TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”) carefully before using http://www.wowsafaris.co.ke (the “Website”) operated by Wow Safaris (the “Company”) and/or its affiliates.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to visitors, users and others who access or use the Website.
TERMS AND CONDITIONS OF USE AND SERVICE
By using this Website or ordering products from this website, you agree to be bound by all of the terms and conditions of this Agreement.
These Terms of Service Agreement (the “Agreement”) governs your use of this website, [http://www.wowsafaris.co.ke].
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
The Company reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
The Company encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
When you use any of the Company’s services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Company services, such as our Message Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
Terms of Offer. This Website may offer for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
1.1 Customer Solicitation: Unless you notify our call center representatives or direct the Company sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations and its designated call team(s);
1.2 Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
a) You may also choose to opt out, via sending your email address to: firstname.lastname@example.org
b) You may send a written remove request to Wow Safaris, Ideal Ceramics Compound, Nkrumah Rd, Imara Daima, Box 3355-00506, Nairobi, Kenya.
2. INTELLECTUAL PROPERTY
The Company respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please register your concerns on our website.
2.1 Copyright, Authors’ Rights and Database Rights
All content included in or made available through any the Company Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of the Company or its content suppliers and/ or licensors and is protected by the Copyrights Act No. 12 of 2001, the Berne Convention and the WIPO Copyright Treaty.
We, together with our Licensors and/or Suppliers own and control all the copyright in our website and the material on our website. All the copyright rights on our website and the material on our website are reserved.
You may not extract and/or re-utilise parts of the content of any the Company’s Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any the Company’s Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any of the Company‘s Services (e.g. our prices and product listings) without our express written consent.
All content included in or made available through any the Company’s Service including but not limited to graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Company’s Service are trademarks or trade dress of the Company and are protected by the Trade Mark Act Cap 505 and International Treaties such as the World Intellectual Property Organization.
The trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any the Company’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
3.1 Use of Website; the Company is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will
a) abide by all applicable local, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
b) not interfere with or disrupt the use and enjoyment of the Website by other users,
c) not resell material on the Website,
d) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
e) not defame, harass, abuse, or disrupt other users of the Website
3.2 License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if third party content is at issue).
4. DISCLAIMER OF WARRANTIES
Your use of this website and/or products is at your sole risk. The website and products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“Products” include trial products.) Without limiting the generality of the foregoing, the Company makes no warranty:
a) That the information provided on this website is accurate, reliable, complete, or timely.
b) That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
c) No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
d) As to the results that may be obtained from the use of the products or that defects in products will be corrected.
e) Regarding any products purchased or obtained through the website.
f) Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
5. LIMITATION OF LIABILITY
The Company’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less taxes, shipping and handling costs, for products purchased via the website.
The Company will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from:
a) The use or the inability to use the website content or products;
b) The cost of procuring substitute products or content;
c) Any products purchased or obtained or transactions entered into through the website; or
d) Any lost profits you allege.
You hereby release, defend, indemnify us, and undertake to keep us indemnified and any of our agents, employees, officers, directors, shareholders, affiliates, contractors, and assigns against:
a) Any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Website or any breach by you of any provision of these general terms and conditions ; and
b) Any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our Website, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
8. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website
The revised general terms and conditions shall apply from the date of publication on the Website.
If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
12 THIRD PARTY RIGHTS
A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.
13. LAW AND JURISDICTION
These general terms and conditions shall be governed by and construed in accordance with the laws of Kenya.
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of Kenya.
14. OUR COMPANY DETAILS
Company Name: Wow Safaris
Address: Ideal Ceramics Compound, Nkrumah Rd, Imara Daima,
Box 3355-00506, Nairobi, Kenya
Email Address: email@example.com
Telephone Number (s): +254 745700000
15. PRICING AND AVAILABILITY
All prices are inclusive of legally applicable VAT.
We may list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
16. PRODUCT INFORMATION
Unless expressly indicated otherwise, the Company is sometimes not the provider of the products and services sold on this website. While we work to ensure that product and service information on our website is correct, actual product and service delivery may differ to that displayed on our website. Itineraries may also change. All information about the products and services on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read itineraries, quotes, communication from partners provided with the product and services before use.
The Company accepts no liability for inaccuracies or misstatements about products and services by other third parties. This does not affect your statutory rights.
I. Force Majeure
The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott .
II. Cessation of Operation
We may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
III. Entire Agreement
This Agreement comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
IV. Effect of Waiver
The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
V. Waiver of Class Action Rights
By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
We reserve the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, we reserve the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website.
This Agreement will survive indefinitely unless and until we choose, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.