Safari Soles Tours

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Wildlife Safaris by

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Overview

Safari Soles is a Tanzanian owned and operated tour company providing personalized and direct service to Mt. Kilimanjaro and Tanzania’s National Parks. We give you ‘big tour operator’ service at a personal and affordable level with daily departures on all Kilimanjaro routes and safari destinations. Safari Soles Tours aims to help our visitors understand the true nature of Africa and the African people, while helping the local communities to feel proud of their culture and traditions and to economically thrive.

Table Of Contents
1	INTERPRETATION	1
2	COMMENCEMENT AND DURATION	6
3	MUTUAL APPOINTMENT	6
4	THE SERVICES & ACCOUNT TYPES	6
5	OBLIGATIONS OF THE PARTIES	7
6	SUBSCRIPTION FEES, REFERRALS & COMMISSIONS	9
7	LICENSING, REGISTRATION AND COMPLIANCE	11
8	COMPLAINTS	11
9	ADVERTISING & IP	12
10	CONFIDENTIALITY	12
11	NON-CIRCUMVENTION	13
12	TERMINATION	13
13	DATA PROTECTION	14
14	LIMITATION OF LIABILITY	16
15	OTHER	17
16	BREXIT	19

“Agreed Purposes”:	the collaboration by both Parties in order to maximise the benefits to each flowing from the Appointments made pursuant to clause 3 and the Services and the Safari Deal Platform at the heart of this Agreement;
“Business Day”:	a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
“Brexit”:	the United Kingdom (UK) ceasing to be a member state of the European Union and ceasing to be subject to any transitional arrangements which substantively treat the UK as a member state of the European Union;
“Commission”	A form of direct commission which is not a Platform Enquiry or an Other Enquiry which results in an actual sale, benefit-in-kind or other forms of business enjoyed by a Travel Partner as a result of Safari Deal’s introduction or referral to the Travel Partner.
“Complaint”	means any oral or written expression of dissatisfaction, whether justified or not, from or on behalf of a Customer or Prospective Customer, about any product or service offered or provided by an Safari Deal or Travel Partner as the case may be which has resulted in any loss, distress or material inconvenience to the Customer or Prospective Customer;
“Confidential Information”	means all knowledge and information relating to the trade, business, activities, operations, organisation, finances, processes, dealings, specifications, methods, designs, formulae and technology of and concerning the Parties, including but not limited to any exchange of information written or oral, involving financial information, personal or corporate names, contracts initiated by or involving the Parties, and any addition, renewal, extension, roll-over, amendment, renegotiation, or new agreement thereof;
“Control”	has the meaning set out in section 1124 of the Corporation Tax Act 2010;
“Customer”	means any customer or prospective customer of the Travel Partner who is deemed to accept the Safari Deal Terms of Use and makes a Platform Enquiry;
“Data Protection Law”	means (i) the Data Protection Act 2018 or any successor legislation in the UK (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulations (for so long as and to the extent that the law of the European Union has legal or equivalent effect in the UK or equivalent legislation in the UK after Brexit) which apply to a Party relating to the use of personal data (including, without limitation, the privacy of electronic communications) and (iii) any corresponding or relevant data protection laws applicable in the jurisdiction where the Travel Partner is domiciled or wishes to provides its products and services;
“Effective Date”	the date upon which the last of the parties to this Agreement signs it;
“Force Majeure Event”	has the meaning ascribed in clause 15;
“Intellectual Property Rights\|”	all vested contingent and future intellectual property rights including but not limited to goodwill, reputation, rights in confidential information, copyright, Marks, service marks, devices, plans, models, diagrams, specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights (whether registered or unregistered) and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created;
“Law”	means any applicable Act of Parliament in the UK (as amended, extended or re-enacted), subordinate legislation, regulatory policy, industry code, guidance or requirements applicable to the relevant Party including applicable foreign laws and laws relevant to a particular Travel Partner with respect to the conduct of its business in the jurisdiction(s) in which it is marketing products or services via the Safari Deal Platform;
“Marks”	means any logo, trading name, registered company name or other brand or company identification mark whether registered as a trademark or not;
“Material Breach”	means any significant default, failure or breach of a term whether through an act or an omission as judged to be so by Safari Deal acting reasonably;
“Other Enquiry”	an introduction made in the form of a formal enquiry made via phone, messaging service or email outside of and unconnected to a Platform Enquiry but nevertheless attributable primarily to Safari Deal’s introduction-services or other efforts to direct a Safari Deal Customer to the Travel Partner
“Permitted Recipients”	the parties to this Agreement, the employees of each Party, any third parties engaged by a Party to perform obligations in connection with this Agreement and their successors and assigns in each case;
“Platform Enquiry”	an introduction made in the form of a formal enquiry made or submitted by a Safari Deal Customer to the Travel Partner through the Safari Deal Platform (per enquiry);
“Referral Fee”	means any sum payable for the following: (i) Platform Enquiries – each formal enquiry made or submitted by a Safari Deal Customer to the Travel Partner through the Safari Deal Platform (per enquiry) (a “Platform Enquiry”), (ii) Other Enquiries – each formal enquiry made via phone, messaging service or email outside of and unconnected to a Platform Enquiry but nevertheless attributable primarily to Safari Deal’s introduction-services or other efforts to direct a Safari Deal Customer to the Travel Partner (an “Other Enquiry”); in both cases as set out using formulae provided in clause 6.2
“Relevant Advertising”	means any publicly displayed information or communication distributed or uploaded by either Party in connection to or pursuant to the Agreed Purposes and this Agreement including any: (a) letters, text messages, posts, social media content or e-mails;(b) webpages; and/or(c) text or image-based advertisements procured or placed by either Party;
“Services”	means the range of customer services, marketing, travel partner support, back-office and any other services which are incidental or ancillary to providing the Safari Deal Platform;
“Shared Personal Data”	the personal data to be shared between the parties under this Agreement. Shared Personal Data shall be confined to contact information, locational information and other basic identifiers of living individuals connected to, coming from or representative of a Customer or Safari Deal or XXXX Ltd;
“Safari Deal Customer”	means an individual user of the Safari Deal Platform or related services (such as advice or recommendation provided outside the Safari Deal Platform as the case may be) irrespective as to whether that individual has personally accessed the Safari Deal Platform or whether he or she is represented by another person or persons or club or group for the purpose of making travel plans;
“Subscription Fee”	means a subscription fee due and payable by a Travel Partner to Safari Deal in respect of the type of account held by the Travel Partner for the Safari Deal Platform – this will be informed by the level of services being supplied by Safari Deal and the grade of membership applied for, ranging from free (£0) for a basic account up to [£30 plus VAT] for a premium account;
“Travel Partner”	means any third Party engaged in the provision of safaris, tours, holiday packages, or itineraries or services associated with these and who registers as either a travel partner or itinerary partner with Safari Deal;

SIGNED by TRAVEL PARTNER acting by its authorised signatories	………………………………………………………. SIGNED Authorised signatory/ Director……………………………………………………….
	PRINTED Name ………………………………………………………. 2nd Authorised signatory/ Witness ………………………………………………………. Name & Occupation & Address:
SIGNED by SAFARI DEAL LIMITED acting by two directors	……………………………………………………. Robin Cormack, Director 4 Deepdene Vale, Dorking, RH41NL, UK ……………………………………………………….
	………………………………………………………. 2nd Authorised Signatory or Witness ………………………………………………………. Clare Cormack – Director 4 Deepdene Vale, Dorking, RH41NL, UK

Safari Soles Tours

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Wildlife Safaris by

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Overview

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