PART A — TERMS AND CONDITIONS
1. Introduction and Acceptance
Welcome to Garden Games Zimbabwe. These Terms and Conditions ("Terms") govern all bookings, hires, rentals, and event coordination services provided by Garden Games Zimbabwe (collectively referred to as the "Services"), as well as your use of our digital platforms, product catalogues, rate cards, and social media channels (the "Platform").
The Services and Platform are owned and operated by Garden Games Zimbabwe. By requesting a
quotation, paying a deposit, signing a hire agreement, or using our Platform, you confirm that you
have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not proceed with a booking or use our Services. These
Terms apply to all clients, event planners, corporate entities, and individuals hiring Equipment or
booking Services ("Client", "User", "you").
2. Definitions
In these Terms, unless the context otherwise requires:
• "Garden Games", "we", "us", or "our" means Garden Games Zimbabwe, its owners, employees, and authorised agents.
• "Client" or "User" means any individual, corporate entity, event organiser, or representative booking Services or hiring Equipment from Garden Games.
• "Equipment" means all oversized lawn games, interactive entertainment pieces, structural
props, custom signage, and associated accessories provided for hire by Garden Games.
• "Booking" means the reservation of specific Equipment and Services for a designated date,
time, and venue, confirmed via payment of the required deposit.
• "Hire Period" means the specific duration for which the Equipment is rented, from the time
of delivery/setup or collection until its safe return or breakdown/collection by Garden
Games.
• "Hosted Hire" means a Service arrangement in which Garden Games provides on-site
facilitators or hosts who manage, supervise, and operate the Equipment throughout the event.
• "Unhosted Hire" means a Service arrangement in which the Equipment is delivered and set up
by Garden Games but operated entirely by the Client and their guests without a Garden
Games facilitator present on site.
• "Zimbabwe" means the Republic of Zimbabwe.
3. Services and Equipment Rental Description
Garden Games provides premium, oversized lawn games and interactive entertainment setups for
private, public, and corporate events. Our Services include:
• The short-term hire of premium, custom-built lawn games and entertainment pieces.
• Optional delivery, full structural setup, on-site hosting/facilitation, and breakdown services at
the designated event venue.
• Premium sub-brand activations (e.g., The Grand Play) tailored for luxury and high-end events.
3.1 Hosted and Unhosted Hire Distinction
Where the Client selects a Hosted Hire arrangement, Garden Games will station one or more trained
minders at the event for the duration of the agreed Hire Period. Facilitators are authorised to halt
gameplay, restrict guest access to Equipment, or intervene where they reasonably consider continued
play unsafe. The presence of Garden Games minders does not transfer supervisory responsibility for minor children from the Client to Garden Games.
Where the Client selects an Unhosted Hire arrangement, the Client assumes sole and complete
responsibility for the safe operation, supervision, and protection of all Equipment from the time of
setup completion until Garden Games returns for breakdown and collection. All obligations set out in
Clauses 7, 8, and 10 apply with full force to Unhosted arrangements.
3.2 Equipment Substitution
Garden Games reserves the right to modify, repair, or substitute any individual game or piece of
Equipment in our catalogue at any time due to maintenance requirements or wear-and-tear, provided
the substitution is of equivalent entertainment utility and comparable aesthetic presentation. In assessing equivalence, Garden Games will consider the size, gameplay category, and visual finish of the original item. Where the Client disputes that a substituted item is of equivalent value, the Client must raise the objection in writing within 24 hours of receiving the substitution notice. If the parties
cannot agree, the Client may elect to cancel the specific substituted item and receive a pro-rata credit
for that item only, without affecting the remainder of the booking.
3.3 Third-Party Venue Requirements
Where an event is hosted at a third-party venue (including but not limited to any hotel, lodge, or club facility), the Client is solely responsible for:
• Obtaining all necessary permissions, vendor approvals, and access authorisations from the
venue management prior to the event date.
• Ensuring that the venue's rules, ground restrictions, and setup requirements are compatible
with Garden Games' standard delivery and installation procedures.
• Notifying Garden Games in writing of any venue-specific restrictions (including weight limits,
surface type, noise curfews, or staff access protocols) no later than 48 hours before the
scheduled setup time.
Garden Games accepts no liability for delays, failed setups, or any consequential loss arising from the
Client's failure to secure adequate venue permissions or to communicate venue restrictions in
advance. If Garden Games is denied site access due to the Client's failure to obtain the required venue
approvals, the booking will be treated as a cancellation made less than 7 days prior to the event and
the total invoice amount will be non-refundable.
4. Bookings, Rate Cards, and Payments
4.1 Quotations and Rate Cards
All prices listed on our digital catalogues or rate cards are stated in United States Dollars (USD).
Payment may be accepted in USD or in local currency (such as Zimbabwe Gold — ZiG) at the
prevailing commercial or regulatory exchange rate determined by Garden Games at the immediate
time of invoice payment. Quotations are valid for 7 days from the date of issue.
4.2 Deposit and Booking Confirmation
To secure a booking, the Client must pay a non-refundable booking deposit of 50% of the total
quoted value. A booking is not confirmed and the Equipment is not reserved until this deposit has
been cleared and a formal booking receipt issued.
4.3 Balance of Payment
The remaining balance of the total invoice must be paid in full at least 7 days prior to the scheduled
event or on the delivery date. Garden Games reserves the absolute right to withhold delivery, setup, or access to the Equipment if the balance remains unpaid by the stipulated deadline.
4.4 Payment Methods
We accept payments via bank transfer, verified mobile money networks (e.g., EcoCash), and secure cash drop-offs as formally specified on our invoices.
5. Security Deposit, Damage, and Loss
5.1 Refundable Security Deposit
In addition to the rental fee, Garden Games may require a refundable security deposit of 30% of the
total hire amount against damage, loss, or extreme soilage of the Equipment. This deposit will be
refunded in full within 3-5 business days after the event, subject to a post-event inventory evaluation
conducted by Garden Games.
5.2 Damage Assessment and Replacement Costs
The Client assumes total care and responsibility for all hired Equipment throughout the Hire Period.
If any Equipment is returned damaged, broken, incomplete (missing pieces, mallets, tokens, balls, etc.), or excessively soiled beyond normal outdoor wear:
• The cost of repair or full replacement will be deducted from the security deposit, if paid and if
not, the Client shall be held personally or corporately liable for the repair.
• If the cost of repair or replacement exceeds the security deposit, the Client shall be held
personally or corporately liable for the remaining financial balance.
• Replacement costs are calculated based on the current market value of materials and specialist
custom carpentry/manufacturing required to restore the game to its premium aesthetic.
6. Delivery, Logistics, and Site Conditions
6.1 Venue Access
The Client must ensure that Garden Games has unhindered access to the venue for delivery and setup
at least 1-2 hours prior to the event start time, as well as clear access for take-down and collection
after the event concludes.
6.2 Ground and Site Requirements
Our games are designed primarily for flat, clean lawns or level surfaces. The Client must ensure that the designated setup area is:
• Clear of debris, animal waste, water hazards, and sharp objects.
• Sufficiently level to allow for the safe, upright operation of large structures (such as Giant
Jenga, Giant Connect Four, or custom premium setups).
Garden Games team members reserve the right to refuse setup in any area they deem unsafe,
unhygienic, or highly likely to result in immediate damage to the Equipment or injury to event guests.
6.3 Garden Games Delivery Obligations and Remedies
Garden Games undertakes to deliver and set up all booked Equipment at the agreed venue by the agreed setup completion time. In the event that Garden Games fails to deliver or complete setup by
the stipulated time due to circumstances within Garden Games' reasonable control:
• Garden Games will notify the Client as early as reasonably practicable of any anticipated delay.
• If setup is delayed by more than three hours beyond the agreed setup completion time due to
Garden Games' fault, the Client shall be entitled to a pro-rata reduction of the rental fee
calculated on the number of full hours of delayed access as a proportion of the total agreed
Hire Period.
• If Garden Games is wholly unable to deliver the Equipment due to circumstances within its
control, the Client shall be entitled to a full refund of all amounts paid, including the deposit.
This refund shall constitute the Client's sole and exclusive remedy, and Garden Games shall
bear no liability for any consequential, indirect, or event-related losses arising from non-
delivery.
The above remedies do not apply where Garden Games' failure to deliver is caused by factors outside
its reasonable control, including but not limited to force majeure events as defined in Clause 7.2.
7. Weather, Outdoor Events, and Force Majeure
7.1 Weather and Outdoor Event Policy
Lawn games are inherently outdoor activities; however, our Equipment is crafted from premium
wood, fabrics, and metals that can be permanently degraded or warped by rain, heavy mud, and
moisture.
• Rain/Inclement Weather: The Client must provide an alternative dry indoor area or a fully
waterproof marquee/tent structure in case of rain.
• No Weather Refunds: Once the Equipment has left our premises or has been set up at the
venue, no refunds, credits, or pro-rata adjustments will be granted due to poor weather
preventing the use of the games.
• Emergency Protection: In the event of a sudden downpour during an Unhosted Hire, the
Client is legally obligated to immediately move the Equipment under solid shelter to prevent
structural water damage. Failure to protect the Equipment will result in total forfeiture of the
security deposit or liability for restoration costs.
7.2 Force Majeure
Neither party shall be in breach of these Terms, nor liable for any failure or delay in performing their
obligations, where such failure or delay results directly from an event or circumstance beyond that
party's reasonable control. Force majeure events include, without limitation:
• Natural disasters, floods, fire, earthquake, or acts of God.
• Civil unrest, riots, war, or terrorist activity.
• Government-imposed curfews, national mourning declarations, or state of emergency orders
issued under the laws of Zimbabwe.
• Nationwide or regional infrastructure failures (including fuel shortages preventing logistics).
In the event of a force majeure occurrence, the affected party must notify the other in writing as soon
as reasonably practicable. Where a force majeure event renders performance impossible on the
original event date, both parties shall negotiate in good faith to agree a rescheduled date within 90
days at no additional rebooking charge to the Client. If rescheduling cannot be agreed within 30 days
of the original event date, either party may terminate the booking and Garden Games will refund all
amounts paid by the Client except for documented third-party costs already incurred and non-
recoverable.
8. Client and Guest Obligations
By hiring our Equipment, you agree that you and your event guests will:
• Use the Equipment strictly for its intended entertainment purpose and in accordance with any
provided instruction placards.
• Not climb on, lean heavily against, or sit on the large wooden frames or structural game housings.
• Ensure that minors and young children are supervised by adults at all times when interacting
with heavy or oversized gaming components.
• Not remove the games from the designated event venue premises without express written
permission from Garden Games.
8.1 Alcohol and Intoxication Policy
Garden Games acknowledges that many events involve the service of alcohol. The Client accepts that:
• Intoxicated guests pose a material risk to the structural integrity of the Equipment and to the safety of other guests.
• In a Hosted Hire arrangement, Garden Games minders are authorised and entitled to refuse
access to Equipment, halt gameplay, or request that a visibly intoxicated guest be removed
from the play area by the Client or event staff. Garden Games minders will exercise this authority reasonably and without undue disruption to the event.
• In an Unhosted Hire arrangement, the Client is solely responsible for monitoring the physical
condition of guests interacting with the Equipment and for preventing intoxicated individuals
from using heavy or structural game components.
• Any damage caused to Equipment by intoxicated guests is the full financial liability of the
Client, without exception, under the terms of Clause 5.
9. Cancellation and Postponement Policy
All cancellations or requests for date changes must be submitted in writing to Garden Games.
Because items are reserved exclusively for your event date and made unavailable to other clients, the following refund and credit structures apply:
• Cancellations made more than 30 days prior to the event: Garden Games will retain the non-
refundable booking deposit. Any additional balance paid toward the invoice above the deposit
amount will be refunded to the Client in full.
• Cancellations made between 14 and 30 days prior to the event: The booking deposit is entirely
forfeited. However, any additional amount paid toward the invoice balance may be converted
into a digital credit note, valid for a rescheduled event date within 6 months of the original booking.
• Cancellations made between 7 and 13 days prior to the event: The booking deposit is forfeited
in full. Any additional balance paid above the deposit amount may, at Garden Games' sole
discretion, be partially credited as a goodwill gesture up to a maximum of 50% of the additional amount paid, applicable to a rescheduled booking within 3 months. No cash refund will be issued.
• Cancellations made less than 7 days prior to the event: The total invoice amount is strictly
non-refundable and non-creditable, as the Equipment was taken completely off the market
and held specifically for your reserved event slot.
Date change requests (postponements) submitted in writing more than 14 days before the original
event date will be accommodated once without penalty, subject to availability of the requested new
date. Postponement requests submitted less than 14 days before the event will be treated as a
cancellation under the applicable tier above
.
10. Disclaimers and Limitation of Liability
10.1 Equipment Provided "As Is"
All Equipment is provided on an "as is" and "as inspected" basis. While Garden Games ensures all
games are structurally sound, sanded, and maintained to premium standards prior to deployment, we make no warranties of absolute safety or uninterrupted performance under extreme guest usage.
10.2 Assumption of Risk and Physical Liability
The Client explicitly acknowledges that oversized lawn games involve physical movement, lifting, and
large components.
• The Client assumes all operational risks associated with the deployment of the games at their
event.
• Garden Games, its directors, employees, and suppliers accept no liability whatsoever for any
personal injury, physical harm, medical emergencies, or accidental death sustained by the
Client, their guests, venue staff, or minors while using, playing with, or being near the
Equipment, except where such injury or death results directly from the gross negligence or
wilful misconduct of Garden Games or its facilitators.
10.3 Exclusion of Consequential Damages
Except to the extent prohibited by applicable Zimbabwean law (such as gross negligence or fraud),
Garden Games shall not be liable to the Client or any third party for any indirect, incidental, special,
or consequential damages, including loss of event revenue, commercial reputation, marquee damage, or venue cancellation fees arising out of the use or failure of our Equipment.
10.4 Maximum Aggregate Financial Cap
Subject to sub-clause 10.3, Garden Games' total aggregate liability for any and all claims, losses, or legal actions arising out of a booking, whether in contract, delict (ordinary negligence), or otherwise
shall be strictly limited to the exact total monetary amount actually paid by the Client to Garden
Games for that specific booking invoice.
11. Intellectual Property and Marketing Content
11.1 Brand Identity
The Garden Games name, logos, visual style, custom game designs, marketing catalogues, and digital
content (including branding for The Grand Play) are the exclusive intellectual property of Garden
Games Zimbabwe. You may not copy, replicate, or commercially exploit our custom game aesthetics
or branding elements without express prior written authorisation from Garden Games.
11.2 Photography and Event Media
Where Garden Games team members or contracted photographers capture images or videos of our setups at your event, you grant Garden Games a non-exclusive, royalty-free, perpetual licence to utilise such media on our social media platforms, website, and promotional brochures for marketing purposes. We ensure that no sensitive personal data or private corporate documents are exposed through such media. If your event requires strict privacy or a complete non-disclosure agreement
(NDA), you must notify us in writing prior to the event.
12. Account Deletion and Data Purging
Should you interact with us via any digital portal or register an event profile on our online platform:
• You may request the deletion of your event log and contact records at any time by emailing us.
• Account deletion or record removal will result in the immediate erasure of your historical
layout configurations or preferences from active systems, subject to statutory retention
obligations under Clause 7 of the Privacy Policy.
• Termination or deletion of your booking record does not relieve you of any outstanding
payment obligations or damage liabilities incurred prior to termination.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms, and any contractual or delictual dispute arising from our Services, shall be governed by,
interpreted, and construed exclusively in accordance with the laws of the Republic of Zimbabwe.
13.2 Dispute Resolution Framework
In the event of a dispute, the parties shall utilise the following tiered framework:
• (a) Amicable Resolution: The parties shall first attempt to resolve the matter through direct,
informal, and good-faith communication or negotiation.
• (b) Consumer Redress: If the dispute involves an individual consumer and cannot be resolved
informally, nothing restricts your statutory rights to seek redress through the Consumer
Protection Commission (CPC) under the Consumer Protection Act [Chapter 14:44].
• (c) Voluntary Mediation/Arbitration: Where both parties expressly agree in writing, the dispute may be referred to voluntary mediation or arbitration in Harare under the rules and
administration of the Commercial Arbitration Centre (CAC).
• (d) Court Jurisdiction: Both parties submit to the non-exclusive jurisdiction of a Zimbabwean
court of competent jurisdiction (such as the Magistrates' Court or Small Claims Court,
depending on the monetary scale) for formal legal proceedings.
14. Changes to These Terms
Garden Games reserves the right to modify these Terms at any time to reflect changing operational
needs or legal requirements. The version of the Terms in effect at the exact moment your booking
deposit is paid will remain the governing document for that specific Hire Period.
15. Contact Information
For bookings, inquiries, or legal clarifications, please contact us:
Garden Games Zimbabwe
• Email: gardengameszim@gmail.com
• WhatsApp / Phone: 0778 190 322
• Physical Address: 9 Fairbairn Drive, Mount Pleasant, Harare, Zimbabwe
PART B — PRIVACY POLICY
1. Introduction
1.1 Commitment
Garden Games Zimbabwe ("Garden Games", "we", "us", or "our") is committed to protecting the privacy, confidentiality, and personal data of our clients, event planners, and website visitors.
1.2 Legal Basis
This Privacy Policy is formulated in strict compliance with the Cyber and Data Protection Act
[Chapter 12:07] of Zimbabwe (the "Act"). We collect and process your personal data based on your explicit consent (when you inquire or book), or for the performance of a commercial service contract
to which you are a party, as well as to comply with statutory accounting and tax obligations in
Zimbabwe.
2. Information We Collect
We collect personal information that you voluntarily provide to us when interacting with our business,
including:
• Contact Information: Full name, phone number, email address, and WhatsApp number when
requesting a quote, rate card, or placing a booking.
• Event Specifics: The physical address of the venue, home address (for residential private
parties), event date, event type (wedding, corporate team-building, birthday), and host details.
• Payment and Financial Records: Billing details, receipts, and transaction records. We process
electronic transfers and mobile money transactions via secure local payment networks and do
not directly store bank account credentials on our public platforms.
• Media: Photographs or videos of our game setups at your event venue, which may incidentally
feature guests in the background (subject to Section 11.2 of the Terms and Conditions).
• Digital Interaction Data: Where you interact with our website or digital platforms, we may
collect session data, browsing behaviour, and analytics information through standard web
tools (such as Google Analytics or Meta Pixel) to improve our digital experience. You will be
notified of such collection where required by the Act.
3. How We Use Your Information
We utilise the personal information collected strictly for operational, logistical, and marketing
purposes, including:
• Service Delivery: Processing your specific order, issuing invoices, verifying deposits, and
navigating our logistics team to your exact event location.
• Customer Support: Responding to your inquiries, adjusting dates, or sending operational
updates regarding weather conditions or setup times.
• Marketing Communications: Sending updated digital product catalogues, announcements
regarding our premium sub-brands (e.g., The Grand Play), or seasonal promotional content
(from which you can opt out at any time).
• Legal Compliance: Keeping accurate financial books for tax reporting and enforcing our hire
agreements or damage recovery policies.
4. Sharing of Information
We do not sell, rent, or trade your personal data to third-party brokers. We only disclose information
in the following limited circumstances:
• Logistical Personnel/Subcontractors: Sharing the venue location and client on-site contact
number with our trusted transport staff or setup crews to ensure smooth delivery.
• Legal Mandates: We may disclose details if legally compelled to do so by a court order,
statutory regulatory body, or law enforcement agency operating under the laws of Zimbabwe.
• Business Transfers: In the event of an internal corporate restructuring or sale of the business,
data may be transitioned to the new management subject to the same privacy commitments.
4.1 Cross-Border Data Routing
Like many local businesses, we utilise standard cloud storage solutions, email hosting, and instant
messaging platforms (such as Google Drive or WhatsApp Business) whose underlying data storage
infrastructure may be located outside Zimbabwe. We ensure that these service providers operate
under internationally recognised security frameworks. Clients should note that POTRAZ has not yet
published a comprehensive adequacy country list under the Act; we therefore limit cross-border data
transfers to providers operating under recognised frameworks such as ISO/IEC 27001 or equivalent,
which we consider consistent with the expectations of the Cyber and Data Protection Act.
5. Data Security
5.1 Technical and Organisational Measures
We implement practical and industry-standard security measures to safeguard your contact details and
event logs against loss, unauthorised access, or disclosure. This includes password-protected internal
booking sheets, limited staff access to client files on a need-to-know basis, and encrypted local
storage.
5.2 Statutory Breach Protocol
In compliance with Section 19 of the Cyber and Data Protection Act [Chapter 12:07], if Garden
Games ever encounters a data breach that compromises your personal data, we will formally notify
the Data Protection Authority: the Postal and Telecommunications Regulatory Authority of
Zimbabwe (POTRAZ), within twenty-four (24) hours of verification. If the breach poses a high
security risk to your personal rights, we will take swift measures to inform you directly so you can take
appropriate precautions.
6. Your Legal Rights
Under the Cyber and Data Protection Act of Zimbabwe, you have distinct rights regarding your
personal information, which you may exercise at any time by contacting us:
• Right of Access and Rectification: The right to request a copy of the personal details we hold
about you, or to correct any inaccurate or outdated information.
• Right of Erasure ("Right to be Forgotten"): The right to request that we permanently delete
your contact records from our active marketing systems once our rental contract has
concluded and statutory tax retention periods have expired.
• Right to Withdraw Consent: The right to withdraw your consent for us to send you marketing
materials or catalogues at any time without penalty.
We will evaluate and fulfil statutory requests within thirty (30) days. You also retain the absolute right
to lodge an official complaint with POTRAZ if you believe your data privacy rights have been
compromised.
7. Minor Children and Personal Data
Garden Games does not knowingly collect or process personal data from individuals under the age of
18 (minors) without the explicit prior consent of their parent or legal guardian. Where a client's event
includes minor attendees who may be incidentally captured in event photography or media, the Client,
as the responsible adult host, is deemed to have consented to such incidental media capture on behalf
of the minor attendees present at their event. If a parent or guardian becomes aware that their minor
child's personal data has been collected without appropriate consent, they should contact us
immediately and we will take prompt steps to delete the relevant data.
8. Data Retention
We retain your personal contact information and booking history for as long as necessary to fulfil the
operational purposes detailed in this policy. Transaction records and signed rental invoices are
securely archived for six (6) years to comply with standard Zimbabwean commercial accounting and
tax regulations.
9. Changes to This Policy
We may periodically update this Privacy Policy to align with new operational workflows or regulatory
adjustments in Zimbabwe. Any updates will be noted with a revised effective date and made available
via our digital channels.
10. Contact and Data Queries
If you have any questions, wish to opt out of promotional communications, or want to exercise your
statutory data rights under the Act, please reach out to us:
• Garden Games Zimbabwe
• Email: gardengameszim@gmail.com: Attn: Data Management and Compliance