Terms of Service – Ativity Group

Afritivity

By using afritivity.com you agree to the Terms of Use set out here below constituting the contract between you and Afritivity that governs your use of the website.

If you disagree in any way with these Terms of Use and continue to make use of our services your continued use will be unlawful and we request that you please do not use afritivity.com.

1. Scope of the Services

Afritivity, through afritivity.com, (the “Website”) offers a FREE OF CHARGE service to consumers (the “Guests”) solely to search, browse, book and pay for, or in other words find, choose and purchase all kinds of online products and services, (collectively the “Products and Services”) published thereon from registered Users on the “Websites” who create, provide and sell , products and services, (collectively the “Service Providers”) who distribute the Products and Services on the Website and for no other purpose. Afritivity is not a contracting party for the Products and Services purchased by the Guests on the Website. Afritivity endeavours only to provide our platform to legitimate and reputable Service Providers, but notwithstanding that, the Guest agrees that the Website does not constitute and should not be interpreted as providing any recommendation or endorsement by Afritivity of the quality, service level, qualification or safety of any Product or Service Provider distributed thereon.

Afritivity provides Guests with the Website, so that Guests can find the Service Provider and Product and Service of their choice and make a purchase or a booking by directly contracting with and paying the Service Provider that they have selected. The contract relating to the Product and Service being Purchased or being booked is expressed in the Terms and Conditions of the Service Providers, Product and Service that is/should be provided by the Service Provider with the Listed Product and Service on the Website. Before being allowed to pay a Service Provider for a product or service listed on the Website, a Guest has to read, understand and subsequently accept said Terms and Conditions, thereby establishing a contract for the Products and Services directly between him or herself and the Service Provider. Afritivity is not a contractual partner for the purchased or booked Products and Services. Afritivity, through the Website, acts solely as a platform intermediary between the Guest making the purchase and the Service Provider supplying the Products and Services.

2. Use of the Website

Afritivity provides the Website for personal and non-commercial use only and retains all intellectual property in the software, design and look and feel of the Website as well as reviews and textual detail it owns under contract with Service Providers and writers. Consequently, no one is allowed to make any commercial or competitive use of the Website. It is expressly prohibited that the Website be used in any way including by copying, translating, monitoring (e.g. to access by robot, to spider or to scrape), framing, mirroring or otherwise displaying, downloading or reproducing any content or information, software, features, products or services offered through or available on the Website. You agree not to violate the limitations on access set in any robot exclusion headers on this Website or in other measures employed to prevent or limit access to this Website. You agree also to abstain from any activity that would have the effect of placing in the sole discretion of Afritivity an undue load on our infrastructure and that is inconsistent with normal human browsing and purchasing behaviour.

Any use that falls outside this ambit can only be carried out after obtaining the express, specific consent from Afritivity which must define the exact scope and purpose of such exceptional use of the Website. Use of the Website in the abovementioned prohibited manner without such express written consent is unlawful and constitutes a material infringement of Afritivity’s intellectual property rights including but not limited to our copyright and database right.

As a condition of use of this Website, users must be at least 18 years of age; have the legal authority to create a binding legal obligation; use this Website in accordance with these Terms of Use; only use this Website to make legitimate bookings or purchases for him or herself or for another person for whom he or she is legally authorized to act; users must inform such other persons about the Terms of Use that apply to the Website, and the Service Providers Terms and Conditions, that he or she made on their behalf, including all rules and restrictions applicable thereto; and only supply information to this Website that is true, accurate, current and complete.

By using this Website the Guest accepts the full extent of the Terms of Use set out in this document and agrees to abide fully by these terms.

3. Bookings and Purchases

This Website may be used only by legal adult users 18 years and older for the making of bona fide, legal and binding bookings and or purchases Products and Services for themselves and those for whom they have legal authority to make a booking or purchase. The Guest agrees that when making a booking or purchase on the Website, he or she enters into an agreement directly with each Service Provider providing a Product or Service being purchased on the Terms and Conditions published on the Website for that Product and Service by that Service Provider.

The Website accesses the native inventory in the system of the Service Providers themselves where they maintain such availability and can instantly report availability status, reserve capacity and confirm reservations for Guests who have selected Products and Services, contracted with the Service Provider(s) by accepting their Terms and Conditions, and offered a payment that is processed successfully.

The Guest agrees that he or she is aware that when purchasing more than one services, or services from more that one suppliers, that each service or supplier transacts on different Terms and Conditions and that they will read the terms relating to each service before making their reservation. The Guest further acknowledges that by making the reservation they are entering into an agreement on Terms and Conditions that they made a declaration that they have read and understood for each of the Services.

The Guest acknowledges that any no show, late arrival, violations of rules or restrictions for example relating to soberness, height, weight, fitness, experience level, age or other breach of the Service Provider’s Terms and Conditions, or refusal to sign a liability waiver required by the Service Provider, may result in legal refusal of product and service and forfeiture to the Service Provider of 100% of the monies paid upon reserving the Products and Services without any right of recourse.

Bookings and Purchases on this Website will only be bindingly confirmed if: 1. made by a person legally using a payment method or source of funds that they are authorised to use, 2. if correct identity and contact details are provided, 3. if the Terms of Use and Terms and Conditions of the Services are complied with, and 4. if payment is effectively received.

Any competitive, speculative, false, or fraudulent reservation or any reservation or purchase in anticipation of demand; or in any way contravening the abovementioned conditions may result in the cancellation of such purchase of product or reservation and any other reservations associated with your name, email address or account, and closure of any associated Afritivity accounts.

In the event that Afritivity believes that you have conducted any fraudulent activity, we reserve the right to institute necessary legal action and which may result in you being liable for monetary losses to Afritivity, including our litigation costs and damages.

4. Payments and Refunds

For a Guest to hold a confirmed purchase or booking, the Service Provider requires a single upfront payment from the Guest, for one or more Products and Services, provided by the Service Providers, in one total amount shown on the booking/purchase details on the check out page of the Website.

This single payment by the Guest is securely processed through the Service Providers chosen Payment Provider, a third party payment processor. As soon as the payment processor confirms the single payment is authorised, each associated Purchase is confirmed by the Website. The single payment is received directly by the Payment Processor, and Paid Directly into the Service Providers Merchant Account, whose Products and Services are now purchase or booked.

The Website in No way or Form has any access or Control over the Payment made to the Payment Processor on behalf of the Service Providers, for products and services they have sold.

Should funds not be received from the Guest’s bank account, the Service Providersreserves the right to cancel the confirmed purchase or reservation with notice to the Guest.

Afritivity assumes no liability for any acts or omissions of the Service Provider(s).

Any claims for refunds of payments actually received that are made under the Terms and Conditions offered by any Service Provider, must be made to that Service Provider directly, using the Service Providers contacts at the Service Provider that is provided on the booking confirmation. Such claims are normally answered by Service Providers within 21 days. Payments of refunds will be made from the Service Provider’s bank account to the Guest’s bank account directly, or via a payment processor, at the election of the Service Provider.

5. Cancellations

By making and paying for a booking with a Service Provider on the Website, the Guest accepts and agrees to the Terms and Conditions including the cancellation and no-show policy of that Service Provider. The Terms and Conditions of each Service Provider is presented for reading during the booking / purchase procedure. The cancellation policy in the Terms and Conditions may have a general non refundable rule or no refund after a date is reached closer than a number of days before the product, service or activity date and any other type of rule that may be designed by the Service Provider.

Guests must therefore note that if they cancel a product or service the Terms and Conditions and specifically the cancellation policy therein will come into operation and will be applied to their reservation by the Service Provider who will decide if any refund is due. The Guest shall therefore not be entitled to any refund of any prepaid amount unless the Service Provider agrees or allows otherwise such refund under its cancellation policy.

To review, make changes to or cancel a reservation, the Guest must access his or her confirmation email and contact the Service Provider on their details provided on the confirmation email. Such claims are normally answered by Service Providers within 21 days. The Guest may incur a charge for his or her cancellation or may not be entitled to any repayment of any prepaid amount. It is therefore very important that the Guest must take the time to carefully read and understand the cancellation and no-show policy in the Terms and Conditions of the Service Provider before completing any reservation on the Website.

6. Information and Service Provided

The Product and Service and Service Provider details that the Website publishes is based on information provided and/or researched by Afritivity and approved by Service Providers. The Service Providers use an online system to which they load and/or approve, update and maintain all rates, availability and other information about Products and Services published on the Website and they continue to be responsible to maintain all the information for their business on which the Website and our Guests rely completely current, accurate, comprehensive and dependable. This includes descriptive information, rate information and information based on which availability is reported on the Website. Therefor the Website and the information it contains does not constitute a recommendation, endorsement or guarantee by Afritivity of any Service Provider and their Products and Services, quality or reliability.

While Afritivity uses reasonable skill and care in executing our endeavour of aggregating Service Providers and facilitating that they can present their Products and Services to the public in an up to date manner via the Website, Afritivity will not independently verify the accuracy of information, and we do not guarantee that all information provide a current, accurate, comprehensive and dependable representation of the Service Providers and their Products and Services. Nor do we guarantee that we will find and/or fix errors or inaccuracies committed by any Service Providers or members of our own staff.

Afritivity can not be held responsible for any inaccurate, misleading or untrue information or information not provided, any product and service interruptions (resulting from any outage, repair, upgrade or maintenance of our Website or otherwise) or errors (including due to manifest and typographical errors) whether any of the above relate to including, without limitation, the quality, reliability, dependability, the pricing, photographs, details of what products or products and services include or exclude, arrangements and requirements relating to products and services and, general product descriptions or any product or product and service or Website related data or event and disclaim liability from any such cause and similar causes.

Reviews and opinions published on the Website are intended to facilitate a broader and more varied perspective on the subject matter for Guests. Any reviews and opinions of locals, Service Providers and their staff as well as any other industry participants, bloggers, writers or members of the public published are the personal opinion of the individuals and or companies concerned and does not represent the opinions of Afritivity, and to the extent that any member of the Afritivity employee base publishes a review or opinion or any other comment on this Website, that is also their own personal opinion and cannot be construed to be the opinion of Afritivity. We do not endorse any opinions or reviews whether of Service Providers, members of the public or any member of our staff published in the opinions and reviews sections of the Website, nor do we guarantee their value or accuracy.

Afritivity makes no representation nor do we guarantee the availability of any Service Provider, or Products and Services from time to time. The Website does not constitute and should not be interpreted as providing any recommendation or endorsement of the quality, product and service level, qualification or safety of any Product and Service or Service Provider distributed thereon.

Afritivity does not guarantee that the Website or any Afritivity-affiliated Website will be uninterrupted or error free, that defects will be corrected, or that afritivity.com or the servers that make it available are free of viruses or bugs. Afritivity, Afritivity Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time. Afritivity does not accept liability for damages caused by computer viruses, spyware and other malicious computer programs.

Guests therefore use or refrain from using the Website and information and data contained therein voluntarily and at their own risk and in full knowledge that Afritivity excludes liability for their access or use of this Website including all the therein contained information and data and the products and services therein represented.

7. Provision of Submissions in the form of reviews, opinions, photographs and descriptions

Note that by submitting content or input to this Website whether by email, on site submissions or in another manner, whether in the form of reviews, visual images, video footage, suggestions, ideas or anything similar (collectively, “Submissions”), the Guest grants Afritivity and its subsidiaries (collectively, the “Ativity Group”) and the affiliated website partners through whom Afritivity distribute its products and services (collectively, the “Ativity Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any digital media; and (b) use the name that the Guest submits in connection with such Submission.

The Guest agrees that Afritivity may publish his or her name and town of residence together with any submission on the Website at Afritivity’s own discretion, and that such submissions may be shared with our Service Provider partners. The Guest also grants Afritivity the right to take legal action against any person or entity that infringes his or her or Afritivity’s rights in the Submissions by a breach of these Terms of Use. The Guest recognises and agrees that Submissions made are intended to be public and are not confidential or proprietary. The Guest hereby relinquishes any and all ‘moral rights’ that he or she may have in Submissions including the right to have the Submission attributed to him or her or the right that the Submission may not be altered.

The Guest agrees that he or she has no objection to the publication, use, modification, deletion or exploitation of his or her Submissions by Afritivity, the Afritivity Companies or any Afritivity partners or licensees. Afritivity takes no responsibility and assumes no liability for any Submissions posted or submitted by the Guest. Afritivity is not obliged to publish the Submissions of the Guest; and Afritivity reserves the right in our own discretion to determine which Submissions are published on the Website. A Guest should only provide Submissions to this Website if he or she agrees completely with these Terms of Use.