Terms of Service

Safari Marketplace is owned and provided by WTA Safari Marketplace Kenya Limited, a private limited company incorporated in Kenya under company number PVT-3B1M7DR9, Pramukh Towers, 52 Westlands Road, Westlands, Nairobi 00800, Kenya (“we”, “us”). The platform is operated on our behalf by WTA Technology Services s.r.o., Kaprova 42/14, Staré Město, 110 00 Prague 1, Czech Republic.

These terms are an agreement between us and you, the person who creates the account. If you use the platform for an organisation, you confirm that you may act for it, and the organisation is bound as well.

Safari Marketplace is a service for businesses. You may use it only for the purposes of your trade, business or profession, and these terms are not a consumer contract.

Safari Marketplace is a platform for the safari industry: tour operators, camps, guides and the people who buy from them. It is made of modules, each for one part of the work, to which an organisation is given access.

The website presents the platform. The portal is where you sign in: it shows the modules your account has access to and opens them. Nothing is bought, booked or paid on the website.

Creating an account is free. The paid plans, what each includes and their prices are shown on the website's pricing page. Paid plans cannot yet be bought online; when your organisation orders one, the plan, price, billing period and features confirmed in that order apply, together with these terms.

We develop the platform continuously, and modules and features are added, changed and withdrawn over time. We aim to keep the platform available at all times but do not guarantee uninterrupted availability unless we agree a service level in writing. We tell the organisation by e-mail at least 30 days before we withdraw a feature included in a plan it pays for.

You can create an account with your e-mail address and a password, or by signing in with Google, Apple or Facebook. With a provider, your first sign-in also creates your account. Your Google, Apple or Facebook account remains subject to that provider's own terms; we receive from it only what the Privacy Policy describes.

Each sign-in identity belongs to one account. If a provider gives us an e-mail address that already belongs to a password account, we do not merge the two automatically: we ask you to sign in with that account's password.

An account on its own gives you access to no organisation and no module. Access comes from an organisation granting it to your account.

You must be at least 18 years old to create an account.

You agree to:

• give accurate information when you create the account, and keep it current;
• keep your password and your second sign-in step to yourself, and tell us at once if you think someone else has used your account;
• use only the access your account has been given, and not try to reach other accounts, organisations or data;
• not interfere with the platform's security, including its bot protection and sign-in checks, and not overload it;
• comply with the law that applies to you and to what you do on the platform.

You must not:

• put on the platform content that is unlawful, misleading, infringes someone else's rights, or that you have no right to share;
• upload malware or anything designed to damage or gain unauthorised access to a system;
• access the platform by automated means, such as scraping, except through the interfaces we provide for that purpose;
• resell, sublicense or provide the platform to third parties without our written agreement;
• copy, decompile or reverse-engineer the platform's software, except where the law expressly allows it.

We may suspend an account or limit its access at once where that is needed to stop a security threat, to prevent harm to the platform, other users or their data, or because the law requires it. In any other case of a breach of these terms we first tell you by e-mail what the breach is and give you 14 days to put it right. If you do not, we may suspend or close the account.

Prices are shown in US dollars and exclude taxes, which are added where the law requires. Fees are payable in advance for the billing period chosen — monthly or annual — and a plan renews for the same period until it is cancelled.

• An upgrade to a higher plan takes effect immediately, at the full price of the new plan; the unused value of the previous plan is settled separately.
• A move to a lower plan during a billing period is not offered.
• Your organisation can cancel a plan at any time. Cancellation takes effect immediately, and fees already paid for the current period are not refunded, unless the law requires otherwise.

The platform, its software, design and content belong to us or our licensors. These terms let you use the platform for as long as your account and its access last; they transfer no other right.

You and your organisation keep all rights to the data and content you put into the platform. You give us the right to host, copy, process and display it only as far as we need to provide, secure and support the service. We may use aggregated, anonymised data about how the platform is used to run and improve it.

How we handle personal data is described in the Privacy Policy. Accepting these terms is not consent to marketing. Where your organisation keeps data about other people on the platform, we process it on the organisation's behalf under the data processing terms we agree with it.

The platform is provided as it is and as available. To the extent the law allows, we are not liable for indirect or consequential loss, or for lost profit, revenue, business or data, and our total liability to you and your organisation in any twelve months is limited to the fees your organisation paid us in those twelve months, or US$100 if it paid none.

Nothing in these terms limits liability for fraud, wilful misconduct or gross negligence, for death or personal injury, or any other liability that cannot be limited by law.

You are responsible for the content you put on the platform, and you will compensate us for third-party claims that arise because that content, or your use of the platform, breaks these terms or the law.

You can end the agreement at any time by asking us to close and delete your account, as the Privacy Policy describes (section 11). We can end it by telling you by e-mail 30 days in advance, or at once if a breach is not put right as section 5 describes.

When the agreement ends, access stops. For 30 days after that, an organisation can ask us for a copy of the data it put into the platform; after that period we delete it, as the Privacy Policy describes. Fees already paid are not refunded, unless the law requires otherwise.

Every version of these terms has a version identifier, shown at the top of this page. When you sign up, your account records the version you accepted. We publish each new version here and tell account holders by e-mail at least 30 days before a change that affects them takes effect.

If you do not accept a new version, you can end the agreement before it takes effect. If you keep using the platform after that date, the new version applies to you.

These terms and any dispute about them or about the platform are governed by the laws of Kenya. The courts of Nairobi have exclusive jurisdiction.

Write to us about these terms at info@safarimarketplace.app, or by post to WTA Safari Marketplace Kenya Limited, Pramukh Towers, 52 Westlands Road, Westlands, Nairobi 00800, Kenya.