TERMS AND CONDITIONS FOR SERVICES UNDER VAMOS HOMES & TOURS
2. Information We Collect
We collect various types of personal information to provide and improve our services. The types of personal information we may collect include:
– Identity Information: Your name, date of birth, and other identifying information.
– Contact Information: Your address, email address, and phone number.
– Financial Information: Payment details necessary for processing bookings and transactions.
– Reservation Information: Details of your bookings, including dates, guests, and preferences.
– Communication Information: Correspondence records when you contact us via email, phone, or other channels.
– Usage Information: Information about how you interact with our website and services.
– Marketing Information: Your preferences for receiving marketing communications.
3. Use of Personal Information
We use the personal information we collect for the following purposes:
– Providing and managing your bookings, reservations, and related services.
– Communicating with you, responding to your inquiries, and providing customer support.
– Personalizing and improving our website, services, and customer experience.
– Sending you promotional emails about our services, special offers, and updates with your consent.
– Conducting market research and analysis to enhance our services and tailor our offerings.
– Complying with legal obligations and enforcing our terms and policies.
4. Sharing of Personal Information
We do not sell, rent, or lease your personal information to third parties. However, we may share your personal information in the following situations:
– Service Providers: We engage trusted third-party service providers to assist us in delivering our services and improving our operations. These providers are bound by confidentiality obligations and only process personal information on our behalf.
– Legal Compliance: We may disclose personal information if required by law or in response to valid legal requests, such as court orders or government regulations.
– Business Transfers: In the event of a merger, acquisition, or sale of our business assets, personal information may be transferred or disclosed as part of the transaction. We will ensure appropriate safeguards are in place to protect your privacy rights.
5. Data Security
We implement rigorous security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include physical, technical, and administrative safeguards. However, no data transmission or storage system can guarantee absolute security, and we cannot guarantee the security of your personal information.
6. Your Rights
You have certain rights regarding your personal information, including:
– Access: You can request access to the personal information we hold about you and receive a copy of that information.
– Correction: You can request the correction of any inaccurate or incomplete personal information.
– Erasure: You can request the deletion of your personal information under certain circumstances.
– Restriction: You can request the restriction of processing your personal information in specific situations.
– Objection: You can object to the processing of your personal information for certain purposes.
– Data Portability: You can request a copy of your personal information in a structured, commonly used, and machine-readable format.
– Withdrawal of Consent: If you have provided your consent for specific processing activities, you can withdraw your consent at any time.
To exercise your rights or for any privacy-related inquiries or concerns, please contact us using the contact information provided below.
7. Data Retention
We retain your personal information for as long as necessary
to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. The specific retention period may vary depending on the nature of the information and the purposes of processing.
9. Contact Us
Part II. General Terms:
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 a 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:
Within this document, unless the context suggests otherwise, the following terms have specific meanings:
“Terms and Conditions” refers to this document, along with any appendices, exhibits, and any future updates or changes implemented by Vamos.
“Confidential Information” pertains to any data or information of value to the Customer or Vamos that is not publicly available. This includes, but is not limited to, customer lists, supplier identities, executive and employee details, financial data, pricing strategies, and business methodologies. It also applies to any information of a similar nature obtained from another party and treated as confidential, irrespective of whether the Customer or Vamos own or developed it.
“Execution” is the act of clicking on the “Accept Terms and Conditions” button. This action signifies the user’s agreement to these terms, and the user is either the Customer or has the authority to bind the Customer. Utilization of Vamos’s services implies acceptance of these terms.
“Vamos Services” refers to the tailored services offered by Vamos Homes & Tours to the Customer via the platform. Access to these services requires agreement to these Terms and Conditions and any necessary subscription or installation.
“Customer Data” includes any data that the Customer provides to Vamos via the platform, social media, or any other products or services outlined in these Terms and Conditions.
“Intellectual Property Rights” encompasses all existing or future intellectual and industrial property rights, in all languages and for their entire duration. These rights may arise under statutory or common law, contract, or otherwise, regardless of their perfection. They include but are not limited to patent rights, copyrights, and trademark rights.
2.a) 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.b) 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 holds sole ownership of this platform, including all its aspects and services, and retains all rights related to it. As a customer, please understand that you won’t be acquiring any ownership rights, titles, or intellectual property rights to the platform or services through these Terms and Conditions. This isn’t a sale agreement, but rather a guideline for your usage of our platform.
We’d like you, as our customer, to acknowledge and agree that all the creativity, innovation, and hard work that went into creating this platform, any future enhancements, and any derivative works are all part of Vamos Homes and Tours’ proprietary property. This includes the ideas, methods, algorithms, processes, and concepts used in developing the platform, any updates or upgrades, improvements, revisions, modifications, enhancements, releases, and any changes to policies, databases, or other updates. All these elements are valued as proprietary assets 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.
7.4 DAMAGE OF ITEMS
The guest is responsible for any damaged or missing items, as indicated in the check-in list provided by the host upon arrival. To ensure transparency and accountability, the host will conduct a thorough inventory count before the guest’s check-in and after their check-out.
In the event of any damage or missing items, the guest and the host are encouraged to discuss the value of the items prior to check-out. This proactive approach aims to prevent confrontations during the check-out process and facilitates a fair resolution.
8. PAYMENTS AND TAXES
8.1.1.The Customer will pay Vamos the fees and amounts set forth on Vamos’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.While all payments made are typically non-refundable and non-cancellable, we understand that exceptions may occur. If you, as our customer, find a discrepancy in a quote or payment request, we encourage you to get in touch with us within 24 hours of receiving the request. By doing so, you may be eligible for an adjustment or credit, according to our terms. It’s our commitment to ensure a fair and transparent process for you.
Invoices shall be forwarded to the customer within thirty 1-48HRS 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 unauthorized 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 Vamos, 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.”
Part III. Cancellation Policy
At Vamos Homes , we understand that plans can change, and we strive to accommodate these changes to the best of our ability. Please find our cancellation policy below:
7.1 Applies to: Social media, website, mobile app, WhatsApp, Text Messages, Calls, Walk ins, in person and all bookings made on all Vamos Homes platforms:
7.1 a) Days to cancellation: Bookings of 1 to 9 People:
0 – 14 days – 0% Refunds
15- 22 days – 25% Refund
23 -30 days – 50% Refund
30 -40 days – 75% Refund
41 days + – 100% Refund
Refunds take 14 to 21 business days
7.1 c) Days to Cancellation: For Agents ,Institutions, Companies and Groups of 10+ People
0-60 days – 0% Refunds
61-75 days – 50% Refunds
76-90 days – 75% Refunds
91 days + – 100% Refunds
Refunds take 21 to 30 business days
7.1 d) Days to Cancellation: December Bookings: Less than ten people:
0-40 days – 0% Refunds
41-50 days – 30% Refunds
51-60 days – 50% Refunds
61-70 days – 70% Refunds
70 days + – 100% Refunds
Refunds take 21 to 30 business days
7.2 For Yacht Cruising in Mombasa, Malindi, Watamu, Diani:
Days to Cancellation:
0-6 days – 0% Refunds
6-11 days – 50% Refunds
12 – 14 days – 75% Refunds
15 days + – 100% Refunds
Refunds take 7 business days
7.3 For Activities booked on our platforms:
Days to Cancellation:
0-6 days – 0% Refunds
6-11 days – 50% Refunds
12 – 14 days – 75% Refunds
15 days + – 100% Refunds
Refunds take 7 business days
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.
Vamos reserves the right, at its discretion, to change these Terms at any time. Changes will be effective when posted on the Vamos platform with no other notice provided.