ASSUMPTION OF LIABILITY AND WAIVER TERMS
Super Park Asia Group Pte. Ltd. with its subsidiaries and affiliates including but not limited to SuperPark KL NO 1 sdn.bhd. ("SuperPark") makes available sporting and recreational services and facilities to you and minors in your charge subject to the terms set out below ("Terms"). The services and facilities provided include, but are not limited to, trampolining, skateboarding, baseball, cable slide, pedal car, basketball, climbing walls, gymnastics area, tube slide, ninja course and other sporting and recreational activities ("Services and Facilities") at the SuperPark location in Malaysia ("The Park"). Further details related to the Services and Facilities available at the Park may be found on our website at www.superpark.com.my
Assumption of risks
You understand and agree that use of the Services and Facilities are inherently risky and hazardous, and may result injury or death including cuts and bruises, falls, broken bones, strains, sprains, whiplash, bruises, abrasions, concussions, heart attack, heat exhaustion and permanent disability ("Risks"). SuperPark has taken all reasonable measures to ensure the proper construction and maintenance of its facilities and taken all reasonable precautions in providing its services, however, these Risks cannot be eliminated without jeopardizing the essential qualities of the Services and Facilities provided.
You knowingly and voluntarily accept and assume any and all Risks that may be suffered by you or minors in your charge from the use of the Services and Facilities at The Park.
Proper Use of Services and Facilities
You understand and agree that all Services and Facilities at The Park must be utilised in a responsible manner, in accordance with all signage as well as the directions and instructions of SuperPark and its staff, and with proper accord to your safety, the safety of minors in your charge and the safety of others ("Proper Use").
You are responsible for the proper care of your belongings and that of minors in your charge. Items such as phones and cameras may get damaged if they are used whilst participating any activities, and SuperPark shall not be liable for any loss or damage to any property (howsoever caused) while using the Services and Facilities.
Proper Health and Condition
You understand and agree that the use of Services and Facilities at SuperPark requires the user to be in a good physical condition and free from medical conditions that may prevent or affect the safe and reasonable use of the Services and Facilities ("Proper Health and Condition").
The Services and Facilities shall not be utilized by anyone not in Proper Health and Condition. SuperPark staff shall be notified in the event that there is reasonable belief that anyone at or arriving at the Park may not be in Proper Health and Condition.
Please seek medical advice if you are unsure if you are in Proper Health and Condition for the use of the Services and Facilities at The Park. Notwithstanding the generality of the above, pregnant women, customers with certain pre-existing health issues or persons in casts may be permitted to enter the Park but are not permitted to use the Services and Facilities.
You agree to pay the cost of and authorise SuperPark to take all steps it considers reasonably necessary to protect your welfare and the welfare of minors in your company in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
Duty to care and supervise
The use of Services and Facilities come with attendant Risks and anyone who uses the Services and Facilities (including minors) should be in Proper Health and Condition and only make Proper Use of the Services and Facilities. Furthermore, your actions, and the actions of minors at the Park can cause damage and injury to others at The Park.
Minors remain under the care and supervision of their parent or legal guardian, or a duly authorized agent of the parent or legal guardian while using the Services and Facilities in the Park.
You may be accompanied by minors at the Park. You represent and warrant that you are the parent or legal guardian of the minors in your company or duly authorized by the parent or legal guardian and assume the duty and obligations of the parent or legal guardian over the minors in your company.
Minors may be allowed to enter the Park without adult supervision if their parent or legal guardian gives written consent. SuperPark does not assume responsibility for the care and supervision of unaccompanied minors in the Park, who shall remain the responsibility of the parent or legal guardian.
Notwithstanding the generality of the above, any child aged 7 or below must be accompanied and supervised by a responsible adult aged 18 or above at all times.
You (as “Indemnifying Party”) shall indemnify, hold harmless, and defend SuperPark and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims (including any claim brought by or on behalf of a minor in your charge against SuperPark), actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to (i) breach or non-fulfillment of any obligations by you or any minors in your charge of these terms; (ii) any negligent or more culpable act or omission (including any reckless or willful misconduct) by you or any minors in your charge including but not limited to any breach of your duty to care and supervision of minors; (iii) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of you or any minors in your charge (including any reckless or willful misconduct); (iv) any failure by you or any minors in your charge to comply with any applicable laws, regulations, or codes in the use of Services and Facilities; or (v) unaccompanied minors at the Park where you have consented to their unaccompanied use of the Services and Facilities.
Waiver of Claims
To the fullest extent permitted by law, you hereby expressly agree to waive, relinquish, discharge, release and covenant not to sue SuperPark, its members, officers, directors, employees, advisors, agents, insurers and attorneys (collectively, the “Released Parties”) from any and all claims, demands, causes of action, judgments, rights, fees, damages, debts, obligations, expenses (including fees of legal representative(s)), losses and liabilities of any kind whatsoever, whether known or unknown, whether based in strict liability, negligence or otherwise (collectively, the “Claims”) that you may have against the Released Parties arising out of, or in any way related to your use of the Services and Facilities, save and except where such Claims are proven to be directly due to the negligence of SuperPark.
To the fullest extent permitted by law, you hereby expressly agree on behalf of any and all minors in your charge to waive, relinquish, discharge, release and covenant not to sue the Released Parties from any and all Claims they may have against the Released Parties arising out of, or in any way related to their use of the Services and Facilities, save and except where such Claims are directly due to the negligence of SuperPark.
All Services and Facilities at The Park are provided to you on the condition that you agree to and comply with these terms. If you fail to do so, SuperPark may suspend or cancel your access to recreational activities in its absolute discretion.
You represent and warrant that you are at least 18 years old, and have the full power, capacity and authority to enter into these Terms on your own behalf, and if applicable, on behalf of any minors in your charge as their parent, legal guardian or other duly authorized agent.
If any portion of these Terms are found to be void or unenforceable by Malaysia law, the remaining portion shall remain in full force and effect.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Malaysia. Each party irrevocably agrees that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms including its subject matter or formation.
We understand and appreciate that you are concerned about the way we collect, use and disclose personal information. We are committed to providing a high level of data protection in relation to all personal information that is collected by us.
Collection of Information
Information is collected from you primarily to make it easier and more rewarding for you to use our website and services. Depending on the service you are accessing, you could be asked to provide information such as your name, email address or information about what you like and do not like. It is entirely your choice whether to respond to these questions or not.
The second type of information that SuperPark collects is personal information. SuperPark will collect personal information that lets us know the specifics of who you are such as your name, email address, or postal address, when you provide it to us. With this information, SuperPark can provide a variety of personalised and enhanced services that are not available to anonymous users. We hope that you will find it beneficial to provide individually identifiable information about yourself to us because it will make our website and its services more relevant to you.
Sometimes, we may specifically ask for personal information about you when you sign up to use a service or make a purchase. Certain information may be required, such as your name, age, internet address or screen name, billing address, type of computer, credit card number, in order to provide that service or product to you.
How much of your personal information that you choose to disclose to SuperPark is completely up to you. The only way we know something about you personally is if you provide it to us, for example when you enter one of the competitions on our website or if you purchase something from us. In some circumstances, if you do not provide your personal information to us, we may not be able to provide our products or services to you. For example, if you purchase tickets via our website, in order to complete the transaction we will need to obtain your contact details and billing information.
Use of anonymous information
SuperPark automatically gathers anonymous information to monitor the use of our website like the numbers and frequency of visitors. For example, the following information may be logged for statistical purposes: your internet protocol address, the date and time of your visit to our site, the pages that you have accessed and the documents downloaded, and the type of browser you were using.
We only use such data in the aggregate. This collective data helps us determine how much our visitors use parts of the site, so we can make improvements and offer relevant information and services to as many users as possible. We may publish or provide this aggregate data to other people.
Cookies and other web tracking technologies
Tracking technologies such as cookies may be used on our website to recognize your browser each time you visit our site and to track the pages you visit. Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not personally identify you. If you do not wish to receive any cookies, you may set your browser to refuse them. However, your use of our website may be affected, for example, banner displays may not function properly.
Use of Personal Information
SuperPark may use the personal information you have chosen to provide us for the following purposes:
a. to administer and deliver services and products ordered by you;
b. to contact you about your order (for example, in the event of a cancellation);
c. to register a membership account with SuperPark;
d. to enable you to participate in games or competitions or to submit comments or make enquiries on our website;
e. to investigate and deal with complaints and to submit claims to our insurers where necessary;
f. to provide service update emails regarding the service and your SuperPark account;
g. to analyse and improve the website and services we offer – for example you may be asked to complete one of our online user satisfaction surveys;
h. to send you marketing emails or other materials, subject to receiving your consent (see below);
i. for promotional and marketing campaigns (see section on “Photographs and images” below);
j. to comply with any legal or regulatory obligations (whether applicable in or outside Malaysia) on or any of our affiliated companies; and/or
k. for any other directly related purposes.
l. will not use your personal information for any other purposes without your consent.
Any information we may collect from you will be treated with strict confidentiality. The Personal Data (Privacy) Ordinance places strict requirements on us to treat certain information collected as confidential.
There will be occasions where it will be necessary for SuperPark to disclose your personal information to third parties. SuperPark may be required to disclose your personal information in connection with the above purposes to the following classes of third parties:
other affiliated companies within the SuperPark group of companies with whom we share personal data for information management purposes;
banks and payment providers, to authorise and complete online payment transactions;
service providers, agents and contractors that support SuperPark Malaysia’s business, for example, IT service providers, marketing service providers and data analytics providers;
the police, regulatory authorities or emergency services; or
However, disclosure will only be made where it is necessary to fulfill the purpose for which you disclosed your personal information, or where it is required in the event of an emergency or to meet legal or regulatory requirements.
Otherwise than stated above, we do not disclose personal information that you may give us, such as your name, address, email address or telephone number, to any organisation or person outside SuperPark Malaysia, unless you have authorised us to do so, or unless we are required to do so by a law enforcement agency in relation to a suspected breach of any law.
Some of the third parties listed above may be located outside Malaysia, and your personal information may therefore be transferred outside Malaysia. We will take all reasonable precautions to ensure that your personal information, when processed in those countries, receives no less protection than it would under Malaysia law.
Photographs and images
Photography and filming may take place at the SuperPark venues and we intend to use the photographs and footage for security and for the purposes of complying with our legal obligations (e.g. to provide evidence in the event of an accident or theft) and for our worldwide marketing and promotional purposes. This may include (without limitation) posting photographs and footage on social media sites and using the material for online, TV and press advertising and the like.
Your image may appear in some photographs and footage at the SuperPark venue. We execute marketing campaigns on an international basis, so for the purpose of creating and executing our marketing campaigns, we may share your personal information with SuperPark affiliates in other countries and with service providers that support SuperPark with marketing, design, brand management, IT, website hosting and similar services. If your image is used in our marketing materials, it will be shared with a wide range of offline and online media channels and made publicly available.
We would like to use the personal information you provide to us, including your name, email address, phone number and postal address for direct marketing purposes. This may include keeping you posted about SuperPark services, inviting you to events, sending you offers and promotions, inviting you to take part in games or competitions, and providing other marketing materials about trampolining services and related activities that may be of interest to you. We may only do so if you have given your consent, and we will therefore ask for your consent before using your personal information in this way.
If you do consent, you may at any time withdraw your consent by using the unsubscribe link provided in our emails or by contacting us at the address provided below. If you unsubscribe, we will not contact you with marketing materials, although we may still contact you for other reasons e.g. in relation to your order or membership account.
No sale of Personal Information
Under no circumstances will SuperPark sell or receive payment for licensing or disclosing your personal information.
Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any personal information. Be responsible whenever you are online.
SuperPark operates secure data networks that are designed to protect your privacy and security. SuperPark has a Security Policy that explains how we protect your privacy and personal information.
Please note that our website does not provide systems for secure transmission of personal information across the internet, except where otherwise specifically stated. You should be aware that there are inherent risks in transmitting personal information via the internet and that we accept no responsibility for personal information provided via unsecured websites.
To the extent permissible by law, we will not be held liable for loss or damage arising from unauthorised access to your personal information or a breach of this policy whether or not such access or breach was caused by our negligent or willful act or omission or that of our employees or agents.
Access and Correction
The security of your information is important to us. The information we have collected about you cannot be seen or modified by anyone else. We make all reasonable efforts to ensure that information is stored securely both in electronic and physical form.
You have the right to access and seek correction of your information in accordance with the Personal Data Protection Act. You may contact us If you would like to know what information we hold about you or if you discover that there is an error or information is missing and you would like us to correct or update the information. We reserve the right to refuse access or correction of your personal data where permitted under the Personal Data Protection Act. For instance, where the request for access is frivolous or vexatious, or where we have reasonable grounds to think that a correction should not be made.
We will take reasonable efforts to ensure that all information we collect, use or disclose about you is accurate, complete and up-to-date.
Customer Service Manager
Complaints about privacy
If you have any complaints relating to online privacy issues on our websites, please notify us. While SuperPark accepts no liability for any material or links posted to the service, we will investigate all complaints.
© 2018 SUPERPARK Malaysia. All Rights Reserved.