TERMS AND CONDITIONS
This document is an electronic record published in accordance with the Information Technology Act, 2000 and rules made there under for access or usage of www.imagicaaworld.com website.
User agrees to adhere to the terms and conditions (“Terms of Use“) relating to the use of www.shirdi.wetnjoy.in (“Website“).
This Website (www.shirdi.wetnjoy.in) is owned and registered by IMAGICAAWORLD ENTERTAINMENT LIMITED (Imagicaa), a company duly existing and incorporated under the provisions of Indian Companies Act, 1956, and having its registered office at 30/31, Sangdewadi, Khopoli-Pali Road, Taluka: Khalapur, District: Raigad, PIN: 410 203, Maharashtra, INDIA and, its corporate office at 201, 2nd Floor, Landmark Building, Opp. Infiniti Mall, New Link Road, Andheri West, Mumbai 400 053, Maharashtra, INDIA, (Company Identification Number: L92490MH2010PLC199925).
Website information All information available on the Website is provided without any liability whatsoever to the Company. The information on this Website is merely to provide information on the present facilities and activities at our parks respectively and the rules and regulations prescribed for use of the facilities made available therein The User is bound and responsible for use of any services provided on the Website, including reviews, and is subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which form an integral part of these Terms of Use. Certain information on the Website, at times, may be incorrect and the Company does not provide any express or implicit guarantee as to its correctness.
The Company reserves the right, in its sole discretion, to modify the information at any time and in particular when up-dating or for maintenance purposes of the Website. The User shall be responsible to check these Terms of Use periodically for changes. Continued use of the Website following the posting of changes will mean that the User expressly accepts and agrees to the changes. The Company grants such User a personal, non-exclusive, non-transferable and limited right to use the Website.
The Company does not guarantee that the information on the Website complies with your local legislation, if the User has chosen to access the Website from a different location other than India.
Membership Eligibility The User represents he is a person who can form legally binding contracts under Indian Contract Act, 1872, and is not incompetent to contract, and neither a minor, nor an un-discharged insolvent, etc. If a minor, i.e., below 18 years of age, the User must not register himself with us and must not transact or use the Website. The Company ’ retains the right, in its sole discretion, to terminate the User’s membership and / or repudiate access to the Website, at any time, if it notices or it discovers that the User is incompetent to contract as provided under the Indian Contract Act, 1872. Especially for minors, The Company encourages parents and guardians to spend time online to participate in the interactive activities offered on our Website.
User Responsibility The User shall alone and entirely be responsible to maintain the confidentiality and not reveal his User ID and Password and all activities that occur under his User ID and password and also transaction ID. The User agrees to provide any information required by the Company, to be correct, accurate, current or complete and in accordance with the Terms of Use of this Website. In the event the Company have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, the Company reserve the right to indefinitely suspend or terminate or block access to the Website to such User/s. No Guarantees The Company does not guarantee that the information and facilities available on the Website will be provided without any interruptions or errors or the server making the Website available is free from viruses or other dangerous element.
Electronic Communications The User agrees and understands that he is communicating with the Company through electronic mode / medium and consents to receive communications via electronic mode / medium from the Company periodically and as and when required. The Company may communicate with the User by e-mail or by such other modes of communication, electronic or otherwise as it deems fit.
Use of Website The User agrees, undertakes and confirms that his use of Website and information published by him, if any, must not:
• Belong to another person and to which he does not have any right to;
• Be grossly harmful, harassing, blasphemous, immoral, unethical, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the indecent representation of women (prohibition) act, 1986 and/or any subsequent amendments therein;
• Be misleading in any way;
• Be patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harass or advocate harassment of another person;
• Involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, “phishing” or “spamming”;
• Promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• Infringe upon or violate any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including unauthorized disclosure of a person’s name, e-mail address, postal address or phone number) or rights of publicity];
• Promote an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint on unauthorised use of copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Contain restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• Contain video, photographs, or images of another person (with a minor or an adult) which are offensive in any way;
• Try to gain unauthorized access or exceed the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• Engage in commercial activities and/or sales without the Company ’ prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the website;
• Solicit gambling or engage in any gambling activity which the Company , in its sole discretion, believes is or could be construed as being illegal;
• Interferes with another user’s use and enjoyment of the website or any other individual’s user and enjoyment of similar services;
• Refer to any website or URL that, in the Company’ sole discretion, contains inappropriate material for the website or any other website, and contains content which prohibits or violates the letter or spirit of these terms of use.
• Harm minors in any way;
• Infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
• Violate any law for the time being in force;
• Deceive or mislead the addressee / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• Impersonate another person;
• Contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• Be false, inaccurate or misleading;
• Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
• Create liability for us or cause us to lose (in whole or in part) the services of the Company internet service providers (ISPS) or other suppliers.
Intellectual Property Rights All information containing trade mark, copyrights including text, graphics, interface, logos, design, frames, sounds music, drawings, expression, etc., is the property of the Company and in no event its disclosure be interpreted as granting the User a license or right to use any of it. In the event of any such use the same shall be constituted as an infringement under the applicable laws.
Except, as expressly provided in the Terms of Use, no part of the Website and none of its content must be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
The User may use information on the products and services available on the Website for downloading, provided that he (1) does not remove any proprietary notices on such documents; (2) uses such information only for personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media; (3) makes no modifications to any such information, and (4) does not make any additional representations or warranties relating to such documents.
Other Businesses
The Company disowns and disclaims all liability for the actions, products, information and services on the Website, which are linked to affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, The Company assumes no responsibility for examining or evaluating the products and services offered by them. No warranty for the offerings, any of these businesses or individuals or the content of such third party website(s) is given by the Company. Further, the Company does not endorse, in any way, any third party website(s) or content thereof.
Privacy the Company understands privacy concerns of the User and protection of his personal information is of utmost priority and significance. The Company stores and secures all personal information so collected as defined under the Information Technology Act, 2000, on computers that may be protected by physical and reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and Rules made there under. Our current Privacy Policy is available at www.shirdi.wetnjoy.in/privacy-policy. Should the User object to such Information being transferred or used in this way, he is advised not to use this Website.
DISCLAIMER OF WARRANTIES AND LIABILITY The materials on this website are provided on “AS IS” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. Although due to security measures & technological precautions are put in place, the Company do not warrant that the functions contained in the materials will be uninterrupted or error-free, that the materials will meet your requirements, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components or that confidentiality of information transmitted through the website will be maintained. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability or otherwise.
Disclaimer of Language Translation Computerized translations (Google Translator) are only an approximation of the website’s original content. The Company does not guarantee the accuracy, reliability, or timeliness of any information of computerized translations. In addition, some applications, files, or items cannot be translated, including photos, videos or documents. Automated translations are not intended to replace human or traditional translation methods. If any questions arise concerning the accuracy of the information presented by the translated version of the website, the original version takes precedence.
Personal Details The User must provide correct postal address, email ID and a valid phone number while placing an order on the Website. By registering with the Company, the User consents to be contacted by the Company via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. The Company reserves the right to send promotional SMS, emails and notifications to Users about various offers/activities of the Company, its affiliates or business partners.
Services and Payment While utilising any of the payment methods available on the Website, the Company does not assume responsibility or liability whatsoever, in respect of any loss or damage that may arise directly or indirectly to the User due to:
• Lack of authorization for any transaction/s, or
• Exceeding the pre-set limit mutually agreed by the User and his “Bank/s”, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s.
All payments made against the purchases / services on Website by the User shall only be accepted in Indian Rupees.
While placing an order / accepting delivery of an order, the User must provide supporting valid photo ID document to establish the ownership of the order as also identity of the person making the payment, if any, for safe online shopping environment to Users.
Cancellations / Refunds Cancellations of entry tickets are NOT permitted, once booked online or from the ticket counter. No refunds are permitted for full or partial cancellations prior to the intended date of visit. Partial cancellations or modifications are not permitted. No refunds are admissible on cancellation or alteration of vehicle bookings and add-ons.
Breach In case of breach of the Terms of Use or Privacy Policy or other rules and regulations, the Company may limit activity of the User, immediately remove his information, warn other Users of his actions, temporarily / indefinitely suspend or terminate or block his membership, and / or refuse the User access to the Website, in addition to the other remedies available to the Company under the law, or the Company failure to verify or authenticate any information provided by the User; or if it is believed that actions of the User may cause legal liability for him, other users or the Company . The Company may, at any time, in its sole discretion reinstate access to suspended User/s. A User who has been suspended or blocked may not register or attempt to re-register or use this Website in any manner whatsoever until such time that such user’s access is reinstated by the Company. Notwithstanding the foregoing, the Company reserves the right to recover any amounts due and unsettled by the User, if any, and take strict legal action including referring such matter to the appropriate police or other authorities for initiating criminal or other proceedings against the User.
Indemnity The User shall indemnify and hold harmless the Company, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand or actions, including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of breach of these Terms of Use and Privacy Policy by him, or violation of any law, rules or regulations or the rights of a third party or any other User.
Applicable Law This Agreement shall be governed by and interpreted and construed in accordance with the laws of India and shall be submitted to the exclusive jurisdiction of the courts at Mumbai.
Copyright complaint Imagicaa(Wet’nJoy) values others’ intellectual property. In case the User finds that his work has been copied in a way that constitutes copyright infringement, he may please write to Imagicaa(Wet’nJoy) contactus@wetnjoy.in.
Risk of loss All items purchased on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the User upon delivery to the carrier.
LIMITATION OF LIABILITY Use of this website is entirely at the user’s own risk. Imagicaa(Wet’nJoy) has provided this website and any information and content herein, strictly on “AS IS” basis without any express warranties. Further, to the fullest extent permitted by applicable law, Imagicaa(Wet’nJoy) excludes all liability for any direct, indirect, incidental, special or consequential damages, including damages for loss of profits, goodwill, use, data or other intangible losses resulting from (1) the use or the inability to use this website; (2) the cost of procurement of substitute goods and / or services resulting from any goods or services purchased or obtained or transactions entered into through or from this website; or (3) unauthorized access or alteration of the users transmissions or data, even if Imagicaa(Wet’nJoy) has been advised of the possibility of such damages. The User further agrees that Imagicaa(Wet’nJoy) is not responsible or liable to user for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of others’ rights, including intellectual property rights, occurring on or through this website. If the user is dissatisfied with the use of this website or the materials available on it or with the terms of use, the user’s sole and exclusive remedy is to discontinue using the website. Without limiting any other provision of the terms of use, to the extent that any warranty of liability cannot be excluded, Imagicaa(Wet’nJoy) total liability is limited: to (1) the supply of the services / products provided herein and / or (2) payment of the cost towards services / products supplied.
Our Contact Please send any questions or comments regarding this Website to contactus@wetnjoy.in
Grievance Officer In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Ashok Jerurkar
IMAGICAAWORLD ENTERTAINMENT LIMITED
Wet’nJoy Waterpark, Shirdi
Opposite to Saiteerth Theme Park,
Shirdi, Maharashtra 423109
Phone: +91 77739 65008
E-mail: Ashok.Jerurkar@Imagicaaworld.com
