Effective date: August 5, 2020

1. Overview

Jiranileo LLC (“Jiranileo”) is providing clients (“Customer”) with access to our Jiranileo website, to book a food tour (“Service”) made available on www.jiranileo.com, and through Jiranileo Tourism Limited (Zambia), subject to the conditions of these Terms of Service (“Terms”). Any new features, changes, updates or improvements of the Services, and any new additional Services, products or platforms made available and used by you, shall be subject to the terms of this Agreement unless explicitly stated otherwise in writing.

To become eligible to use Jiranileo’s Services, you must accept this Agreement at the time of booking any Service. We reserve the right to change the terms of the Agreement from time to time. You acknowledge your responsibility to review the Agreement from time to time and to be aware of any such changes. By continuing to use the Services after any such changes, you accept this Agreement, as modified.

PLEASE READ THIS AGREEMENT CAREFULLY AND IN FULL BEFORE USING THE SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU, THE CUSTOMER, PROSPECTIVE CUSTOMER, AND/OR USER HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE OUR SERVICES. ALL TERMS INCORPORATED HEREIN FOR YOUR USE OF THE SERVICES SHALL CONSTITUTE YOUR BINDING ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES. CONTINUED USE WILL CONSTITUTE YOUR BINDING ACCEPTENCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Definitions

All capitalized terms shall have the meanings ascribed to them in this Section 2 or elsewhere in this Agreement.

“Acceptable Use Policy” or “AUP” means the Jiranileo policy describing actions that are prohibited and conduct that is required when any party uses the Services offered by Jiranileo, which policy is located https://jiranileo.com and is incorporated into this Agreement by reference.

“Affiliate” means, with respect to either a branch/franchise/agent directly and/or indirectly controlled by or owned by Jiranileo.

“Applicable Law” means any law, regulation, rule, or order, of any government authority applicable to you, your business, your Guest, or the subject matter of this Agreement, including, but not limited to, the following, the United States of America and the Republic of Zambia.

“Communication” means voice telephone calls, multi-media message(s) (MMS), short message service messages (SMS), video calls, e-mail or electronic messages of any kind.

“Content” means any and all information, data, text, software, music, sound, photographs, graphics, video, messages, services or other materials that you make available to Jiranileo.

“End User” means you, the individual accepting the terms of this Agreement, or the entity you represent, as applicable, as the customer, potential customer, or user of any Services.

“End User Data” means any data and other information made available to KG through the use of the Jiranileo Services under this Agreement.

“Inappropriate Content” means any Content that (i) violates Applicable Law, (ii) is unsolicited, including without limitation, spam or other unsolicited commercial or other advertising material or otherwise violates the AUP; (iii) violates any authoritative industry guidelines, or violates any Network Operator requirements, conditions, or codes of practice.

“Network Operator” means any mobile network operator, wireless service provider, wireless carrier, cellular company, third party operator or user of a communications network to and from which KG can transmit and receive communication.

“Registration Data” means all of the information required to be provided to Jiranileo as prompted by the registration form.

“Services” means any service or services expressly provided to you by Jiranileo pursuant to this Agreement, through www.jiranileo.com and/or through Jiranileo Tourism Limited.

3. Use of the Services

End User will be solely responsible for all use of the Services. Jiranileo makes no warranties and shall have no liability to the End User. End User will take all reasonable precautions to prevent unauthorized access to or use of the Services and notify Jiranileo promptly of any such unauthorized access or use. Notwithstanding the foregoing, End User remains fully liable for any use of the Services.

The Services may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. End User agrees to use the Services in accordance with all applicable guidelines as well as all national and international laws that the Services are subject to.

4. Restrictions on Inappropriate Content

End User accepts that the Services are provided for social connection use only, and you agree that your use of the Services shall conform in all respects to the AUP. Jiranileo shall have the right not to accept, transmit or deliver any communication that Jiranileo or any Network Operator reasonably believes, exercising reasonable discretion based on industry experience, contains Inappropriate Content or that is, or could reasonably become, the subject of any legal, regulatory, or other governmental proceeding or process, including without limitation any law enforcement, proceeding, process, or inquiry. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in our sole discretion, and you may be reported to appropriate law enforcement agencies.

End Users agree to provide legally required contact information from the use of our services when reasonably required by any Applicable Law following guidance from Jiranileo to that effect. You further agree that Jiranileo is, under no circumstances, responsible for the contents and/or accuracy of any communications transmitted by use of Jiranileo services. Jiranileo will only transmit them on a basis of good faith that End User uses the Services in accordance with this Agreement and Applicable Law. Jiranileo will not be liable for any misuse of the Services by End Users.

5. Registration Obligations

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information when asked to register and/or subscribe. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jiranileo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jiranileo has the right to suspend or terminate your use of our services and refuse any and all current or future use of the Services (or any portion thereof). You agree to notify Jiranileo of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username.

6. Payments and refund terms

When your use of and access to the Services is contingent on your paying for such usage, End User agrees to pay the usage fees set forth in the Pricing when related to the website service and/or application service in the amounts and using the methods indicated in the Booking Information sheet. You are responsible to pay 100% upfront for any food tour booking made via www.jiranileo.com.

End User and Jiranileo each have the respective right to cancellation. In the event of cancellation:

1. If End User cancels, and as cancellation is prior to 24 hours of the Service, and if Jiranileo is notified of your cancellation before 24 hours of the Service, then End User will either: i) have the option to have your payment upheld as a credit to be utilized for any future booking made via the website service; or ii) receive a full refund within two weeks of cancellation.
2. If End User cancels, and as cancellation is within 24 hours of the Service, and if Jiranileo is notified of your cancellation within 24 hours of the Service, then End User will not receive a full refund.
3. If Jiranileo cancels, at any time, then End User will be informed as soon as possible. End User will either: i) have the option to have your payment upheld as a credit to be utilized for any future booking made via the website service; or ii) receive a full refund within two weeks of cancellation.
4. If the End User is a NO SHOW then Jiranileo reserves the right not to reimburse any moneys paid in advance, nor credit the client’s account for future food tour activity.

Refunds will not include any transfer fees, bank charges, credit card fees, or any other financial charges related to the End User’s payment for Services. Jiranileo cannot readily or accurately ascertain your location when the booking is confirmed for a food tour that you booked, and Jiranileo took reasonable measures to locate the customer and fails to do so, Jiranileo will not liable for a refund of the price paid upfront. Jiranileo shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

7. Intellectual Property

We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering the Services. Except as expressly provided in this Agreement, the availability of the Services does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Services are the sole property of Jiranileo or its licensors, each of whom reserves all rights with regard to such materials. Jiranileo retains all copyright over branding, logos, and other significant business features such as domain names. All right, title and interest in and to the Services are and will remain the exclusive property of Jiranileo. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services, including any proprietary communications protocol used by the Services without the express written permission of Jiranileo. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.

8. Data Protection & Privacy

To assist us in verifying that your and/or your End User use of the Services complies with Applicable Law, we may, from time to time, randomly check the communications transmitted on our services that you and/or your End Users initiate and transmit over the Jiranileo services platforms. Notwithstanding the foregoing, you will remain solely responsible for all use of the Services under your account or usage. Nonetheless, we are committed to maintaining the privacy of your information, pursuant to our Privacy Policy, located at www.jiranileo.com. Except as otherwise required for your use of the Services as contemplated herein, Jiranileo does not want you to, and you should not, send any confidential or proprietary information to Jiranileo via the Services.

9. No Warranty; Limitation of Liability

Jiranileo provides Services based on the value of hospitality and wants to provide a service that is enjoyable. With this in mind, Jiranileo intends to build our services in a way that specifies guidelines for use. However, Services are provided “as is” and Jiranileo makes no guarantees they will always be safe or error-free or that they will function without disruptions, delays or imperfections. Jiranileo cannot control or direct what people or others do or say, and Jiranileo is not responsible for their actions or conduct. Jiranileo cannot predict when issues will arise with Services. In no way will Jiranileo be liable to End User for any damages or other negative effects as a result of End User using our services.

Jiranileo reserves the right to modify, suspend, or discontinue the offering of any of the Services at any time for any reason without prior notice. Further, while Jiranileo utilizes electronic and physical security to reduce the risk of improper access to or manipulation of Customer Data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Services. End User acknowledges that your communications may be transmitted unencrypted and that eavesdropping of communications by third parties is possible.

Jiranileo shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. Jiranileo will not be liable for any act or omission of any other company or companies furnishing a portion of the Services.

Notwithstanding anything contained herein to the contrary, the services are provided “as is” and “as available,” without any warranties or conditions whatsoever, expressed or implied. Notwithstanding the foregoing or any statement to the contrary contained in these terms, Jiranileo does not warrant that the use of the services will be uninterrupted or error free, including, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties (e.g., “hacking”) nor shall Jiranileo be responsible for any data loss or loss of any information in your account, regardless of the cause.

10. User Warranties; Indemnification

End User warrants and represents to Jiranileo that you have all necessary rights, power, and authority to agree to use this Service and is of legal age. End User further warrants and represents that the End User is at all times remain in full compliance with all Applicable Laws, rules and regulations with regard to your use of the Jiranileo service website and application and future services, including without limitation the Tanzania Communications Regulatory Act, International General Data Protection Regulations and all policies, rules and regulations emanating therefrom above, concerning, but not limited to, privacy, telemarketing, and Internet marketing.

End User agrees to indemnify and hold harmless Jiranileo and its Affiliates, branch offices, agents and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Jiranileo in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach or alleged breach of the this Agreement; or (ii) any use by you, or an account or computer owned by you, of the Services. End User agrees to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, and governmental investigation or enforcement action. End User acknowledges and agrees to be held liable for any and all damages caused to Jiranileo by you as a direct result of a violation of, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of any and all services provided by Jiranileo to you.

11. Termination, Cancellation and/or Suspension by Jiranileo

If at any time End Users breach, or is suspected of breaching, this Agreement, Jiranileo may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our Customer, your financial status or the content of the communication originating from End Users.

12. Security Rules

You are prohibited from violating or attempting to violate the security of the Services and from using the Services to violate the security of other websites, the Jiranileo Services or the API network of any Network Operator, by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Services, host or network, including, without limitation, via means of submitting a virus to the Jiranileo Network, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”, “zoombombing,” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Jiranileo packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Jiranileo may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Services who are involved in such violations.

13. Force Majeure

Jiranileo shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of Jiranileo. In addition, Jiranileo shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.

14. Choice of Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United Republic of Tanzania. Anything in the foregoing paragraph to the contrary notwithstanding, Jiranileo may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.

These Terms are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to Jiranileo are applicable to this Agreement in any way and are not to be considered your exceptions to the provisions of this Agreement.

15. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Jiranileo in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, Jiranileo will be entitled to recover costs and attorneys’ fees if it substantially prevails.

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16. How to contact us

If you have any questions about these Terms of Service, please contact us at [email protected].