Terms of Service

Introduction

Welcome to www.joinafrica.com (the “Platform”). The Platform and its pages, content, services and infrastructure are owned, operated and provided by Join Africa Travel Technologies Limited (“Join Africa,” “we,” “us,” or “our”).

By accessing, using or registering for an account on the Platform, you are entering into a legally binding agreement with Join Africa on the basis of these Terms of Use (this “Agreement”). Please read this Agreement carefully before proceeding. If you do not agree to these terms, you must not use the Platform.

These Terms of Use govern your access to and use of the Platform as a member of the public seeking to discover, review and interact with guides and tour operators. The collection and use of your personal data in connection with your use of the Platform is governed by our Privacy Policy, which is incorporated into and forms part of this Agreement and is available at www.joinafrica.com/privacy.

Modifications to this Agreement

We reserve the right to amend this Agreement at any time at our sole discretion. Amendments are effective as soon as the revised Agreement is published on the Platform. It is your responsibility to review this Agreement periodically. Your continued use of the Platform following the publication of any amendment constitutes your acceptance of the revised terms.

Account Registration

To access certain features of the Platform, including the ability to submit reviews and send gratuities to guides, you are required to register for an account. By registering, you represent and warrant that:

• You are at least 18 years of age;
• All registration information you provide is accurate, current and complete;
• You will maintain the accuracy of your registration information and update it as necessary;
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account; and
• You will notify us immediately at info@joinafrica.com if you suspect any unauthorised access to or use of your account.

We reserve the right to suspend or terminate any account at our sole discretion, including where we have reason to believe that registration information is false or misleading or that the account is being used in breach of this Agreement.

Reviews and User-Generated Content

The Platform permits registered users to submit reviews of guides and tour operators, which may include written assessments, ratings, photographs and video content (collectively, “Review Content”). By submitting Review Content, you agree to the following:

• Responsibility: You are solely responsible for all Review Content that you submit. Review Content must be honest, accurate and based on your genuine personal experience.
• Licence Grant: By submitting Review Content, you grant Join Africa a non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable licence to use, reproduce, adapt, publish, translate, distribute and display such content across the Platform and in associated promotional materials, in all media now known or hereafter developed.
• Public Display and Indexing: You acknowledge and agree that Review Content, including any photos and videos, will be publicly displayed on the Platform and may be indexed by third-party search engines.
• Media Content: Where you upload photographs or videos as part of a review, you warrant that you are the owner of or are otherwise duly authorised to use and licence such content, and that its publication on the Platform does not infringe the intellectual property rights, privacy rights or any other rights of any third party.
• Prohibited Content: You must not submit Review Content that is false, misleading, defamatory, obscene, offensive, threatening, discriminatory or otherwise unlawful. You must not submit content that discloses personally identifiable information about third parties without their consent.

We do not accept any obligation to pre-screen Review Content prior to publication. Notwithstanding the foregoing, we reserve the right, at our sole discretion, to remove, edit or decline to publish any Review Content that we consider to be in breach of this Agreement or otherwise objectionable.

Guide Matching Questionnaire

The Platform provides an optional questionnaire facility to assist you in identifying guides or tour operators whose services correspond to your travel preferences and requirements (the “Matching Service”). By completing and submitting the questionnaire, you agree to the following:

• Voluntary Disclosure: Completion of the questionnaire is voluntary. You are not obliged to provide any information beyond that which you choose to disclose. However, the accuracy and completeness of the information you provide will directly affect the quality of matching outcomes presented to you.
• Use of Data: The information you submit via the questionnaire, which may include your intended travel destination, travel dates, group size, budget range, areas of interest and any specific requirements, will be processed by Join Africa solely for the purpose of facilitating the Matching Service and improving the relevance of recommendations on the Platform. Such data will be handled in accordance with our Privacy Policy.
• No Guarantee of Outcome: Join Africa does not warrant that the Matching Service will identify a guide or operator that meets your requirements. Matching outcomes are generated on the basis of the information you provide and the availability of registered guides and operators on the Platform at the time of your query.
• No Advisory Relationship: The Matching Service is a discovery and facilitation tool only. Its outputs do not constitute a recommendation, endorsement or advisory opinion by Join Africa in respect of any guide or operator.

Gratuities and Guide Tipping

The Platform provides a facility through which registered users may send a voluntary monetary gratuity to a guide (the “Tipping Feature”). The following terms apply to your use of the Tipping Feature:

• Voluntary Nature: The sending of a gratuity is entirely voluntary. No gratuity is required as a condition of accessing or using any feature of the Platform.
• Payment Processing via Paystack: All gratuity payments are processed exclusively by Paystack (Pty) Ltd (“Paystack”), an independent third-party payment service provider. By initiating a gratuity payment, you are entering into a direct transaction with Paystack and you agree to be bound by Paystack's applicable terms of service and privacy policy. Join Africa acts solely as the facilitating platform and does not at any point receive, process or store your payment card details, banking credentials or other financial data. Join Africa's role is limited to transmitting the transaction instruction to Paystack and receiving confirmation of the completed transaction.
• Non-Refundability: Gratuity payments are final and non-refundable once processed by Paystack, save where required by applicable law or Paystack's own dispute resolution procedures.
• No Employment Relationship: The facilitation of gratuities through the Platform does not create any employment, agency or contractual relationship between Join Africa and any guide.
• Transaction Records: A record of gratuity transactions may be retained by Join Africa for audit, compliance and regulatory purposes in accordance with our Privacy Policy.

Your Use of Content and Information

A variety of content is available on the Platform, including guide and operator profiles, reviews, photographs, ratings and other materials (“Platform Content”). While we endeavour to ensure that Platform Content is accurate and up to date, we cannot guarantee and accept no responsibility for the accuracy, completeness or timeliness of any content, whether provided by us or by users of the Platform. Any opinions, assessments or statements expressed by users or third parties are those of the respective author and do not represent the views of Join Africa.

We do not accept any obligation to pre-screen, edit or remove user-submitted content. Notwithstanding the foregoing, we reserve the right, at our sole discretion and at any time, to pre-screen, edit, refuse to accept, remove or relocate any content on the Platform.

Ownership and Intellectual Property

The Platform and all of its original content, features and functionality are owned by Join Africa Travel Technologies Limited or its licensors and are protected by copyright, trademark and other applicable intellectual property laws. All rights, titles and interests in the Platform, including its design, branding, software and original editorial content, are expressly reserved to Join Africa.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display or exploit any part of the Platform or its content without our express prior written consent.

Contact with Third Parties

Any dealings you conduct with tour operators, guides or other third parties encountered through the Platform are solely between you and the relevant third party. Such dealings include, without limitation, the booking and payment for safari or travel services, and any representations, warranties or contractual obligations arising therefrom.

Join Africa is not a party to any such dealings and makes no representations or warranties in respect of any third-party services. You agree that Join Africa shall have no liability in respect of any loss or damage, howsoever arising, as a result of your dealings with any third party identified through the Platform.

Users Under the Age of 18

The Platform is directed exclusively at adults and is not intended for use by persons under the age of 18. Creating an account, submitting Review Content or using the Tipping Feature is not permitted for persons under the age of 18. Where we become aware that an account has been created or used by a minor, we will delete that account and all associated content without delay. If you believe that an account has been created by a person under the age of 18, please notify us at info@joinafrica.com.

Privacy

The collection, use and disclosure of your personal data in connection with your use of the Platform is governed by our Privacy Policy, available at www.joinafrica.com/privacy. By using the Platform, you acknowledge that you have read and agree to our Privacy Policy. We may update our privacy practices from time to time at our sole discretion in accordance with the terms of the Privacy Policy.

Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis without warranties of any kind. Join Africa Travel Technologies Limited expressly disclaims all warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Platform will be available on an uninterrupted, timely, secure or error-free basis, or that any defects will be corrected.

Limitation of Liability

Join Africa Travel Technologies Limited and its affiliates, officers, directors, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with your access to or use of, or inability to access or use, the Platform or its content. This includes, without limitation, loss of data, loss of revenue, loss of goodwill and costs of procuring substitute services.

You acknowledge that Join Africa is not liable for the defamatory, offensive or unlawful conduct of any user or third party, and that the risk of harm or damage from such conduct rests entirely with you.

Indemnification

You agree to indemnify, defend and hold harmless Join Africa Travel Technologies Limited and its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with: (i) your breach of this Agreement; (ii) your use of the Platform; (iii) any Review Content or other content submitted by you; or (iv) your violation of any applicable law or the rights of any third party.

Modification or Suspension of the Platform

We reserve the right to modify, suspend or discontinue the Platform, or any part thereof, at any time, with or without prior notice. Join Africa shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Platform.

Severability

If any provision of this Agreement is held by a court or other competent authority to be invalid, unlawful or unenforceable, the parties agree that the court shall endeavour to give effect to the parties' intentions as reflected in that provision. The remaining provisions of this Agreement shall continue in full force and effect.

Applicable Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Kenya. The parties irrevocably submit to the exclusive jurisdiction of the courts of Nairobi, Kenya in respect of any such dispute or claim.