Due to legal and other developments, we may be required to amend these Terms from time to time without notice. It is your duty to familiarise yourself with the current version of these Terms when you access or use a Website – the date of last revision will appear at the end of these Terms. Continued use of the Website after any amendments have been effected will constitute your acceptance of these Terms, as amended.
No offer: You should regard nothing contained on this Website as an offer but as an invitation to view our Website and its content.
No warranty: We take reasonable steps to provide accurate information through our Website, but all information viewed or accessed from this Website is provided on an ‘as is’ basis, without any warranty, whether express or implied or as imposed explicitly by law.
Sharing of content: Any content on our Website that is subject to creative commons license, where indicated, may be shared provided that it is given the necessary credit under the provisions of the creative commons license in force from time to time.
Use at own risk: You may only use the information on the Website for personal use. Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. We make no representations or warranties whatsoever as to the accuracy of the information contained on this Website. Any articles, guides or information of any nature provided on this Website is summarised content and may not apply to your particular situation and should therefore not be relied upon solely by you for any purpose.
No warranty on availability: We do not warrant that this Website or the delivery, hosting, and ancillary services or facilities of third party suppliers utilised by us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.
Third party websites
Disclaimer of third party website content: This Website may contain hyperlinks to websites owned and/or operated by third parties. We are not responsible for the content of such websites, nor do we accept any liability in connection with such websites (regardless of whether or not a link has been permitted by us). The fact that a website is linked to this Website does not imply that we sponsor, endorse or approve the contents, or that we are affiliated or associated with the entity that owns or is responsible for such third-party Website.
Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works contained in this Website is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
Limited use: The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. However, we permit you to display the content of this Website on your computer as part of your viewing of the Website only. You must notify us of any copyright infringement at firstname.lastname@example.org.
No other use: No other use of this Website or its content is permitted unless you enter into a license agreement with us. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s website, unless otherwise expressly stated in these Terms
Linking, framing and crawling
Hyperlinking restricted: Our express written permission is required before any hyperlink other than to the home page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these Terms. Requests for permission can be emailed to email@example.com.
Permission: Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.
Framing restricted: Our express written permission, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to firstname.lastname@example.org.
Automated searches restricted: Apart from legitimate search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without our prior written consent.
Acceptable use policy
Introduction: You agree and acknowledge that you will not use the Website in an unlawful manner or in a manner not approved in terms of these Terms. This Acceptable Use Policy (“AUP”) sets out the parameters within which you must make use of the Website and in so doing you agree to be bound by this AUP.
Internet use: You may not use our Website to engage in illegal, abusive or irresponsible behaviour, including:
Security: You must take reasonable security precautions. If applicable, your passwords should consist of at least 8 mixed alpha and numeric characters with case variations. You should not permit a common word to be used as a password. You must protect the confidentiality of your password, not share it with any other person, and you should change your password regularly.
Unsolicited emails: You may not send any unsolicited email, whether of a commercial or non-commercial nature, to any person who has indicated that he does not wish to receive it.
Other networks: You must comply with the rules of any other network you access or participate in using the Website.
Offensive content: Content “published or transmitted” via the Website includes web content, email, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the internet. You may not publish, display or transmit via the Website any content that we reasonably believe:
General prohibitions: You agree to not engage in any of the following activities as a result of your use of the Website:
Consequences of violation of the AUP:
No liability: While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
Prosecution: We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorised access to any page on this Website.
Disclaimer and indemnity
Disclaimer: Subject to applicable law, we expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure. This exclusion of liability will only apply in jurisdictions where the law allows the exclusion and you may also have other rights that vary from jurisdiction to jurisdiction.
Indemnity: You agree to indemnify and hold us, our employees, officers, agents, subcontractors, subsidiaries and affiliates harmless from any demand, action, application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this Website.
This Website is owned and operated by Bushtrails Africa Tours and Safaris with its address at 211 Katazu Street, Okahandja, Namibia.
Advertising and sponsorship
Third party content: This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.
No liability: We accordingly exclude, to the fullest extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
Monitoring and interception of data messages
In order to provide a relevant, efficient and secure service, and where required and permitted under law, we may monitor and/or intercept electronic communications such as email which are sent to this Website. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and interception, and consent to it.
Receipt of data messages
Data messages: Data messages, including email messages, sent by you to us will be deemed to be received only when acknowledged or responded to.
Receipt: A data message sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
Right not to respond: We reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such email where necessary.
Confidentiality: You agree that data messages sent to this Website will not be regarded as confidential unless otherwise agreed in writing.
Arbitration: For any dispute that you may have with Bushtrails arising from these Terms or your use of the Website, you agree to first contact us and attempt to resolve the dispute informally. All disputes shall be referred to mediation and, in the event of mediation failing, arbitration under the arbitration laws and rules applicable in Namibia.
Urgent relief: The a foregoing will not restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate.
Whole agreement: These Terms constitute the whole of the agreement between yourself and Bushtrails in relation to use of and access to the Website, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
Applicable law and jurisdiction: The laws of the Republic of Namibia shall apply to these Terms, their interpretation, and any matter or litigation relating to or arising from them.
Assignment: These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by Bushtrails without restriction.
No Indulgence: If Bushtrails chooses not to enforce any part of these Terms, that does not mean that it cannot do so at a later time.
Severability: In the event that any part of these Terms is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of these Terms.
Broken Links: Notwithstanding the fact that hyperlinks in these Terms to certain documents should be deemed part of these Terms, the fact that some or all of the hyperlinks may be non-operational will not play a role in determination of the validity and interpretation of these Terms.
Date of last amendment: 14th September 2021