- – Tembo Solutions Ltd is an ltd company incorporated in the Republic of Kenya under registration number PVT-7LUPM8Q.
- – On the website, which is accessible at www.diani.travel or via the software application developed or made available by us (the “Website”), we provide online information resources focused on the destination marketing and visitor industry (the “Services”).
- – browsers, uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content”); and/or makes any information available to us via the Website; and/or
- – is or has applied to be part of our membership program. Regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets.
- Your acceptance of the Terms
- Changes and modifications to the Terms, Website and/or Content
- – We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:
- – change these Terms;
- – change or remove Content accessible on the Website;
- – change or discontinue any aspect of Website or Services accessible on the Website; and/or
- – change the software and/or hardware required to access and use the Website.
- – Your continued access or use of the Website, Content and/or Services will be subject to the Terms in force at the time of your access or use. If you do not agree with any updates, amendments or modifications, you must discontinue use of the Website, Content and/or Services
- Permitted use and prohibited conduct
- – We hereby authorize you to view, copy, download to a local drive, print and distribute the Content of the Website, or any part thereof, provided that:
- – such Content is used for non-commercial purposes only;
- – any reproduction of the Content available on or through the Website, or any part thereof, must not infringe our intellectual property rights or the intellectual property rights of third parties, and all copies must include the following copyright notice: © Tembo Solutions Ltd. ALL RIGHTS RESERVED; and
- – your use of the Content is in accordance with these Terms.
- – You must not, directly or indirectly, do any of the following things:
- – perform any action that violates these Terms or any guidelines or policies posted by us;
- – use the Website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;
- – perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including intellectual property rights;
- – use any technology or other means to access, index, frame or link to the Services (including the Content) in a way that is not expressly authorized by us;
- – interfere with any other person’s use and enjoyment of the Services, the Website, or the Content.
- – Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
- – We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any Content in breach of the Terms.
- Availability of the Website
- – While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
- – Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Paragraphs 5.1 and 5.2 have important legal consequences for you. In this paragraph: the legal responsibilities and liabilities of Tembo Solutions Ltd are excluded or limited; and any rights you have against us are limited or excluded. We make no promises that the Website or the Content will always be available or that the Website or Content will be available without interruption. As such, should you suffer losses as a result of the Website or Content being unavailable you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages as a result of the Website or Content being unavailable.
- CPA, POPI and other laws
- – If these Terms (or any contract governed by these Terms) or the Content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act, as may be amended from time to time (the “Consumer Protection Act”), the Protection of Personal Information (“POPI”) or other laws, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
- – No provision of these Terms (or any contract governed by these Terms):
- – does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- – requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- – limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act, POPI or other applicable laws (to the extent applicable) or which we give under the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
- Access to technology and the Internet
- – We will not be responsible for your inability to access the Website, Services and Content due to limitations specific to your personal computers, mobile phones, and other similar devices (“Access Device”). To access the Content, you must have an Access Device, which is able to connect to the Internet and to receive Content.
- – You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, needed to access the Internet or to use the Service.
- – We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Access Device.
- – We will not be responsible for your inability to access the Website, Service and Content due to limitations specific to your Access Device.
Paragraphs 7.1 to 7.4 have important legal consequences for you. In these paragraphs:
our legal responsibilities are excluded or limited; you take on responsibilities and liability; and any rights you have against us are limited or excluded.
You are responsible for ensuring that your Access Device has the necessary software and capabilities to access the Content and that you have access to the technology to use the Website. It is your responsibility to make sure that you pay all Internet and data charges. We will not be responsible or liable for any of these charges, or if you cannot access the Website, Services or Content.
- Links to and from other websites
- – The Website and Content available on or through the Website may contain links to other third-party websites, which are completely unrelated to us or our Website. If you link to third party websites, you may be subject to those third-party websites’ terms and conditions and other policies.
- – Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely on your won risk.
Paragraphs 8.1 and 8.2 have important legal consequences for you. In these paragraphs:
our legal responsibilities are excluded or limited;
you take on responsibilities and liability; and
any rights you have against us are limited or excluded.
We are not liable if you suffer losses or damages when visiting another third-party website by following a link to that website from our Website. You accept that there may be risks when you use such third-party websites, and you do so at your own risk.
- Credit card or bank transfer
If applicable and available, certain Providers offer the opportunity for Reservations to be paid (wholly or partly and as required under the payment policy of the Provider) to the Provider during the Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Diani.travel facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Provider (Diani.travel never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third-party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, please note that Providers may require that payment is made upfront by wire transfer (if available), mobile money transfer or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Reservation. You will not hold Diani.travel liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Provider and not (re)claim any amount for any valid or authorized charge by the Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card. In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse. In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please state ‘credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company).
- Pre-payment, cancellation, no-show and fine print
By making a Reservation with a Provider, you accept and agree to the relevant cancellation and no-show policy of that Provider, and to any additional (delivery) terms and conditions of the Provider that may apply to your Booking (including the fine print of the Provider made available on our Platform and the relevant house rules of the Provider), including for services rendered and/or products offered by the Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Service Provider can be obtained at the relevant Provider’s profile. The general cancellation and no-show policy of each Provider is made available on our Platform on the Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Provider and the reservation. Cancellation and prepayment policies may vary per segment, product or service of each Booking. Please carefully read the fine print (below the Booking types or at the bottom of each Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Provider so they know when to expect you to avoid cancellation of your Reservation or charge of the no-show fee. Our customer service department can help you if needed with informing the Provider. Diani.travel does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Provider.
D.t runs competitions and promotions on the Website or on social media from time, subject to terms and conditions. The terms and conditions relating to such competitions and promotions will be disclosed on the Website or in other communications made available to you.
- Intellectual property rights
- – The Content we make available to you through the Website is owned by, or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you herein, all our rights, including intellectual property rights, in Content displayed on the Website, are expressly reserved.
- – You must not use the Website or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.
- – All intellectual property rights, including all rights, title and interest in and to the Website and Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
- – You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the Website or the Content other than those rights expressly granted to you in the these Terms.
- – Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- Electronic communications
By using the Website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
- – While we endeavor to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and in this regard, we make no commitment to update such material.
- – The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, availability or functionality of the Website or Content, which, but for the legal notice set out in this paragraph 14, might have effect in relation to the Website.
Paragraphs 14.1 and 14.2 are important legal consequences for you. In these paragraphs:
our legal responsibilities and liabilities are excluded or limited; any rights you have against us are limited or excluded; and you take on the responsibility and risk.
There are things that may go wrong when you use the Website and Tembo Solutions Ltd will not be responsible or liable for anything that goes wrong. You use the Website knowing and accepting that things can go wrong and there are risks. We make no promises that the Content will be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. As such should you suffer losses for relying on this Content you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages in these circumstances.
- Data protection
- Linking and framing
- – Any third-party website may link to the Website provided that such a link is directed at the home page of the Website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the Website, without our prior written approval.
- – It is expressly prohibited for any person, business, entity, or website to frame any page on the Website, including the home page, in any way whatsoever, without our prior written approval.
- Agreements in terms of the Electronic Communications and Transactions Act
- – No information or data on the Website is an offer but merely an invitation to do business.
- – No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.
- Searching technology
The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from the Website is not permitted if such technology will result in slowing down the Website server or copyright infringement of any Content available on or through the Website.
- – Subject to the provisions of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
- – The Website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
- – Information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
- – Neither CTT nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third party products or services, or from the use of or inability to use any third party products or services linked to from, or advertised on our Website.
- – Tembo Solutions shall not be held liable for any comments or postings you make on any of our social media platforms, including, but not limited to our Facebook page or via our Twitter or Instagram accounts. We do not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings).
Paragraphs 19.1 to 19.5 have important legal consequences for you and must be read carefully. In these paragraphs:
our legal responsibilities and liabilities are limited or excluded; the rights or remedies you may have against us are limited or excluded; and you take on the responsibility and risk.
There are things that may go wrong when using the Internet. We are not responsible or liable for anything that goes wrong. You use the Website knowing and accepting that these things can go wrong and that there are risks. We make no promises that the Content be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. None of the Content can be considered our opinions or the opinions of our agents or representatives. If you purchase goods or services on third party websites which you have linked to via the Website, D.t will not be liable for any losses you may suffer from your use of or inability to use the goods or services you purchased. You will not be able to take action against us if you suffer a loss or damages in these circumstances.
- – As far as the law allows, you indemnify us and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
- – your use and access to the Website, Content and/or the Services;
- – you infringing or misusing any rights of any persons, including intellectual property rights in relation to the Website or Content;
- – your violation of these Terms; or any comments or postings you may make on any of our social media platforms
Paragraph 20.1 is important and must be read carefully. It:
limits or excludes our legal responsibilities and liability; limits or excludes the legal responsibilities and liability of various persons or entities; places legal responsibilities and liabilities and risks on you.
In certain instances Tembo Solutions Ltd or other persons or entities may have claims for damage caused by you, for example, when you infringe the intellectual property rights of others, make defamatory, threatening, or discriminatory comments of social media, or violate any of these Terms. You agree to take on responsibility and liability for losses and damages Diani.travel or others persons or entities may suffer, as far as the law allows us to pass this responsibility and liability on to you. You will not be able to take action against us if you suffer losses or damages in these circumstances. your violation of these Terms; or any comments or postings you may make on any of our social media platforms.
- – In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
- Applicable and governing law
The Website is hosted, controlled and operated from the Republic of Kenya, and thus Kenyan Law governs the use or inability to use the Website and these Terms.