Revised: 15 February 2020
These are the terms and conditions for the yourafricansafari.com (YAS) website. This website is provided solely to assist customers in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums and for no other purposes. The YAS website, related software applications, data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”.
These terms and conditions, as may be amended from time to time, apply to all our “Services” directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone.
The terms "we", "us", "our" and "YAS" refer to Your African Safari, LLC, a Colorado corporation.
The term "you" refers to the individual, organization, company, customer or other legal entity visiting the website, using the Services and/or contributing content on this website.
This website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions and notices set forth below (collectively, the "Agreement"). By accessing or using this website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all the terms and conditions, please do not use this website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this website signifies your acceptance of the updated or modified Agreement.
- What we do
- Use of the website
- Prohibited activities
- Reviews, comments and use of other interactive areas
- Use of the Services
- Liability limitations
- Links to third-party sites
- Software available on this website
- Currency converter
- Intellectual property and grant of rights to users
- Choice of law
What we do
YAS provides you with a comprehensive website for all things African safari. We offer unbiased, independent reviews on safari tour operators and safari destinations. We offer information on 15 African countries, 85 African safari parks and 2134 African safari tour operators. We list various information on these safari tour operators and provide a platform by which you can search and shortlist vendors. We offer you the ability to contact tour operators and to request more information.
Use of the website
As a condition of your use of this website, you warrant that (a) all information supplied by you on this website is true, accurate, current and complete, and (b) if you are a registered member of www.yourafricansafari.com, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than. We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products or services obtained from or through this website.
Additionally, you agree not to:
- (a) use this website or its contents for any commercial purpose;
- (b) access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (c) violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
- (d) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by YAS in connection with the website or the services
Reviews, comments and use of other interactive areas
Members of YAS may submit reviews, comments, and ratings, send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to other YAS members, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging or false advertising.
Please be aware that by submitting content to this website by email, postings on this website or otherwise, including any tour operator, park or lodging reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "submissions"), you grant YAS and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, host, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such submission. You acknowledge that YAS may choose to provide attribution of your comments or reviews at our discretion. You further grant YAS the right to pursue at law any person or entity that violates your or YAS's rights in the submissions by a breach of this Agreement. You acknowledge and agree that submissions are non-confidential and non-proprietary.
YAS takes great measures to ensure accuracy and validity of reviews before accepting them on to the site. Some measures it takes include but are not limited to the following:
- Verifying IP address of member reviewing post;
- Verifying email address of member reviewing post and checking whether they work for a tour operator;
- Verifying that the review is not plagiarized and taken from another site or review not written by the member who has posted it on YAS;
- Verifying the same IP address has not been used by another member for a review of the same tour operator.
YAS may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the website. If YAS provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any area of YAS, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- (a) Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- (b) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- (c) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including YAS;
- (d) Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- (e) Private information including, without limitation, addresses, phone numbers, email addresses, Social Security / national insurance numbers and credit card numbers;
- (f) Viruses, corrupted data or other harmful, disruptive or destructive files;
- (g) Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- (h) Content or links to content that, in the sole judgment of YAS, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose YAS or its affiliates or its users to any harm or liability of any type.
YAS takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is YAS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, YAS is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other Interactive Area. Although YAS has no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, YAS reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you post or store on the website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by YAS or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release YAS, and its licensees, successors and assigns, from any claims that you could otherwise assert against YAS by virtue of any such moral rights.
Use of the Services
In order to access certain features of the Services, including writing a review or adding your business listing, you will need to become a YAS member by creating an account. If you are creating a YAS account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.”
As a Business Representative, you agree and understand that YAS may email you updates pertaining to Services, including usage metrics and site updates. These emails may contain advertising information and pricing.
As a Business Representative, you agree and understand that once a business listing has been added to YAS, it will not be removed unless under specific circumstances, such as going out of business. YAS is a comprehensive resource for research and planning African safaris and, as such, reserves the right to keep all active business listings. We give tour companies the ability to respond to all their reviews, and we encourage you to do so. Your response will appear right underneath the review, so travelers can read both perspectives.
As a Business Representative, you agree and understand that you may receive quote requests, via email, from YAS users who are seeking pricing information for upcoming safaris and that you are required to reply to all queries in a timely manner and no more than three business days. YAS reserves the right to give unanswered quote requests to other tour operators.
By listing information relevant to travel to particular international destinations, YAS 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, programs, products and materials contained in or accessed on the YAS site, including, without limitation, the pricing, photographs, list of African safari tour operators, list of African safari parks, list of African lodges and hotels, African animals, African activities, country information, general product descriptions, etc. the services and the YAS content, are provided to user on an 'as is' basis and without warranty of any kind. YAS disclaims all warranties, expressed or implied, with respect to the services, the YAS website, the YAS content and related materials provided hereunder including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. in no event shall Your African Safari, LLC (its officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if YAS has been advised of the possibility of such damages.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Your African Safari, LLC.
You agree to defend and indemnify YAS and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (a) your breach of this Agreement or the documents referenced herein;
- (b) your violation of any law or the rights of a third party; or
- (c) your use of this website.
Links to third-party sites
This website may contain hyperlinks to websites operated by parties other than YAS. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases, you may be asked by a third-party site to link your profile on YAS to a profile on another third-party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site) at any time.
Software available on this website
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but YAS, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution and use of this information for commercial purposes.
Intellectual property and grant of rights to users
All contents of this website are: © 2021 Your African Safari Ltd. All rights reserved. YAS is not responsible for content on websites operated by parties other than YAS. YAS, the African logo, the African map, the YAScore, the Safari Shaman, the Safari Screener, the Safari Seeker, the YAS widgets and all other product or service names or slogans displayed on the website are registered and/or common law trademarks of Your African Safari, LLC. and may not be copied, imitated or used, in whole or in part, without the prior written permission of YAS or the applicable trademark holder. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of YAS and may not be copied, imitated or used, in whole or in part, without the prior written permission of YAS. All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by YAS.
If you are aware of an infringement of either your brand or our brand, please let us know by following by emailing us at firstname.lastname@example.org.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and YAS with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and YAS with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Choice of law
The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.