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TERMS

Please read these Terms before using this Website. 

Thank you for accessing www.africatripplanners.com ('this Website'). This Website is operated by Africa Trip Planners  ('we', 'ourselves' or 'us'), and other wholly owned subsidiaries of Upmost Foundation.

When you access this Website, or use any service offered by us on this Website ('the Service') you will be subject to the following terms ('these Terms'). These Terms apply to both individuals accessing the site and using its services and/or information for personal use ('the user' or 'customer'), and to individuals, companies and/or organisations using the website and its services for commercial reasons, as a displayer and/or purchaser of listings, advertising and/or sponsorship ('the supplier').

Acceptance of Terms

You acknowledge that you use this Website, including the Content, and the Service at your own risk. By using this Website you signify your acceptance of these Terms, in return for which we grant you access to the Service. If at any time you do not wish to accept these Terms then you should not use this Website.

These Terms are governed by the laws of Canada and Ontario and you irrevocably agree that the courts of Ontario, Canada are to have exclusive jurisdiction in relation to any claim that you may bring against us arising out of a dispute relating to these Terms, this Website or the Service.

By using this website you also acknowledge the principles set out in our [privacy policy] (/customers/privacy) concerning the use of your data.

Use of the website

This Website, including the Content, is protected by copyright and/or other proprietary rights. The Content includes content owned and controlled by advertisers, suppliers or other third parties and licensed to us. All individual descriptions, specifications, images and other elements making up this Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained on this Website.

You may not make this Website available as part of another website, whether by hyperlink or otherwise, without first obtaining our prior written consent to do so. If you want to obtain our consent then please contact us HERE

You have no ownership rights or licences in any of our trading names or trademarks and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this website. You may only download to your own personal computer for viewing purposes and print out pages from this website for your own personal use, and in accordance with these terms.

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

We are delighted to receive contributions to the website (including articles, tips, photos, and general feedback comment). Please be aware that the website is accessible internationally, and by contributing in anyway, you are consenting to the publication of your contribution on www.upmostfoundation.org or on any site or medium we deem fit. You agree to use our current and future interactive services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum. We reserve the right, where necessary in our sole discretion and without prior notice to you, to edit or reject any contributions, automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others
  • Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content
  • Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment
  • Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so
  • Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters
  • Download any file that you know or reasonably should know, cannot be legally obtained in such manner
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material
  • Restrict or inhibit any other user from using and enjoying any public area within our sites
  • Collect or store personal information about other end users
  • Interfere with or disrupt our sites, servers or networks
  • Impersonate any person or entity, including, but not limited to, a Upmost representative, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites
  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure
  • Engage in any illegal activity

You access this Website on your own initiative and you are responsible for complying with local laws and regulations. This Website is not to be accessed in any jurisdiction where, for any reason, the publication or availability of this Website or the provision of the Service (or any part of it) is prohibited. We do not represent that this Website complies with laws in all jurisdictions. You should seek legal advice if you remain in doubt you should not access this Website.

Use of cookies

By using this site, you specifically consent for us to use cookies in accordance with our cookies policy

Disclaimer of warranty

We make every effort to ensure that the information and services of this website are beneficial to both user and supplier. However, this website, the service and the content of this Website is provided by us on an 'as is', and 'as available' basis. All warranties, express or implied, of any kind are excluded as far as is permitted under applicable law. This includes (but is not limited to) exclusions of warranties of title, satisfactory quality, fitness for a particular purpose, and non-infringement of proprietary or third party rights. We make no warranty that:

  • the service will be uninterrupted, timely, secure or error free
  • that the website is free of computer viruses or other harmful components
  • the information and results that may be obtained from the use of this service will be acceptable to the user or supplier
  • the quality of any products, services, information or other material purchased or obtained through this service or from this service will meet either user or supplier expectations

Limitation of Liability

Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, we will not be liable to you or any other person for any direct, indirect, consequential, incidental, special, or punitive damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, whether in contract or in tort (including negligence), arising in any way out of:

  • Access to or use of or inability to access or use the site or any linked sites or its contents.
  • The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
  • Unauthorised access to or alteration of your transmissions or data.
  • Statements or conduct of any third party on this website or service
  • Any other matter relating to this website or service.

Other specific limitations and exclusions that apply to either the user or supplier are expressed in the disclaimer for the former, and the terms of business for the latter.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or otherwise engage in conduct we deem inappropriate, we may take such action as is required, including terminating or suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Force Majeure

If there is any failure or delay in performance of our obligations resulting from events or circumstances not reasonably within our control, we will not be liable or have any responsibility of any kind for loss or damage incurred by you.

Miscellaneous

Each provision of these Terms stands alone and if any provision is, or becomes, invalid or contravenes any applicable regulations, the remaining provisions will not be affected.

Our rights and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.

If at any time we waive any breach of any obligation arising under these Terms then that does not mean we have waived any other breach, and we shall subsequently have the right to enforce all obligations.