About Safiria - Privacy Policy for Website Usage

TERMS AND CONDITIONS

By using the Safiria website you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions at any time and without prior notice to you, and your continued use of the website owill be conditioned upon the terms and conditions in force at the time of your use. Therefore, you should carefully review our terms and conditions each time you use our website. If the terms and conditions are not acceptable to you, you must not use our website.

OWNERSHIP OF THE WEBSITE

The Website is owned by Safiria Kenya Investment Company. All information, including without limitation text, graphics, software and all other materials including any Booking Engines, codes and scripts herein are property of the respective Safiria, except where specified. You do not, by using the Safiria website, acquire any ownership or other rights to any content or other materials contained on or accessible through the website.

COPYRIGHTS, SLOGANS AND TRADEMARKS

The content on the website are protected under applicable laws of intellectual property rights, including but not limited to copyright and trademark laws. Copying, redistribution, use or publication of any part of the website, except as allowed under the prevailing terms and conditions is strictly prohibited. Posting of any material on the Safiria website does not constitute a waiver of any such rights. "Safiria", "Safiria Kenya," "All You Need for Your Travel and Vacation Requirements" and any other trademarks or slogans and business names contained on the the Safiria website should not be used without written permission from the respective owners.

LIABILITY DISCLAIMER AND LIMITS

THE CONTENT OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT OR OTHER MATERIALS MAY BE CHANGED OR UPDATED PERIODICALLY. HOWEVER WE SHALL NOT BE REQUIRED TO MAKE ANY CHANGES TO OUR WEBSITE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU. NEITHER DO WE MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON OUR WEBSITE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH OUR WEBSITE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR WEBSITE OR ANY BOOKING ENGINES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. OUR WEBSITE AND/OR BOOKING ENGINES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD US HARMLESS.

THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH OUR WEBSITE OR BOOKING ENGINES ARE INDEPENDENT CONTRACTORS AND ARE NOT OUR AGENTS. NEITHER ARE WE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FROM TIME TO TIME, ACCESS TO OUR WEBSITE OR ANY BOOKING ENGINES (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE.

FORCE MAJEURE

YOU AGREE THAT WE WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR CONTROL, AND FURTHER THAT NEITHER SHALL WE HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OUR WEBSITE OR ANY BOOKING ENGINES OR THE DELAY OR INABILITY TO USE OUR WEBSITE OR ANY BOOKING ENGINES, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE OR ANY BOOKING ENGINES, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR ANY BOOKING ENGINES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SAFIRIA’S TOTAL LIABILITY FOR LOSS OR DAMAGES RELATING TO OR ARISING OUT OF OUR PERFORMANCE HEREUNDER AND/OR ARISING UNDER ANY THEORY AT LAW OR EQUITY (WHETHER TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE LESSER OF (a) THE SUBSCRIPTION FEE AND SERVICE CHARGE FOR ACCESSING THIS WEBSITE OR ANY BOOKING ENGINES, OR (b) US$100.00. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO SAFIRIA AND WITHOUT ANY LIABILITY WHATSOEVER, SAFIRIA AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THE WEBSITE OR ANY BOOKING ENGINES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF USE

You should only use the Safiria website and any Booking ENGINES on it to make legitimate reservations or purchases or establish contacts and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand.

LINKS TO OTHER WEBSITES

The Safiria website and any Booking Engines on it may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website or any Booking Engines does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Website or any Booking Engines to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

MISCELLANEOUS

This User Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya without regard to any conflict of law principles. You irrevocably and unconditionally agree that any legal proceeding arising out of or relating to this User Agreement may be brought the Republic of Kenya and hereby consent to the jurisdiction of each such court in any proceeding. Use of our Website or any Booking Engines is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

These terms and conditions constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Safiria website, any Booking Engines, the content or any products or services provided by or through the Safiria website or Booking Engines, and the subject matter of this User Agreement.

You agree that no joint venture, partnership, employment or agency relationship is created as a result of these terms and conditions or use of the Safiria website or any Booking Engines.

Safiria may terminate tthese terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of the website or any Booking Engines or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Safiria and their respective third party providers and distributors may be entitled, at law or in equity. Upon termination of these terms and conditions, all rights granted to you will terminate and revert to Safiria and their respective third party providers or distributors, as applicable.

You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Safiria as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Safiria shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Safiria in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

Other terms and conditions may apply to your purchase of products or services offered on or through the Safiria website and/or any Booking Engines.

Latest revision: 9th February 2007