Wakaya Resort & Spa Terms and Conditions

Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using www.wakayaislandresort.com website (“website”, “service”) operated by ACK Holdings Pte Limited (RCBS2016L4011) trading as Wakaya Resort & Spa including its related companies incorporated in Fiji (“us”, ‘we”, “our”).

Conditions of use

By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. We only grants use and access of this website, its products, and its services to those who have accepted its terms.

Privacy policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. We assume no responsibility for liabilities related to age misrepresentation.

Intellectual property

You agree that all materials, products, and services provided on this website are our property and that of our affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute our intellectual property in any way, including electronic, digital, or new trademark registrations.

For issues regarding intellectual property claims, you should contact us in order to come to an agreement.

User accounts

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

Severability

If any parts of this terms are deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from the terms and conditions and it will not affect the validity and enforceability of the remaining provisions of the terms.

Applicable law

By using this website, you agree that the laws of the Fiji Islands without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between us and you, or its business partners and associates.

Disputes

Any dispute related in any way to your use of this website or to products you purchase from us shall be arbitrated by High Court of Fiji sitting in Suva and you consent to exclusive jurisdiction and venue of such court.

Indemnification

You agree to indemnify us and our affiliates and hold us harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

Waiver

Failure or neglect by us to enforce any of the provisions of this terms and conditions shall not be construed or deemed to be a waiver of our rights under these terms.

No waiver by us of our rights under this terms and conditions shall be deemed a waiver of any other term or provision and shall be limited to a single waiver, limited to the specific circumstances under which such waiver was granted.

Limitation on liability

We are not liable for any damages that may occur to you as a result of your misuse of our website.
We reserve the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between us and the user, and this supersedes and replaces all prior agreements regarding the use of this website.