Terms of Use

1. Acceptance of Terms

By accessing and using the Cwetu Jambo Safaris website and services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and Cwetu Jambo Safaris Limited, a company incorporated under the laws of Kenya, with its registered office in Nairobi, Kenya.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the new Terms.

3. Eligibility and Registration

To use our Services, you must:

• Be at least 18 years of age, or have parental/guardian consent if under 18
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable Kenyan law
• Provide accurate, current, and complete information during registration

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Services Description

Cwetu Jambo Safaris provides virtual reality tourism experiences that allow users to explore Kenyan destinations through immersive 360° video content. Our Services include:

• Virtual reality tours of Kenyan destinations
• Subscription-based access to premium content
• One-time purchase options for specific experiences
• Booking integration services for real-world safaris
• AI-powered travel assistance

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time.

5. Payment and Billing

5.1 Pricing

All prices are listed in Kenyan Shillings (KES) and United States Dollars (USD). Prices are subject to change without notice. Any price changes will not affect purchases already completed.

5.2 Payment Methods

We accept payments via:

• Credit and debit cards (Visa, Mastercard)
• M-Pesa (for Kenyan residents)
• Stripe (for international users)

5.3 Subscription Terms

Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date. You may cancel your subscription at any time through your account settings.

5.4 Refund Policy

Refunds are processed in accordance with Kenyan Consumer Protection Act, 2012. Please see our Refund Policy for detailed information.

6. User Conduct

You agree not to:

• Use the Services for any unlawful purpose under Kenyan law
• Attempt to gain unauthorized access to any part of the Services
• Interfere with or disrupt the Services or servers
• Share your account credentials with third parties
• Reproduce, duplicate, copy, sell, or resell any portion of the Services
• Upload or transmit viruses, malware, or other malicious code
• Engage in any activity that violates the rights of others
• Use the Services to generate fraudulent transactions

7. Intellectual Property

7.1 Our Content

All content on the Services, including but not limited to VR videos, images, text, graphics, logos, and software, is the property of Cwetu Jambo Safaris Limited or its licensors and is protected by Kenyan and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use only. This license does not include:

• Any resale or commercial use of the Services
• Downloading or copying content for commercial purposes
• Creating derivative works from our content
• Systematic collection of data from the Services

8. User-Generated Content

If you submit any content to the Services (including reviews, comments, or feedback):

• You retain ownership of your content but grant us a worldwide, royalty-free license to use it
• You represent that your content does not violate any third-party rights
• You agree not to post content that is unlawful, offensive, or misleading
• We reserve the right to remove any user-generated content at our discretion

9. VR Safety and Health Disclaimer

Virtual reality experiences may cause discomfort, dizziness, nausea, or seizures in some users. By using our VR services, you acknowledge and agree that:

• You should consult a physician before using VR if you have pre-existing medical conditions
• You will follow all safety guidelines provided with VR equipment
• You will not use VR while operating vehicles or machinery
• You use VR at your own risk
• Children under 13 should not use VR without adult supervision

We are not responsible for any injuries or health issues resulting from VR use.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• VR content will be compatible with all devices
• Results from using the Services will meet your expectations
• Any errors in the Services will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, Cwetu Jambo Safaris Limited SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability shall not exceed the amount you paid to us in the 12 months prior to the event giving rise to liability, or KES 10,000, whichever is greater.

12. Indemnification

You agree to defend, indemnify, and hold harmless Cwetu Jambo Safaris Limited and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your user-generated content

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

Before initiating any legal proceedings, you agree to attempt to resolve disputes informally by contacting us at legal@cwetusafaris.africa.

14. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination:

• Your right to use the Services will immediately cease
• All licenses granted to you will terminate
• We may delete your account and user content
• Provisions intended to survive termination shall remain in effect

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under Kenyan law, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other legal notices published by us on the Services, constitute the entire agreement between you and Cwetu Jambo Safaris Limited regarding the Services.

17. Contact Information

If you have any questions about these Terms, please contact us: