Website Usage Terms And Conditions

W E B S I T E  USAG E  T E R M S  A N D  C O N D I T I O N S

In terms of section 11(3) of the electronic communications and transactions (ict) act 25 of 2002 and the common law of contract, these terms and conditions are valid, Binding, and enforceable against all persons that access this website, webpages, or any part there of.

DEFINITIONS AND INTERPRETATION

  1. a) “Website” means the website located at http://www.BongoSafari.com/ and any sub-domains operated by BONGO ADVENTURES LIMITED,

including any page, part or element thereof and furthermore all domain names linked to such website;

  1. b) “Bongo Safari” means BONGO ADVENTURES LIMITED, a private company registered in terms of the law of

Kenya, registration number CPR/2010/24625

  1. c) “User” means any person who enters or uses the BONGO ADVENTURES LIMITED websites;
  2. d) References herein to the singular include the plural and vice versa; and
  3. e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11(3) of the ICT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
  4. f) By proxy of using this Website you accept the terms and conditions provided in this document.
  5. ALLOWED USE AND LICENSE

1.1 Bongo Safari licenses the User to view, download and print the content of this Website, provided that such content is used for private, personal, educational and/or non-commercial purposes only;

1.2 Content from this Website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of BONGO ADVENTURES LIMITED;

1.3 Users may only access, browse and use this Website for legitimate personal or commercial purposes and may not use this Website or any BONGO ADVENTURES LIMITED services and/or products for:

1.3.1 Harmful purposes;

1.3.2 Illegal purposes;

1.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or

1.3.4 The creation, storage and sending of unsolicited commercial communications.

1.4 The caching of this Website shall only be allowed if:

1.4.1 The purpose of the caching is to make the onward transmission of the content from this Website more efficient;

1.4.2 The cached content is not modified in any manner whatsoever;

1.4.3 The cached content is updated at least every 12 (twelve) hours; and

1.4.4 The cached content is removed or updated when so required by Bongo Safari.

1.5 If any User uses content from this Website in breach of the provisions detailed herein:

1.5.1 BONGO ADVENTURES LIMITED reserves the right to claim damages from the User;

1.5.2 BONGO ADVENTURES LIMITED reserves the right to institute criminal proceedings against the User; and

1.5.3 BONGO ADVENTURES LIMITED shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

1.6 BONGO ADVENTURES LIMITED shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Persons that wish to link to content beyond the home page of this Website shall do so at their own risk and indemnify BONGO ADVENTURES LIMITED against any loss, liability or damage that may result from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. BONGO ADVENTURES LIMITED non-liability for deep linking is based on the fact that deep links bypass these

terms and conditions;

1.7 Users may quote small and reasonable amounts of content available from this Website only if such quote is placed in inverted commas and acknowledged;

1.8 No person may frame this Website, in any manner whatsoever, without the prior written consent of BONGO ADVENTURES LIMITED;

1.9 Apart from bona-fide search engine operators and use of the search facility provided on this Website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from this Website for any purposes, without the prior written consent of

BONGO ADVENTURES LIMITED;

1.10 E-mail addresses, names, telephone numbers, and fax numbers published on this Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this Website may be used to communicate unsolicited communications to BONGO ADVENTURES LIMITED and all rights detailed in Section 45 of the ICT Act are reserved; and

1.11 All licenses and/or permissions granted in terms of this clause 1 are provided on a non-exclusive and non transferable basis and may be terminated or cancelled by BONGO ADVENTURES LIMITED at any time without prior notice or giving reasons therefore.

  1. INTELLECTUAL PROPERTY RIGHTS

2.1 All intellectual property on this Website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks

are the property of or licensed to Bongo Safari and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on this Website are expressly reserved; and

2.2 No person may use logos, icons, or trade marks from this Website as hyperlinks or other purposes without BONGO ADVENTURES LIMITED’s prior written consent.

  1. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and this Website and/or download content from this Website.

  1. DISCLOSURES REQUIRED BY SECTION 43 OF THE ICT ACT AND TERMS OF SERVICE

These terms and conditions govern the sale of goods and / or the provision of services from or through this Website.

Access to the services, content, software and downloads available from this Website may be classified as electronic transactions, as defined in terms of the ICT Act and therefore Users have the rights detailed in Chapter 7 of the ICT Act and BONGO ADVENTURES LIMITED has, amongst others, the duty to disclose the following information:

Full name and registration number of website owner:

BONGO ADVENTURES LIMITED Services Ltd

address: P.O. Box 87695-80100 Mombasa, Kenya

Telephone number: +254 720 290987

Official e-mail address: info@BongoSafari.com

Membership of self-regulatory or accreditation bodies:

Services:

  • This Website offers, facilitates or enables the following services:
  • Travel information;
  • Access to this Website;
  • The inability to access this Website;
  • The services and content available from this Website; or
  • These terms and conditions;
  • Travel ideas;
  • Specialist vacation consulting;
  • Travel advice;
  • Safari planning; and
  • Travel enquiries.

Alternative dispute resolution:

Subject to urgent and/or interim relief, all disputes regarding Bongo Safari or the Website shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of Kenya and such arbitration proceedings shall be conducted in Mombasa in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and Client.

  1. CHANGES AND AMENDMENTS

BONGO ADVENTURES LIMITED reserves the right, in its sole and absolute discretion, to do any of the following, at any time without

prior notice or justification:

  • Change these terms and conditions;
  • Change the content and/or services available from this Website;
  • Discontinue any aspect of this Website or service(s) available from this Website; and/or
  • Change the software and hardware required to access and use this Website.
  1. PRIVACY

Read our privacy policy here.

  1. HYPERLINKS TO THIRD PARTY SITES

7.1 Bongo Safari may provide hyperlinks to websites not controlled by BONGO ADVENTURES LIMITED (target sites) and such links do not imply any endorsement, agreement with or support for the content of such target sites; and

7.2 BONGO ADVENTURES LIMITED does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

  1. SECURITY

8.1 BONGO ADVENTURES LIMITED shall take all reasonable steps to secure the content of this Website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, BONGO ADVENTURES LIMITED does not make any warranties or representations that content shall be 100% safe and secure;

8.2 BONGO ADVENTURES LIMITED is under no legal duty to encrypt any content or communications from and to this Website and is also under no legal duty to provide digital authentication of any page on this Website;

8.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to this Website or the server and computer network that support this Website;

8.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to this Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold BONGO ADVENTURES LIMITED harmless against any and all liability, damages and losses that Bongo Safari and its partners / affiliates may suffer as a result of such damaging code;

8.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Website and Bongo Safari reserves the right to claim damages from any and all persons concerned with a security failure or breach; and

8.6 Any User who commits any of the offences detailed in Sections 85 to 88 of the ICT Act shall, not withstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Bongo Safari and its partners / affiliates.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

9.1 Subject to the provisions of Sections 43(5) and 43(6) of the ICT Act, if applicable, and as far as allowed by law,

BONGO ADVENTURES LIMITED (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

9.1.1 Access to this Website;

9.1.2 Access to websites linked to this Website;

9.1.3 Inability to access this Website;

9.1.4 Inability to access websites linked to this Website;

9.1.5 Content available on this Website;

9.1.6 Services available from this Website;

9.1.7 Downloads and use of content from this Website;

9.1.8 And/or any other reason not directly related to BONGO ADVENTURES LIMITED’s gross negligence.

9.2 This Website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements.

It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with BONGO ADVENTURES LIMITED, that the content available from and through this Website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software;

9.3 Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of BONGO ADVENTURES LIMITED and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on this Website;

9.4 BONGO ADVENTURES LIMITED does not make any warranties or representation that content and services available from this Website will in all cases be true, correct or free from any errors. BONGO ADVENTURES LIMITED shall take all reasonable steps to ensure the

quality and accuracy of content available from this Website; and

9.5 BONGO ADVENTURES LIMITED does not make any warranties or representations that this Website shall be available at all times.

Users acknowledge that this Website may be unavailable due to updates or other causes beyond the reasonable control of BONGO ADVENTURES LIMITED, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.

  1. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from this Website to the website administrator and the website administrator undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

  1. INTERCEPTION OF COMMUNICATIONS

11.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to BONGO ADVENTURES LIMITED’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to this Website, its staff and employees; and

11.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ICT Act and RIC Act.

  1. ENTIRE AGREEMENT AND SEVERABILITY

12.1 These terms and conditions constitute the entire agreement between BONGO ADVENTURES LIMITED and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by BONGO ADVENTURES LIMITED from the User;

12.2 Any failure by BONGO ADVENTURES LIMITED to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and

12.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

  1. AGREEMENT IN TERMS OF SECTION 21 OF THE ICT ACT

The User and BONGO ADVENTURES LIMITED agree that:

13.1 The User shall be bound to these terms and conditions and such agreement is concluded in Mombasa Kenya at the time the User enters this Website for the first time;

13.2 Data messages (as defined in the ICT Act) addressed by the User to BONGO ADVENTURES LIMITED shall only be deemed to have been received if and when responded to;

13.3 Data messages (as defined in the ICT Act) addressed to the User by BONGO ADVENTURES LIMITED shall be deemed to be received by the User as detailed in section 23(b) of the ICT Act;

13.4 Data messages (as defined in the ICT Act) addressed by the User to BONGO ADVENTURES LIMITED shall be deemed to have been created and sent by the User from within the geographical boundaries of Kenya;

13.5 Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and BONGO ADVENTURES LIMITED; and

13.6 The User agrees and warrants that data messages that are sent to BONGO ADVENTURES LIMITED from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

  1. APPLICABLE AND GOVERNING LAW

Subject to the arbitration referred to above, this Website is hosted, controlled, and operated from the Republic of Kenya and therefore the Kenya’s law enforced by the Kenya courts governs the use or inability to use this Website, its content, services and these terms and conditions.

  1. LEGAL COSTS

BONGO ADVENTURES LIMITED shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

COPYING, DISTRIBUTION OR RE-USE OF THIS AGREEMENT, IN WHOLE OR IN PART, SHALL RESULT IN CIVIL AND CRIMINAL ACTION..