Terms of Use – Safarway
Date: January 14 th, 2020
1. Introduction
1.1. The use of the website safarway.com, which is, among other things, a website which enables you to book flights and hotels and receive information about touristic locations and events (the “ Website” or the “ Service”) is in accordance to the following sections and terms of use (the “ Terms”) including the Privacy Policy of the Website and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.
1.2. The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.
1.3. The purpose of the Terms is to regulate the relations between the operator of the Website (the “ Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
1.4. The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.
1.5. The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.
1.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
1.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
1.8. The Service is active and accessible at all times, and You may use the Service at any time. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
1.9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
1.10. It is hereby clarified that You declare, warrant and understand that any of Your use and reliance on information available in the Service is at Your own responsibility and You will not have any claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which may occur resulting from Your reliance of such information You were exposed to during Your use of the Service.
1.11. For the avoidance of any doubt, the Operator serves solely as a platform which enable its Users to communicate with Businesses and/or review information related to Businesses and uploaded by Businesses which are owned and/or operated by third parties, and the Operator does not determine any terms of Your communication with the Businesses and has no control over them does not determine costs and payments related to any of the Businesses.
2. Definitions
“ Content” means the Website, blogs, information on tourism available in the Website and/or other details which are provided by third parties, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.
“ Service” means the Website, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
“ Account” means the account opened by Your name in the Website including Your registration or any other use of the Service without creating an account.
“ Business” means third parties which offer their services via the Website including, but not only, travel agencies, hotels, airlines, tourism sites and more.
“ Website and/or Website and/or Service Errors ” means any interruption in the Website’s and/or Website and/or Service’s availability due to reasons which are not directly controlled by the Operator.
“ You” or ” Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
“ Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.
3. About the Terms
3.1. These Terms constitute a separate agreement between You and the Operator. It is hereby clarified and agreed that the Operator provides solely a Website and/or Service which is used, among other things, as a service which enables you to book certain services from Businesses, and therefore shall have no liability for any violation of the Terms by other Users including any dispute or claim between parties using the Service, and in case of any violation of your rights by any other User, all claims You may have should be addressed to such violating party and You shall have no claims and/or demands against the Operator.
3.2. It is hereby clarified that only the Terms shall bind the Operator. Any advertising which may be available in the Website shall not be considered as the Operator’s recommendation or opinion regarding the willingness of the advertised Content.
3.3. In order to use the Service, You are required to open an account by filling a form in the Website and providing certain details. It is clarified that Your account is personal and non-transferrable.
3.4. Using the Website is currently free of charge except for purchases from Businesses. However, the Operator reserves its rights at any time and under its sole discretion to charge any costs for any use of the Website, in whole or in part, and reserves its rights to add additional features to the Website which their use may be subject to payment by You and You shall have no claim against the Operator in such case.
4. Joining as a Business and Payments
4.1. In order to join the Service as a Business (the “ Application”), You must fill in an application form which will require You to provide certain details as will be determined by the Operator. It is clarified that the Operator may update and/or change the requested details and the application form at any time and at its sole discretion. It is clarified that the Operator may reject an Application on any grounds and at its sole discretion without providing the grounds for such rejection.
4.2. As part of the application process the Business will be required to provide, among other things, the following details:
4.2.1. Details of the Business and a contact person of the Business including name, date of birth and address;
4.2.2. Bank account or credit card details for transferring payments;
4.2.3. Any other information which will be requested by the Operator.
4.3. It is clarified You warrant that any information You provide the Operator including Your answers in the Application include true and accurate information, and You understand that providing wrong and/or false information will result, among other things, in blocking Your access from the Service and You will have no claim against the Operator in such case. If there will be any change in one or more of the details You’ve provided to the Operator, You must promptly notify the Operator of such change.
4.4. Upon filing the Application the Operator will check Your details and the Application and will respond within a reasonable time. In order to simplify the process You must provide accurate details as much as possible.
4.5. For the avoidance of any doubt it is clarified that the Operator may reject Your Application on any grounds and without providing You with reason of such rejection. The Operator’s decision will be final and not appealable, and You will have no claim against the Operator in case of a rejection.
4.6. Upon accepting the Application the Business will be able to offer its services to other Users.
4.7. The User may pay via credit card. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
5. Liability and Limitation of Liability
5.1. The Users of the Service, whether as Businesses via the Website and/or Service or users of solely the Website, will be bound to the following terms in addition to all the Terms in this agreement. It is hereby clarified that none of the Content available on the Website shall be considered as any of the Operator’s opinion, recommendation or advice regarding any use of services provided by the Businesses.
5.2. The Operator enables the User to upload Content including, but not only, opinions and recommendations regarding Businesses (“ User Content”). The following terms shall apply to the User Content in addition to the Terms.
5.3. You hereby warrant to the Operator that You will not upload User Content and not offer any of Your services or other things which their content and/or purpose is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code containing viruses, malicious software and harmful applications, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically the Website Users.
5.4. It is forbidden to use a false identity, to impersonate and/or to mislead the Operator and/or the Users in any way whatsoever, and You may not offer any fictive and/or misleading and/or illegal services.
5.5. It is hereby clarified that the Operator is not liable for any communication between Users of the Website including any communications and/or contracting between Businesses and Users who consume such services.
5.6. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Website and shutting down his Account without prior notice and under its sole discretion without refunding such User’s account in case of a breach, if applicable, and the User will have no claims against the Operator in such case.
5.7. You hereby agree and understand that the Operator has the right (but not the obligation) to refuse to publish and/or the right to remove at any time any services offered by You, at the Operator’s sole discretion, and the Operator reserves its rights to modify and/or remove any User Content at the Operator’s sole discretion and without giving prior notice. Without derogating from the above, the Operator has the right to remove any User Content which is violating the Terms and/or which is reported as inappropriate, and the Operator reserves its rights to refuse to provide services without giving prior notice to any user violating the Terms and/or violating other users’ rights. Furthermore it is clarified than in such case the Operator will not be liable to any payments and/or refund requests by Users of an services which were cancelled by the Operator in such case.
5.8. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or resulting from Your reliance on any Content and Service available in the Website including any of Your use of services offered by the Businesses.
5.9. The Operator has no relation and/or connection to the Businesses and services offered by them, and none of these shall be considered as a recommendation or encouragement of the Operator, and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service.
5.10. The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use if the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
5.11. You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in the User Content You uploaded and/or sent, whether received or sent by You or not.
5.12. The Operator has no responsibility for any services and/or other things which are offered by the Businesses via the Service. Any claims and/or demands You may have regarding a Business, whether concerning Your use of such service and whether concerning its outcome should be addressed to such third party which provided and/or was supposed to provide You its services, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any service offered by Businesses via the Services.
5.13. The Operator has no responsibility for any of the services offered by the Business, and it is Your responsibility to verify all the relevant details regarding the above. Any claims and/or demands You may have regarding the Businesses including, but not only, any dispute between Users and a Business available via the Service should be addressed to the third party including such consumer or Business, and you shall have no claim against the Operator regarding the above. It is Your responsibility to verify the details of the service offered by a Business prior to Your engagement with a Business.
5.14. Should You enable and/or transfer payments for purchasing and/or receiving a service via the Website, You are solely responsible for managing such payments and the Operator shall not be liable for any errors regarding such payments including, but not only, mistyping of payment details, refund requests, failed payments, etc.
5.15. The Operator doesn’t control any Content posted and/or uploaded to the Website by third parties and other Users and therefore cannot ensure or guarantee the accuracy and/or quality of any User Content appearing in the Website. You understand that during Your use of the Website, You may be exposed to content which may be offensive, disturbing and/or inconvenient to You. Under no circumstances may the Operator be liable for any User Content including any error and/or omission of User Content and/or for any loss and/or damage of any kind caused by You and/or to You resulting of any of Your use of any Content which was published, uploaded, sent by email and/or available on the Website in any way. You are aware that the Operator cannot bear any liability for any comment and/or reply You may receive regarding and discussion and/or comment and/or any other User Content posted by You. The Operator shall not be liable for any opinions and/or content and/or messages of other Users uploaded to the Website including by Businesses, and shall not be liable for publishing of any data and/or information in the Operator’s Service.
5.16. The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation, or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links are available on the Website .
5.17. The Services available on the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or User Content uploaded by You.
5.18. The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use of the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
5.19. The Operator has no responsibility for any content appearing in advertisements appearing in the Website including any commercial offers from third parties including Businesses. Any claims and/or demands You may have regarding an offer to purchase a service and/or product, whether concerning receiving of such product or service and whether concerning its outcome should be addressed to such third party which provided and/or warranted to provide such service and/or product, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any offer of service and/or product.
6. User’s Warranties
6.1. You hereby warrant to the Operator that You will not send through the Website to any third party which its details are available in the Website and You will not publish, post and/or upload in discussions any advertising materials and/or any content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or Website and/or Service containing viruses, malicious software and harmful Website and/or Services, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically the Website Users.
6.2. Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Website immediately and to block Your access to the Website without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore, in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
7. Contacting Third Parties
7.1. You are solely responsible for contacting any third parties including, but not only, any private conversation with other Users and contacting Businesses. You hereby declare that You are aware that the Operator doesn’t necessarily verify all the information available on the Website, and You shall not have any claim against the Operator regarding false information received by another User. Without derogating from the above, the Operator reserves its rights, at any time, to monitor, inspect, verify and/or filter any Content uploaded by third parties.
7.2. The ownership and the intellectual property rights of contents of third parties displayed in the Website is owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“ Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Service, including any future changes to the Third Party Agreements.
8. Tokens/Virtual Coins
8.1. The User may participate in activities of the Operator via the Website (e.g. quizzes, uploading content, etc.) which may entitle him to certain rewards.
8.2. Such rewards shall be granted by means of receiving virtual coins/tokens which may be used for purchasing certain products/services and/or as coupons or discounts offered by third parties including the Operator.
8.3. The Operator shall have the sole discretion regarding the value of such coins/tokens. For the avoidance of any doubt, tokens and/or virtual coins may be used only for the purposes set by the Operator and may have no other monetary value.
8.4. Failure to comply with these Terms may result in nullifying of coins/tokens which were transferred to the User.
9. Safarway Chat, Safarway send encrypted messages.
10. Intellectual Property
10.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
10.2. Without derogating from the above, the Website, the discussions, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
10.3. You may not copy, reproduce (except as noted in the Terms), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
10.4. You may use the Content for Your own personal use and not make any commercial use of the Content. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.
10.5. You warrant no to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will not copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent. The above does not apply for any use intended for research and instruction.
10.6. By using the Website You agree that as long as the Website is active, any of Your User Content will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of the European Copyright Law Act-2007 and/or any other applicable law. It is clarified that the Operator may use any User Content under its sole discretion provided that such use will be reasonable and legal by any applicable law .
10.7. The Operator may, at its sole discretion, add to the User Content its name, logo or any other text.
10.8. The ownership and the intellectual property rights of contents of third parties displayed in the Website are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“ Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
10.9. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator.
11. Indemnification
You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party's intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
12. Use of Personal Information
12.1. The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.
12.2. Upon registration, You will be requested to choose a username and a password and to provide some personal details. Such details are necessary in order to allow You to access limited areas in the Website. It is Your responsibility to keep such details with discretion and to update Your username and password occasionally so only You will be able to use them. The Operator and/or anyone on the Operator’s behalf will not be liable for any unauthorized use of Your account and/or personal area by anyone who uses Your details without Your permission.
13. Mailings
13.1. The Operator offers to all its users to receive email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails and text messages (the “ Mailings”) .
13.2. Upon registration, You may be requested to provide personal information such as phone number and email address. You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.
14. Security
14.1. The Website are protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
14.2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
15. Term and Termination
15.1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
15.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of (i) and (ii) of this section the Operator shall, where possible, give reasonable notice of such termination.
15.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time. You are responsible to check any updates of the Terms by entering the Terms from time to time. Your continuation of using the Website will be considered as consent to such amended terms.
15.4. The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
15.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
16. General Terms, Governing Law and Messages
16.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
16.2. The Account in the Website is personal and non-transferrable.
16.3. If You have any inquiries regarding the Terms, You may address the Operator.
16.4. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
16.5. This Agreement shall be governed by and construed in accordance with the laws of the State of Hungary. Each party consents to, and agrees that each party is subject to the exclusive jurisdiction of the courts of Budapest for any litigation and/or dispute arising out of this Agreement.
16.6. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.