Terms of Use Agreement

This Terms of Use Agreement (the “Agreement”) sets out the general terms and conditions of how you use Twin Sables Safaris’ website (“Website”) and any of its related products, content and services (“Services”).

This Agreement is a legally binding agreement between you (“User”, “you” or “your”) and the Owner of this Website (“Owner”, “we”, “us” or “our”).   Any representation by you on behalf of a third party or other legal entity must be so authorized in writing.

This Agreement constitutes a legally binding contract between you and the Owner, even though it is in electronic format and not physically signed by either you or the Owner. 

You agree that this Agreement will govern your use of the Website and Services and you further agree to abide by the terms and conditions of this Disclaimer.

Age requirement

By accessing the Website you warrant and represent that you are 18 years and older.  If you are not 18 years or older, you are not permitted to use the Website or any of the Services or to register any of your personal information on this Website without the express consent of your guardian. 

It is illegal to provide information on this Website if you are not 18 years or older, without the written consent of a guardian. 

User representations and warranties

By using this Website, you represent and warrant that:

  1. the registration information that you provide to us will be true, accurate, current and complete;
  2. you will ensure that such information is accurate and will update the information in the event of any changes;
  3. you have the legal capacity and you agree to comply with the terms and conditions of this Agreement;
  4. you are not a minor in the jurisdiction in which you reside alternatively if you are still a minor that you have your legal guardian’s permission to use this Website;
  5. you will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
  6. you will under no circumstances use this Website for any illegal or unauthorized                         purpose;
  7. you will not use this Website in such a way or manner that it will violate any existing laws or regulations, either in the jurisdiction where you live or internationally.

If you provide any information that is false, inaccurate, or incomplete, we have the right to block you and refuse you any current or future use of the Website.

Prohibited uses

In addition to further terms outlined in this Agreement, you are prohibited from using the Website and Services to/for/in:

  1. any unauthorized manner or for any obscene or immoral purposes
  2. harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
  3. submit false or misleading information and trick, defraud or mislead us or other users for any reason whatsoever
  4. submit false requests as set out in the Website’s privacy policy for information relating to your personal information
  5. to advertise or offer to sell goods and services via our comment boxes or any other means
  6. use any information obtained from the Website to harass, abuse or harm another person
  7. make improper use of our comment boxes or submit false reports of abuse or misconduct in respect of the Website and Services
  8. harass, intimidate or threaten to harm the Owner or such other third parties engaged to deliver a service to your via the Website
  9. violate any international laws and regulations alternatively any federal, provincial or state regulations, rules, laws or local ordinances
  10. solicit or encourage other users of the Website to perform or participate in any unlawful acts
  11. infringe upon or violate our intellectual property rights or the intellectual property rights of others
  12. in any way amend or delete the copyright notice on this Website
  13. upload or transmit viruses or any other type of malicious code that will affect the functionality or operation of the Website and Services, any third party’s products and services
  14. engage in unauthorized framing of, or linking to the Website or any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools
  15. interfere with or circumvent the security features of the Website and Services or that of any third party’s services
  16. circumvent, disable or otherwise interfere with security-related features of the Website
  17. interfere with, disrupt or create an undue burden on the Website or our hosting company or such other networks or services connected to the Website
  18. decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
  19. attempt to bypass any measures of the Website that is designed to prevent or restrict access to the Website, or any portion of the Website
  20. upload or transmit any viruses, Trojan horses or other material, including excessive use of capital letters and spamming or upload and transmit any material that acts as a passive or active information collection or transmission mechanism such as spyware
  21. copy or adapt the Website’s software in any manner whatsoever or modifies, impairs, disrupts, alters or alter such software that it will interfere with the use, features, functions, operation or maintenance of the Website
  22. use, launch, develop or distribute any automated system, any spider, robot, cheat utility, scraper or offline reader that accesses the Website.

We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses and to report you to any relevant authority or service providers  (if necessary) and to recover any losses from you that we may have suffered from your conduct (if any).

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or concerning any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

This Agreement does not transfer to you any intellectual property owned by the Owner, Website or third parties, and all rights, titles and interests in and to such property will remain (as between the parties) solely with the Owner and/or Website.

All trademarks, service marks, graphics and logos used in connection with the Website and Services are trademarks or registered trademarks of the Owner or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services, may be the trademarks of other third parties.

Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Owner, Website or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Owner, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, the aggregate liability of the Owner and its affiliates, officers, employees, agents, suppliers and licensors relating to the services, will be limited to an amount greater than one US dollar or any amounts paid in cash by you to the Owner for the prior one month period before the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses, or fails in its essential purpose.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked resource, unless specifically stated herein.

We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

See our Disclaimer and for more details.

Indemnification

You agree to indemnify and hold the Owner and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes or demands asserted against any of them as a result of or relating to our content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall apply and be binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary, so that they will not render this Agreement illegal, invalid or unenforceable.

If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties intend that the remaining provisions or portions thereof shall constitute their agreement concerning the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

Informal

Due to the global reach of websites, to expedite resolution and to control the cost of any dispute, controversy or claim related to this Agreement (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any formal procedures. Such informal negotiations commence upon written notice from one Party to the other Party.  The notice shall be delivered via email and Parties have 48 hours to respond to every notice/letter received. 

Formal

If Informal dispute resolution fails, the formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of [insert name of the country where you reside] without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of [insert name of the country where you reside]. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in [insert name of the country where you reside], and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, testimonials or other information regarding the Website (“Submissions”) provided by you to us, are non-confidential and shall become our sole property.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original, or that you have the right to submit such Submissions.

You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Management of Website

We reserve the right (in our sole discretion and without any limitation or obligation to you), to:

Modifications/interruptions to the Website

We reserve the right (in our sole discretion and without any limitation or obligation to you) and without any notice to you to 

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Website.

We cannot guarantee that the Website will be available at all times, as we may experience hardware, software or other problems from time to time.  It is also necessary to perform maintenance related to the Website from time to time, which may result in interruptions, delays or errors.

You agree that we have no liability to you whatsoever for any loss, damage or inconvenience caused in the event that you are unable to access or use the Website during any downtime or discontinuance of the Website.

Nothing in this Agreement will be construed to obligate us to maintain and support the Website or to supply any corrections, updates or releases in connection therewith.

Corrections

There may be information on the Website that contains typographical errors, inaccuracies or omissions with regard to advice, information, descriptions, pricing, availability and various other information provided on the Website.

We reserve the right (in our sole discretion and without any limitation or obligation to you) to correct any errors, inaccuracies or omissions and to change or update the information on the Website at any time and without any notice to you.

Changes and amendments

We reserve the right (in our sole discretion and without any limitation or obligation to you) to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website.

When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of this Agreement

You confirm that you have read this Agreement and have familiarized yourself with the content thereof. By accessing the Website and using the Services you agree to be bound by the terms and conditions of this Agreement, failing which you will not be entitled to access or use this Website or Services in any manner whatsoever.

Contacting us

For more information, you can contact us at dtwinsables@gmail.com.

This Agreement was last updated on 12 July 2023.

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