Terms of Service
Last updated: January 1, 2024
1. Agreement to Terms
By accessing and using the services of BoomTree Playgrounds ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
BoomTree Playgrounds is a division of Active8 Leisure Group, operating in Dubai, United Arab Emirates, specializing in the design, manufacture, and installation of premium playground equipment.
2. Services Description
BoomTree Playgrounds provides the following services:
- Custom playground design and consultation
- Manufacturing of playground equipment using sustainably sourced materials
- Professional installation services
- Maintenance and inspection services
- Safety compliance certification
- Project management and support
3. Quotations and Pricing
All quotations provided by BoomTree Playgrounds are:
- Valid for 30 days from the date of issue unless otherwise specified
- Subject to site inspection and final measurements
- Exclusive of VAT unless explicitly stated
- Based on standard installation conditions
Prices may be adjusted if site conditions differ from those assumed in the original quotation or if changes are requested to the original specification.
4. Payment Terms
Payment terms are as follows:
- Deposit: 50% deposit required upon order confirmation
- Progress Payment: 40% due upon delivery to site
- Final Payment: 10% due upon completion and handover
Payments are due within 7 days of invoice date. Late payments may incur interest charges of 2% per month. We reserve the right to suspend work for overdue payments.
5. Design and Intellectual Property
All designs, drawings, and specifications created by BoomTree Playgrounds remain our intellectual property until full payment is received. Custom designs are created specifically for the client and may not be reproduced for other projects without written consent.
Clients grant us the right to photograph completed installations for marketing purposes unless specifically requested otherwise in writing.
6. Installation and Site Requirements
The client is responsible for:
- Providing safe and legal access to the installation site
- Ensuring all necessary permits and approvals are obtained
- Providing utilities (water, electricity) as required
- Site preparation including leveling and clearing
- Compliance with local building codes and regulations
Installation timelines may be affected by weather conditions, site access issues, or unforeseen circumstances beyond our control.
7. Warranties
BoomTree Playgrounds provides the following warranties:
Structural Warranty
10-year warranty on structural components against defects in materials and workmanship under normal use conditions.
Installation Warranty
2-year warranty on installation workmanship from the date of completion.
Component Warranty
1-year warranty on non-structural components including hardware, finishes, and accessories.
Warranty Exclusions: Warranties do not cover damage due to misuse, vandalism, extreme weather events, lack of maintenance, or normal wear and tear.
8. Safety and Compliance
All playground equipment is designed and manufactured to meet or exceed:
- EN 1176 European playground safety standards
- UAE building codes and safety regulations
- International safety guidelines for playground equipment
Clients are responsible for ensuring ongoing compliance through regular inspections and maintenance. We provide maintenance guidelines and can offer ongoing inspection services.
9. Limitation of Liability
BoomTree Playgrounds' liability is limited to the value of the contract. We are not liable for:
- Indirect, consequential, or special damages
- Loss of profits or business interruption
- Damages resulting from misuse or lack of maintenance
- Third-party claims or injuries
Clients are strongly advised to maintain appropriate insurance coverage for their playground installations.
10. Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to:
- Natural disasters or extreme weather
- Government actions or regulations
- Labor disputes or material shortages
- Pandemic or health emergencies
- Transportation or logistics disruptions
11. Cancellation and Changes
Order cancellations must be made in writing. Cancellation charges may apply:
- Before production begins: 25% of order value
- After production begins: 75% of order value
- After delivery: 100% of order value
Changes to orders after confirmation may result in additional charges and extended delivery times.
12. Maintenance and Inspection
To maintain warranty coverage and ensure safety, clients must:
- Conduct daily visual inspections
- Perform weekly cleaning and maintenance
- Arrange quarterly professional inspections
- Address any safety issues immediately
- Maintain detailed maintenance records
We offer comprehensive maintenance packages and can provide certified inspection services.
13. Governing Law
These Terms are governed by the laws of the United Arab Emirates. Any disputes will be resolved through the courts of Dubai, UAE, or through arbitration as mutually agreed.
14. Privacy and Data Protection
We are committed to protecting your privacy. Please refer to our Privacy Policy for detailed information about how we collect, use, and protect your personal information.
15. Contact Information
For questions about these Terms of Service, please contact us:
BoomTree Playgrounds
Part of Active8 Leisure Group
Dubai, United Arab Emirates
Email:
sian@active8leisure.com
nigel@active8leisure.com
Phone:
+971 50 553 0450
16. Updates to Terms
We reserve the right to update these Terms of Service at any time. Changes will be posted on our website with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the new terms.
For significant changes, we will provide reasonable notice to existing clients via email or other appropriate communication methods.