1.†††††††† Acceptance of terms

1.1         The St. Ann Development Company (SADCo) is dedicated to ensuring the accessibility, privacy and security of the Dunnís River Falls & Park (DRFP) website. The following terms of use and statements form the terms of contract between the St. Ann Development Company and the user of the ticket sale website

 

1.2         The Dunnís River Falls & Park (DRFP) website is provided as a service to those who access it. The information offered is considered public and the generated ticket may be downloaded, printed and copied without any right to resell, redistribute or create derivative works. Use of the website is subject to the user agreeing to the terms and conditions outlined below.

 

1.3         The Terms, Conditions and Policies are entered into and agreed by and between the St. Ann Development Company and the user. If the user is using the website on behalf of his employer, the user represents that s/he is authorized to accept these terms, conditions and policies on the employerís behalf.

 

1.4         These Terms Conditions and Policies may be modified or amended from time to time without notice. The userís continued use of this Service thereafter constitutes an acceptance of the changes and an agreement to be bound by said changes. Any user, who does not agree to the changes, agrees to discontinue the use of the DRFP website. Modifications and/ or amendments are posted on the website. It is the responsibility of every user to check for amendments and/or modifications.

 

1.5         You agree that by commencing use of the DRFP website and subsequently beginning or continuing to use the site, you consent to be bound and become a party to this agreement. In addition, you agree to comply with any amendments to this agreement by continuing to use the services of this website after the amendment has been published on the site. The current and binding terms of this agreement are always set forth on this website.

 

2.            Usability

 

2.1         The information provided on this website should not be used as a substitute for any form of advice whether legal or otherwise.

 

2.2         Decisions based on information presented on the DRFP Website are done on the userís own account and at the userís own risk. Use of this website to jeopardize its functioning and/or affect the information provided on this website or the underlying software is strictly prohibited.

 

3.            Content

 

 

3.1         The DRFP intends to maintain current and accurate information on its website. There may be occasions however, where information becomes temporarily outdated pending ticket price changes and posting of relevant updates. Consequently, the DRFP cannot expressly warrant the accuracy of its website content on a daily basis.

 

3.2         The DRFP reserves the right to change the information on the website and/or the products mentioned at any time without notice.

 

3.3         The DRFP website contains links to other Websites. The DRFP is not responsible for the privacy practices, services, or information residing on those independent websites.

 

3.4         Website/page design, HTML coding, interactive Web applications, scripts, and/or custom Website graphics and certain photographs are NOT public domain and require expressed permission from the DRFP for use and/or implementation on any other Website that is not maintained by the DRFP.

 

4.            Terms of Sale

 

4.1         All tickets purchased online are non-transferable and non-refundable regardless of the circumstances.

 

4.2         The tickets can be collected from any cashier at the DRFP ticket office. The guest MUST present the confirmation letter generated at the end of the online transaction in order to redeem tickets.It is the responsibility of the guest to secure this letter prior to redemption. Dunnís River Falls & Park will not be held responsible for any fraudulent redemption of tickets.

 

4.3         The resale of tickets is strictly prohibited. Dunnís River Falls & Park reserves the right to cancel any tickets that have been resold.

 

4.4         Children under three (3) years old are allowed free admission to the park. DRFP reserves the right to request confirmation of the age of the child.

 

4.5         Senior Citizens over the age of seventy (70) years old can purchase tickets at the discountedprice Child ticket price) upon showing a valid ID.

 

4.6         Guests are not allowed to enter the park with weapons. The use of any weapons and/or ammunition is strictly prohibited on the premises and any guest acting in contravention of this rule will be escorted off the property and the appropriate legal action taken at the discretion of DRFP. There will be no ticket refunds.

 

4.7         Disorderly conduct is strictly prohibited on the property. Any guest acting in contravention of this rule will be escorted off the property. There will be no ticket refunds.

 

4.8         DRFP will not be held responsible for loss or damage to any electronic equipment (cameras, phones etc.) that are taken on the falls by a guest.

 

4.9         DRFP reserves the right to close the park due to adverse weather conditions, dangerous situations, or any other cause beyond its reasonable control without advanced notice. Guests will be compensated at the discretion of the SADCo. Management team.

 

4.10      The guest agrees to submit to any search for any prohibited items including but not limited to weapons, controlled, dangerous and illegal substances.

 

4.11      DRFP assumes or accepts no liability for any†† damage to property, death, personal injury, loss or other damage howsoever caused or experienced.

 

4.12      Guests under 18 years of age are not allowed to purchase tickets/merchandises from our website. By transacting on our website, purchaser certifies that purchaser is at least 18 years of age and understands and accepts these conditions of use.

 

 

4.13      The Information collected from the guest is used solely for the purpose of facilitating ticket purchases or for any other services available and is used in accordance with our Privacy Policy (Clause 5 below), which forms part of these conditions.

 

4.14      Complaints should be submitted to the St. Ann Development Company using any of the following methods:

 

         Email our management offices at sadco@udcja.com

         Email the park at dunnsriver@udcja.com

         Call us at (876) 656-9022

         Send a letter to the following address

 

St. Ann Development Company

Ocean Village Shopping Centre

St. Ann

Jamaica

 

 

5.            Privacy

 

5.1         The DRFP may have information related to your past use of DRFP products and services. This may include personal information like your name, address, email address, or phone number, and such information is not otherwise publicly available. The DRFP is fully committed to the privacy of your information.

 

5.2         We will never sell, barter, or rent your email address or other personal contact details to any unauthorized third party.

 

5.3         We reserve the right to occasionally update statements regarding or in relation to user privacy in order to reflect changes in our services and customer feedback.

 

5.4         We may collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and will not share your personal information with any other party or entity. Information that does not personally identify you may periodically be used in other ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services to learn which pages are visited most or what features are most attractive.

 

 

6.            Security

 

6.1         Our web site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Only employees with the requisite privileges have access to the information you provide us. They have access only for data analysis and quality control purposes. The Certification Authority Verisign, also certifies this site; our customers communicate securely using the Secure Sockets Layer (SSL - 128bit) technology, the standard for secure communications on the Web.

 

 

7.            Information Sharing and Disclosure

 

7.1         We may use your information to send you advice on products or services offered by DRFP and to send you relevant survey invitations related to the DRFP services

 

7.2         DRFP does not rent, sell, or share personal information about you with other people or legal personas, except to provide products or services you have requested, when we have your permission, or under the following circumstances:

         to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

         in compliance with the guidelines of the Jamaican Access to Information Act, July 2005

         to share information in order to investigate, prevent, or take action regarding illegal operation.

         In relation to activities of suspected fraud, potential threats to the physical safety of any person, violations of DRFPís terms of use, or as otherwise required by law.

 

8.            Transaction security

 

8.1         We aim to provide a safe and convenient online shopping experience. When you make a purchase using the DRFP website, we endeavour to safeguard the integrity of your credit card information.

 

8.2         If you are submitting personal details including credit card numbers, or other information over the Internet which you wish to remain private, we wish to caution youof the risk that, while all attempts are made to secure information transmitted to this website, there is the possibility that information submitted maybe viewed and/or detected by a third party while in transit.

 

 

8.3         If you are uncomfortable doing business online you may make your payment at the Dunnís River Falls & Park office inSt. Ann, Jamaica Our Customer Service Representatives will be happy to assist you.

 

9.            Service Provided ďAs-IsĒ

The DRFP cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or personalization settings, or other service interruptions. For this reason, you agree that the Service is provided "As-Is", without warranties of any kind. We do not assume responsibility for timeliness, errors or inaccuracies, deletion, missed delivery, or failure to store any user data, communications or personalized settings. 

 

10.         Errors and Questions

In case of errors or questions about any transaction, a user should notify us as soon as possible via one of the following:

         Email our management offices at sadco@udcja.com

         Email the park at dunnsriver@udcja.com

         Call us at (876) 656-9022

         Send a letter to the following address

 

St. Ann Development Company

Ocean Village Shopping Centre

St. Ann

Jamaica

 

Any user, who verbally contacts the DRFP, may be required to send his/her complaint in writing. The DRFP will respond to customer service queries within two(2) business days of receipt of the query/complaint.

 

11.         Refund Policy

 

11.1      We do not offer refunds. Customers should note that payments once received will be considered final, and will not be refundable.

 

11.2      We may give a refund if your credit card has been charged a sum in excess of the ticket price. However, refunds are given only at the discretion of the St. Ann Development Company. You must provide evidence to substantiate your claims for a refund. You must supply all the information requested by us to investigate and/ or facilitate the determination of a refund.

 

11.3      All requests to negate charges are investigated by our technical and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, affect your credit report, and exposure to possible criminal charges .

 

11.4      THERE ARE NO EXCEPTIONS TO THIS CANCELLATION POLICY.

 

11.5      The St. Ann Development Company reserves the right to modify this Refund Policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting. You agree to periodically review these terms and conditions. It is your obligation to review our refund policy for any revisions.  

  

 

12.         Disclaimer


12.1 EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN THE USER AND THE ST. ANN DEVELOPMENT COMPANY, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SADCo, THE GOVERNMENT OF JAMAICA, ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THOSE OF ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. SADCo, THE GOVERNMENT OF JAMAICA AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTIAL OR PUNITIVE DAMAGES INCLUDING ANY LOSS OF PROFIT EVEN IF THE SADCo, THE GOVERNMENT OF JAMAICA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



13.         Indemnity

 

13.1      The user agrees to indemnify and hold the SADCo, the Government of Jamaica, affiliates, officer, agents, co-branders or other partners, and employees, harmless from any claim or demand including claims for attorneys fees, made by any third party due to or arising out of the use of the Site, connection to the Site, violation of the Terms and Conditions, or violation of the rights of another, or violation of any copyright law or infringement of any kind or any other applicable laws.

 

14.         Improper Uses

 

14.1      Users agree not to use the Service for illegal purposes or for the transmission of material that is or may be unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, obscene, or that infringes the rights of others. SADCo may immediately discontinue the Service if it believes you are acting in any way contrary to this provision.

 

15.         No Resale Of Service

 

15.1      The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

15.2      The user hereby acknowledges the Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws.

15.3      The user agrees not to access the site by any means other than through the interface that is provided by the St. Ann Development Company.

 

16.         No Waiver

 

16.1      The failure of the St. Ann Development Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any of the Terms and Conditions herein are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the other Terms and Conditions remain in full force and effect.

 

16.2      The Title headings for these Terms and Conditions are for convenience only and shall have no legal or contractual effect.

  

17.         Copyrights and Trademarks

 

17.1      We authorize you to view and download the materials in this Website only for your personal and non-commercial use, provided that you retain all copyright, trademark and other proprietary notices foundin the original materials on any copies thereof. 

 

17.2      You cannot modify the materials in this website in any way or reproduce or publicly display, distribute or otherwise use them for any public or commercial purpose.  Any use of these materials on any other website or networked computer environment for any purpose is strictly prohibited. 

 

17.3      The materials in this website are under copyrightand may contain our trademarks, and any unauthorized use of any materials in this website may violate applicable copyright, trademark, and other laws.

 

17.4      If you breach any of these Terms of Use, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials.

 

18.         Force Majeure

 

18.1      Users agree that the Dunnís River Fall & Park is not responsible for delays, damages or failures in performance due to causes beyond SADCoís reasonable control including but not limited to acts of government bodies, acts of God, acts of third parties, floods, other weather related incidents, strikes or labour related disturbances or an inability to obtain equipment or services.

 

 

 

19.         Disputes

 

19.1      If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed mediator. Any costs and fees other than attorney fees associated with the mediation will be shared equally between the parties..

 

19.2      If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to arbitration in accordance with the laws of Jamaica. The choice of the Arbitrator is to be the joint decision of the parties to the dispute. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

 

19.3      20. Jurisdiction

19.4      The laws of Jamaica shall apply in the interpretation of the Terms and Conditions herein and both parties agree that the Courts in Jamaica will have sole exclusive jurisdiction in any legal matter arising therefrom.