Tour Terms & Conditions

Please download a copy of our terms & conditions here: Terms & Conditions PDF

Roof of Africa Tours (Pty) Ltd. shall not be liable for any loss, damage or expense of any nature whatsoever suffered by the client of any traveller or delegate arising from:
• the cancellation or curtailment of any tour, accommodation or conference
• the loss or any damage to any property
• sickness, quarantine, weather conditions, war, strikes, riots and/or any other cause of any nature
whatsoever, however caused and whether as a result of Roof of Africa Tours (Pty) Ltd.
negligence or otherwise

No refund or credit will be granted for travellers that:
• fail to join a tour, OR
• join the tour after departure date, OR
• leave the tour prior to completion date

No refund or credit will be granted for delegates that:
• fail to join a conference – including events, symposiums, workshops, conventions, launches,
exhibitions or functions
• participate at the conference for fewer days than confirmed on the reservation
No refund or credit will be granted for travellers that:
• fail to arrive at the hotel/s or accommodation establishment/s
• arrive at the hotel 1 day or more later
• leave the hotel or accommodation establishment 1 or more days early
Roof of Africa Tours (Pty) Ltd. accepts no liability for the death of, or injury to, loss and/or damage to, any person
and/or property arising out of any act or omission of Roof of Africa Tours (Pty) Ltd., the supplier any staff or agent of
Roof of Africa Tours (Pty) Ltd. or a supplier, whether as a result of negligence or otherwise. The client and the
traveller/delegate shall be deemed to have waived, renounced and abandoned any and all rights and entitlements to
which the client and the traveller/delegate may be entitled under the provisions of the law of the Republic of South
Africa for any loss or damage to person and/or property.

Should sickness or accident interrupt a tour or conference, or accommodation, Roof of Africa Tours (Pty) Ltd. shall
not be liable for any:
• loss, damage or expense arising there from, whether as a result of Roof of Africa Tours (Pty) Ltd.
negligence or otherwise, and
• refund, either total or partial, of money paid. Roof of Africa Tours (Pty) Ltd. recommend that the
client advises travellers/delegates to take out the necessary insurance to protect against any
such eventuality.
Travellers/delegates may not carry any unlawful firearms, articles or substances whilst travelling with Roof of Africa
Tours (Pty) Ltd., whether on a tour or a transfer, participating in a conference, or staying at a hotel or accommodation
establishment. Should any traveller/delegate contravene the aforesaid prohibitions, Roof of Africa Tours (Pty) Ltd.
will be entitled to immediately exclude the offender from the tour/conference/accommodation and such
traveller/delegate will be responsible for his or her own repatriation and all costs associated therewith. Roof of Africa
Tours (Pty) Ltd. will under no circumstance assist any such offender in any dealings or negotiations with any
authority.
Travellers/delegates shall be solely responsible for complying with the formalities required by police, customs, health
and all other authorities at the point of departure, at the destination and whilst in transit. Whilst Roof of Africa Tours
(Pty) Ltd. will endeavour to provide the client, prior to departure, with the latest information concerning such
regulations and restrictions. Roof of Africa Tours (Pty) Ltd. shall not be responsible and does not accept any liability
for any inaccuracies or omissions in this regard.
Roof of Africa Tours (Pty) Ltd. reserves the right to decline to accept or retain any traveller/delegate as a member of
any group, conference, or on any tour or transfer at any time as the result of the non-payment of any amount due by
the client in respect of such traveller/delegate or if such traveller/delegate interferes with any other member of any
group and/or causes any disturbance or nuisance.
Should Roof of Africa Tours (Pty) Ltd. appoint a tour leader or tourist guide in respect of any tour or transfer, the
traveller/delegate must accept all reasonable instructions of such tour leader or tourist guide.
All information contained in Roof of Africa Tours (Pty) Ltd. brochures/CD-Roms/web sites/itineraries and price inserts
are to the best of Roof of Africa Tours (Pty) Ltd. knowledge and belief, true and correct, but Roof of Africa Tours (Pty)
Ltd. accepts no liability for any inaccuracies contained therein.

Roof of Africa Tours (Pty) Ltd. shall not be held responsible for any errors in printed matter, brochures, CD-ROMs or
websites representing:
• hotels, lodges, guest houses, bed & breakfasts and any other accommodation establishments
• conference, function, convention and any other meeting venues
• day tours, overland tours, special interest tours, scheduled tours, spouse programmes, incentive
tours or any other tours.
All travel arrangements such as reservation of hotel/lodge/guest house accommodation, flight bookings, tour
reservations, conference/function venue reservations, reservation of motor transport and the like, made by Roof of
Africa Tours (Pty) Ltd. are subject to the booking conditions and cancellation provisions of the supplier thereof.
Roof of Africa Tours (Pty) Ltd. reserves the right to alter or substitute routes, tours, accommodation,
conference/function venues, refreshments, meals, itineraries, services, vehicles and/or arrangement should
conditions necessitate. Roof of Africa Tours (Pty) Ltd. will offer substitutes of equal value and will inform the client of
any known changes before departure.

Airlines
Cancellation and refunds:
• In the event of cancellation or failure for any reason whatsoever to use confirmed space, as
ticketed, a minimum of 25% (twenty five percent) of the applicable airfare will be forfeited. A
change of reservation will attract a penalty. Extension of ticket validity is not permitted, save
when a passenger is hospitalized due to severe illness or in the event of death of a member of
the passenger’s immediate family.

Booking conditions and responsibilities:
• All airfare reservations are arranged subject to the conditions imposed by the respective airline
• It is the responsibility of the client to ensure that the traveller/delegate has at the very least one
‘empty’ page in their passport. Should this be ignored, the traveller/delegate will be sent back to
their country of origin upon arrival at ORTIA, without permission to enter the country.
It is strongly recommended that all clients take out comprehensive travel insurance including full medical cover, as
well as cancellation and curtailment cover.
Luggage must be clearly marked. One standard set of luggage, comprising one suitcase and one overnight bag per
person is allowed.
If in the opinion of Roof of Africa Tours (Pty) Ltd. the fulfilment of any tour, incentive or conference, or
accommodation is considered impossible, illegal, or if in Roof of Africa Tours (Pty) Ltd. opinion inadvisable because
of weather conditions, avalanches, volcanic activity, strikes, war, government interference and/or any other cause not
arising from Roof of Africa Tours (Pty) Ltd. negligence, Roof of Africa Tours (Pty) Ltd. may at any time cancel such a
tour, incentive or conference, or accommodation, or what remains of it or make alterations in the route,
accommodation, price and/or any other aspect thereof as it thinks fit, and any losses and expenses resulting from
such cancellation or alteration shall be borne by the client.
In accordance with South African law and International practice, smoking is prohibited on vehicles at all times. The
tourist guide or the driver will ensure that sufficient comfort stops are made to enable travellers to smoke outside.
Roof of Africa Tours (Pty) Ltd. reserve the right to use smaller vehicles on its scheduled tours, day tours, overland
tours or transfers should the number of passengers participating reduce sufficiently to warrant this.
Roof of Africa Tours (Pty) Ltd. reserve the right to utilize the services of sub-contractors for tour, conference,
transport, accommodation and travel services.
Accommodation is as specified in the tour itinerary, brochure or website. The use of specific accommodation is
subject to availability. Roof of Africa Tours (Pty) Ltd. reserve the right to make use of alternative accommodation.
Roof of Africa Tours (Pty) Ltd. has no direct day to day control over its suppliers. Accordingly Roof of Africa Tours
(Pty) Ltd. accepts no responsibility for any injury, damage, loss, accident, delay, irregularity and/or inconvenience
which may be occasioned by any defect in any object (including a vehicle) utilized by any supplier for the supply of
any service or by an act or omission o any supplier or its servants or agents.
Roof of Africa Tours (Pty) Ltd. cannot be held responsible for errors caused by hotels/lodges/guest houses or any
accommodation establishment in double booking/over booking rooms. The onus is on accommodation
establishments to ensure that reservations that are confirmed in writing to Roof of Africa Tours (Pty) Ltd., or for which
the accommodation establishment has received a deposit or full pre payment for services are honoured. Any
inconveniences caused to the traveller or delegate must be compensated for by the accommodation establishment in
error.
Prices are subject to change without prior notice. Prices are also subject to adjustment in the event of changes in
government imposed taxes, fuel prices, air fares, hotel charges, tourism levies and/or the introduction of national,
regional or local taxes or levies of whatever nature.
Quotations are valid only to the expiry date stated on the quotation and are subject to adjustment if the services
quoted for are not available at the time of booking. Quotations are based on itineraries and requirements specified
by the customer. Upon acceptance of the quotation, any changes requested by the customer which incur additional
costs will be charged to the customer. Acceptance of the quotation will be regarded as acceptance of Roof of Africa
Tours (Pty) Ltd. Terms and Conditions of Business.
Payment shall be made in all instances (by account holders and non-account holders) in the currency in which the
quotation was accepted or in which the invoice is made out. All payments shall be made to Roof of Africa Tours (Pty)
Ltd. free of deductions or set off of any nature whatsoever, at such place and in such manner as Roof of Africa Tours
(Pty) Ltd. may authorize from time to time in writing. Bank charges are the responsibility of the transferor.
Should any amount not be paid on due date, then the client shall be liable to pay Roof of Africa Tours (Pty) Ltd.
interest on all such amounts calculated from the due date until payment at the prime bank overdraft rate.
Payment in approved foreign currency will be accepted at the rate of exchange applied by the bankers of Roof of
Africa Tours (Pty) Ltd. at the time of receipt of payment. Any shortfall resulting from exchange rate fluctuations will
be for the account of the passenger.
If the client makes a booking on behalf of any party, the client warrants to Roof of Africa Tours (Pty) Ltd. that the
client is authorized by such traveller/delegate to make reservations on behalf of such traveller/delegate and is acting
as such traveller’s/delegate’s agent and in so doing, binds such party to these conditions. Upon the reservation being
accepted and confirmed by Roof of Africa Tours (Pty) Ltd., the client warrants that the traveller/delegate has been
informed of and is bound by the terms and conditions set out herein. The client indemnifies and holds Roof of Africa
Tours (Pty) Ltd. harmless against all claims for damage, loss and injury which any traveller/delegate may claim
against Roof of Africa Tours (Pty) Ltd. if such claim is excluded in terms hereof.
Provisional reservations held by Roof of Africa Tours (Pty) Ltd. on behalf of the client/traveller or delegate will be
released if no confirmation in writing has been received by the client/traveller/delegate by the “confirm by date”, or if
no deposit has been received.
When requested by Roof of Africa Tours (Pty) Ltd., the client/traveller/delegate shall pay a deposit to Roof of Africa
Tours (Pty) Ltd. to secure certain services.

The standard deposit requirements as a percentage of the total booking value are as follows:
* 13 months and over prior to travel 1%
* 12 months prior to travel 5%
* 8 months prior to travel 10%
* 6 months prior to travel 30%
* 3 months prior to travel 50%
* 1 month prior to travel 100%
Roof of Africa Tours (Pty) Ltd. reserves the right to change the standard deposit requirements, to be recorded in
writing, on a separate contract between the client and Roof of Africa Tours (Pty) Ltd. and to be agreed upon and
signed by both parties. The percentage deposit required of the total booking value will be determined according to
the specific services required and the number of years, months or days prior to travel.
All cancellations must be made in writing to Roof of Africa Tours (Pty) Ltd.. Roof of Africa Tours (Pty) Ltd. will reply
back in writing to the client/traveller/delegate that the reservation has been cancelled.
Should a reservation be cancelled by the client, traveller or delegate, cancellations fees will be due and payable as a
percentage of the total booking value.

The standard cancellation fees as a percentage of the total booking value are as follows:
* 6-12 months prior to travel date 1%
* 3 months or more prior to travel date 5%
* 30 days prior to travel date 10%
* 21-29 days prior to travel date 25%
* 14-20 days prior to travel date 50%
* 7-13 days prior to travel date 75%
* less than 7 days prior to travel date 100%
Roof of Africa Tours (Pty) Ltd. reserve the right to change the standard cancellation fees according to the client’s
specific reservation, to be recorded in writing on a separate contract between the client and Roof of Africa Tours (Pty)
Ltd., and to be agreed upon and signed by both parties. The percentage cancellation fee will be assessed according
to the terms and conditions for cancellation.
In all matters where it is or may be necessary to have recourse to the court, the court of the Republic of South Africa
shall have sole jurisdiction to the exclusion of the courts of any other country and the prevailing law of the Republic of
South Africa shall prevail.
Roof of Africa Tours (Pty) Ltd. shall not be bound by any representation, warranty, promise or the like not recorded
herein or agreed to by in writing. No representation, term, warranty or condition express or implied shall be
considered to be or to have been made or agreed or implied by reference to any other writing, advertisement or
conversation.
No indulgence which Roof of Africa Tours (Pty) Ltd. may grant to any party shall constitute a waiver of any of the
rights of Roof of Africa Tours (Pty) Ltd. who shall not thereby be precluded from exercising any rights against the
client and/or the traveller and/or the delegate which may have arisen in the past or which might arise in the future.
No addition to, variation, or agreed cancellation of these conditions shall be of any force or effect unless in writing
and signed by or on behalf of any cc member of Roof of Africa Tours (Pty) Ltd.

Terms and Conditions for the use of this site

We, the Operators of this Website, provide it as a public service to our users.

Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.

The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.

These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Operators with respect to the Website. Any rights not expressly granted herein are reserved.

Permitted and Prohibited Uses

You may use the the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.

You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.

You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.

The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.

User Submissions

The Operators do not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post (“Contributions”) to the Website will be considered non-confidential.

All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, including the Operators.

If you work for a company or at a University, it’s likely that you’re not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.

User Discussion Lists and Forums

The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the the Website at their discretion at any time.

Use of Personally Identifiable Information

Information submitted to the Website is governed according to the Operators’s current Privacy Policy and the stated license of this website.

You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.

Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you may need to sign on as a guest or register as a member. If you create an account on the Website, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or User ID. You grant the Operators and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. The Operators cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

Termination

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.

WARRANTY DISCLAIMER

THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.

IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE OPERATORS’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

General

The Website is hosted in the United States. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of the Website must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

Links to Other Materials

The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Notification Of Possible Copyright Infringement

In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us.