterpark.com (the “Website”). PLEASE READ THESE TERMS AND CONDITONS CAREFULLY BEFORE USING THE WEBSITE. If you access, continue to browse and use this Website you are agreeing that you have read, understood, will comply with and be bound by the following terms and conditions, which together with our Privacy Policy, govern our relationship with you in relation to this Website (the “Website Terms and Conditions”). If you do not agree to any of these terms and conditions, you must not use this Website.

1. Definitions and Interpretation

1.1. The following definitions shall apply to these Website Terms and Conditions: 1.1.1. “Content” shall mean all information, materials, images, functions, content, features and applications on the Website. 1.1.2. “Park” means Saraya Aqaba Waterpark, Aqaba, Jordan. 1.1.3. “Park Entry Terms and Conditions” means the terms and conditions governing entry to the Park as can be found here 1.1.4. “Product” means the product made available for sale to consumer users on the Website; 1.1.5. “Product Terms and Conditions” means the product specific terms and conditions made available on the Website prior to purchase and on your e-ticket or voucher after purchase, and which can be found here; 1.1.6. “Saraya” means Saraya Aqaba For Supporting Services Company PSC, also referred to throughout the Website as “us” “we” or “our”.

2. Intellectual Property

2.1. This Website domain name (including its subdomains) is registered under and operated by Saraya. Content constitutes copyrighted property and other intellectual property rights under United Arab Emirates and foreign laws and international conventions which are owned by or licensed to (as applicable): Saraya and other partners. All rights in the Content are reserved and nothing herein shall be construed to grant you any right in relation to the Content. 2.2. Use of any names, brands, logos or trademarks published on the Website is prohibited without our express written approval and the written approval of the trademark owner. You may not use any such names, brands, logos or trade marks for any commercial reasons. 2.3. Content on the Website is provided for information purposes and your personal use only. The Website or its Content may not be used, copied, modified, reproduced, reverse engineered, decompiled, disassembled, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever (including commercial reasons) without the prior written consent of the respective owners. 2.4. Whilst we use reasonable efforts to update the Content on the Website, Content is provided “as is” and we make no representations, warranties or assurances of any kind, whether express or implied, with respect to the accuracy or completeness of such Content. 2.5. You acknowledge and agree that nothing in these Website Terms and Conditions shall have the effect of transferring the ownership of any trademarks or other proprietary rights in the Website, its Content or any part thereof to you or any third party. You undertake not to do anything which is inconsistent with or which is likely in any way to prejudice such proprietary rights.

3. Prohibited Uses

3.1. You may not use this Website: 3.1.1. in any way that breaches any applicable local, national or international law or regulation; 3.1.2. to copy, modify, reproduce, reverse engineer, decompile, duplicate, disassemble, distribute, transmit, broadcast, display, sell, license, or exploit in any way any part of it or its Content; 3.1.3. in any way that is fraudulent, or has any fraudulent purpose or effect; 3.1.4. for the purpose of harming or attempting to harm others in any way; 3.1.5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (each a “Virus”); 3.1.6. to attempt to gain authorised access, interfere with, damage or disrupt any part of this Website, any equipment or network on which this Website is stored, any software or service used in the provision of or connected to Website, or any equipment or network or software owned or used by any third party; each of which is a “Prohibited Use”. 3.2. We will report any breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

4. Social Media Rules and Consequences

4.1. The Park’s social media pages are intended for you, so that you can come and join the conversation, connect with other people and have fun sharing your thoughts and ideas. We want our online communities to be a place where everyone can feel comfortable, which means that there are rules of play. To ensure that visitors of our social media pages may enjoy a positive experience we ask that you do not send, post, upload, use or reuse any content or comments (including photos and videos) which may be: 4.1.1. a violation of the terms and policies of the social media site concerned; 4.1.2. threatening, harassing, abusive, violent, inciting of violence or otherwise inflammatory; 4.1.3. encouraging of conduct that would be considered a criminal offence; 4.1.4. discriminatory, racist, sexually explicit, vulgar or offensive to other cultures; 4.1.5. unlawful; 4.1.6. promotional information, including links to third parties or their products or services; 4.1.7. political or religious activism; 4.1.8. infringing on any intellectual property, privacy, or publicity rights; 4.1.9. a solicitation of any personal or private information from any individual; 4.1.10. defamatory; 4.1.11. false, fraudulent or misleading; 4.1.12. spam, corrupt or containing Viruses; 4.1.13. off topic or unrelated to the Park; or 4.1.14. otherwise inappropriate for our social media communities.

4.2. Saraya, and its affiliates or partners, do not endorse and are not responsible for the accuracy of any remarks, opinions, comments, suggestions and other information expressed or included in user comments and posts on our social media pages. We are under no obligation to oversee, monitor or moderate any of our social media pages. You are solely responsible for the content of your comments and posts on our social media pages. The use of any of our social media pages by a minor is subject to the consent of their parent or legal guardian. 4.3. Should you find any content or comments posted on our social media pages which you believe is not in accordance with these Website Terms and Conditions then please report it to us here: [email protected]. Finally, please be aware that Saraya or its affiliates reserve the right to use, copy, distribute and/or disclose without compensation to you any content or comments that you post on our social media pages, including any ideas or information relating to the Park’s products. You represent and warrant that you own or have the necessary rights and permissions to use and exploit, and to authorise us to use and exploit, any content or comments that you post on our social media pages. You agree not to enforce any moral or ancillary rights in or to such content or comments against us or our authorised users. We are excited to have you in our social media community and we look forward to hearing your thoughts! 4.4. If you do not act in accordance with these Website Terms and Conditions, we will take such actions as we deem appropriate without notification including any or all the following:

4.4.1. deleting or hiding from view any posts or material uploaded by you; 4.4.2. reporting you to the social media site concerned; 4.4.3. banning you from accessing this Website and/or our social media pages in the future; 4.4.4. commencing legal proceedings against you; and 4.4.5. disclosing relevant information to law enforcement authorities.

5. Access to the Website and Security

5.1. The Website will have the facility to register and sign-in in order to purchase tickets to the Park. You accept sole responsibility for: (i) the security and proper use of all usernames and passwords (“User IDs”) used in connection with the Website (including maintaining and enforcing a robust password); (ii) all information uploaded to the Website during registration or your use of the Website including any of its features or services. You should take all necessary steps to ensure that User IDs are kept confidential, secure, are used properly and are not disclosed to any unauthorised persons. 5.2. We accept no responsibility for any loss or damage arising from the use of your User ID on the Website including any transactions made in connection with the information provided to us under your User ID. 5.3. You must contact us on [email protected] or at 00962 3202 1333 if you suspect that your User ID may have become known to an unauthorised person or may be used in an unauthorised way. 5.4. We reserve the right to suspend User ID access to the Website at any time and without notice if we suspect there is or is likely to be a breach of security or misuse of the Website or its services, and/or to require you change any or all of the passwords used in connection with the Website. 5.5. You acknowledge and agree that you are solely responsible for the information provided to us when registering to the Website and/or in connection with all transactions made via the Website.

6. Personal Data and Privacy

6.1. For further information on how and why we process your personal data in connection with the Website and its features or services, please review our Privacy Policy.

7. General Terms of Use

7.1. By using the Website and agreeing to these Website Terms and Conditions, you represent and warrant that you are at least 18 years of age. 7.2. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this Website meet your specific requirements. 7.3. We may change the Content of this Website and these Website Terms and Conditions (in whole or part) at any time and without prior notification at our sole discretion. You are expected to check this page from time to time to take notice of any such changes, as they are legally binding on you. 7.4. Certain software may be required to access or use this Website or (if applicable) to electronically open tickets purchased via this Website. Saraya will not be liable to any user for any loss or damage caused by such software or arising from any inability to access this Website or tickets which is related to such software. 7.5. We do not guarantee that our Website will be secure or free from bugs or Viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. 7.6. We assume no responsibility for the Content of websites linked on this Website or for any third party integrations. Such links or integrations should not be interpreted as endorsement by us of those linked websites or third party services. We accept no responsibility for third party websites, integrations or services and will not be liable for any loss or damage that may arise from your use of them. All copyright and trademarks accessible via any such links or integrations are owned by the respective website and software or service owners, or their licensors. 7.7. To the extent permitted by law, we exclude all express and implied warranties, representations and guarantees which may apply to this Website or any Content on it or any products available through it, including with respect to the accuracy, timeliness, performance, completeness or suitability of the products, information and materials found or offered on this Website for any particular purpose. 7.8. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY, ARISING IN CONNECTION WITH: (I) USE OF, OR INABILITY TO USE, THIS WEBSITE; (II) ANY DELAYED OR FAILED PURCHASE OR DELIVERY OF TICKETS; (III) USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THIS WEBSITE; OR (IV) ANY VIRUS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 7.9. You undertake to indemnify, protect, release, hold harmless and keep indemnified Saraya, its affiliates and their respective officers, directors, managers, employees and agents from and against all or any costs (including legal and professional costs and expenses), fees, claims, demands, suits, proceedings, actions, expenses, loss and damage arising from any use of this Website by you, any breach or non-compliance with applicable terms and conditions by you and any claims by any party related to or arising from the actual, intended or promised exchange, transfer or resale of tickets by you. All indemnified claims shall be defended or settled by Saraya or its affiliates. At the sole discretion of Saraya or its affiliates, you may be allowed reasonable participation in the defence of any such claims or settlement discussions. 7.10. Each paragraph of these Website Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 7.11. If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these Website Terms and Conditions. 7.12. You may not assign, sub license, sub contract, transfer or otherwise dispose of any of your rights or obligations under these Website Terms and Conditions without our prior consent. 7.13. These Website Terms and Conditions (together with any specific terms and conditions referred to within them) contain the whole agreement between us relating to your right to use the Website and supersede all previous agreements between us relating to it. You acknowledge that in agreeing to these Website Terms and Conditions you have not relied on any representation, warranty or other assurance except those set out in these Website Terms and Conditions. 7.14. The Website is made available free of charge. We do not guarantee that our Website, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 7.15. We may provide a translation of the English version of the Website and Website Terms and Conditions into other languages. Any translation of the Website and Website Terms and Conditions into other languages is for your convenience only and the English version governs the terms of your relationship with us. Furthermore, if there are any inconsistencies between the English version of the Website and Website Terms and Conditions and any translation, the English version of the Website and Website Terms and Conditions shall prevail. 7.16. Any promotions or discounts offered in connection with the Website or its services are at our discretion and are subject to any specific promotion or discount terms and conditions. We may amend or withdraw such promotions or discounts or their terms and conditions at any time.

8. Governing Law and Jurisdiction

8.1. The rights and obligations of the parties pursuant to these Website Terms and Conditions, all other policies and terms and conditions related to this Website and any dispute arising out of any of the forgoing are governed by, and shall be construed in accordance with, the laws of the Hashemite Kingdom of Jordan. 8.2. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Hashemite Kingdom of Jordan for any dispute rising under or relating to these Website Terms and Conditions and waive your right to institute any proceedings in any other jurisdiction.

9. Booking Terms and Conditions

Purchases on our Website are subject to the following Booking Terms and Conditions in addition to these Website Terms and Conditions, the Park Entry Terms and Conditions and the Product Terms and Conditions.

10. Definitions and Interpretation

10.1. The definitions in the Website Terms and Conditions apply in the Booking Terms and Conditions unless otherwise stated.

11. Pricing

11.1. Prices on the Website are subject to change and are not guaranteed. You will be charged the prevailing price at the time of booking your Product. 11.2. The booking page sets out the currency you will be charged in

12. Transaction

12.1. You must accurately enter all the information requested in the booking page. 12.2. When you complete a booking for a Product, you are making us an offer to purchase one of our Products. If we accept your offer, we will issue a booking confirmation and a legally binding contract will be formed between us which is non-revocable by either you or us except as set out in these Booking Terms and Conditions. 12.3. If you purchase a Product on behalf of other guests, you warrant and represent you have obtained their consent to purchase the Product and accept the Product Terms and Conditions and Booking Terms and Conditions on their behalf. 12.4. The Product Terms and Conditions and these Booking Terms and Conditions will be incorporated into any contract between you and us for the sale and purchase of a Product. No additional terms will apply unless we enter into a written agreement, signed by you and our authorised signatory.

13. Payment

13.1. You must pay for your Product in full at the time of making the booking, via credit or debit card. Payments will be charged in Jordanian Dinar. 13.2. If your payment is later declined, your booking will be cancelled without liability to us. You will need to contact your bank and then rebook a Product at the prevailing rates once the banking issue has been resolved. 13.3. All payments are non-refundable and may not be cancelled except as expressly stated in these Booking Terms and Conditions (see section 8). 13.4. The price you pay for your Product is inclusive of all taxes. 13.5. You may only purchase a Product with a valid credit or debit card issued in your name. You may be asked to show your credit or debit card to verify your identify when you redeem your Product.

14. Redeeming your Product

14.1. Once your Product is confirmed and paid in full in accordance with section 3.2 of these Booking Terms and Conditions, we will send the relevant tickets and vouchers to the email address you entered when you registered on our Website. 14.2. To redeem your Product, please present your e-tickets or vouchers, or a print out of all tickets and vouchers, at the Park gate, following the instructions set out on the tickets. 14.3. You will be required to show official government issued photo identification and the debit or credit card you paid with upon arrival. 14.4. Please note that all special requests are subject to availability and additional charges may apply.

15. Product Specific Terms and Conditions

15.1. Certain Products may be subject to special conditions or eligibility criteria; please read through the product description before your purchase and check the Product Terms and Conditions carefully.

16. Park Entry Terms and Conditions

16.1. By purchasing a ticket online you are deemed to have accepted the Park Entry Terms and Conditions. 16.2. Entry to in an experience is subject to the Park Entry Terms and Conditions available on the Website, and any Product Terms and Conditions.
16.3. Although we will endeavor to update you on closures and availability, please note that some features of the Park may not be available during your visit. Some rides and experiences are weather dependent or may need to be closed for maintenance, enhancement, due to an order of government or competent authority or for other business reasons.

17. Your responsibilities

17.1. You are solely responsible for: 17.1.1. All food and beverages during your visit, unless otherwise stated in the Product Terms and Conditions; 17.1.2. Travel arrangements and insurance; 17.1.3. Compliance with all health, travel and safety guidelines issued by government bodies or competent authorities; 17.1.4. If you are not already a citizen or resident of Jordan, please note that you may need a visa to enter Jordan, and it is your responsibility to obtain this. You are responsible for meeting all requirements with regard to lawful entry to Joran.

18. Feedback

18.1. If you experience any issues during your visit, we recommend that you approach a member of Park management immediately. 18.2. If you wish to discuss your booking prior to the dates of your visit, please contact [email protected].

19. Cancellation and Amendments

19.1. Your booking is individual to you, and the guests named in the booking. Only these guests may redeem the booking. Government issued photo ID may be required as proof of identity. 19.2. The tickets are non-exchangeable and non-refundable unless otherwise stated in the Product Terms and Conditions. These tickets are void if re-sold, transferred, altered or damaged.

20. Minors

You may be asked to submit official government issued photo ID proving the age of your fellow guests. Additional charges may apply if you have not complied with the relevant Product Terms and Conditions.

21. Privacy

Please review our Privacy Policy for information on how and why we process your personal data when you use the Website and make a booking.

22. Liability

22.1. To the extent permitted by law, we exclude all express and implied warranties, representations and guarantees which may apply to the Website or any content on it or any Products available through it, including with respect to the accuracy, timeliness, performance, completeness or suitability of the Products, information and materials found or offered on this Website for any particular purpose. 22.2. Our liability to you is limited to the price you paid for the Product. Our liability for indirect, special or consequential loss is excluded. 22.3. We do not limit liability for death or personal injury caused by our negligence.

23. General conditions

23.1. Notices You should send legal notices to Legal Department, Farah Experiences LLC, PO Box, 128717, Abu Dhabi UAE. 23.2. Right to Amend We may amend these terms and conditions at any time, by updating this page. We recommend you check for updates regularly. 23.3. Governing Law and Jurisdiction, The laws of the Hashemite Kingdom of Jordan apply to your purchase of the Product. If you have a dispute with us you must first give us notice of your dispute and engage in discussions to find amiable resolution for no less than one month following our receipt of your notice. Where such amicable discussions fail, you agree to submit to the exclusive jurisdiction of the courts of the Hashemite Kingdom of Jordan.