Expeditions Extraordinaire Privacy Policy

Updated October 7, 2020

Introduction

Your privacy concerns and trust are important to Expeditions Extraordinaire(“we”, “us”, or “our”). This Privacy Notice has been prepared to help you understand what information is collected through your interactions with us on our website or anywhere this Privacy Notice is posted, and how this information is used. If you have questions about this Privacy Notice, you may contact us at info@expeditionsextraordinaire.com. To the extent permitted by applicable jurisdiction, by accessing the website for us or anywhere this notice is posted, you consent to this Privacy Notice. 

If you reside in the European Economic Area, United Kingdom, or Switzerland (collectively, “EEA Residents”), you have additional rights with respect to your personal data, which include rights under the EU’s General Data Protection Regulation (“GDPR”).

If you reside in California, USA, you have additional rights with respect to your personal information as granted by the California Consumer Privacy Act (“CCPA”).

This Privacy Notice describes our privacy practices for data that we collect:

-through our website (the “Website”);

-through our social media pages that we control, if any (collectively, our “Social Media Pages”);

-through our email messages and through your communications with us, and

-when you visit or stay as a guest at one of our properties or through other activities and interactions with us (collectively, “Property Interactions”).

Collectively, we refer to the Website and our Social Media Pages as the “Online Interactions” and, together with the Property Interactions, the “Services.”  By using the Services, you agree to the terms and conditions of this Privacy Notice.

Changes to This Privacy Notice

We reserve the right to modify this Privacy Notice at any time, and when required by law, we will notify you of changes to this Privacy Notice. If we make any material changes and are required by law to notify you, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our Services prior to the change becoming effective.

We may provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your personal information.

Personal Information That We Collect

Personal information is data that identifies an individual or relates to an identifiable individual. This includes information you provide to us, information which is collected about you automatically, and information we obtain from third parties.

When you avail our Services, at various points we will collect your personal information in accordance with law. You may choose not to provide certain personal information; however, you may be unable to use a certain product or service or be unable to access certain functionalities of our Services. For example, your name and contact information are needed to make a reservation. Below we have listed the categories of personal information that we may collect from you.

–Contact Information. Your first and last name, email address, postal address, phone number, user name, social media handle, whether you are a customer or travel agent, or other similar contact information. We may also collect names, email addresses, phone numbers, user information or other similar contact information of your travel companions. We may also collect your signature and employer information.

–Billing Information. Information that you provide us to process your payment if you make purchases, such as your credit or debit card number, or bank information, including but not limited to reservations.

–Customer Service Information. Information related to your stay, such as your preferences, special requests you make, or information related to products or services you use.

–Survey Information. The information you provide in response to a survey that you choose to respond to, including opinions on resort features or offerings, your interest in other resorts, and other such comments and suggestions.

–Demographic Information. Demographic information, such as your geographic location, date of birth, anniversary date, or any other significant date. We may collect information about your significant others and travel companions, such as the names and ages of children. 

–Traveler Information. Your travel details, including personal identification such as a passport, the license plate or make and model of your car, or information about other individuals travelling with you.

–Protected or Sensitive Information. Unless specifically requested, we ask that you not send us, and you not disclose, on or through the Services or otherwise to us, any protected or sensitive personal information (e.g., social security number, taxpayer identification number, passport number, driver’s license number or other government-issued identification number; credit or debit card details or financial account number, with or without any code or password that would permit access to the account, credit history; or information on race, religion, ethnicity, sex life or practices or sexual orientation, medical or health information, genetic or biometric information, biometric templates, political or philosophical beliefs, political party or trade union membership, background check information, judicial data such as criminal records or information on other judicial or administrative proceedings).

–Health Information. When you dine, participate in any of our activities or use certain services like spa, you may choose to provide health related information, such as whether you have any preexisting conditions. This information is provided at your discretion. You should not rely on us to retain a record of the health information you provide for any future activities in which you participate.

–Audio and Visual Information: During your visit or stay at our properties, we may collect your and your travel companions’ images, and video and audio data via security cameras located in public areas, such as lobbies, restaurants, elevators, etc.

–Biometric Information: Some of our properties may collect biometric information, such as digital images. 

–Online Interactions. We collect aggregated analytics data about website visitors, such as your internet protocol (IP) address, location information, when you use our Website or interact with us through social media. 

Personal Information Received From Third Parties. We may receive some of the above stated personal information about you from third parties, such as from booking agents, business affiliates of ours, through technology such as cookies, and when you use third party agents or third party services, such as booking sites to make a reservation.

How We Collect Personal Information

We collect personal information in the following manner:

Personal information that you provide

–Online Interactions. We collect personal information from you when you visit our website, establish an account, interact with us on Social Media, subscribe to our newsletter or email updates, or send us requests over emails.

–Property Interactions. We collect personal information from you about you and your travel companions when you check-in to our properties, tell us your preferences, book an appointment to participate in activities at our properties, or use our on-property services, such as restaurant, concierge services, health clubs, and spa.

–Customer Service. We collect personal information when you make a reservation or authorize a third party to make a reservation on your behalf by call or email to Customer Service.

–IOT Devices. We may collect personal information from IOT Devices (which are devices that are connected to the Internet) that are available at our properties.

–Security Systems. We may collect information from audio or video located in public areas in our properties.

–Other Sources. We collect personal information from other sources, such as public databases, joint marketing partners and other third parties.

Personal Information that we collect from you automatically

–Information that we collect through automatic data collection, such as Google Analytics. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: (a) Non-personal details of your visits to our Website, including traffic data, location data, logs and other communication data, and the resources that you access and use on the Website; (b) Information about your computer and internet connection, including your IP address, operating system and browser type.

You can learn more about Google Analytics at https://www.google.com/policies/privacy/partners/, and you may choose to opt-out by visiting https://tools.google.com/dlpage/gaoptout.

Cookies. We also collect personal information through cookies and similar technologies, and provide additional details on cookies and how to change your cookie preferences.  

Anonymized and Aggregated Data

Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Notice applies to anonymized or aggregated customer data (i.e. information about our customers (i.e., you) that we combine together so that it no longer identifies or references an individual customer).

We may use anonymized or aggregate customer data for any business purpose, such as to better understand customer needs and behaviors, improve our Services, conduct business intelligence and marketing, and detect security threats. We may perform our own analytics on anonymized data or enable analytics provided by third parties.

Types of data we may anonymize include, contact information, survey information, and demographic information. 

How Is Your Information Processed?

Personal information is used to communicate with you and to provide the products or services you have requested. It is also may be used to conduct business operations, to improve products and Services offered by us, and to send you marketing offers that may interest you.

We may process your personal information in the following ways:

To provide you Services. We use personal information to provide Services, including:

1. Facilitate communication between you and us. Personal information may also be used to understand how customers use our Services in order to improve the experience and the services offered.
2. Facilitate reservations, payment, sending information pertaining to your stay, to assist you with your requests, and to provide you with pertinent information.
3. Complete your reservation and stay.
4. Send you an electronic receipt of your bills, if requested by you.

We may not be able to provide you with the Services without such information.

To provide you with personalized service. We use personal information to improve and tailor our Services to your preferences. We may not be able to provide you with the personalized Services without such information.

Third Party Booking. If you use a third party to book a reservation, your personal information is used by us to confirm your reservation and provide Services.

To communicate with you. Your personal information is used to respond to you or to communicate with you about the Services. For example, we may contact you to inform you of any changes to your booking or to suggest activities to add to your itinerary. The types of communications that are sent depend on your use of the Services offered by us and can include:

1. Confirmations and Itinerary Communications.You may receive communications to confirm your booking or to help you create an itinerary for your stay, such as communications containing information about local sites, services, places of interest and other things to do.
2. Text Alerts.You may receive text message alerts related to information, services, marketing, or special offers that you have requested.
3. Marketing and Targeted Advertising.Personal information is used to communicate with you about promotions and marketing offers that may be of interest you. Cookies and other similar technology are also used to learn about your interests and to send you more relevant advertising.
4. Guest Surveys.If you stay with us, you may receive a guest survey to give feedback about your experience. These surveys are used to learn about how our Services can be improved.

If we do not process personal information for such purposes, we cannot respond to your requests which may interrupt your enjoyment of our Services. While you may be able to opt-out of marketing-related communications, you may not be able to out-out of receiving critical Service related communications, such as confirmation of your itinerary and appointments for activities that you have signed up to participate in at our properties where you are staying.

To ensure quality. We process your personal information for quality control and staff training to make sure that we continue to provide you with exceptional Service. If we do not process personal information for quality control purposes, you may experience issues with our Services.

To maintain security. We collect audio and visual images from cameras installed in public areas in our properties. In some of our properties, we may collect some biometric information. Without such information we will not be able to ensure security of our properties.

To enhance your experience. We process your personal information to provide a personalized experience, and implement the preferences you request. Without such processing, we may not be able to ensure your continued enjoyment of part or all of our personalized Services.

To facilitate corporate acquisition, mergers, or transactions. We may process any information that you have provided, including the use of our Services, as necessary, in the context of corporate acquisitions, mergers, or other corporate transactions. You have the option of asking us to delete your information if you do not wish to have your personal information processed for such purposes.

To engage in marketing activities. Based on your communication preferences, we may send you marketing communications (e.g. emails or mobile notifications) to inform you about our offers, events or our partner events; to deliver targeted marketing; and to provide you with promotional offers. Our marketing will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law.

For purpose that you have consented to. We may disclose your personal information for any purpose you consent to. 

We will not use your personal information for purposes other than those purposes we have disclosed to you, without your permission. From time to time, and as required under the applicable law, we may request your permission to allow us to share your personal information with third parties. You may opt out of having your personal information shared with third parties, or allowing us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorization. If you choose to so limit the use of your personal information, certain features of our Services may not be available to you.

EEA Data Subjects

Legal Basis for Processing your Information

For individuals who are EEA Residents at the time their personal data is collected, we rely on legal basis for processing your information under Article 6 of the EU General Data Protection Regulation (“GDPR”). We generally only process your data where we are legally required to, where processing is necessary to perform any contracts we entered with you (or to take steps at your request prior to entering into a contract with you), for our legitimate interests to operate our business or to protect us, or you, property, rights, or safety, or where we have obtained your consent to do so. Below is a list of the purposes described in our policy with the corresponding legal basis for processing.

Legal Basis for Processing your Information

For individuals who are EEA Residents at the time their personal data is collected, we rely on legal basis for processing your information under Article 6 of the EU General Data Protection Regulation (“GDPR”). We generally only process your data where we are legally required to, where processing is necessary to perform any contracts we entered with you (or to take steps at your request prior to entering into a contract with you), for our legitimate interests to operate our business or to protect us, or you, property, rights, or safety, or where we have obtained your consent to do so. Below is a list of the purposes described in our policy with the corresponding legal basis for processing.

Based on our contract with you or to take steps at your request prior to entering into a contract with us so that we can provide you with our Services:

-To provide you Services

-To provide you with personalized Services

-To communicate with you

-To ensure quality

-To ensure security

Based on our legitimate interests, balancing any potential impact on you and your rights:

-To enhance your experience

-To facilitate corporate acquisitions, mergers, or transactions

Based on our legal obligations, the public interest, or in your best interest:

-To ensure security

Based on your consent:

-To enhance your experience

-To engage in marketing activities

-For any purpose

Right to Withdraw Consent

If you have given us consent in relation to particular processing or activities, you can withdraw your consent at any time by contacting us as indicated in the “HOW YOU CAN EXERCISE THESE RIGHTS” section.  

Why We Share Your Personal Information with Third Parties

Your personal information is allowed to be only accessed by those who require access to perform their tasks and duties, and to share only with third parties with whom we have your consent or to complete the transaction of a service you have requested or authorized. Personal information is also shared with our affiliates, vendors and third party service providers to process on our behalf. We will never sell or rent your personal information to third parties without your explicit written consent. We only share your information in the following circumstances:

-With service providers under contract who help with parts of our business operations. Our contracts require these service providers to only use your information in connection with the services they perform for us, and prohibit them from selling your information to anyone else. Examples of the types of service providers we may share personal information with (other than those mentioned above) include: (a) Network infrastructure; (b) Cloud storage; (c) Payment processing; (d) Document repository services; (e) Sales; (f) Booking; (g) Concierge Services; (h) Revenue Management; (i) Website Management; (j) Accounting; (k) Customer Support; (l) Internet (e.g. ISPs); (m) Data analytics; (n) Information Technology.

-With companies or other entities that we plan to merge with or be acquired by, if there is going to be a change in how your personal information is going to be processed, you will receive prior notice of any such change.

-With companies or other entities that purchase us pursuant to a court-approved sale or where we are required to share your information pursuant to insolvency law in any applicable jurisdiction.

-With our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of our operations or otherwise comply with our legal obligations.

Other Uses and Disclosures of Personal Information

We will use and disclose personal information as we believe to be necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including authorities outside your country of residence and to meet national security or law enforcement requirements; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of us, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.     

Third Party Links and Services

If you authorize third parties to act on your behalf, such as engaging third party booking agents or services, then information that you have provided to us may be shared with those third parties.

Further, our website may contain links to other third party websites for your convenience. We are not responsible for the privacy policies and practices of other third parties and any information that you submit to a third party is subject to their privacy policy. Once you leave our website or are redirected to any third party website, application, or other online service, you are encouraged to read and familiarize yourself with the privacy terms or policies applicable to that third party.

Please note that we are not the owner, developer, sponsor, or sales or marketing agent of affiliated third party websites, are not responsible for the content of affiliated third party websites, and cannot guarantee the accuracy or completeness of information of any information displayed on third party sites.  

How Your Information Is Kept Secure

Physical, administrative and electronic safeguards are used to secure the confidentiality and integrity of personal data. While no method of data transmission or storage is 100% secure, and it is not possible to guarantee that a system or network will never be compromised, reasonable measures are taken to protect your personal data against loss, destruction, alteration, or unauthorized access or disclosure. It is your responsibility to keep your passwords confidential.

Data Transfers and Processing

Expeditions Extraordinaire is headquartered in and has operations in Tanzania. To provide services, you acknowledge that your personal data may be shared with third parties in locations around the world for the purposes described in this Privacy Notice. Countries where data is processed may have data protection laws that differ from those in your own country.  

Your Privacy Rights

Depending on applicable law where you reside, you may be able to assert certain rights related to your personal information identified below. If any of the rights listed below are not provided under law for your jurisdiction, we have absolute discretion in providing you with those rights.

Your rights to personal information are not absolute. Depending upon the applicable law, access may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on others privacy; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons.

Access and portability. You may request that we provide you a copy of your personal information held by us. This information will be provided without undue delay. In certain circumstances, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another data controller.

Rectification of incomplete or inaccurate personal information. You may request us to rectify or update any of your personal information that we have. You may do this at any time by contacting us at info@expeditionsextraordinaire.com.

Withdraw consent. To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of your processing based on consent before your withdrawal.

Restriction of processing. In some jurisdictions, applicable law may give you the right to restrict or object to us processing your personal information under certain circumstances. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

Automated individual decision-making, including profiling. We do not rely on automated individual decision-making or profiling tools.

Right to Know. You have the right to know and see what data we have collected about you over the prior 12-month period, including:

-The categories of personal information we have collected about you;

-The categories of sources from which the personal information is collected;

-The business or commercial purpose for collecting your personal information;

-The categories of third parties with whom we have shared your personal information; and

-The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

-Complete your transaction;

-Provide you a good or service;

-Perform a contract between us and you;

-Protect your security and prosecute those responsible for breaching it;

-Fix our system in the case of a bug;

-Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws;

-Comply with a legal obligation; or

-Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Other Rights. To the extent we sell your personal information to third parties, you also have the right to request that we disclose to you: (i) the categories of your personal information that we sold, and (ii) the categories of third parties to whom your personal information was sold. You have the right to direct us not to sell your personal information. We do not sell your personal information in their ordinary course of business and will never sell your personal information to third parties without your explicit consent.

Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing. We will confirm receipt of request to a verified customer within 10 days of receiving the same.

Retention of Personal Information

We store your personal information securely. We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about our typical retention periods for different aspects of your personal information are described below.

-Personal information collected to comply with our legal obligations may be retained for as long as required under such laws.

-Contact Information such as your name, email address and telephone number for marketing purposes may be retained for 5 years from the date of creation. Thereafter we will add your details to our suppression list to ensure we do not inadvertently market to you, unless you reach out to us.

-Information collected via technical means such as cookies, webpage counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.  

How to Opt Out of Marketing Communications

You have choices about how to manage your personal data and what types of communications you receive from us. Please contact us at info@expeditionsextraordinaire.com. We will endeavor to respond to your inquiry within 30 days. Please note that there may be a legal obligation to preserve certain data and that additional information may be requested from you in order to confirm your identity. This is to ensure that your personal data is not disclosed to a person who does not have a right to receive it.

Email Communications: You may choose to opt-out of receiving certain email communications by following the instructions in the email to unsubscribe.

Contact Us

Email: info@expeditionsextraordinaire.com

Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to this website, and all associated websites linked to this website by Expeditions Extraordinaire (“Company”), its subsidiaries, affiliates, and related entities (collectively, the “Site”). Any references to “You” also include your representatives, agents, contractors, affiliates, and employees. These Terms of Use constitute a binding agreement between you and Company and govern your access and use of our website. Company may add to, change or remove any part of these Terms of Use at any time or from time to time, without notice, and any such modifications will be effective immediately upon posting.

BY USING OR INTERACTING WITH THE SITE, YOU AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY AND WITHOUT LIMITATION OR MODIFICATION; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

It is your responsibility to check these Terms of Use periodically for changes. Your use of the Site following the posting of changes to the Terms of Use will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.

You may use information purposely made available by Company for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such information; (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information.

Your Use of the Site

• You may not use any program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Company reserves the right to bar any such activity.
• You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.
• You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Company, including any Company account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
• You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company’s systems or networks, or any systems or networks connected to the Site or to Company.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or with any other person’s use of the Site.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

Company may, but has no obligation to, monitor and record activity on the Site for any reason or for no reason. Company may investigate any complaint or reported violation of these Terms of Use. Company may also report any activity that Company suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities.

Other Terms and Conditions

Additional terms and conditions may apply to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Company’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Company may make changes to any products or services offered on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Company makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to create an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Company or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Company will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Company’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Links to Other Sites and to the Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. We encourage you to review the privacy policies and terms of use of all other websites that you visit including such Linked Sites.

Disclaimers

COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of, or access to, the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, and related entities, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Site or related to any breach by you of any of the Terms of Use or applicable law, including those regarding intellectual property.

Limitation of Liability

Except where prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Company’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Waiver of Jury Trial

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SITE OR TERMS OF USE.

Violation of These Terms of Use

Company may, in accordance with applicable law, disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company’s rights or property, or the rights or property of visitors to or users of the Site. Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Company may preserve any transmittal or communication by you with Company through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Site, and the public.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United Republic of Tanzania without regard to its conflicts of laws provisions.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis.

Void Where Prohibited

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside of the intended geographic location. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. Any offer for any feature, product or service made on the Site is void where prohibited.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

02/05/2020, 04:32:49 PM