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Terms Of Use

In these Terms, unless the context otherwise requires the following terms shall have the following meanings: a) "Content" refers to Text, Graphics, Design, Document and Programming.

b) "Design" refers to the colour combinations, page layout as well as the look and feel of the Site.

c) "Document" refers to any posting on the Site.

d) "Graphics" refers to all logos, buttons, and other graphical elements on the Site.

e) "Terms" means these terms and conditions as the same may from time to time be amended and includes any terms, conditions and notices contained in the Site generally.

f) "Text" refers to all the information on every web page within the Site.

g) You" and "User", are used interchangeably to refer to any Person accessing the Web Site for any reason and includes any Person for whom such a Person may be acting and "Your" and "Yourself" shall be construed accordingly.

h) "Web Site" or "Site", means.mskigwa.com in its entirety and its related web sites that are owned or operated by the Organisation or Persons affiliated to the Organisation and includes Content and Services.

Zoar Tours is pleased to provide you with this website (ZoarTours.com) for general informational purposes. Please carefully read these Terms and Conditions relating to the use of our website. By using our website, you agree to these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, please do not use our website. We reserve the right to revise these Terms and Conditions or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions that apply to your use of our website. If you violate any of these Terms, your permission to use the materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the materials.

Use of Materials and Intellectual Property Rights

The entire contents of this website are subject to copyright protection. You may not reproduce, modify, display, sell, distribute or use the Content (or any part of it) in any way other than as envisaged in the Site. This includes, by way of example only and without limiting the generality of the foregoing sentence, copying or adapting the HTML code used to generate web pages on the Site.

The Organisation specifically prohibits any use of the Web Site for any of the following:

a) Any unlawful purpose or any purpose prohibited by these Terms.

b) Posting any incomplete, false, inaccurate or misleading data.

c) Posting any franchise scheme, pyramid scheme, club membership scheme, scheme to recruit members for any organisation or activity (not in the nature of a Job), franchising or sub-franchising, distributorship or sub-distributorship or agency or sub-agency opportunities, or any business opportunity which requires an up front or periodic payment.

d) Posting advertisements or solicitations of business which include, but are not limited to, Multi-Level Marketing (MLM), e-mail processors, club memberships or anything requiring a monetary investment by the User.

e) Deleting or revising any material posted by any other User.

f) Using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. v g) Taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.

i) Using or attempting to use any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents and others to navigate or search the Site other than the search engine and search agents generally available from the web, such as Netscape Navigator or Microsoft Explorer.

j) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. k) Aggregating, copying or duplicating in any manner any of the Content. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of ZoarTours.com its affiliates or any third party. ZoarTours.com prohibits the use of any ZoarTours.com trademark, or any related graphic, as a "hot link" to any website unless approved by ZoarTours.com.

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of ZoarTours.com, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that ZoarTours.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Links to Third Party Sites

We have provided links to certain third party websites as a courtesy. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our website. We expressly disclaim any responsibility for the content of any third party sites linked to our website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our website. Disclaimers of Warranty, Liability, and Consequential Damages

This website and the materials are intended for information purposes only. Access to the materials may not be legal by certain persons or in certain countries. If you access the website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

ZoarTours.com does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods. If your use of the website or the materials results in the need for servicing or replacing equipment or data, ZoarTours.com is not responsible for those costs.

The website and materials are provided on an 'as is' basis without any express or implied warranties of any kind. ZoarTours.com and its suppliers, to the fullest extent permitted by law, disclaim all express and implied warranties, including the warranty of merchantability, non-infringement of third parties rights, and fitness for a particular purpose. ZoarTours.com and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the materials, services, software text, graphics, and links.

In no event shall ZoarTours.com, its affiliates, suppliers, or any third parties mentioned at this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not ZoarTours.com is advised of the possibility of such damages.

Ordered Products

The order, purchase, and/or sale of any products from ZoarTours.com, its affiliates, and/or their suppliers are subject to the terms and conditions contained in the applicable purchase order or written agreement between the parties.

Indemnity

You agree to defend, indemnify, and hold harmless ZoarTours.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the materials (including software) or your breach of these Terms and Conditions of Use. ZoarTours.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Information

Any personally identifiable information in electronic communications to this website is governed by ZoarTours.com Privacy. ZoarTours.com shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes, including disclosure to third parties and/or developing, and/or marketing products or services.

Void Where Prohibited

This website and its contents are intended to comply with the laws and regulations in the Kenya. Although the information on this web site is accessible to users outside Kenya. The information on the web site pertaining to ZoarTours.com products and services is intended for use only by residents of Kenya. Other countries may have laws, regulatory requirements that differ from those in Kenya. This site links to other sites produced by ZoarTours.com’s various operating divisions and subsidiaries, some of which are outside Kenya. Those sites may have information that is appropriate only to that particular originating country. ZoarTours.com reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this website is void where prohibited. Choice of Law and Jurisdiction

Our website is operated from our offices in Nairobi, Kenya. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Republic of Kenya without regard to any conflict of law provisions thereof. Any action related to these Terms and Conditions of Use shall be brought only in the Law courts of Kenya and all parties waive any objection to the personal jurisdiction of and venue in such courts.

Severability

If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect. Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

By using this site you agree and acknowledge that the Organisation's obligations and liabilities in respect of any business undertaken by the Organisation pursuant hereto (whether in respect of the provision of the Service or otherwise howsoever) are exhaustively defined herein. You also agree and acknowledge that the express obligations undertaken by the Organisation pursuant hereto are in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to the matters undertaken by the Organisation pursuant to or in connection with the Terms. Without prejudice to the foregoing, the Organisation or any of its third party suppliers shall not be liable whatsoever to

You provided that if the Organisation or any of its third party suppliers, shall at any time be held liable to you for any loss or damage suffered by You as the result of You using the Site, their liability shall be limited to the amount (if any) payable by You as monthly access fees to the Site and excludes any loss of future earnings, profit or prospects or any consequential or speculative loss or any collateral, exemplary, punitive, indirect, incidental, naturally resulting or consequential losses or damages including without limitation, loss of goodwill, loss of profits or revenues, loss of savings, loss of use or interruptions of business, special or consequential loss, damage, cost or expense of any kind whatever and however caused whether arising under contract, tort or otherwise even if the Organisation has been advised of their possibility.

 
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