Safari Portal LLC
Platform Terms & Conditions of Use
Revised as of June 14, 2024
These Terms of Service ("Terms") govern your access to and use of any website, service, technology, platform, channel or any other products or features owned, operated, branded or offered by Safari Portal LLC (“Safari Portal”), except where we expressly state that separate terms (and not these) apply. For the purposes of these Terms, “we” or “us” refers to the Safari Portal LLC.
By registering for, accessing, browsing, and/or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, do not access, browse or otherwise use the Services.
Geographic Scope
The Platform may be viewed throughout the United States as well as internationally, and may contain references to services not available in all states of the United States or in all countries. References to a particular service does not imply that we intend to make such services available in such states or countries. No warranty or representation is given that a particular product or service will be available for all Platform visitors.
Services Descriptions
We offer the Platform which enables you to create interactive digital itineraries, as described in more detail on the Platform.
We offer several different Account types. If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.
For a Travel Agent:
You can register for an Account to use the Services as a Travel Agent (an “Agent Account”). You shall be solely responsible for all activity under your Agent Account.
Travel Agents using the Itinerary Builder feature are solely responsible for the content and accuracy of the itineraries they create and share. Travel Agents are advised to verify the information and ensure its accuracy before sharing it with others via the Platform.
The Platform may enable you to customize the Services by using, storing or sharing data, such as guest information, or content in any of your libraries. By doing so, you grant us a non-exclusive, worldwide, royalty-free, and fully paid-up license to host such data and content for the purpose of providing Services to you. Safari Portal accepts no liability for anything which you or Users may create within the Platform under a Travel Agent Account.
We do not provide, own or control any of the travel services and products that you can access through the Safari Portal database, such as flights, accommodations, packages, or travel insurance (“Travel Products”). The Travel Products are owned, controlled or made available by third parties (“Suppliers”). The Suppliers are responsible for the Travel Products, and their terms and privacy policies apply to your booking. Please note that your interaction with any Supplier found or accessed through our Platform is at your own risk. We do not bear any responsibility should anything go wrong with booking or otherwise using the Travel Products.
You agree that the Services are purely a software platform and we are not responsible either for incorrect, inaccurate, or incomplete information in content from the Safari Portal database or Travel Products.
Safari Portal LLC has the right, but not the obligation, to monitor and edit or remove any content from the Safari Portal database.
For a Traveler:
Safari Portal is not responsible for the offering, performance, or procurement of Travel Agent services. Safari Portal assumes no liability for any errors, omissions, or discrepancies in itineraries created by your Travel Agent.
You may access the Platform through a lookbook, itinerary, or Guest Portal created by a Travel Agent Account. These contain content and information that is organized, managed, created and shared by your designated Travel Agent. Safari Portal disclaims any responsibility for the accuracy, completeness, or suitability of such content. You use the Platform at your own discretion and risk.
Travelers are also able to make use of the Travel Portal mobile app, with Terms of Service found here.
For a Supplier:
You can register for an Account to use the Platform as a Supplier for the purpose of sharing information about your products/services (a “Supplier Account”). By doing so, you agree that your products/services may be added to the Safari Portal database. We attempt to be as accurate as possible in describing the Services offered; however, we do not warrant that the service descriptions or other content of this Platform is accurate, complete, reliable, current, or error-free.
Provisions of Services
Subject to the payment of the fees in a timely manner, Safari Portal grants to you a non-exclusive, non-transferable right to use the Services in accordance with these Terms.
The Services are provided on a subscription membership basis. At the end of the Subscription Membership Period, your subscription membership shall automatically renew for another subscription membership period and shall continue to do so until terminated in accordance with the provisions of these Terms.
Access to the Services is limited to the scope set forth in any document or URL produced by Safari Portal describing the Services being purchased (“Usage Limits“) and expressly forbids users to create itineraries using the platform and sell them to other agents or partners without prior written consent. If your use exceeds Usage Limits, Safari Portal will charge additional fees based on its current pricing. You shall notify Safari Portal in writing of any increase in the permitted number of Users, and Safari Portal reserves the right to adjust the fees proportionally in response to such an increase. You acknowledge and agree that we may use technical or other measures to enforce Usage Limits.
Fees
The amount /or rates of the Fees shall be set out on the Platform or, where applicable, the Quotation.
The amount of each Subscription Membership Fee renewal will be billed to the credit card or other payment method you authorize for the initial subscription membership purchase, and your card will be billed on the day subscription membership renews. Safari Portal provides invoices and receipts for such periodic payments. Users can access and download their invoices and receipts directly from their account settings. The cost of a Subscription membership is disclosed at the time you sign up for a membership, and the fees are nonrefundable. To prevent the automatic renewal of Subscription Membership Fee, you must cancel Subscription Membership before the next subscription membership fee is charged. If you cancel your Account, your Subscription Membership will not be renewed and will expire at the end of the current Subscription Membership Period; any URL’s created using the Platform will become inactive at the end of the Subscription Membership Period and you will no longer have access to your dashboards.
If Safari Portal is unable to process payment for a Subscription Membership Fee renewal, the subscription membership will not be renewed and will expire.
You shall be charged Customisations Fees in advance of the development of any requested Platform Customisations as agreed between you and Safari Portal or set out in a Quotation.
Payment of Fees
If you wish to purchase any service made available through the Platform (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
By submitting such information, you grant to Safari Portal the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Safari Portal or our agents may call or text by telephone, zoom or similar, regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
If there are changes to the subscription membership fees or any issues with payment methods that can't be resolved, Safari Portal will inform you via the email linked to your Account. You won't be charged until the issue is resolved, which could lead to the Subscription Membership being canceled or expiring.
General Use
If you use the Platform, you are responsible for maintaining the confidentiality of your personal information, for restricting access to your computer, and you agree to accept responsibility for all activities that occur when accessing our Platform via your computer. As a condition of your access to and use of the Platform, you agree that you will comply with all applicable laws and regulations.
You agree to use the Platform solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, compile or otherwise use any Platform content for the purposes of operating a business that competes with Safari Portal LLC, or otherwise commercially exploiting the Platform content, (b) you will not promote or conduct any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability.
You agree further not to undertake any action to undermine the integrity of our computer systems or networks and/or attempt to gain unauthorized access to such computer systems or networks. The use of this Platform is at the discretion of Safari Portal LLC; and Safari Portal LLC may terminate your use of this Platform at any time.
Accounts
Certain services offered by the Platform may require you to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”).
You may never use another party’s Account and sharing user seats is strictly prohibited without obtaining Safari Portal’s express written authorization.
You agree that all information which you provide through the Platform in connection with creating your User Account or otherwise is current, accurate and complete.
You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping Login Information secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account.
We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account.
Intellectual Property
All Services, the Platform (including Platform Customisations), materials, trade names and trademarks are proprietary to Safari Portal or its licensors. All right, title and interest, including all Intellectual Property Rights, in and to the Services, Platform, materials, trade names and trademarks are owned by Safari Portal and its licensors.
Your use of the same, and any parts or elements thereof, does not grant to it any ownership right or Intellectual Property Rights whatsoever other than a license as expressly set out in these Terms.
Nothing in this Terms is intended to transfer any such Intellectual Property Rights without our express, written consent.
Your Content
Portions or features of the Platform may allow you to utilize, supply or otherwise share content or other information to the Platform.
You further warrant and agree that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any information you share; (b) any information that you share does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you will indemnify Safari Portal LLC against any claim(s) resulting from content you share.
Links
These Terms apply only to this Platform, and not to the Platforms of any other person or entity. We may provide links to other Platforms or resources (such as, but not limited to, Facebook, Twitter, Instagram, Venmo, YouTube, and LinkedIn). You acknowledge and agree that we are not responsible for the availability of such external Platforms or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other Platforms or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, or other resources available from any other Platform (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other Platforms to that Platform’s administrator.
Termination
Safari Portal LLC reserves the right to monitor use of this Platform to determine compliance with these Terms, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Safari Portal LLC reserves the right to terminate your access to any or all of the Safari Portal Services at any time due to non-compliance with any of these terms.
You agree that Safari Portal LLC may, on good cause and without prior notice, immediately terminate, limit your access to or suspend your Safari Portal Account and access to the Safari Portal Services.
Good cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, and/or (f) nonpayment of any fees owed by you in connection with the Safari Portal Services.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Safari Portal’s sole discretion and that Safari Portal LLC shall not be liable to you or any third party for any termination of your account, or access to the Safari Portal Services.
Termination of your account includes, but is not limited to, any or all of the following: (a) removal of access to all or part of the offerings within the Safari Portal services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Safari Portal services.
Copyright Complaints
We respect the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Safari Portal LLC as specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Platform;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to us at Safari Portal LLC, 1691 Forum Pl, B #284, West Palm Beach, FL 33401, USA.
Please note that this procedure is exclusively for notifying us that your copyrighted material may have been infringed. All intellectual property infringement claims shall be made under penalty of perjury.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
Disclaimers and Warranties
THE INFORMATION ON THE PLATFORM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF PLATFORM AND SERVICES IS AT YOUR SOLE RISK. SAFARI PORTAL LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.
Safari Portal LLC makes no representations as to the completeness or accuracy of the Platform or services and other information, advice or recommendations made available on the Platform, nor does it make any representations or warranties as to the quality or safety of any Travel Products. All features, content, specifications and prices of Travel Products and services described on the Platform are subject to change without notice. The inclusion of any Travel Product or service at a particular time does not imply or warrant that such Travel Product or service will be available at any time.
The testimonials, reviews, comments, and client satisfaction stories herein provided on the Platform reflect the real life experiences of individuals and businesses who used our services. However, individual results may vary. Please keep in mind that we cannot guarantee particular results for future clients based on successes and satisfaction of past clients. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and client success stories are not necessarily representative of what anyone else using our services may experience.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Indemnification
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (“Claims”), made by any third party due to or arising out of your use of the Platform and services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or data you uploaded to the Platform. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SAFARI PORTAL LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, YOUR PLATFORM OR SERVICES USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any liability we have to you in connection with these Terms, under any cause of action or theory is limited to the amount paid to us by you in the 12 (twelve) month period immediately prior to the time such cause of action accrued.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
Cooperation with Law Enforcement or Legal Proceeding
We reserve the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Safari Portal LLC may disclose any communications or contact information provided to us, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
We shall not be liable for damage that results arising from such disclosure, and you agree not to bring any action or claim against us for such disclosure.
Governing Law
You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms, and any dispute of any sort that might arise between you and Safari Portal LLC.
Disputes
Any dispute relating in any way to your visit to the Platform shall be submitted to confidential binding arbitration in Palm Beach County, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, Safari Portal LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to the exclusive jurisdiction and venue in such courts.
Arbitration under the Terms of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Electronic Communications
When you contact us through the Platform, or send an email to an address located on the Platform, you are communicating with us electronically. You consent to receive a response from us electronically. We may communicate with you by email or by posting notices on the Platform. For example, you acknowledge and agree that we may amend these terms and conditions at any time by posting the amended and restated terms on the Platform. By continuing to use the Platform, you agree that the amended Terms will apply to you.
Platform Policies, Modification, and Severability
As noted above, you are encouraged and advised to review the Terms of Service and Privacy Policy posted on the Platform. These policies govern your visit to the Platform. By using the Platform, you agree to be bound by and to abide by these policies, just as if you had signed an agreement.
We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Platform and Terms of Service at any time. You should check these Terms of Service periodically for changes.
By using the Platform after we post any changes to the Terms of Service, you agree to accept those changes, regardless of whether you have reviewed them.
If any of these Terms of Service is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.
Our decision not to enforce any right or decision not to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches.
We shall have the right to assign these Terms. You may not assign, in whole or part, the Terms to any person or entity. This constitutes the entire agreement between you and Safari Portal LLC and governs your use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
Definitions
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Customisation Fee” means the fee for delivering any Platform Customizations or content creation requested by you;
“Fee” means the Customisation Fee, Subscription Membership Fee for providing the Services at the rates set out at the Platform or as otherwise agreed between you and Safari Portal;
“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world;
“Platform” means the software platform known as “Safari Portal” that is owned and operated by Safari Portal LLC, and that will be made available to you as a service under the Terms;
“Platform Customisations” means any customisations of, or changes to, the Platform which we implement;
“Services” means all the services, Platform, tools, information provided or to be provided by Safari Portal to you under the Terms.
“Quotation” means a quotation (or any other written document including e-mail) agreed between you and Safari Portal which sets out the details of Services to be provided under the Terms;
“Subscription Membership Fee” means the fee payable for using the activated Account and to enable access to the Platform and Services at the rates set out on the Platform or as otherwise agreed between you and Safari Portal;
“Subscription Membership Period” means the period for which a subscription has been purchased for use of any of the Services;
“User / Users” means a natural person granted with the authorization to use the Account.