Terms of use

1. Overview

• These Terms govern your ("Customer") use of the Zafari platform ("Platform") and related services ("Services").
• Acceptance occurs via order form, written confirmation, clicking acceptance, or using the Services.
• In case of conflict between these Terms and the Order Form, these Terms prevail.
• Zafari retains ownership of all rights in the Platform.

2. Services

• Zafari offers the Services described in your Order Form and on our website, including Back Office, Website Builder, Direct Booking Engine, Payment Gateway,
  and Channel Manager.
• Free services incur no charge.
• Commissioned services are charged as follows (non-refundable):

3. Customer Obligations

• You agree to provide accurate information and use the Platform lawfully.
• You are responsible for compliance with local laws, handling guest disputes, and refunds/chargebacks.
• Misuse may result in suspension or termination.

4. Fees, Payment & Pricing Flexibility

• Fees are detailed in your Order Form or as otherwise notified by Zafari.
• Commission fees are non-refundable.
• Subscription fees (where applicable) are payable monthly in advance. Failure to pay within 7 days of due date may result in suspension of access until paid.
• Pricing Changes: Zafari may introduce new or amended pricing models (e.g. hybrid, tiered, usage-based) by providing 30 days' notice. Continued use of the Services after the notice period constitutes acceptance. (See Annex 1: Pricing Model Flexibility).
• Payout Timing: Payouts to Customers for bookings made through the Payment Gateway are typically processed within two (2) business days, in line with Paystack’s settlement schedules. However, delays may occur due to factors beyond our control, including but not limited to banking delays, payment processor issues, or other technical disruptions.
• Disputed invoices must be raised within 7 days of receipt. Overdue amounts may accrue interest at prevailing commercial rates.

5. Suspension and Termination

• This Agreement continues until terminated.
• Subscriptions auto-renew monthly unless terminated with 30 days' notice.
• Zafari may immediately suspend or terminate Services if:
• Zafari may immediately suspend or terminate Services if:

• You breach these Terms or misuse the Platform.
• Payment remains overdue after 7 days' notice.
• Required by law or to protect security/integrity of the Platform.

• Upon termination:

• All fees become immediately payable.
• Access will be disabled.
• Data export may be requested within 30 days.

6. Service Levels and Support

• Zafari will provide reasonable support and aims for 99% monthly uptime (excluding planned maintenance and Force Majeure).
• No warranty is given for uninterrupted or error-free operation.

7. Intellectual Property and Customer Content

• Zafari retains ownership of all intellectual property in the Platform.
• You grant Zafari a royalty-free right to use your name and logo for marketing purposes.
• You warrant that any content you upload does not infringe third-party rights and agree to indemnify Zafari for any related claims

8. Data Protection and Privacy

• Each party agrees to comply with all applicable Data Protection Laws, including the most up-to-date legislation in Kenya and internationally, as relevant to the processing of Customer or End Consumer data.
• Zafari may process Customer Data as a processor for the purpose of providing the Services.
• Zafari uses subprocessors (details available on request).
• Upon termination, you may request export of your data within 30 days.
• See Zafari’s Privacy Policy for more details.

9. Confidentiality

• Both parties agree to maintain confidentiality of proprietary or sensitive information.
• Disclosure is permitted only with written consent or as legally required.

10. Force Majeure

• Neither party will be liable for failure or delay caused by circumstances beyond their reasonable control, including natural disasters, war, pandemics, power outages, or internet disruption.
• Obligations affected by Force Majeure will be suspended for the duration of the event.

11. Limitation of Liability

• Zafari’s liability is excluded to the fullest extent permitted by law.
• Zafari is not liable for indirect, incidental, or consequential losses.
• Zafari’s total liability is limited to the fees paid by you in the calendar year of the claim.
• You bear full responsibility for guest refunds, chargebacks, and cancellations.

12. Assignment

• You may not assign your rights under this Agreement without Zafari’s consent.
• Zafari may assign or transfer its rights and obligations without your consent (for example, to an acquirer or affiliate).

13. General

• No waiver is effective unless in writing.
• Notices may be sent via email and will be deemed delivered within 48 hours.
• If any provision is unenforceable, the remainder remains valid.
• This is the entire agreement between the parties and supersedes prior agreements.
• All notices, requests, or proposed amendments to these Terms must be submitted in writing to info@zafari.africa.

14. Governing Law and Dispute Resolution

• This Agreement is governed by the laws of Kenya.
• Disputes will first be referred to mediation in good faith before litigation.
  

Annex 1: Pricing Model Flexibility

• Zafari reserves the right to introduce new pricing models (e.g. hybrid, tiered, usage-based).
• These changes will not affect fixed-term contracts until expiry.
  
• 30 days’ notice will be given before implementation of new models.
  

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