Terms & Conditions

Effective Date: January, 2025

Introduction

Welcome to Nelo’s Farmyard and Adventure! These comprehensive Terms and Conditions (“Terms”) constitute a legally binding agreement governing your access to and use of our website, the purchase of tickets, and your visit to our premises. By accessing our website, purchasing tickets, entering, or otherwise utilizing any services or facilities at Nelo’s Farmyard and Adventure, you (“the Visitor,” “you,” “your”) unequivocally agree to be bound by these Terms, our distinct Indemnity Policy, and our Privacy Policy, all of which form an integral and inseparable part of this agreement. Should you disagree with any provision herein, you are expressly prohibited from purchasing tickets, entering our Premises, or utilizing our services.

These Terms and Conditions meticulously define the mutual rights, obligations, responsibilities, and liabilities between Nelo’s Farmyard and Adventure (Registration Number: [Insert Nelo’s Registration Number, if applicable], a duly registered entity under the laws of the Republic of South Africa, with its principal place of business at [Insert Nelo’s Physical Address], and contactable via [Insert Nelo’s Contact Number and Email Address], hereinafter referred to as “Nelo’s,” “we,” “us,” or “our”) and any individual, group, or entity accessing our website, purchasing tickets, or physically present on or utilizing our Premises and Activities.

Definitions

  • “Activities”: Encompasses all attractions, rides, play areas, facilities, equipment, interactive experiences, services, and amenities provided, operated, or made available by Nelo’s on its Premises, including, but not limited to, Go-Karts, Quad Bikes, Zip-lining, all forms of play equipment (soft play, wooden jungle gyms, doll houses, plastic jungle gyms, slides, inflatable trampoline, obstacle jumping castles), petting zoo, swimming pools (including baby pools), and the water park.

  • “Agreement”: Refers collectively to these Terms and Conditions, the Indemnity Policy, and the Privacy Policy.

  • “Booking”: A confirmed purchase of tickets or arrangement for a group/school visit to Nelo’s Farmyard and Adventure.

  • “Intellectual Property”: Includes all patents, copyrights, trademarks, trade names, service marks, logos, designs, domain names, moral rights, trade secrets, know-how, and all other intellectual property rights, whether registered or unregistered.

  • “Indemnity Policy”: The separate, comprehensive legal document outlining the acknowledgement of inherent risks, assumption of full responsibility, and the explicit waiver and release of liability by the Visitor, which is binding upon acceptance of these Terms.

  • “Minor”: Any person who has not yet attained the age of eighteen (18) years.

  • “Premises”: Denotes the entirety of the land, buildings, structures, facilities, and areas owned, leased, or operated by Nelo’s Farmyard and Adventure where Activities are conducted.

  • “Privacy Policy”: The separate document detailing Nelo’s’ practices concerning the collection, processing, storage, protection, and disclosure of personal information, strictly in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).

  • “QR Code Ticket”: A unique, machine-readable digital code generated and issued by Nelo’s upon successful payment for a ticket, serving as sole proof of valid entry.

  • “Website”: Refers to the official Nelo’s Farmyard and Adventure website, located at its primary domain and all sub-domains.

  • “Yoco”: The designated third-party payment gateway service provider facilitating secure payment transactions for Nelo’s.

Acceptance of Terms

By proceeding with the purchase of tickets, accessing our Website, entering the Premises, or engaging in any Activities provided by Nelo’s, you explicitly and irrevocably acknowledge that you have read, comprehended, and give your full and unreserved assent to these Terms and Conditions in their entirety. Should you dissent from any provision contained herein, your sole recourse is to refrain from purchasing tickets, entering the Premises, or utilizing our services. If you are accepting these Terms on behalf of a Minor, you warrant that you are the legal parent or guardian and possess full legal authority to bind such Minor to these Terms. Your acceptance on their behalf constitutes their binding agreement to these Terms.

Operating Hours & Access

General Public Operating Hours:

  • Saturdays: 11:00 AM – 6:00 PM

  • Sundays: 11:00 AM – 6:00 PM

  • School Holidays & Public Holidays (as gazetted in the Republic of South Africa): Open every day during these specified periods from 11:00 AM – 6:00 PM.

Special Bookings (Thursdays & Fridays):

  • Nelo’s Farmyard and Adventure is strictly closed to the general public on Thursdays and Fridays.

  • Pre-arranged Group Bookings and School Excursions are exclusively facilitated on Thursdays and Fridays from 11:00 AM – 6:00 PM. All such bookings require prior arrangement and confirmation directly with Nelo’s management.

  • Nelo’s is completely closed on Mondays, Tuesdays, and Wednesdays, with the sole exception of officially gazetted public holidays or school holidays falling on these days.

Last Entry: The absolute last permissible entry to the Premises is strictly one (1) hour prior to the stated closing time. No entry will be permitted after this time.

Changes to Hours & Closure: Nelo’s explicitly reserves the absolute right, at its sole and unfettered discretion, to modify operating hours, suspend or close specific Attractions or Activities, or close the entire Premises due to, but not limited to, unforeseen circumstances (e.g., severe adverse weather conditions, natural disasters, national emergencies, public health crises, maintenance requirements, technical malfunctions, insufficient staffing, safety concerns, or private events) without prior notice or any obligation for compensation or refund. Visitors acknowledge and accept that such circumstances may arise and shall not hold Nelo’s liable for any resulting inconvenience or loss.

Ticket Purchase & Booking

Online Purchase: All tickets for entry and Activities must be purchased securely through our official Website or on-site at designated points.

Required Information: During the ticket purchase process, whether online or on-site, you are mandated to provide complete, accurate, and truthful personal details, including, but not limited to, full name, age, email address, contact phone number, gender, and race. This information is indispensable for booking management, emergency contact protocols, internal statistical analysis (which may involve aggregated demographic data for service improvement), and strict compliance with our Privacy Policy and POPIA.

Consent Checkboxes: Prior to completing any ticket purchase, you are legally required to:

    • Actively tick a designated checkbox confirming your explicit acknowledgment and agreement to these Terms and Conditions. This checkbox is mandatory.

    • Actively tick a designated checkbox confirming your explicit acknowledgment and agreement to our Indemnity Policy, and specifically confirming your understanding that you will not hold Nelo’s Farmyard and Adventure liable for any damage, injury, loss, or death sustained on the Premises. This checkbox is mandatory.

    • You will be presented with a clear option (via radio buttons, ‘Yes’ or ‘No’) to provide or withhold your consent for the use of photographs and video recordings featuring you and/or your Minor child(ren) for Nelo’s marketing and promotional purposes. This consent is entirely optional and your decision will not impact your entry or access to services.

QR Code Tickets: Upon the successful and verified receipt of payment, a unique, non-transferable QR Code Ticket will be electronically generated and dispatched to the email address provided during the purchase process. This QR Code Ticket serves as the SOLE and indispensable proof of valid entry. It is the Visitor’s sole responsibility to ensure the security and accessibility of their QR Code Ticket (whether on a mobile device or printed) and to present it for scanning upon entry. Nelo’s shall not be liable for any loss or inconvenience arising from the loss, theft, or damage of your QR Code Ticket.

Activity Restrictions & Compliance:

    • Go-Karts: Participation is strictly subject to clearly displayed height restrictions and specific safety rules. These rules are non-negotiable and failure to meet requirements or adhere to rules will result in prohibition from participation.

    • Quad Bikes: Independent operation is strictly limited to riders aged 12 years or older. Minor children below 12 years of age may only ride as a passenger with a fully consenting adult (aged 18+) operator, and this is done entirely at their own risk. Nelo’s explicitly accepts no liability whatsoever for any incidents, injuries, damages, or loss arising from such participation, whether by the minor or accompanying adult.

    • All participants in any Activity must rigorously adhere to all specific safety instructions, guidelines, and verbal directions issued by Nelo’s staff, supervisors, or signage. Non-compliance will result in immediate prohibition from the Activity and potential expulsion from the Premises without refund.

Pricing, Payments & Discounts

Ticket Structure: General Entry is levied per person. Specific Activities (e.g., Go-Karts, Quad Bikes, Zip-lining) are priced and purchased as separate, supplementary passes or per-ride options, distinct from the General Entry fee.

Currency: All quoted prices and all payments are to be rendered exclusively in South African Rand (ZAR).

Payment Gateway: All online payment transactions for tickets, as well as on-site payments for restaurant and tuck shop services, are processed securely via Yoco. You agree to adhere to Yoco’s terms and conditions during the payment process.

Payment Confirmation: All Bookings and purchases are deemed confirmed and valid only upon successful and verifiable receipt of the full payment amount by Nelo’s. 6.5. Discounts & Promotions:

  • Nelo’s may, from time to time and at its sole discretion, offer promotional discounts or special offers.

  • All discounts and promotions are subject to specific terms and conditions which will be clearly stipulated at the time of the offer. These may include, but are not limited to, validity periods, specific purchase requirements, age restrictions, and non-combinability with other offers.

  • Discounts are non-transferable, non-exchangeable for cash, and cannot be applied retrospectively to past purchases.

  • Nelo’s reserves the right to modify, suspend, or terminate any discount or promotion at any time without prior notice. Abuse of discounts or promotions may result in the invalidation of tickets/purchases and/or refusal of entry.

Refunds & Returns Policy

General Policy: Save for explicit provisions to the contrary herein, all tickets purchased for entry to Nelo’s Farmyard and Adventure and for participation in Activities are strictly non-refundable and non-transferable.

Cancellations by Nelo’s: In the exceptional and rare event that Nelo’s is compelled to effect a full closure of the entire Premises due to unforeseen circumstances (e.g., severe extreme weather, national disaster, government directive, or critical operational failure) which entirely prevents access or safe operation for the entirety of the specific booked date, Nelo’s may, at its absolute and sole discretion, offer an alternative booking date for the same value or a credit voucher for future use. Under no circumstances will cash refunds be provided for such instances.

No Refunds For: Absolutely no refunds, partial or full, will be issued for:

    • Any change of mind, personal circumstances, or inability of the Visitor to attend on the booked date.

    • Expulsion from the Premises or prohibition from Activities due to the Visitor’s non-compliance with these Terms, Nelo’s rules, regulations, safety guidelines, or staff instructions, or due to inappropriate/disruptive conduct.

    • The temporary or permanent closure of specific individual Attractions or Activities due to routine maintenance, unscheduled technical issues, safety concerns, or capacity limits, provided that other Attractions remain operational and accessible.

    • Failure by the Visitor to produce a valid QR Code Ticket or proof of purchase upon demand.

    • Any claims of dissatisfaction with the experience or services provided.

Requesting a Refund/Change: Any and all requests for refunds or booking changes based on exceptional, extenuating circumstances not covered by the general non-refundable policy must be submitted in writing to bookings@nelosadventure.co.za within seven (7) calendar days of the originally affected booking date. Such requests must be accompanied by full, verifiable details and all relevant supporting documentation. The final decision on any such request rests solely and entirely with Nelo’s management, and their decision shall be final and binding.

Rules of Conduct & Safety

General Conduct: All Visitors are obligated to conduct themselves in a responsible, courteous, and safe manner at all times whilst on the Premises. Behaviour that is disruptive, offensive, abusive, or poses any risk to the safety, enjoyment, or well-being of other visitors, staff, or animals will not be tolerated.

Supervision of Minors: It is an absolute and non-delegable requirement that all Minors must be directly and actively accompanied and supervised by a responsible adult (aged eighteen (18) years or older) at all times. Nelo’s staff members are explicitly NOT responsible for the direct supervision or care of children. 8.3.

Activity-Specific Rules: Visitors MUST strictly adhere to all specific rules, instructions, warnings, and safety briefings provided by Nelo’s staff, Activity operators, or prominently displayed signage for each and every Activity. Failure to comply with these directives will result in immediate prohibition from the Activity and may lead to expulsion from the Premises without any right to refund.

Prohibited Items: The following items are strictly and absolutely prohibited on the Premises: weapons (of any kind), illegal substances, illicit drugs, personal alcohol (unless explicitly purchased from and consumed within designated, licensed areas operated by Nelo’s), glass containers, sharp objects, external braai equipment, pets (other than certified service animals), and any other items deemed dangerous, disruptive, or inappropriate by Nelo’s management.

Outside Food & Drinks: The consumption of outside food and drinks on the Premises is generally not permitted, with the sole exceptions of baby food/formula and specific dietary requirements for which prior written approval has been obtained from Nelo’s management. Visitors are encouraged to support and enjoy the offerings of our on-site Restaurant and Tuck Shop. However, each picnic basket or bag brought in containing food will be charged at a R100 per bag/picnic basket.

Right of Refusal/Expulsion: Nelo’s reserves the unqualified right, in its sole and absolute discretion, to refuse entry to, or to immediately expel, any Visitor from the Premises without refund, compensation, or any form of liability, if their presence or conduct, in Nelo’s’ judgment, poses a threat or risk to the safety, security, well-being, or enjoyment of other visitors, staff, animals, or property, or if they are found to be in violation of any of these Terms, Nelo’s policies, or applicable laws.

Indemnity & Waiver of Liability

Your acceptance of these Terms and Conditions during the ticket purchase process explicitly and unequivocally includes your acceptance of our comprehensive and legally binding Indemnity Policy. This separate document exhaustively details the inherent risks associated with participating in any and all Activities and being present on the Premises. By entering, you thereby irrevocably release, waive, discharge, and covenant not to sue Nelo’s from any and all liability for any personal injury (including fatal injury), illness, loss, or damage to property, and further indemnify and hold harmless Nelo’s against any and all claims, demands, actions, liabilities, costs, and expenses (including legal fees) whatsoever, which may be brought against Nelo’s by yourself, your Minor child(ren), or any third party, in connection with your (or your Minor’s) participation or presence. This includes, but is not limited to, claims arising from the negligence of Nelo’s or any of its associated parties. You are strongly urged to review the full Indemnity Policy page for complete details, as its terms are fully incorporated herein by reference.

Medical Consent

In the exigency of a medical emergency, you expressly authorise Nelo’s Farmyard and Adventure personnel to take all necessary actions to obtain appropriate medical treatment for yourself or your Minor child(ren), as deemed necessary by Nelo’s personnel or attending medical professionals. This authority includes, but is not limited to, administering first aid, arranging transportation to a medical facility, and consenting to emergency medical treatment. You explicitly understand and agree that you shall be solely and fully responsible for any and all costs, expenses, and liabilities associated with such medical care and transportation. You acknowledge that Nelo’s personnel are not qualified medical professionals. Refer to the Indemnity Policy page for more details.

Privacy Policy & POPIA Compliance

Nelo’s strictly adheres to the provisions of the Protection of Personal Information Act, 4 of 2013 (“POPIA”). We collect, process, store, and utilize your personal information solely in accordance with our explicit Privacy Policy page. Your data is collected for legitimate purposes including, but not limited to, booking management, emergency contact, internal statistical analysis (including aggregated demographic data such as gender and race, where voluntarily provided), and record-keeping. We are unequivocally committed to safeguarding your privacy and ensuring your personal information is used only for the stated purposes or as mandatorily required by South African law. For exhaustive details on our data handling practices, please consult our comprehensive Privacy Policy.

Intellectual Property

All Intellectual Property rights subsisting in or relating to the Website, the Premises, and all Activities provided thereon, including, without limitation, all text, graphics, designs, logos, images, audio, video, software, the Nelo’s Farmyard and Adventure logo, branding, and all other content, are and shall remain the exclusive property of Nelo’s or its licensors. These are protected by national and international intellectual property laws. Any unauthorized use, reproduction, distribution, modification, public display, or performance of any of Nelo’s Intellectual Property is strictly prohibited and constitutes a material breach of these Terms, subjecting the infringing party to all available legal remedies, including but not limited to damages, interdicts, and costs.

Media & Advertising Policy

While Nelo’s does not typically capture images of visitors for commercial purposes without explicit consent, it must be acknowledged that Nelo’s Farmyard and Adventure is a public recreational space. Visitors are permitted and encouraged to take photographs and video recordings for their personal, non-commercial use. During the online ticket purchase process, you are provided with a clear option to grant or withhold your consent for Nelo’s to capture and utilize photographs and video recordings featuring you and/or your Minor child(ren) for Nelo’s’ own marketing, advertising, and promotional endeavors (e.g., on our Website, official social media platforms, brochures, and other digital or print media). Should you choose to decline this consent, Nelo’s will undertake all reasonable and commercially viable steps to avoid the deliberate use of your or your Minor child’s discernible image for public promotional purposes. However, due to the inherent nature of a dynamic public environment, an absolute guarantee of exclusion in all instances cannot be provided.

Disclaimers

Website Accuracy: While Nelo’s diligently strives to ensure the accuracy, currency, and completeness of the information presented on this Website, it is explicitly understood and accepted by the Visitor that the Website may, at times, contain technical inaccuracies, typographical errors, or omissions. Nelo’s provides no warranty or guarantee regarding the absolute accuracy, completeness, reliability, or uninterrupted availability of any information, content, or materials presented on the Website.

Activity Availability & Suitability: All Activities are provided subject to prevailing availability, strict capacity limits, current weather conditions, necessary operational requirements, and ongoing maintenance. Nelo’s provides no guarantee whatsoever that all Activities will be operational or available at all times. Visitors acknowledge that some Activities may be physically demanding or carry inherent risks, and it is their sole responsibility to determine their own and their Minor children’s suitability and physical capability to participate.

Water Park Opening: The anticipated opening date for the Water Park (“This Summer”) is a projected estimate and is explicitly subject to change without prior notice. This includes, but is not limited to, alterations based on construction progress, safety certifications, regulatory approvals, and operational readiness.

Third-Party Links: The Website may contain links to third-party websites or resources. These links are provided solely for convenience. Nelo’s exercises no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your interaction with any third-party websites is at your own risk.

System Uptime: Nelo’s does not warrant that the Website will be free from errors, viruses, or other harmful components, or that access will be uninterrupted.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE REPUBLIC OF SOUTH AFRICA, NELO’S FARMYARD AND ADVENTURE, ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, AND AFFILIATES SHALL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF NELO’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (VI) YOUR PARTICIPATION IN ANY ACTIVITIES ON THE PREMISES; OR (VII) ANY OTHER MATTER RELATING TO THE WEBSITE, PREMISES, OR ACTIVITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to fully defend, indemnify, and hold harmless Nelo’s Farmyard and Adventure, its owners, directors, employees, agents, representatives, volunteers, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) that arise out of or relate to your (or your Minor child’s) violation of these Terms and Conditions, your participation in any Activities, your conduct on the Premises, your use of the Website, or your breach of any applicable law or the rights of a third party. This indemnification obligation will survive the termination of this Agreement and your visit to Nelo’s.

Breach of Terms

In the event of a breach of any of these Terms and Conditions by a Visitor, Nelo’s reserves the right to take any action it deems appropriate, including, but not limited to, immediate expulsion from the Premises without refund, termination of access to the Website, legal action for damages, and/or reporting to relevant authorities.

Force Majeure

Nelo’s shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Nelo’s reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials, or any other cause whatsoever beyond the reasonable control of Nelo’s.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provision shall be deleted without affecting the remaining provisions herein.

Entire Agreement

These Terms and Conditions, together with the Indemnity Policy and Privacy Policy, constitute the entire agreement between you and Nelo’s Farmyard and Adventure concerning your use of the Website and your visit to the Premises, and supersede all prior or contemporaneous agreements, understandings, communications, and proposals, whether oral or written.

Changes to Terms & Conditions

Nelo’s reserves the unqualified right to amend, modify, or replace these Terms and Conditions at any time. The “Effective Date” at the top of this page will indicate when the latest revisions were made. It is your sole responsibility to periodically review these Terms for any changes. Your continued use of the Website or visit to the Premises after the posting of any revisions constitutes your express acceptance of such revised Terms.

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the appropriate courts located within the Northern Cape Province of South Africa, and you hereby consent to the exclusive jurisdiction of such courts.

Contact Information

For any questions, clarifications, or concerns regarding these Terms and Conditions, please contact us:

  • Phone: +2765 620 7114

  • Email: bookings@nelosadventure.co.za

  • Address: R64 Boshof Road next to Stablewood Lodge, Kimberley, 8301