Welcome to Afrofeast!
Afrofeast is owned and operated by 3Men Pty Ltd (Australia) and Afrofeast Company Ltd (Uganda)
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by Afrofeast. Using the website and our services, you agree to be bound by these terms and conditions and our privacy policy.
In these terms and conditions, the words’ website’ refers to the Afrofeast website, ‘we,’ us, ‘our,’ and ‘Afrofeast’ refer to Afrofeast, ‘provider’ refers to the providers of travel activities and services whose services are displayed on the website, and ‘customer’ and ‘user’ refer to you, the user or customer of Afrofeast, including visitors to the website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.
1. ACCEPTANCE OF TERMS
This Agreement sets forth the legally binding terms for using the website and services Afrofeast offers. By accessing and using the website and its services, you agree to abide by the provisions of this Agreement. If you disagree with these terms, you must refrain from using the website and services. We reserve the right to modify this Agreement at any time, and such modifications shall be effective upon posting on the website. By continuing to use the website and services after posting any changes, you agree to be bound by the updated terms; therefore, you must review this Agreement periodically.
Afrofeast reserves the right, in its sole discretion, to refuse to provide services to any user or customer and to modify its eligibility criteria at any time. This provision shall be inapplicable in those jurisdictions where it is prohibited by law, and in such cases, the right to access the website and services will be revoked.
Using the website and services, you represent and warrant that you have full power, authority, and capacity to enter into this Agreement and perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this Agreement.
2. NOTIFICATIONS AND NEWSLETTER
By providing Afrofeast with your email address, you agree that we may use your email address to send you important notifications and communications about our services, news, and unique content. If you do not wish to receive these emails, you may opt out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the emails themselves. This option may prevent you from receiving emails about our services, important news, and unique content.
3. BOOKINGS, VOUCHERS AND CONTRACTUAL RELATIONSHIP WITH THE PROVIDER
By selecting and purchasing a travel activity or service on the Afrofeast website, you are entering into a direct agreement with the service provider. Afrofeast acts as a commercial intermediary on behalf of the provider during this process.
Once the activity or service’s availability has been confirmed, you can add it to your shopping cart by selecting the ‘Add to cart’ option. You will then be asked to complete the necessary information, including the method of payment, by clicking on ‘Checkout.’
By finalizing the order and selecting ‘Pay now,’ you are making a binding offer to enter into an agreement with the provider of the service or activity. This offer will be valid for two working days. After you make your offer, we will send you an automatic confirmation on behalf of the provider, which does not constitute final acceptance of the offer.
Each provider may include terms and conditions, which will be available alongside the activity description. It is essential to review these terms carefully, as they may consist of relevant information such as cancellation policies or other specific conditions. The provider’s terms do not alter your relationship with Afrofeast or our legal rights. In the event of a conflict between the provider’s terms and these terms, the term that is most beneficial to you will prevail.
The offer is deemed accepted when we send you a booking confirmation on behalf of the provider, accompanied by proof of payment and, in some cases, a downloadable or mobile-accessible digital voucher. We reserve the right to accept or reject any offer at our discretion.
The agreement between you and the provider is based on the selected activity (described on the website), these terms, and, where applicable, the provider’s additional terms. Upon receipt of your order confirmation, please ensure that you check that all details provided are correct.
4. INTERMEDIARY STATUS
Afrofeast acts exclusively as an intermediary between the customer and the travel service providers. This implies that we are not the direct providers of the travel services and have no direct control over them. When you book a travel service, your booking is subject to the terms and conditions of the relevant provider (e.g., the terms and conditions of the airline or hotel). You must read them, as they constitute a separate legal agreement between you and the relevant provider.
5. INFORMATION ON THE SERVICES
The travel service providers provide all information regarding travel services, including prices, availability, specifications, photographs, and the like. Afrofeast strives to maintain the accuracy of this information but cannot guarantee that it is free from errors, changes, or updates by the providers.
6. PRICES
The prices of the activities and services shown on our website generally include all taxes and fees applicable at the time of booking. However, on some occasions, it may be necessary to pay additional taxes or charges at the local level, depending on the destination or the regulations in force at that location. Where applicable, these additional costs will be detailed in the activity description so that you are fully informed before booking. It is important to note that Afrofeast or the providers do not always control such local taxes or fees, which may arise upon arrival at the destination.
In addition, prices set by providers may be subject to specific conditions that may affect your booking, such as cancellation policies, refunds, or amendments. These conditions may vary depending on the type of service, activity, or particular offer, so we recommend that you carefully review all terms before confirming your purchase. Some providers may offer lower prices in exchange for a more restrictive cancellation policy or flexible rates that allow you to make changes with fewer penalties. Make sure you fully understand the booking conditions to avoid unwanted surprises.
While Afrofeast strives to provide accurate and up-to-date prices at all times, prices are subject to change based on availability, demand, and any changes the providers may make. As a result, prices may vary until the booking is completed, and Afrofeast cannot guarantee that prices will remain the same. Any price changes will be reflected immediately on the website, and the price confirmed at the end of the transaction will be the price valid for your booking.
7. AVAILABILITY OF BOOKINGS
All travel activities and services bookings are subject to availability at the time of booking. We endeavor to keep our website current, but we do not guarantee that any travel services linked on our website will still be available when booking. During the booking process, the availability of your chosen travel service will be checked instantly, and you will be informed before the final payment process that each travel service is available. If a travel service is unavailable, you can select an alternative travel service before finalizing the booking through payment. If, for any reason, the activity or linked travel service you have booked with one of the providers on our website is unavailable, we will assist you in finding an alternative after completing the payment process.
8. BOOKING CONFIRMATION
Once the customer makes a booking, Afrofeast will send a confirmation on behalf of the service provider. This confirmation is proof that the provider has accepted the customer’s booking. The customer is attempting to check the booking confirmation details and will contact us immediately if any details need to be corrected.
You confirm that all the details you provided when booking (such as names of travelers, identification details, contact details, payment details, and dates) are accurate and complete. Please notify us of any incorrect information you have provided in error. In that case, we will assist you in changing the booking details, although we cannot guarantee that the provider will allow this. In particular, a change of identity by airlines is generally not accepted at all.
The customer is responsible for checking and confirming the dates and details in every email or communication from Afrofeast relating to the travel activity or service.
9. ASSISTANCE DURING THE ACTIVITY
It is your responsibility to arrive punctually at the meeting point provided by the provider. We recommend that you carefully review the provider’s terms and conditions before participating in the activity. If you travel from another country, please ensure you have the necessary documents (e.g., passport, visa, etc.) and meet any health requirements.
No insurance is included in the booking’s cost. You should ensure that you have adequate cover. We strongly suggest you purchase travel insurance, especially if the activity involves outdoor or high-risk sports.
It is essential to clarify that we do not operate tours, hire guides, or set activity safety standards. Providers are independent contractors and are not part of Afrofeast as employees or representatives. Therefore, we assume no liability for actions, errors, omissions, defaults, negligence, or other providers’ conduct or any incidents or damages during your participation in the activity.
Please note that times and deadlines are set according to the provider’s time zone.
10. RIGHTS OF THE PROVIDER
The provider has the right to cancel the activity on the scheduled date without prior notice if external and unforeseeable factors, such as adverse weather conditions, governmental regulations, strikes, or any other circumstances beyond its control (including force majeure events), make the activity impracticable, dangerous or significantly more difficult to carry out. In such cases, the amount paid for the activity booking will be refunded. Any request for additional compensation must be addressed directly to the provider.
The provider may also exclude your participation in the activity in the following cases:
- If you do not comply with the requirements set out on the Afrofeast website.
- If your participation poses a risk to you or others.
- If it disrupts the proper conduct of the activity.
In these scenarios, the booking fee will not be refunded.
In addition, the provider reserves the right to make minor adjustments to the activity program at any time if circumstances require, provided such changes do not significantly alter the experience. This may include changing the starting or meeting point, provided that the new point is accessible by foot or public transport within 15 minutes from the original location. Such a change may be notified up to 24 hours before the start of the activity, and you will be informed via email or the Afrofeast website.
11. COMPLAINTS
Any complaint relating to a travel activity or service booked through Afrofeast must be addressed directly to the provider. However, Afrofeast makes reasonable efforts to facilitate communication between the customer and the provider in the event of a dispute.
12. TRAVEL REQUIREMENTS
You are solely responsible for ensuring that you have all necessary travel documents, including but not limited to passports, visas, permits, driver’s licenses, vaccination certificates, and any other health or immigration requirements for the destination to which you are going. In the case of group travel, each traveler is responsible for having all necessary travel documents for such group travel.
While Afrofeast may provide advice and information on general requirements for travel to specific destinations, this information is subject to change, and we need to guarantee its accuracy and timeliness. The information is general and should not be considered complete or definitive advice.
Travel requirements, such as visas and immigration regulations, may change without notice. The customer is responsible for verifying the latest information with the relevant embassies, consulates, or immigration authorities.
The customer is solely responsible for any consequences resulting from non-compliance or lack of necessary documentation or requirements, including, but not limited to, denial of entry, fines, deportation, or any other additional expenses. The customer is also solely responsible for ensuring that required travel documents such as passports, visas, and driver’s licenses are current and not expired.
13. LIMITATION OF LIABILITY
Afrofeast acts as an intermediary between you and the providers of tourism services, such as airlines, hotels, and tour operators. Our role is to connect customers with providers, but we do not assume direct responsibility for the quality or performance of the services they offer. The correct execution of the booked activities depends exclusively on the providers responsible for providing the contracted services.
Afrofeast is not responsible for any damage, loss, injury, accident, delay, or inconvenience that may arise during the activities or the use of the services booked through our platform. Although we carefully select the providers we work with, any problems or incidents that occur during the service provision must be resolved directly with them. Afrofeast does not guarantee the performance or security of the services offered by third parties.
We endeavor to keep all information on the website as accurate and up-to-date as possible. Still, we do not guarantee that descriptions of services, prices, availability, or other content will always be error-free or accurate. Providers may change the details of their offerings without notice, and Afrofeast is not responsible for these changes or any inaccuracies resulting from them.
In situations beyond our reasonable control, Afrofeast shall not be liable for failures or delays in performing our obligations. This includes, but is not limited to, natural disasters, acts of terrorism, war, labor disputes, or disruptions to transport services. In the event of such events, we cannot offer compensation for any inconvenience that may affect your travel plans.
Customers are responsible for ensuring that they are informed of travel requirements and recommendations provided by the authorities. This includes obtaining the necessary travel documents, such as passports, visas, vaccinations, and insurance. Afrofeast will not be liable for problems resulting from failure to comply with these obligations, such as refusal of entry to a destination or failure to provide adequate cover for unforeseen situations. Customers should take the necessary steps before embarking on their journey to avoid any complications.
14. USER CONTENT
Users may provide and upload content and information through the website. Users retain any copyright or other rights over the content and information they provide through the website. Afrofeast is not responsible for the accuracy, security, or legality of the content published on the website by the users. By providing content and information through the website, the user grants Afrofeast a worldwide, non-exclusive, royalty-free, and fully paid right and license to host, store, transfer, execute, reproduce, and modify the content with the sole purpose of using and showing it within the website and to the public in general.
By providing content through the website, you represent, warrant, and warrant that.
- You own the content you provide through the website, or you have the licenses, rights, consents, and permissions necessary to authorize Afrofeast to publish and display your content on the website.
- Your content does not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right;
- Your content does not defame, libel, slander, libel, or invade the privacy, publicity, or other proprietary rights of any other person;
- Your content does not cause Afrofeast to infringe any law or regulation.
- A reasonable person would not consider your content objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Your content does not contain or will not contain contents that incite hatred, violence, threats of physical harm, or harassment.
Afrofeast will be able, at any time and without previous warning, to filter, eliminate, edit, or block any content that, in our opinion, infringes these conditions or is objectionable for any other reason. Suppose any user or third party notifies us that user content allegedly violates these terms. In that case, we may investigate the allegation and determine in our sole discretion whether to remove the content in question, which we reserve the right to do at any time without notice. You acknowledge and agree that Afrofeast reserves the right to monitor all information transmitted or received through the website and may do so occasionally for operational and other purposes.
15. COPYRIGHT
All content on the Afrofeast website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, Software, and other items, are protected by copyrights, trademarks, and other intellectual property rights owned and controlled by Afrofeast or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Afrofeast are made available for limited, non-commercial, personal use only, except as explicitly provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way or otherwise used by any person or entity without Afrofeast’s prior express written permission. You may not add, delete, distort, or modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Afrofeast or any part of the material for any purpose other than its intended purposes is strictly prohibited.
16. COPYRIGHT INFRINGEMENT
Afrofeast will respond to all inquiries, complaints, and claims relating to alleged infringement or violation of provisions in Australian and international copyright and intellectual property laws and regulations. Afrofeast respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material on the website infringes your copyright or other intellectual property rights, please submit your request via our contact information with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material in sufficient detail so that Afrofeast can find it on the website.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agents, or by law.
- You made a statement under penalty of perjury that the information in your notification is accurate and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner’s behalf.
17. PERSONAL DATA
Any personal information you submit in connection with your use of the website and our services will be used by our privacy policy. You consent to our collection and storage of your personal information by using the website and our services. Could you view our privacy policy?
18. PROHIBITED ACTIVITIES
The following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any content of the services, including but not limited to using any robot, spider, scraper, or other automated means or any manual process for any purpose, not by this Agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures to prevent or limit access to the services.
- Take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services without our express written permission.
- “Frame,” “mirror,” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any Software programs used by Afrofeast in connection with the services.
- Circumvent, disable, or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any content.
19. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, Afrofeast provides and maintains the website on an “as is “and “as available” basis and does not promise that use of the website will be uninterrupted or error-free. We will not be liable to you if we cannot provide the website or our services for any reason beyond our control.
Our website may sometimes contain links to other websites that are not under our control and are not maintained by us. These links are provided for your convenience only, and we are not responsible for the content of those sites.
Except as provided above, we can give no other warranties, conditions, or terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you, and if you use the website in violation of these terms, you will be liable to and will reimburse Afrofeast for any loss or damage caused as a result.
Afrofeast shall not be liable in any amount for any failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer, which are available to you.
Subject to the preceding, to the maximum extent permitted by law, Afrofeast excludes all liability for any loss or damage of any kind whatsoever that may arise, including without limitation any direct, indirect, or consequential loss, whether or not arising out of any problem you notify Afrofeast of. Afrofeast shall have no liability to pay any compensation, including without limitation any liability in connection with:
- Any incorrect information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website service purchased through the
- Any loss or damage resulting from your use or the inability to use the website or from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data, or any other loss that does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious Software that may infect a user’s computer equipment, Software, data, or other property caused by persons accessing or using content from the website or transmissions via emails or attachments received from Afrofeast.
- All representations, warranties, conditions, and other terms which, but for this notice, would have effect.
20. ELECTRONIC COMMUNICATIONS
Afrofeast will accept no liability for failed, partial, or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic, or Internet hardware or Software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet, or traffic congestion or unauthorized human action, including errors or mistakes.
21. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms, and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and customers. In addition, we may terminate our Agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
22. INTEGRATION CLAUSE
This Agreement, the privacy policy, and any other legal notices published by Afrofeast shall constitute the entire Agreement between you and Afrofeast concerning and governing your use of the website and the services.
23. FORCE MAJEURE
Afrofeast shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military officers, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.
24. ARBITRATION
You acknowledge and agree that any dispute, claim, or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation, or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and Afrofeast. Notwithstanding the preceding, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.
In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through arbitration. This process will be conducted before a recognized and respected arbitration entity, selected by mutual Agreement of both parties and following the applicable commercial arbitration rules.
In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join, or participate in class action lawsuits associated with any claim, dispute, or controversy that may arise concerning the use of the website and our services. This commitment promotes a more agile and personalized conflict resolution, favoring arbitration and individual legal actions over class actions.
25. APPLICABLE LAW AND JURISDICTION
Although the website and our services are available globally, these terms and conditions shall be governed by and construed by the laws of Australia and Uganda. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the courts of Australia and Uganda. This applies unless binding arbitration is agreed upon in the relevant section below.
26. FINAL PROVISIONS
Your use of our website and services is conditioned upon your acceptance of and compliance with all the terms and conditions. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Applicable laws and legal processes strictly govern our commitment to compliance with these terms. Significantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.
Suppose a court or competent authority declares any provision of these terms and conditions invalid, illegal, or unenforceable. In that case, such a decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein while at all times protecting and respecting our intellectual property rights and prerogatives.
27. CONTACT INFORMATION
If you have questions or concerns about these terms, please get in touch with us using the contact information below:
Afrofeast
3Men Pty Ltd, 81-83 Campbell Road Surry Hills NSW 2010
Afrofeast Pty Ltd P. O. Box 115858 KAMPALA
Whatsapp: +61433 960 900
Email: afrofeast@gmail.com