TERMS OF USE
By using
www.TAfrica.com, the user agrees to the following terms
and conditions:
1.
www.Tafrica.com is operated by
TAfrica LTD. The site
offers a variety of tourism services and products including flights,
organized trips and package deals ("The Services").
2. The Services offered in
www.TAfrica.com are offered by
TAfrica LTD. The Services offered on
www.TAfrica.com may
be provided by
TAfrica LTD. and/or other various third party
providers and distributors.
3.
General
a) The use of
www.TAfrica.com is subject to the terms and conditions
stipulated hereunder ("The Terms and Conditions.") The Terms
and Conditions constitute an agreement between
TAfrica LTD. and
the user of
www.TAfrica.com.
b) The user is requested to read carefully the Terms and Conditions
as they determine his rights and obligations. Using
www.TAfrica.com
and typing "I agree to the Terms and Conditions" at the end
of this form, constitute a definite and irrevocable acceptance on the
part of the user to all the Terms and Conditions, and the user and/or
anyone on his behalf shall not have any claim and /or demand, whether
direct or indirect, against
TAfrica LTD. and/or its owners and/or
anyone acting on their behalf, except as provided here within
4. TAfrica LTD.. reserves the right to change and/or modify, at any
time and at its sole discretion, the Terms and Conditions, the scope
and availability of the offered Services and products at
www.TAfrica.com
and any other aspect connected and/or related to
www.TAfrica.com.
Each change and/or modification shall take effect from the time of its
inclusion in
www.TAfrica.com. The binding Terms and Conditions
of each order made by the user shall be the Terms and Conditions appearing
on the
www.TAfrica.com site at the time of the order. A user
who does not agree with any part of the Terms and Conditions must not
use
www.TAfrica.com.
a) The Terms and Conditions refer to both male and female, and the linguistic
use of the male gender is for convenience only.
5.
Information Security and Privacy
The personal details that the user submits while making a order, including
the details of his purchase(s), shall be retained by
TAfrica LTD.
for its database.
TAfrica LTD. shall not transfer this information
to any third party, except to its service providers and only for completing
the order.
a)
TAfrica LTD. dedicates resources and takes measures to prevent
others from entering
www.TAfrica.com and infringing upon the
privacy of the
www.TAfrica.com users. Yet it is impossible to
totally prevent others from entering the site and obtaining the information
contained within, without
TAfrica LTD. knowledge and authorization.
Therefore, the user hereby declares that he shall not have any claims
and/or demands, of whatever sort, against
TAfrica LTD. and or
anyone acting on its behalf arising from such unauthorized use of the
information if it shall regretfully occur.
6.
Ownership and Rights
www.TAfrica.com, the trademarks and models contained within are
the property of
TAfrica LTD. and/or of other third parties that
advertise in
www.TAfrica.com. The user must not change and/or
modify the content and/or the information and/or the data and/or the
software and/or the Services and/or the products and/or anything else
contained within
www.TAfrica.com. Furthermore, the user must
not copy and/or reproduce and/or republish and/or distribute and/or
sell and/or transfer and/or modify and/or use, in any way or kind, directly
and/or indirectly, data and/or information and/or any other element
contained and/or is a part of
www.TAfrica.com, (except download,
display and/or print one copy of the information presented at
www.TAfrica.com,
on a single computer, for personal, non-commercial use only).
7. Nothing contained on
www.TAfrica.com should be construed as
granting any license and/or any right to use any of the propriety rights
displayed on
www.TAfrica.com, nor any waiver of whatever kind,
of those rights by their owners.
8. The use of any trademarks and/or other propriety rights, contained
in
www.TAfrica.com, on any other Web site and/or in any other
environment of networked computers is strictly prohibited. The user
must not post and/or transmit any unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic, or profane material and/or
any other material that could constitute and/or encourage conduct that
would be considered a criminal offense and/or give rise to civil liability
and/or otherwise in violation of any law domestic or foreign.
9. Illegal and/or unauthorized use of
www.TAfrica.com and/or
of the information contained in
www.TAfrica.com shall constitute
a breach of copyrights and/or trademarks and/or other intellectual properties
and a violation of propriety laws.
The user hereby declares that he knows that
www.TAfrica.com and
all the information and/or data contained within, as well as the form
and design of
www.TAfrica.com, are the exclusive property of
TAfrica LTD. and in the case of third parties' advertisements the
property of those other third parties.
10.
TAfrica LTD. and any third party advertising on
www.TAfrica.com
make no warranty of whatever sort or kind in regard to
www.TAfrica.com
and the Services and products advertised in
www.TAfrica.com,
all of which are provided on an "as is" basis.
TAfrica
LTD. and any third party providers and/or distributors, do not warrant
the accuracy and/or completeness and/or reliability of any of the content
and/or information and/or data contained on
www.TAfrica.com,
and expressly disclaim, to the fullest extent permitted by the applicable
law, all warranties and conditions, including implied warranties and
conditions of merchantability and/or fitness for a particular purpose,
and non-infringement, and those arising by statute and/or otherwise
in law and/or from a course of dealing and/or usage of trades.
www.TAfrica.com
also includes information over which
TAfrica LTD. has no supervision
and/or control.
TAfrica LTD. does not verify the authenticity
of this information and will not bear any liability for any mistake
and/or deceit and/or discrepancy and/or missing information included
therein.
11.
Conditions and Liabilities
The liability of
TAfrica LTD. is limited by their terms of contract
as well as by international conventions and local laws. Before reserving
a flight through
www.TAfrica.com, it is recommended to read the
specific customer contract of the airline that operates the flight.
If the user wishes to receive the contract conditions of the airline
which operates the flight, he can contact
TAfrica LTD.'s Reservations
Center, and this information, if available, shall be given to him under
the condition that the user has reserved the flight through
www.TAfrica.com.
12. If the Services ordered by the user are not services that are provided
by
TAfrica LTD.,
TAfrica LTD. shall be considered as an
intermediate only, between the user and the airlines and/or the travel
agencies and/or the tour operators, and therefore
TAfrica LTD.
shall not be responsible and/or liable, directly and/or indirectly,
to any damage and/or loss, of whatever sort or kind, caused due to the
faulty and/or improper performance of those services and the sole responsibility
and liability, in this regard, shall be borne by the service providers,
according to their terms of service.
13.
TAfrica LTD. and/or any of the managers of
www.TAfrica.com
and/or the operators of
www.TAfrica.com and/or anyone acting
on their behalf do not warrant that the site is free from viruses and/or
other malicious components that may damage the user's computer and/or
other equipment and therefore shall not be responsible, under any circumstances,
and/or liable for any damages, of whatever sort or kind, caused by such
viruses and/or other components.
14. In no event shall
TAfrica LTD. and/or any third party providers
and/or distributors be liable for any injury and/or loss and/or claim
and/or damage and/or any special and/or exemplary and/or punitive and/or
indirect and/or incidental and/or consequential damage of any kind (including
but not limited to lost profits and/or lost savings and/or revenues),
whether based in contract, tort, strict liability, or otherwise, which
arises out, or in any way connected with, any use of
www.TAfrica.com
and/or any failure and/or delay (including but not limited to the use,
or inability of use, of any component of
www.TAfrica.com), the
performance and/or non-performance by
TAfrica LTD. and/or any
third party providers and/or distributors, even if
TAfrica LTD.
and/or any such third party has been advised of the possibility of such
damages.
15. The user shall compensate and indemnify
TAfrica LTD. and/or
anyone acting on its behalf and/or any third party providers and distributors
and their officers, directors, employees, and agents, from and against
any claims and/or demands including for all the expenditures and/or
damages and/or legal costs that
TAfrica LTD. may be liable to
due to the usage of
www.TAfrica.com by the user.
16.
Change, Modifications, and Cessation of the Site and Offered
Services
TAfrica LTD. may cease at any time the activity of
www.TAfrica.com
and/or cancel the Services offered in it, including but not limited
to all or some of the links contained in
www.TAfrica.com to other
sites.
-
TAfrica LTD. may cancel the purchase of the Services by the user,
without any prior notice. TAfrica LTD. may refuse access or cease
access to www.TAfrica.com or to any part of it, to any user and
at any phase, at its sole discretion and without any prior notice.
-
TAfrica LTD. may change and modify, from time to time, the site's
structure and/or outlook and/or terms and conditions of use and/or the
scope and availability of its offered services and/or any other element
connected to the site, its operation and the Services, at its sole discretion
and without prior notice.
17. All pictures and images displayed on
www.TAfrica.com are
for demonstration purposes only and do not, in any of form, constitute
any obligation of whatever sort on
TAfrica LTD.'s part.
18. Information displayed on
www.TAfrica.com that is given to
TAfrica LTD. by third parties is under the sole responsibility of
those parties, and
TAfrica LTD. shall not be responsible and/or
liable to any mistakes and/or misrepresentation, of whatever sort regarding
such information.
19.
Use of www.TAfrica.com
The user may use
www.TAfrica.com to make legitimate orders or
purchase different services and must not use
www.TAfrica.com
for any other purposes, including without limitation, to make any speculative,
false, or fraudulent order and/or any order in anticipation of demand.
20. A order through
www.TAfrica.com can be paid only by a credit
card. Any person who owns a valid credit card of one of the following
Credit Card Companies may purchase services through
TAfrica LTD.
Net: Visa, American Express, MasterCard and JCB. Without detracting
from the above stated, a condition precedent for the execution of the
purchase order through
www.TAfrica.com is the receipt of the
approval of the user's credit card company for the purchase.
21.
www.TAfrica.com is intended for making orders and purchasing
different services and products and for the receipt of information in
this regard to such services and products. No other use is permitted.
22. If the user represents that he is of a sufficient legal age to use
www.TAfrica.com and to create binding legal obligations for any
liability that he may incur as a result of the use of
www.TAfrica.com,
he shall be financially responsible for all uses of
www.TAfrica.com
by the user and those using his login information.
23.
Reservation Procedure
The user should enter in the chosen order's details, the credit card
details, and all other details requested by the order form. The user
shall be solely responsible for all errors while entering the different
requested details, including but not limited to errors in choosing the
flight destination and/or vacation and/or the number of tickets and/or
services that the user wishes to purchase and/or mistakes in regard
to the ages of the passengers and/or in regard to the passenger's passport
details.
24.
TAfrica LTD. and/or third party providers and/or distributors
shall not be responsible and/or liable, directly and/or indirectly,
if the order and/or some of the order's details shall not be accepted
by the system, for whatever reason and/or cause.
25.
TAfrica LTD. shall not be responsible for any technical and/or
other problems that shall prevent the user from purchasing the Services
on
www.TAfrica.com.
26. Entering false details, including invalid credit card details and/or
details of credit cards that the user has no right to use, is a criminal
offense. Legal action can be taken against anyone entering false information,
including civil suits for damages, which
TAfrica LTD. and/or
any third party providers and/or distributors, might incur due to, or
in regard to, the entering of false information.
27.
TAfrica LTD. and/or third party providers and/or distributors
are under no obligation to accept the user's order and/or to give it
priority over other orders including orders that were made at a later
time.
28.
Prices and Payments
The prices listed on
www.TAfrica.com are valid for orders made
exclusively through
www.TAfrica.com, The prices specified on
www.TAfrica.com are in U.S. dollars. All payments in different currencies
shall be translated to U.S. dollars, according to the selling transfer
rate of the U.S. dollar.
TAfrica LTD. shall debit the user's
credit card for the order only after confirmation of the order.
An extra fee will be charged for order changes and/or cancellations.
29. The number of vacation days per each package listed on
www.TAfrica.com
includes the day of departure and the day of return, in accordance with
the flight schedules of the various airlines. The number of vacation
days is counted from the time the passengers leave their country to
the time they return, even if the departure occurs in the afternoon
or evening and the return flight lands in the morning.
30.
Cancellations
-
Reservation that have been sent and cancelled shall be charged with
full cancellation fees.
-
The cancellation fees that the user shall be charged with shall be at
the rates customary in TAfrica LTD. and/or as charged by third
party providers and distributors of the Services. The user is requested
to ascertain, by phone, the rate of the cancellation fees before the
actual cancellation.
TAfrica LTD. recommends that the user acquire insurance policies,
which will cover events of cancellations, and a medical insurance policy.
TAfrica LTD. recommends that the user check carefully the terms
and conditions stated in these polices.
31.
General Flight Information
The flight schedules and the airport of origin and destination are subject
to changes.
32.
Visas and Passports
-
The user shall be solely responsible for any damages of whatever sort
or kind that may be caused by any errors in typing passport details,
including their expiration dates. A passenger who claims to have a valid
exit or entrance visa, in accordance with the law of the relevant countries,
and then finds out at the airport of departure or destination, that
he does not hold a valid visa and/or other essential documents, is solely
responsible for all the damages that he and/or the airline and/or
TAfrica LTD. and/or anyone acting on its behalf, shall incurred.
-
The passenger shall indemnify the airline and/or TAfrica LTD.
and/or anyone acting on its behalf, for such damages immediately upon
TAfrica LTD.'s first demand. In addition and without prejudice to
the passenger's obligation, TAfrica LTD. shall be entitled to
debit those amounts by charging the passenger's credit card that the
details of which were given by the passenger and/or any other means.
33.
Links to Other Sites
www.TAfrica.com contains links to different commercial Web sites
and other Internet pages (hereinafter: "the Other Web Sites").
TAfrica LTD. has no control over the Other Web Sites, and the use
of them is subject to the terms, conditions and other instructions detailed
in the Other Web Sites, if such exist. The Web Sites are provided only
for the user's convenience and are not endorsed by
TAfrica LTD.
in any way or form.
34.
TAfrica LTD. shall not be liable in any way whatsoever to
the contents of the Other Web Sites and the inclusion of the links are
not, in any way, confirmations of whatever sort, on
TAfrica LTD.'s
behalf, as to the truthfulness and/or correctness of the information
contained on the Other Web Sites.
35. If the user shall decide to access the Other Web Sites, he does
so at his own risk. Every transaction that the user will carry out on
the Other Web Sites shall be executed directly between the user and
the Other Web Site and/or the site owners and/or its operators and/or
anyone acting on their behalf, without any involvement on the part of
TAfrica LTD. and/or anyone acting on
TAfrica LTD.'s behalf,
and
TAfrica LTD. and/or anyone acting on its behalf shall not
be liable, in any way or form, to any act and/or transaction and/or
purchase that shall take place in the Other Web Sites.
36. By using
www.TAfrica.com, the user agrees and acknowledges
that he will have no claim and/or demand, of any kind or form, against
TAfrica LTD. and/or anyone acting on its behalf for any use and/or
act and/or transaction and/or purchase of products and/or services that
will take place on the Other Web Sites.
37. If
TAfrica LTD. and/or anyone acting on its behalf, shall
try out of their good will and on exceptional basis to assist in solving
a problem of a user on
www.TAfrica.com that chose to carry out
a transaction on the Other Web Sites, this assistance shall not be interpreted
in any way as putting any liability, of whatever kind or form, on
TAfrica LTD. and /or anyone acting on its behalf. Similarly, nothing
shall be interpreted in these Terms and Conditions as creating any liability
of whatever sort or kind on
TAfrica LTD. and/or anyone acting
on its behalf, for any act, whatsoever, that the user has taken on the
Other Web Sites or by means of the Other Web Sites.
38.
Entire Agreement, Additional Terms and Severability
These Terms and Conditions, together with those incorporated herein
or referred to herein, constitute the entire Agreement between
TAfrica
LTD. and the user, relating to the subject matter hereof, and supersedes
any prior understandings and/or agreements (whether oral and/or written)
regarding the subject matter, and may not be amended and/or modified
except in writing or by making such amendments or modifications available
on
www.TAfrica.com.
39. Additional terms and conditions may apply to orders, purchases of
goods and/or services and other uses of portions of
www.TAfrica.com,
and the user agrees to abide by such other terms and conditions.
40. The Terms and Conditions shall be deemed severable. If any provision
shall be determined to be unenforceable and/or invalid, such provision
shall nonetheless be enforced to the fullest extent permitted by the
applicable law, and such determination shall not affect the validity
and enforceability of any other remaining provisions.
41.
Jurisdiction and Choice of Law
The law of the United Window (UK) only, shall govern this Agreement
and the orders made through
www.TAfrica.com. The Courts of the
UK shall have the exclusive jurisdiction in any dispute and/or complaint
and/or the claim regarding the use of
www.TAfrica.com and the
purchases/orders made on it.
TAfrica - The Company
TAfrica founded at 2009 by leading professionals from the travel industry and the IT industry.
TAfrica vision it to become the first and leading travel provider for the African Travel Industry, to provide state of the art booking facilities combining with online credit card payments services and to be connected directly to any travel provider in Africa.