Terms Of Use

These Terms of Use (the “Terms”) apply to the C-AFRICA website located at c-africa.com and all associated sites linked to www.c-africa.com by C-AFRICA International Inc. and its affiliates (collectively, the “Site”). The Site is the property of C-AFRICA and its licensors. By using the Site, you agree to these Terms. C-AFRICA may revise or modify these Terms by updating this posting at any time. Such revisions and modifications bind you, so we encourage you to visit this page to review the most current Terms from time to time. C-AFRICA reserves the right to modify or remove Content from this Site without notice and, for any reason, suspend or terminate the Site’s operation and deny access to any user to all or part of this Site.

Content

You should assume that all text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned or licensed by or to C-AFRICA and is protected by Copyright and trademark laws, and various other intellectual property rights and unfair competition laws. You may download Content displayed on this Site for personal, non-commercial use only. You must retain all Copyright and other proprietary notices on downloaded Content. You may not reproduce, republish, post, publicly display, transmit, or distribute any Content unless expressly permitted in these Terms or elsewhere on the Site.

Adult Content

Please be aware that certain adult or mature Content may be available on the Website. A warning will be shown to the User before adult content is displayed. Where there is mature or adult content, individuals under 18 years of age or who are not permitted to access such Content under the laws of any applicable jurisdiction may not access such Content. If we learn that anyone under 18 seeks to conduct a transaction through the Services, we will require verified parental consent, per the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Website and Services may not be available to children under 18 under any circumstances.

Backups

We perform regular backups of the Website and its Content and will do our best to ensure the completeness and accuracy of these backups. If a hardware failure or data loss occurs, we will restore backups automatically to minimize the impact and downtime.

Disclaimer

C-AFRICA does not provide tax, investment, or financial services. The information available through the Site is provided solely for informational purposes on an “as is” basis at the User’s sole risk. The information is not meant to be and should not be construed as advice or used for investment purposes. C-AFRICA makes no guarantees about the information’s accuracy, quality, or completeness. C-AFRICA shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or any user’s reliance on the information. The User is solely responsible for verifying the information as appropriate for the User’s personal use, including, without limitation, seeking the advice of a qualified professional regarding any specific financial questions a User may have. C-AFRICA is not endorsed by or affiliated with FINRA or any other financial regulatory authority, agency, or association.

Our Right to Modify These Terms of Use

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Site and will be effective when we post the changes. Your continued use of the Site means you agree to and accept the changes.

Our Privacy Policy

Our Privacy Policy contains further information about how data is collected, used, and made available on or by our Site. We encourage you to read it here.

Intellectual Property

Your Limited License to our Intellectual Property

The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks, and service marks, are the property of C-AFRICA, About, Inc., or its affiliates or licensors and are protected by copyright, trademark, and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the prior written permission of C-AFRICA. C-AFRICA grants you a personal, non-exclusive, non-transferable, revocable license to use the Site and any materials for non-commercial purposes subject to these Terms of Use.

C-AFRICA Trademarks and Logos

The terms C-AFRICA, c-africa.com, and other C-AFRICA trademarks and services marks, associated logos and all related names, logos, product and service names, designs, and slogans are trademarks of C-AFRICA or its affiliates or licensors. You may not use such marks without the prior written permission of C-AFRICA. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Reliance on Information on Site

We have no obligation to, and you should not expect us to, review content on our Site, including User Contributions (defined below) or contributions by our independent contributors.

About our Contributors

C-AFRICA seeks out content providers in particular subject matters as independent contractor contributors to the Site. C-AFRICA does not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has specific qualifications or credentials, without limitation, regarding the subject matter to which their contributions relate. To the extent we refer to each of these contributors as an expert, you must understand we rely on the information they provide us, and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. C-AFRICA is not obligated to monitor or independently research or verify any content they contribute. Contributors are not employees of C-AFRICA or its affiliates, even if they are characterized as experts. C-AFRICA cannot and does not represent or warrant the accuracy, completeness, or truthfulness of the qualifications or credentials of any contributor or any other Site users.

Please do not rely on Site content, including User Contributions and Content from our independent contractor contributors. Content is provided for general information purposes only and can never be considered your unique personal circumstances and needs. You acknowledge and agree that any reliance or actions you take in violation of your Agreement with us shall be at your sole and exclusive risk, and C-AFRICA shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Site, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your professional advice (e.g., from a financial advisor).

Submissions

We appreciate hearing from you. Please note that, apart from your personal information (which is addressed in our Privacy Policy), any communications or materials you send to the Site, including data, questions, comments, suggestions, or submissions (“Submissions”), are and will be treated as non-confidential and non-proprietary. C-AFRICA may use your Submissions for any purpose, including reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting to the Site, you irrevocably transfer and assign to C-AFRICA copyrights or other rights that you may have in such material, and you waive any right to compensation. C-AFRICA takes no responsibility and assumes no liability for any Submissions posted or submitted by you. We reserve the sole discretion to determine whether to publish or use your Submissions. You are fully responsible for the Content of your Submissions and will be solely liable for any damages resulting from any violation of any law or the rights of C-AFRICA or any other person or any other harm resulting from your Submissions.

Indemnification

You agree to defend, indemnify, and hold harmless C-AFRICA and its affiliates and their respective directors, officers, employees, and agents from and against all demands, losses, liability, claims, or expenses, including attorneys’ fees, made against C-AFRICA by any third party due to or arising out of or in connection with your use of the Site.

Additional Rules and Conditions

Separate terms and conditions, including your cancellation rights, if any, will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. Any violation of these additional terms and conditions may result in the cancellation of your reservation(s) or your forfeiting any monies paid for such reservation(s).

Miscellaneous

These Terms shall be governed by the laws of Barbados, without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the courts in Tanzania in all questions and controversies arising from your use of this Site and this Agreement. The relationship between C-AFRICA and you will be that of independent contractors, and neither of us nor our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other. Suppose any part of these Terms is determined invalid or unenforceable according to applicable law, including the warranty disclaimers and liability limitations above. In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and following these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise.
• To transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate C-AFRICA, a C-AFRICA employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm C-AFRICA or users of the Site or expose them to liability.

Additionally, you agree not to:

• “Scrape” or disaggregate data from the Site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
• Introduce any viruses, Trojan horses, worms, logic bombs, or malicious or technologically harmful material.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Otherwise, attempt to interfere with the proper working of the Site.

Content That You Make Available on the Site

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Suppose.

If you voluntarily disclose personal information (e.g., user name, email address) on the Site, such as on a forum, chat room, or any other user or member-generated. In that case, pages that information can be viewed in search engines, collected and used by others, and may result in unsolicited contact from other parties. 

We advise that you not post any personal or other sensitive information on our Site.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above, and our affiliates and service providers, and each of their respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the Content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement;

Termination We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action concerning any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or another right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, cop, intellectual property, or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, harass, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Promote commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.

Use of the Site

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms or infringes the rights of C-AFRICA or others. You also agree not to

1. Make any false, speculative, or fraudulent inquiry, request, or reservation;
2. Access, monitor, or copy any content or information of this Site using any deep-link, page-scrape, robot, spider, or another automatic device, program, algorithm, or any similar process;
3. Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
4. Use any device, software, or routine to interfere with the proper working of the Site, any transaction being conducted on the Site, or any other person’s use of the Site; or
5. Attempt to gain unauthorized access to the Site or any systems or networks connected to the Site by hacking or any other illegitimate means.

Your Indemnification of Us

You agree to indemnify, defend and hold harmless C-AFRICA and its officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any liability and costs including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account or these Terms of Use or any representations, warranties, and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in defence of any such claim. C-AFRICA reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

No Warranties; Limitation of Liabilities

WHILE C-AFRICA USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, C-AFRICA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. THE PROPERTIES, INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, C-AFRICA DOES NOT GUARANTEE THE ACCURACY OF AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VILLAS AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES AND GENERAL PRODUCT DESCRIPTIONS), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, C-AFRICA EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH AN EVENT, YOU WILL HAVE THE OPTION TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR CANCEL YOUR RESERVATION WITHOUT PENALTY. THE PROPERTY OWNERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES IN CONNECTION WITH THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF C-AFRICA. C-AFRICA AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BY OFFERING TRAVEL PRODUCTS AND SERVICES LOCATED IN PARTICULAR DESTINATIONS, C-AFRICA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THE SITE ARE PROVIDED “AS IS”; ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT ARE WITH THE USER. IN NO EVENT SHALL C-AFRICA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THIS SITE OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF C-AFRICA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

If despite the limitation above, C-AFRICA, its affiliates, or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then C-AFRICA, its affiliates, or their respective suppliers’ liabilities will in no event exceed the greater of the total related rental revenue paid by you at the time of the occurrence.

Third-Party Links, Advertisements, Site, and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Site and are not responsible for the Content of any such third-party advertisements or linked websites. Before purchasing any third-party products or services described on the Site, you are advised to verify pricing, product quality, and other information necessary to make an informed purchase. Neither C-AFRICA nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Site, and we shall not receive or review complaints regarding such purchases.

Disputes

These Terms of Use and any disputes arising out of or related to the Site shall be governed by, and construed and enforced under, the laws of the State of New York (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in Tanzania court.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

Waiver And Severability

No waiver by C-AFRICA of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of C-AFRICA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Suppose any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire Agreement between you and C-AFRICA concerning the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Site.

DMCA Policy

C-AFRICA deals with copyright infringement following the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Site that belongs to a third party unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by emailing copyright@c-africa.com. This contact information is only for suspected copyright infringement. Please include the following:

• Your physical or electronic signature.
• Identify the copyrighted work you believe has been infringed or if the claim involves multiple works on the Site, a representative list of such works.
• Identify the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
• A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
• Please be aware that if you knowingly misrepresent that material or activity on the Site infringes your copyright, you may be liable for damages (including costs and attorneys’ fees).
• It is the policy of C-AFRICA to disable the accounts of users who repeatedly post infringing material on the Site.

Questions and Contact Information

If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or want more information contact us at: info@c-africa.com.