Safari Portal Terms of Service

 Last Updated: January 28, 2024

Thank you for your interest in our proprietary, award-winning digital itinerary customization platform (“Safari Portal”). These Terms of Service are entered into by and between you, whether personally or on behalf of an entity (“you”), and Safari Portal LLC (“SP LLC,” “we,” “our,” or “us”).

The following legally binding Terms of Service, together with any documents, agreements, or policies they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of Safari Portal, any requested customizations or changes to Safari Portal we implement (“Customizations”), and all other tools, databases, applications, websites, technology, features, or services made available by us in connection therewith, such as the Travel Portal app for travelers, optional modules, or support provided by SP LLC (collectively with Safari Portal, the “Service”). The individual accepting these Terms on behalf of their organization represents and warrants that they have been duly authorized to accept these Terms on its behalf.

PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR A FREE TRIAL, SUBMITTING ANY PAYMENT, OR ACCESSING ANY ASPECT OF OUR SERVICE.

By accessing or using Safari Portal, or otherwise submitting or exchanging funds and/or information via any aspect of our Service, you accept and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use our Service. The rights and licenses granted to you and/or your organization under this agreement are expressly conditioned upon acceptance of these Terms by you and your organization.

All travel products displayed through Safari Portal are ultimately provided by independent, third-party suppliers, and Safari Portal shall have no liability, obligation, or responsibility in connection therewith.

Arbitration Notice: You agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit, class-wide arbitration, or any other class, group, or representative action or proceeding.

1. Safari Portal Overview

Safari Portal enables travel advisors, travel agents, DMCs, and tour operators to create interactive and highly customizable digital itinerary proposals that they can share with other users or end-client travelers (“Travelers”). All organizations or individuals utilizing an account on Safari Portal are collectively referred to as “Users.”

Users understand and agree that all information, marketing, proposed itineraries, travel products, and services showcased through our Service—including but not limited to accommodations, venues, cruises, tours, excursions, activities, events, and transportation (“Travel Products”)—are owned, controlled, or made available, either directly or indirectly, by independent third parties, including travel advisors, property owners, tour operators, destination management companies, airlines, cruise lines, and other providers (“Suppliers”).

Suppliers, and not SP LLC, own, operate, and provide the Travel Products that appear on, or are used in connection with, the Service. Your interaction with Suppliers is at your own risk, and SP LLC shall have no liability, obligation, or responsibility in connection with any Supplier.

Safari Portal is designed solely for creating custom digital itineraries. Except for the Fees, SP LLC does not receive any Traveler-related payments from Users (and under no circumstances receives Traveler-related funds from Suppliers). SP LLC is not, and shall not be deemed, the merchant of record in connection with the purchase of Travel Products by Users or Travelers (regardless of whether our Service facilitates such purchases).

Safari Portal may be accessed and used in the United States as well as internationally and may contain references to services not available in all locations. The presence of a particular feature or module does not imply availability in all regions, and SP LLC makes no warranties or representations regarding such availability.

2. Eligibility & Accounts; Usage Limits

A. Eligibility

- You must be at least 18 years old to use the Service.

- By agreeing to these Terms, you represent and warrant that:

- You are at least 18 years old.

- You have not been previously suspended or removed from the Service.

- Your registration and use of the Service comply with all applicable laws and regulations.

- If you are an entity or organization, the individual accepting these Terms has been duly authorized to bind you to these Terms.

B. Account Registration & Security

- You must provide accurate and up-to-date information when registering for an account.

- You are responsible for maintaining the confidentiality of your account credentials and all activity under your account.

- You must immediately notify SP LLC at support@safariportal.app if you suspect unauthorized access to your account.

C. Account Use Restrictions

- You may not share your account with another individual or use another User’s account.

- Sharing account seats to circumvent authorized limits is strictly prohibited without prior written authorization from SP LLC.

D. Usage Limits

- Your access to the Service depends on your purchased subscription tier (“Tier”).

- Users may not create itineraries using Safari Portal and sell them to other agents, partners, or travel businesses without our prior written consent.

- If your use of the Service exceeds the permitted Usage Limits, SP LLC reserves the right to charge additional fees.

3. Membership Term; Payment of Fees; Cancellation

A. Subscription & Renewal

- The Service is provided on a subscription basis, and continued access requires payment of a subscription fee (“Subscription Fee”).

- At the end of the subscription term, the subscription will automatically renew unless canceled.

- Subscription fees are non-refundable.

B. Cancellation

- To avoid automatic renewal, you must cancel your subscription before the next billing period via your account settings.

- If payment cannot be processed, your subscription will not renew, and your access to Safari Portal will be revoked.

C. Payment Information

- You authorize SP LLC to charge your payment method for all applicable fees.

- If there are issues with processing payments, SP LLC will notify you via email.

D. Transactions & Payment Security

- Users are responsible for providing accurate payment information for transactions.

- Payments are securely processed through third-party payment providers.

4. Provision of License

SP LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use Safari Portal, subject to your compliance with these Terms.

You may not:

- Reproduce, distribute, or publicly display the Service.

- Modify, reverse-engineer, or create derivative works from the Service.

- Use the Service for any purpose not expressly permitted under these Terms.

SP LLC may modify, suspend, or terminate access to the Service at its discretion without prior notice.

5. Responsibility for Financial Transactions

- Users are responsible for all financial transactions conducted through the Service.

- Payments to Suppliers are processed via integrated third-party payment systems.

- SP LLC is not responsible for transaction disputes, chargebacks, or financial issues between Users and Suppliers.

6. Intellectual Property Rights

All rights, titles, and interests in Safari Portal, including patents, copyrights, trademarks, and trade secrets, are owned by SP LLC or its licensors.

Users may not:

- Copy, rent, lease, sell, or sublicense any part of the Service.

- Remove copyright notices or branding from the Service.

7. User Content

Users may upload content to Safari Portal (e.g., proposals, media, marketing materials).

Users affirm that their content:

- Does not infringe on third-party rights.

- Is not misleading, defamatory, or unlawful.

SP LLC reserves the right to remove any content that violates these Terms.

8. Prohibited Activities

Users may not:

- Use the Service for unlawful purposes.

- Introduce viruses, malware, or disruptive software.

- Attempt to gain unauthorized access to the Service.

9. Third-Party Integrations

SP LLC may provide integrations with third-party products.

- SP LLC is not responsible for the availability or functionality of third-party services.

- Users must comply with third-party terms when using integrations.

10. Service Data & Privacy Policy

Please read our Privacy Policy, available on our website and incorporated herein by reference, for details regarding our collection, use, storage, and disclosure of your personal information.

As part of your use of the Service, we collect data, metadata, and personal information that you provide or that is collected via the Service. This includes but is not limited to information outlined in our **Privacy Policy** (“User Data”).

- User Data does not include User Content (e.g., uploaded itineraries or marketing materials).

- By using Safari Portal, you grant SP LLC a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right to collect, use, store, and process User Data to operate and improve the Service.

- SP LLC is not responsible for User Data and assumes no liability for its accuracy.

SP LLC also collects Service Data, which includes usage and operational metrics regarding Users’ interaction with Safari Portal.

- SP LLC owns and controls Service Data and may use it for product development, analytics, and operational improvements.

- Aggregated and anonymized data (“Aggregate Data”) may be used for research, industry analysis, and marketing, provided that it does not personally identify Users or Travelers.

11. Digital Millennium Copyright Act (DMCA) Compliance

SP LLC complies with the Digital Millennium Copyright Act (DMCA) and respects intellectual property rights.

If you believe copyrighted material has been infringed upon through the Service, please contact our Designated Agent at:

Safari Portal LLC

601 Heritage Drive, Suite 220A

Jupiter, FL 33458

USA

Your DMCA notice must include:

1. A signature of the copyright owner or authorized representative.

2. A description of the copyrighted work claimed to be infringed.

3. Identification of the infringing material and its location on the Service.

4. Your contact information (address, phone number, email).

5. A statement that you have a good faith belief that the use is unauthorized.

6. A statement confirming the accuracy of your claim under*penalty of perjury.

SP LLC reserves the right to terminate repeat infringers from the Service.

12. Modifications to These Terms

SP LLC reserves the right to modify these Terms at any time.

- If changes are made, we may notify you via email or through your account.

- Continued use of the Service after changes constitutes your acceptance of the updated Terms.

- Disputes will be handled according to the version of the Terms in effect at the time the dispute arose.

13. Indemnity

By using Safari Portal, you agree to indemnify, defend, and hold harmless SP LLC and its affiliates, officers, directors, employees, and agents (collectively, “Indemnified Entities”) from:

- Any claims or disputes arising from your use of the Service.

- Any violations of these Terms, third-party rights, or applicable laws.

- Any issues related to transactions, User Content, or interactions with Suppliers or other Users.

SP LLC reserves the right to assume defense control at its own expense in any matter requiring indemnification.

14. No Warranties; Disclaimers

To the maximum extent permitted by law:

- THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES.

- SP LLC DISCLAIMS ALL IMPLIED WARRANTIES, including merchantability, fitness for a particular purpose, title, and non-infringement.

- We do not guarantee uninterrupted service, error-free operation, or the security of your data.

- SP LLC is not responsible for the accuracy, completeness, or timeliness of materials displayed through the Service.

SP LLC does not own, operate, or control travel products or services showcased through Safari Portal.

- Suppliers are responsible for their own offerings.

- We assume no liability for Supplier errors, omissions, or misrepresentations.

Users acknowledge that any AI-generated content (such as itinerary recommendations) is provided without warranties and at their own risk.

15. Limitation of Liability

To the fullest extent permitted by law:

- SP LLC IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (including lost profits, goodwill, or data loss).

- The total liability of SP LLC for any claims arising out of or related to the Service is limited to the greater of:

(A) The amount you paid to SP LLC in the 12 months prior to the event; or

(B) $100.

- Users release SP LLC from all disputes between themselves and Suppliers, other Users, Travelers, or third parties.

16. Limitation on Time to File Claims

Any claim or dispute related to the Service must be filed within one (1) year of the event giving rise to the claim.

- Failure to do so results in a permanent bar on claims.

17. Force Majeure

SP LLC is not liable for any failure or delay in performance due to causes beyond its control, including:

- Natural disasters, pandemics, terrorism, labor strikes, internet failures, or governmental actions.

- In such cases, Suppliers are responsible for handling refunds or credits for affected Travel Products.

SP LLC has no financial obligation related to Force Majeure events.

18. Miscellaneous

A. Governing Law & Dispute Resolution

These Terms are governed by Florida law, without reference to conflict of laws principles.

- All disputes must be resolved through binding arbitration in Palm Beach County, Florida, per the rules of the American Arbitration Association.

- No class-action lawsuits are permitted.

- SP LLC may seek injunctive relief in Florida state or federal courts for intellectual property disputes.

B. Entire Agreement & Assignment

- These Terms constitute the entire agreement between you and SP LLC.

- You may not assign these Terms without SP LLC’s written consent.

- SP LLC may assign its rights at any time without notice.

C. No Waiver & Severability

- Failure to enforce any term does not constitute a waiver of future enforcement.

- If any provision is found unenforceable, the remainder of the Terms will still apply.

D. Independent Contractors & No Third-Party Beneficiaries

- You and SP LLC are independent contractors; no partnership, employment, or agency relationship is created.

- There are no third-party beneficiaries under these Terms.

E. Notices

All legal notices must be in writing and sent via:

- Hand delivery – Effective immediately.

- Overnight courier – Effective next business day.

- Certified mail – Effective two business days after mailing.

- Email (hello@safariportal.app) – Effective immediately (except for termination or claims).

F. Electronic Communications & Execution

By using Safari Portal, you:

- Consent to receive electronic communications (emails, texts, etc.).

- Agree that electronic signatures (including checkboxes, clickwrap, DocuSign) are legally binding.

SP LLC may monitor and record customer support calls for training purposes.

G. Marketing & Branding

SP LLC may use your name, logo, and trademarks in marketing materials to identify you as a Safari Portal User.

- You may opt out by submitting a written request to hello@safariportal.app.

H. Survival of Terms

Any provisions that naturally extend beyond termination (e.g., indemnification, liability, dispute resolution) will remain in effect.

I. Contact Us

For questions, legal notices, or support:

📧 support@safariportal.app

📍 Safari Portal LLC, 601 Heritage Drive, Suite 220A, Jupiter, FL 33401, USA