Terms and Conditions:
This Partnership Agreement for Our Business Partners (the "Agreement") is between Our Business Partners and Jamboree Africa Tours and Safaris (each a "Party" and collectively the "Parties").
• Client or Clients
A Client is a person interested in a service, and/or booked a service that is offered by Business Partner on www.jamboreetours.com.
• Confidential Info
Confidential Info includes: Personal Information of Clients, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.
• Personal Information
Personal Information is information relating to an identified or identifiable natural person and includes, but is not limited to: postal/physical addresses, email/skype addresses, phone/fax numbers and other personally identifiable information.
1. Contributing Travel and Accommodation Info to Jamboreetours.com
1. 1.1 Our Business Partners will only contribute Info pertaining to only Travels and Accommodations
Exceptions are possible, but only with prior written approval of Jamboreetours.com. In doubt? Please contact email@example.com
2. 1.2 Our Business Partners has the responsibility to make sure the Info is true and up to date
Our Business Partners represents and covenants that the Info shall at all times be true, accurate and not misleading. Our Business Partners are at all times responsible for keeping the Info correct and up-to-date.
2. Intellectual property
1. 2.1 Our Business Partners have all the necessary rights concerning Info
Our Business Partners warrants that they have all necessary rights, power and authority to use, (sub)license and have Jamboree Africa Tours and Safaris make available the Info (including the relevant intellectual property rights) provided by the business for publication on Jamboreetours.com. Info provided by Our Business Partners shall remain the exclusive property of the business partner. Listed Business Partners indemnifies and holds harmless Jamboree Africa Tours and Safaris for all claims (from third parties) regarding infringements of intellectual property rights.
2. 2.2 Our Business Partners grants Jamboree Africa Tours and Safaris permission to use its Info
The copyright owner of the Info (as provided to Jamboree Africa Tours and Safaris by a listed Business Partner using the Listing Page Option) is the Listed Business. Business Partner hereby grants Jamboree Africa Tours and Safaris the non- exclusive, perpetual, transferable, irrevocable right, with the right of sublicensing and without any royalty or compensation in return, to use, reproduce, adjust, translate, distribute, publish, create derivate works and to disclose and duplicate the Info in all now known and future media during the term of this Agreement.
3. 2.3 Jamboree Africa Tours and Safaris may edit, exclude or translate Info at any time for any reason
Jamboree Africa Tours and Safaris reserves the right to edit, exclude and/or translate Info provided by a business partner at any time for any reason (For example, when Jamboree Africa Tours and Safaris becomes aware that Info is incorrect, incomplete, not in proper English or in violation of the terms and conditions of this Agreement or any applicable law).
4. 2.4Translations and/or edits of Info by Jamboree Africa Tours and Safaris remain property of Jamboree Africa Tours and Safaris
Translations and/or edits of Info by Jamboree Africa Tours and Safaris remain the exclusive property of Jamboree Africa Tours and Safaris and shall not be used (in any way or form) by our business partners for any other distribution or sales channel or purposes. The original Info provided by business partner shall remain the exclusive property of that Business.
5. 2.5 All content, incl. reviews, is the property of Jamboree Africa Tours and Safaris or others and may not be used
All content on jamboreetours.com (other than the Info provided by the listed business and not edited or translated by Jamboree Africa Tours and Safaris) is the exclusive property of Jamboree Africa Tours and Safaris or other third parties who granted a license to Jamboree Africa Tours and Safaris for using it. This includes the reviews about the listed business. Our business Partners shall not use (in any way or form) any content for any other distribution or sales channel or purposes, unless Jamboree Africa Tours and Safaris has granted a written approval or license to do so.
6. 2.6 Listed Business is responsible for dealing with complaints or claims from Clients, Jamboree Africa Tours and Safaris can decide to act as intermediate at its sole discretion
Complaints or claims from Clients in respect of (the products or services offered or provided by) the listed business are to be dealt with by the said business directly, without mediation by or interference of Jamboree Africa Tours and Safaris. Jamboree Africa Tours and Safaris is not responsible for and disclaims any liability in respect of such claims. Jamboree Africa Tours and Safaris may- at its sole discretion- offer customer (support) services or act as intermediate between our business partners and Client or otherwise assist communication with or actions against said business.
7. 2.7 Jamboree Africa Tours and Safaris may contact Clients in relation to their experiences with Our business Partner
Jamboree Africa Tours and Safaris reserves the right to contact Clients, inform about the (customer) satisfaction of Clients in relation to dealing with listed business and/or request Clients to write a review about our business partners.
8. 2.8 Reviews from Clients
Jamboree Africa Tours and Safaris may ask Clients and other people to write a review about business partner and its services. Reviews consist of several ratings, a title and a description. Jamboree Africa Tours and Safaris reserve the right to post these reviews on jamboreetours.com. If our partners suspects a review is fake or fraudulent it can request Jamboree Africa Tours and Safaris to remove the review, but Jamboree Africa Tours and Safaris may decide to do so or not at its sole discretion. Business Partners is allowed to invite Clients to write reviews, but won't specifically ask Clients to write a positive review or, directly or indirectly, manipulate or (financially) stimulate Clients to do so. Our partners represents and covenants it won't submit, or let others submit, fake or fraudulent reviews about the listed business, its competitors or any other subject. Nor will our business partners take, or let others take, any action to manipulate the reviews and average ratings in any way. Jamboree Africa Tours and Safaris has several triggers and tracking technology in place to detect fake reviews and may, at its sole discretion, consider a review to be fake and take any appropriate action. These actions include, but are not limited to, removing the review or visually label the review as 'fake' in case Jamboree Africa Tours and Safaris suspects a fake review was submitted by a listed business to improve its own average rating. Our partners acknowledge that Jamboree Africa Tours and Safaris are a distributor (without any obligation to verify) and not a publisher of these reviews. Jamboree Africa Tours and Safaris shall not have (and disclaims) any liability and responsibility for the content and consequences of (the publication or distribution of) reviews howsoever or whatsoever.
1. 3.1Free & paid services
Advertising your business Info on and receiving Quote Requests from jamboreetours.com is free. Our Business Partners has the option to offer a payment per Quote Request, but is not obligated to do so. Jamboree Africa Tours and Safaris reserves the right to end this free period at any time and for any reason.
2. 3.2 Payment method
The default method for payments to Jamboree Africa Tours and Safaris is PayPal. PayPal accepts various credit cards as funding source, including MasterCard, Visa and American Express. In some countries PayPal also accepts bank accounts as funding source. For the avoidance of doubt, other means of payment (such as by cheque or via "payment agencies") cannot be processed by Jamboree Africa Tours and Safaris and therefore will not be accepted without prior approval of Jamboree Africa Tours and Safaris.
3. 3.3 PayPal agreement
When adding PayPal as payment method, Business partners accepts a PayPal agreement that enables Jamboree Africa Tours and Safaris to automatically charge their PayPal account. Our partners can cancel this agreement at any time.
4. (Online) marketing and PPC advertising
1. 4.1 Jamboree Africa Tours and Safaris is entitled to promote Our listed businesses, its Info, its name(s) and logo(s)
Jamboree Africa Tours and Safaris is entitled to promote a listed business, its Info, its name(s) and logo(s) in (online) marketing campaigns on jamboreetours.com and other resources. Other resources include, but are not limited to: (third party) websites, search engines, magazines and newspapers. Marketing campaigns include, but are not limited to: email marketing, pay-per-click advertising in search engines, and advertisements in magazines, newspapers or (third party) websites. Jamboree Africa Tours and Safaris runs (online) marketing campaigns at its own costs and discretion.
2. 4.2 Info provided by our business partners will be indexed by search engines
Listed business is aware of the working methods of search engines, such as spidering of content on web pages and ranking the web addresses/URL's of web pages in their search results. Our business partners agree that Info provided for inclusion on jamboreetours.com will be indexed by and ranked in search engines.
3. 4.3 Listed Businesses won't target the Jamboree Africa Tours and Safaris brand or URLs in (online) marketing
Our business partner agrees not to specifically target the Jamboree Africa Tours and Safaris brand or web addresses/URLs through (online) marketing campaigns, such as ads in magazines, newspapers or websites, pay-per-click advertising or other forms of advertising.
5. Representations and warranties
1. 5.1 Listed Business represents and warrants that:
i. it holds and has complied with all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing its operations and business;
ii. it has the full corporate power and authority to enter into and perform its obligations under this Agreement;
iii. it has taken all corporate action required by it to authorize the execution and performance of this Agreement;
iv. this Agreement constitutes legal valid and binding obligations of the stated business in accordance with its terms, and
v. It shall comply with all applicable governmental laws, codes, regulations, ordinances and rules of the country, state or municipal under which law the said business is incorporated with respect to the products (to be) offered and/or services (to be) rendered by the listed business.
2. 5.2 Bribery or illegal or corrupt practices
In respect of (or as an award for) the execution, delivery, sealing, registration, filing of, and/or the execution, performance or delivery under or pursuant to, the Agreement, ListedBusiness (including its employees, directors, officers, agents or other representatives) shall
i. not directly or indirectly (a) offer, promise or give to any third party (including any governmental official or political party- or party's official, representative or candidate), or (b) seek, accept or get promised for itself of for another party, any gift, payment, reward, consideration or benefit of any kind which would or could be construed as bribery or an illegal or corrupt practice, and
ii. comply with all applicable laws governing anti-bribery and corrupt gifts and practices (including the U.S. Foreign Corrupt Practices Act and the UK Anti-Bribery Act).
3. 5.3 No representations or warranties in connection with this Agreement
Except as otherwise expressly provided in this Agreement, neither Party makes any representations or warranties, express or implied, in connection with the subject matter of this Agreement and hereby disclaims any and all implied warranties, including all implied warranties of merchantability or fitness for a particular purpose regarding such subject matter.
6. Indemnification and liability
1. 6.1 Liability Jamboree Africa Tours and Safaris
Jamboree Africa Tours and Safaris is not liable for any direct and indirect damages, losses (including any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim or any special, indirect or consequential losses and/or damages), liabilities, obligations, costs, claims, claims of any kind, interest, penalties, legal proceedings and expenses (including, without limitation, reasonable attorneys' fees and expenses) actually paid, suffered or incurred by Business Partner and/or Clients pursuant to:
i. a breach of this Agreement by the listed business and/or Clients, or
ii. any claim from any third party based on any (alleged) infringement of the third party's intellectual property right by the business partner and/or Clients.
iii. all claims made by Clients concerning (inaccurate, erroneous or misleading) Info of the business partner as added to jamboreetours.com by the listed business;
iv. to the extent that any claims under or pursuant to the Best Price Guarantee are not settled between the Client and our business partner (by offering the lower rate or paying back the full difference) within two weeks after the business partner was notified about the claim;
v. all other claims from Clients which are wholly or partly attributable to or for the risk and account of Business Partners (including claims related to (lack of) services provided or product offered by the listed business) or which arise due to tort, fraud, willful misconduct, negligence or breach of contract by or attributable to the business partner in respect of a Client or its property; and
vi. all claims against Jamboree Africa Tours and Safaris in relation to or as a result of the failure of our business partner to pay or withhold any applicable taxes levied or based on the services or other charges hereunder in the relevant jurisdiction.
2. 6.2 Limitation of liability for Jamboree Africa Tours and Safaris
Save as otherwise provided for in this Agreement, the maximum liability of Jamboree Africa Tours and Safaris to any other in aggregate for all claims made against Jamboree Africa Tours and Safaris under or in connection with this Agreement shall not exceed the aggregate commission paid by the business partner over the last 12 months and will be limited to direct damages only, unless in the event of tort, fraud, willful misconduct, gross negligence, deliberate non-disclosure or deliberate deception on the part of Jamboree Africa Tours and Safaris, in which event the limitation of liability is not applicable.
In no event shall Jamboree Africa Tours and Safaris be liable for any indirect, special, punitive, incidental or consequential damages or losses, including loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, whether such damages are alleged as a result of a breach of contract, tort or otherwise. All such damages and losses are hereby expressly waived and disclaimed.
3. 6.3 Jamboree Africa Tours and Safaris won't accept liability for the breakdown of jamboreetours.com
Jamboree Africa Tours and Safaris disclaims and excludes any and all liability in respect of our business partners which is related to any (temporary and/or partial) breakdown of the www.jamboreetours.com website and/or the Admin Area.
7. Term, Termination and Suspension
1. 7.1 Agreement shall commence on the date hereof
Unless agreed otherwise, this Agreement shall commence on the date our Business partners agrees with this Agreement or Parties have carried out this Agreement and be effective for an indefinite period of time until terminated by either Party.
2. 7.2 Agreement can be terminated by either Party for any reason on a 7-days written notice
This Agreement can be terminated without any liability by either Party for any reason subject to a 7 days’ written notice to the other Party. Email is considered to be a valid written notice. Termination notifications to Jamboree Africa Tours and Safaris can be emailed to firstname.lastname@example.org and will be considered valid as soon as Jamboree Africa Tours and Safaris confirmed to have received the email by sending a reply.
3. 7.3 In the following cases this Agreement can be terminated with immediate effect
Each Party may terminate this Agreement or suspend this Agreement in respect of the other Party, with immediate effect and without a notice of default being required in case of:
i. a material breach by the other Party of any term of this Agreement (e.g. delay of payment, insolvency, breach of rate parity guarantee, the provision of wrong information or receipt of a significant number of Client complaints); or
ii. bankruptcy or suspension of payment in respect of the other Party.
4. 7.4 Certain clauses shall survive termination
Upon termination and save as set out otherwise, this Agreement shall absolutely and entirely terminate in respect of the terminating Party and cease to have effect without prejudice to other Party's rights and remedies in respect of an indemnification or a breach by the other (terminating) Party of this Agreement. Articles 2.4, 9.1, 9.2, 9.3, 9.4, 9.5, 11.1 and 11.2 will survive termination and the Parties hereto will act in conformity with the rights and obligations laid down therein.
1. 8.1 Business Partners shall safeguard Personal Information of Clients
Listed businesses shall safeguard the confidentiality and privacy of Personal Information of Clients received from Jamboree Africa Tours and Safaris. Listed businesses shall comply, and to have its service providers comply on an ongoing basis with the requirements, compliance criteria of the European Directives 95/46/EC and 2002/58/EC on the processing of personal data and the protection of privacy.
2. 8.2 Our business partners won't use Personal Information of Clients for its own marketing purposes
In order to comply with international privacy laws, listed businesses agrees not to target Clients using Personal Information that has been obtained via jamboreetours.com in either online or offline marketing promotions or solicited or unsolicited mail. Nor will the listed business share, sell, rent or lease Personal Information of Clients to third parties. Listed businesses takes full responsibility and will compensate all direct and indirect damages or loss when breaching this condition and indemnifies and holds Jamboree Africa Tours and Safaris harmless for all sorts of liabilities.
An exception is when Clients, who were originally referred by Jamboree Africa Tours and Safaris, specifically agree otherwise. For example by subscribing to the mailing list of business partners or by granting approval in any other way.
3. 8.3Parties understand that they may have access to Confidential Information of the other Party
Parties understand and agree that in the performance of this Agreement, each Party may have access to or may be exposed to, directly or indirectly, Confidential Information of the other Party.
4. 8.4Regarding Confidential Info, each Party agrees that:
. all Confidential Info shall remain the exclusive property of the disclosing party and receiving party shall not use any Confidential Info for any purpose except in furtherance of this Agreement;
i. it shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the "Permitted Persons") to maintain the confidentiality and secrecy of the Confidential Info ;
ii. it shall disclose Confidential Info only to those Permitted Persons who need to know such information in furtherance of this Agreement;
iii. it shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Info ; and
iv. its shall return or destroy all (hard and soft copies of) Confidential Info upon written request of the other Party.
5. 8.5Notwithstanding the foregoing, Confidential Info shall not include any information to the extent it:
. is or becomes part of the public domain through no act or omission on the part of the receiving party,
i. is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, or
ii. is required to be disclosed pursuant to law, court order, subpoena or governmental authority.
1. 9.1Neither party can transfer its rights under this Agreement
Neither party shall be entitled to assign, transfer, encumber any of its rights and/or the obligations under this Agreement without the prior written consent of the other party, provided that Jamboree Africa Tours and Safaris may assign, transfer, encumber any of its rights and/or the obligations under this Agreement (in whole or in part or from time to time) to an affiliated company without the prior written consent of our business partner.
2. 9.2All notices and communications must be in English
All notices and communications must be in English and in writing or by email.
3. 9.3In case provisions of this Agreement become invalid or non-binding
If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions hereof. In that event, the Parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
4. 9.4 Modifications to this Agreement
Jamboree Africa Tours and Safaris reserves the right to make changes to this Agreement from time to time and in its sole discretion. Jamboree Africa Tours and Safaris shall notify our business partner of any changes to this Agreement by email, using the email address as provided by the listed business details. After notification, the new and changed Agreement will replace and supersede all prior versions of the Agreement.
1. 10.1 This Agreement shall be governed by the laws of the Kenyan Government
Save as set out otherwise in this Agreement, this Agreement shall be exclusively governed by the laws of Kenya. Save as set out otherwise in this Agreement, any disputes arising out or in connection with this Agreement shall exclusively be submitted to and dealt with by the competent court in Nairobi, the Kenya.
2. 10.2 Jamboree Africa Tours and Safaris reserves the right to bring legal action to a competent court where our business partner is established
Parties agree and acknowledge that notwithstanding article 11.1, nothing in this Agreement shall prevent or limit Jamboree Africa Tours and Safaris in its right to bring or initiate any action or proceeding or seek interim injunctive relief or (specific) performance before or in any competent courts where our business partners is established or registered under the laws of the relevant jurisdiction for this purpose. our business partners waives its right to claim any other jurisdiction or applicable law to which they might have a right. I agree to the Terms and Conditions