TERMS AND CONDITIONS FOR SERVICES UNDER VAMOS HOMES & TOURS
These Terms and Conditions apply to any visitors, users and any other persons who access and/or use the services of Vamos Homes and Tours on this platform.
Upon clicking on the ‘Agree to Terms and Conditions’ button or accessing or using this platform, on your own behalf and on behalf of any person, you accept the duties and liabilities under these Terms and Conditions (including any Updates, Supplemental Terms and Schedules) on your own behalf and on behalf of every Consumer, and you represent and warrant that you have full authority to bind the Customer to these Terms and Conditions and you have read, understood and fully accepted these Terms and Conditions.
VAMOS is an platform that allows its customers to plan for and/or book/find affordable accommodation and tour packages at the comfort of their cell phones, tablets, laptops et all; anywhere at any given moment. The platform is and will at all times remain the property of VAMOS CONCEPTS, of P. O. Box 7823 -00200 NAIROBI Kenya (hereinafter called “Vamos” which expression shall where the context so admits include its successors and assigns);
THE CONSUMER OF SERVICES OR THE CUSTOMER is any person, individual, Company, Corporation, Parastatal, Partnership, Organization or any other entity that agrees to these Terms and Conditions by clicking on the ‘Agree to Terms and Conditions’ button; or Consumes, makes an order, or subscribes to, or purchases, or gains access to, or uses the platform (hereinafter called “The Customer” which expression shall where the context so admits include its successors, executors and assigns);
- The Customer/Consumer is willing to subscribe to this platform’s Services and agrees to act in accordance with these Terms and Conditions.
- These Terms and Conditions may be altered from time to time on account of changes in the relationship between Vamos and Consumer/Customer, or any other considerations at Vamos’s sole discretion, without notice to the customer.
- Vamos has agreed to provide the Services to the Customer on a non-exclusive basis under these Terms and Conditions.
- The Customer, by clicking on the “Agree to Terms and Conditions” button or by in any way gaining access and/or using this platform is deemed and agrees to be deemed as having bound themselves to the requirements of these Terms and Conditions and shall be required to perform the duties provided herein and to bear such liabilities arising therefrom.
- The Customer confirms and agrees that these Terms and Conditions may be amended and/or updated from time to time by Vamos at its discretion, and Customer has a duty to stay appraised with such changes as they are made.
NOW THESE TERMS AND CONDITIONS WITNESSETH as follows:
In these Terms and Conditions unless inconsistent with the context or otherwise specified the following definitions will apply:
“Terms and Conditions” means these Terms and Conditions, and includes all appendices and exhibits (if any) to these Terms and Conditions including all such updates and amendments that Vamos may from time to time make.
“Confidential Information” means any data or information, including Trade Secrets, that is of value to Customer or to Vamos and is not generally known to competitors of Customer or to competitors of Vamos. Confidential Information shall include, but is not limited to, lists of Customer’s or Vamos’s current or potential customers, the identity of various suppliers, information about Customer’s or Vamos’s executives and employees, financial information, price lists, pricing policies, and Customer’s or Vamos’s business methods. Confidential Information shall also include information of the type described above which Customer or Vamos obtains from another party and which Customer or Vamos treats as Confidential Information, whether or not owned or developed by Customer or Vamos.
“Execution” means clicking on the “Accept Terms and Conditions” button, and this action will indicate that the person using the platform is the Customer and/or has capacity to bind the Customer, and the person being the Customer and/or having bound the Customer shall be liable under these Terms and Conditions. Access and use of Vamos’s Services will be construed as acceptance of these Terms and Conditions and shall be equally binding.
“Trade Secrets” shall mean any technical or scientific information, design, process, procedure, formula or improvement or any portion or phase thereof, whether or not patentable, that is of value to The Customer or to Vamos and is not generally known to competitors. Trade Secrets shall include, but are not limited to, information concerning proposed new products, market feasibility studies, proposed or existing marketing techniques or plans. Trade Secrets also include any information of the type described above which The Customer or Vamos obtains from another party and which The Customer or Vamos treats as a trade secret, whether or not owned or developed by The Customer or Vamos.
“Vamos Services” means the services that Vamos Homes & Tours customises and provides to the Customer on the said platform. Access to the Services requires agreement to these Terms and Conditions and Subscription/Installation, as required by the specific offering.
“Customer Data” means any data provided by Customer(s) to Vamos by and through the platform or social media, and any other products or services offered under these Terms and Conditions.
“Intellectual Property Rights” means all intellectual property rights and industrial property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, patent rights, copyrights, trade secret rights, and trademark rights.
2. RIGHTS TO ACCESS AND USE VAMOS’S SERVICES ON THE PLATFORM.
2.1 Right to Access and Use the Application
Subject to the terms of these Terms and Conditions, Vamos grants the Customer a nonexclusive, non-transferable, worldwide right to access and use the Application described in these Terms and Conditions solely for the Customer’s internal business.
2. RESTRICTIONS AND PROHIBITED USE
2.1.The Customer may not access or use the Platform’s Services if Customer is a direct competitor of Vamos or for monitoring the availability, security, performance, functionality, or for any other benchmarking or competitive purposes without Vamos’s express written permission;
2.2.The Customer will not sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make Vamos’s Services available to any third party; or
2.2.1.Attempt to gain unauthorised access to the Platform, engage in any denial of service attacks, or otherwise cause immediate, material, or ongoing harm to Vamos, its provision of the said Services, or others;
2.2.2.Impersonate or misrepresent an affiliation with a person or entity;
2.2.3.Use the platform to initiate or propagate Malware;
2.2.4.Use the Platform for any purpose that violates applicable law or regulation, infringes on the rights of any person or entity, or violates these Terms and Conditions.
3. SUSPENSION OF SERVICE
Vamos may suspend its services on the Platform:
3.1.1.If it deems it necessary to prevent or terminate any actual or suspected Prohibited Use; or if the Customer commits a material breach of these Terms and Conditions;
3.1.2.If it receives notice from any relevant sources that the Customer is in material breach of the Terms and Conditions;
3.1.3.If Vamos determines that the volume of data being transmitted or processed through the Platform under Customer’s account is significantly greater than the average use or may cause degradation of the Platform for Customer or other Customers; or
3.1.4.In the event of a threat to the security and integrity of the platform and/or Customer Data.
Suspension of the Application’s Services shall be without prejudice to any rights or liabilities accruing prior to or during the suspension.
4. OWNERSHIP RIGHTS
Vamos Homes and tours owns exclusively and reserves all rights, to this platform and the Customer may not exercise any, right, title, and interest including, without limitation, all Intellectual Property Rights in and to the platform and all Services. These Terms and Conditions are not an agreement of sale, and no title, Intellectual Property Rights, or ownership rights to the Services are transferred to the Customer pursuant to the Terms and Conditions.
The Customer acknowledges and agrees that the platform and all ideas, methods, algorithms, formulae, processes, and concepts used in developing or incorporated into the platform all future updates, upgrades, and all other improvements, revisions, corrections, modifications, enhancements, releases, and policy, database, and other updates in, of, or to the platform all derivative works based upon any of the foregoing, and all copies of the foregoing are trade secrets and reserved to and proprietary property of Vamos Homes and Tours.
5. RIGHT TO USE CUSTOMER DATA
The Customer hereby grants Vamos a limited, non-exclusive, royalty-free, right to access and use the Customer Data as necessary to provide Services and technical support and for all other lawful purposes during the term of these Terms and Conditions.
6. TERM AND TERMINATION
These Terms and Conditions will continue until termination by effluxion of time, unless terminated sooner in accordance with these Terms and Conditions.
7. CANCELATION POLICY:
Days to cancellation: Individual Bookings of 1 to 10 People:
0 – 2 days – 0% Refunds
2-6 days – 25% Refund
7 -13 days – 50% Refund
14 -20 days – 75% Refund
21 days + – 100% Refund
Days to Cancellation: Agents , Groups of 10+ People
0-60 days – 0% Refunds
61-75 days – 50% Refunds
76-90 days – 75% Refunds
91 days + – 100% Refunds
COVID-19 SPECIAL CONSIDERATION: FREE Rescheduling for Bookings the first Lockdown (March 14th 2020 to 6th July 2020) and second lockdown (March 26th 2021 – Date) . The FULL amount deposited will be used for the rescheduled trips once it’s possible to travel again.
8. PAYMENTS AND TAXES
8.1.1.The Customer will pay Vamos the fees and amounts set forth on Daftari’s website at the point of Purchase or consumption of Services, which amounts are exclusive of taxes (except in specific cases where certain taxes are separately indicated) and other statutory payments.
8.1.2.Services shall not be provided unless the requisite amounts are fully received in advance by Vamos.
8.1.3.All payment obligations are non-cancellable and non-refundable. If Customer believes a quotation or payment request is incorrect, Customer shall contact Vamos within twenty-four (24) hours from the date of the request in order to be eligible to receive an adjustment or credit.
Invoices shall be forwarded to the customer within thirty (30) days from the date of receipt of payment by Vamos.
The Customer shall separately pay all applicable transaction taxes, including, but not limited to, sales and use taxes, value added taxes, duties, customs, tariffs, and other government-imposed transactional charges however designated (and any related interest or penalty) on amounts payable by Customer under these Terms and Conditions.
In connection with these Terms and Conditions, each party may receive or have access to confidential information and materials of the other party. The Customer acknowledges that Vamos’s pricing, Services content, procedure, access codes and non-public information regarding the all Services and Intellectual Property Rights are Vamos’s Confidential Information.
Each party will take reasonable precautions (at least as great as the precautions it takes to protect its own confidential information) to prevent unauthorised use or disclosure of the other party’s Confidential Information in its possession. Neither party will disclose any Confidential Information of the other party to any third party during the term of these Terms and Conditions and for as long thereafter as the Confidential Information remains competitively sensitive, but not in any event for less than 7 years following the termination of these Terms and Conditions, or use any Confidential Information of the other party except in the performance of its obligations or exercise of its rights under these Terms and Conditions.
10. DATA PROTECTION
10.1.Where required in support of the permitted uses under these Terms and Conditions, Personal Data may be shared with third parties, including vendors, suppliers, and partners. Vamos will restrict access to Personal Data to the extent needed for performance and will impose written contractual obligations that are no less protective of the Personal Data than those obligations set forth in these Terms and Conditions.
11. INTELLECTUAL PROPERTY
The Services Intellectual Property Rights are the sole and exclusive property of Vamos Homes and Tours or its licensors, who retain sole ownership of all right, title and interest in them, as well as any derivative works thereof. These ownership rights include all Intellectual Property Rights. The Customer agrees, on behalf of themselves or itself and its Subsidiaries, that the Customer and its Subsidiaries will take no action inconsistent with Vamos’s Intellectual Property Rights. The Customer agrees that Vamos has the unrestricted right to use suggestions and feedback provided by the Customer regarding its products and services, without notice to, payment to, or consent from Customer, and that the Customer will treat such suggestions and feedback as the Confidential Information of Vamos, and not the Customer.
Vamos warrants that this Platform will perform substantially in accordance with the information in Vamos’s website. This warranty is personal to Customer and may not be assigned, transferred or passed-through to any third party.
This warranty will not apply if:
12.1.The Services are not used in accordance with these Terms and Conditions.
12.2.The services has been brokered by any person or entity other than Vamos; or
13. LIMITATION OF LIABILITY
13.1.The sole and exclusive remedy, and Vamos’s entire obligation and liability, for Vamos’s breach of warranty under these Terms and Conditions is for Vamos to provide Services to conform with the indications on its’s website. If it is unable to do so, Vamos may, in its own discretion, allow Customer to terminate the Services immediately upon notice. In such event, if Customer paid fees directly to Vamos, Vamos will provide to Customer a pro-rata refund of the fees paid under these Terms and Conditions for the remainder of the then current monthly quarterly or annual term.
13.2.The customer takes the services “as is” and “with all faults” and Vamos makes no representations or warranties, and disclaims all representations, warranties, and conditions, oral or written, express or implied, arising from course of dealing, course of performance, or usage in trade, or otherwise, including, without limitation, implied warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement, or systems integration.
13.3.Without limitation, Vamos does not represent or warrant any of the following:
13.3.1.That any Service, device, network, support, or system will operate uninterrupted or be failsafe or error-free; or
13.3.2.That any Service, device, advice, report, or data, will be free from errors or comply with any particular law; or
13.3.3.Any business results customer may achieve; or
13.3.4.That any or all system vulnerabilities or weaknesses will be discovered; or
13.3.5.Complete protection against any security threats or other possible risks.
13.4.Internet delays: Vamos’s services may be subject to limitations, delay and other problems inherent in the use of the internet and electronic communications. Vamos is not responsible for any delays, delivery failures, or damages resulting from such problems.
13.5.Security: No data transmission over the internet can be guaranteed to be secure. Vamos is not responsible for any interception or interruption of any communications through the internet or networks or systems outside of Vamos’s control. Customer is responsible for maintaining the security of its networks, computers, software, and access codes.
13.6.No consequential damages: Under no circumstances will Vamos be liable for any indirect, special, incidental, punitive, exemplary, consequential, or extra-contractual damages of any kind or loss of profits, loss of goodwill, loss of personnel salaries, computer or system failure or malfunction, costs of obtaining substitute software or services, work stoppage, denial of access or downtime, system or service disruption or interruption, or any lost, damaged, or stolen data, information, or systems. Vamos will not be liable for any damages arising from or relating to allegations or claims that the services were not failsafe, did not operate interruption or error-free, or did not protect against all security breaches or all possible security threats, malfunctions, malicious code or other vulnerabilities or errors in any cloud services or software caused by virus, infection, worm or similar malicious code, in all cases regardless of legal theory and whether or not foreseeable, even if the exclusive remedies provided by these Terms and Conditions fail of their essential purpose and even if either party has been advised of the possibility or probability of such damages. These limitations do not apply to Vamos’s indemnification obligations; to Vamos’s gross negligence or wilful misconduct; or to any limitation to the extent prohibited by applicable law.
13.7.Regardless of whether a claim for damages is based in contract, tort including negligence or any other legal theory, in no event will the aggregate total liability of Vamos under these Terms and Conditions or in connection with the subject matter of these Terms and Conditions exceed:
13.7.1.For monthly and quarterly customers, to the fees paid under these Terms and Conditions for one (1) month immediately preceding the event giving rise to the claim; or
13.7.2.For annual customers, to the fees paid under these Terms and Conditions for three (3) months immediately preceding the event giving rise to such claim; or
13.7.3.For any other claim for setup assistance or other services provided by Daftari, a maximum of 5% of all the monies paid by the customer.
A party’s failure or delay in enforcing any provision of these Terms and Conditions will not operate as a waiver of the right to enforce that provision or any other provision of these Terms and Conditions at any time. No waiver of any provision of these Terms and Conditions will be valid unless in writing, specifying the provision to be waived, and signed by the party agreeing to the waiver.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions and any dispute arising out of or relating to it will be governed by the Laws of Kenya, without regard to conflict of laws principles. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (1980). Any dispute arising out of or relating to these Terms and Conditions will be resolved as follows: either party will deliver notice of the dispute, including a detailed description of the dispute, together with relevant supporting documents. Senior management from each party will then attempt to resolve the dispute. If the parties do not resolve the dispute within 30 days of the dispute notice, either party may deliver notice of a demand for Arbitration in accordance with the Laws of Kenya, and the seat of Arbitration shall be in Kenya, unless the seat of Arbitration is agreed at a different location by mutual consent. The parties will then try to resolve the dispute with an Arbitrator. If the parties do not resolve the dispute within 60 days after the mediation demand, either party may begin litigation. The dispute resolution process in this section will not apply to claims for misappropriation of trade secrets or breach of confidentiality obligations if the requested relief includes injunctive or other non-monetary relief.
16. MODIFICATION TO TERMS
Vamos reserves the right to modify these Terms and Conditions at any time, effective upon the posting of an updated version. The Customer is responsible for regularly reviewing these Terms and Conditions. Use of the Application after any such change shall constitute Customer’s consent to the changes.
The Customer may not assign these Terms and Conditions, whether by contract, operation of law or otherwise, without the prior written permission of Vamos. Any attempt by the Customer to assign these Terms and Conditions, including any rights, duties, or obligations under these Terms and Conditions, without Vamos’s written consent will be a material breach of these Terms and Conditions and will be null and void Vamos may assign these Terms and Conditions in its sole discretion.
18. FORCE MAJEURE
Vamos will not be liable for any delays, failures to perform, damages, losses, destruction, or malfunction, or any consequence thereof, caused by forces of nature or any other cause beyond its reasonable control.
19. ENTIRE TERMS AND CONDITIONS
These Terms and Conditions represents the entire Terms and Conditions between the parties and expressly supersedes and cancels any other communication, representation, or advertising whether oral or written, on the subjects herein. The express provisions of these Terms and Conditions control over any course of performance, course of dealing, or usage of the trade inconsistent with any of the provisions of these Terms and Conditions.
The parties intend that if a court holds that any provision or part of these Terms and Conditions is invalid or unenforceable under applicable law, the court will modify the provision or part to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the court will sever and delete the provision or part from these Terms and Conditions. Any change to or deletion of a provision or part of these Terms and Conditions under this section will not affect the validity or enforceability of the remainder of these Terms and Conditions, which will continue in full force and effect.
All remedies available to either party for breach of these Terms and Conditions are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy will not be deemed an election of such remedy to the exclusion of other remedies.
The relationship of Vamos and Customer established by these Terms and Conditions is that of independent contractors, and nothing contained in these Terms and Conditions gives either party the power to direct and control the day-to-day activities of the other party; or constitutes the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking; or allows either party to create or assume any obligation on behalf of the other party. The relationship contemplated by these Terms and Conditions is non-exclusive and does not prohibit either party from entering into any arrangements with any third parties.
IN WITNESS WHEREOF the parties have duly executed these Terms and Conditions on the date of acceptance of clicking on “Accept Terms and Conditions.”