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The website, https://www.tovitovi.com/ is fully owned and operated by
ToviTovi Pvt Ltd
Suite #809,
Bazaar Plaza,
Moi Avenue Road,
Nairobi, Kenya
We are referring to the above company by the brand name “ToviTovi” in the rest of this document. However, all legal interactions and notices with regards to the website https://www.tovitovi.com/ are to be with ToviTovi Pvt Ltd, Kenya, which is the sole owner of this website.
The word “Company” or “Our” or “Us” or “ToviTovi” in this agreement collectively refers to ToviTovi Pvt Ltd. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
BY BOOKING ANY TOUR WITH US OR BUYING ANY PRODUCT FROM US, Users (hereinafter referred to as “You” or “Your”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU MAKE ANY SUBMISSION ON THE WEBSITE, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREUNDER.
Our website serves as an online platform for managing and organising various excursions, including photography tours, customised tours, and group tours, as well as facilitating the sale of various products. Please carefully review both these Terms and our Privacy Policy, available at tovitovi.com/privacy-policy, as they are integral parts of this agreement. If you do not agree to these terms, you are not authorised to use the site. Violating these terms may result in civil and criminal penalties, including the recovery of costs, collection charges, and legal fees. We reserve the right to take legal action against individuals engaging in fraudulent or unlawful activities on the site.
The use of this website indicates your consent to and acceptance of the most current version of these terms. We reserve the right to revise these terms and conditions at any time by updating the terms. By continuing to use the site, you agree to be bound by any subsequent revisions and agree to review the Terms periodically for updates. The most recent version of the Terms will always be available under the "Terms of Use" link at the bottom of the website.
Please read these Terms of Use carefully, as they contain important information regarding your legal rights, remedies, and obligations, including limitations, exclusions, and clauses governing dispute resolution.
By using this website, you are deemed to have read, understood, and agreed to these Terms and Conditions. Any additional documents or links mentioned are considered accepted along with these terms. Your use of the website is contingent upon your strict adherence to these Terms, and any actions taken without regard to these Terms are done at your own risk. These Terms and Conditions constitute the agreement between users and us. Accessing this website or engaging in services provided by us indicates your understanding, agreement, and acceptance of the disclaimer notice and the full Terms and Conditions outlined herein.
“Agreement” means the terms and conditions as detailed herein, including all exhibits, privacy policies, and other policies mentioned on the website and will include references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
tovitovi.com means the online platform and the services and products provided by it and its affiliates, owned and operated by ToviTovi Pvt. Ltd., which provides a venue/ platform for the users to browse through the website and enrol themselves for various excursions and tours listed on the website and thereafter travel with the team of the company and other travellers to various destinations, subject to certain terms and conditions.
“User/You/Customer” means an individual who uses the website and avails of the services or buys the products provided therein.
“Traveller” or “Guest” shall mean the individual who joins us on our trips.
“Service” means any online facility made available through a website by the company, either now or in the future.
“Merchandise” / “Products” means the various products enlisted on the website for sale.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“User Content” means all content that a user submits or transmits to us through email, feedback, comments, forms and messages on our website.
“Our website Content” shall mean all Content that our website makes available through the website or Services, including any Content licenced from a third party, but excluding user Content.
“Collective Content” means User Content and our website Content.
“SNS” means various social networking sites such as Facebook, Twitter, Instagram, YouTube, etc.
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purposes and shall not be used for interpretation.
You may use the service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Any use or access to the service by anyone under 18 is strictly prohibited and in violation of this agreement. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18. The service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Unauthorised Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorised use is strictly forbidden and shall constitute a violation of applicable state and local laws.
Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the website is revoked in such jurisdictions.
Our website offers you with the following:
You can browse through our website and choose and book a fixed departure trip that you wish to undertake, or you can request a customised trip for yourself and your group. Thereafter, we shall assist you in planning, booking and organising the trip and you can undertake that trip after making the due payments. The payments can be made by online credit card or debit card payment, online internet banking payment, or offline payment (Swift/Wire Transfer/NEFT/IMPS/RTGS/Bank transfer/Cheque deposit) for the same. The payment can be collected by the ToviTovi company, depending on our and your mutual agreement at the time of tour booking.
You can also send your queries to us, which our team can answer and then formulate a tour proposal for you.
You can make purchases of various products listed and displayed for sale on the website via online or offline payment modes, like online credit card or debit card payment, online internet banking payment, or offline payment (Swift/Wire Transfer/ NEFT/ IMPS/ RTGS/ Bank transfer/ Cheque deposit). The payment can be collected by the ToviTovi company, depending on our and your mutual agreement at the time of product purchase.
In order to avail of the services provided on the website, the user will have to do the following:
Once the user has decided on the trip, they will have to fill out a form on our website and provide details therein, such as e-mail address, name, phone number, and message. The User can even contact us at the number provided therein or e-mail us at the e-mail address provided on the website to learn more about all the details of that trip. Alternately, the user also has the option to click the “Proceed to Payment” button, which will direct them to the payment page (only for fixed departure trips). The user will have to fill in all the relevant details and make a payment accordingly.
After the receipt of the payment, we shall provide you with the confirmation and all other relevant details in regard to the trip.
For customised trip, the user has to send us the requirements via any contact form on our website or via phone or email. Once our team reviews the requirements, they shall make a proposal for the customer with definite deliverables and a definite price, a definite cancellation policy, and terms of payment. The same is then communicated to the customer over email. If the customer agrees to the proposal, then he abides by all terms and conditions mentioned on this page and agrees to make payments to us as per the payment schedule and methods laid out in the proposal.
Supplier defaults – We shall not be liable if one of our vendors or suppliers defaults or goes bankrupt between the time of booking and the actual tour dates. While we make our best efforts to conduct due scrutiny of our vendors, but they are independent companies whose financials are beyond our control. Once we make them the tour related payment on your behalf, it is beyond our control to recover it in case they default or go bankrupt. In such a case, the liability for such losses will rest with the customer and not us, as we are just booking the services on behalf of the customer. To mitigate this, we strongly recommend that you take out supplier default insurance. Contact our sales team during the booking process to inquire about the same.
We may be providing travel insurance or supplier default insurance along with your travel package, either as a complimentary inclusion or as an add-on payable service. However, in both cases, all such insurance is provided by our insurance partners (which are reputed insurance companies) and not by us directly. During tour booking/insurance booking stage, we shall promptly provide you with a policy copy for your reference. All insurance related claims need to be settled directly with the insurance company that has provided the policy, though we will assist in all the required documentation therein. We shall not be liable for any loss or damages arising out of disputes with the insurance company.
The amount for various services (fixed departure tours) and products listed on the website is in Indian currency; however the user may choose to pay in equivalent in the currency of its own Nation.
We accept the following ONLINE modes of payment
Valid Credit/Debit cards/Internet Banking/Wallets via the following payment gateways
PayPal
Stripe payment gateway
Razorpay payment gateway
Users expressly agree and acknowledge that our website may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website.
Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever and without any prior notice. Our website does not store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues. We shall consider a payment to be completed and mark the payment as a receipt only when our payment gateway transfers the money to our bank account, which is usually within 2 days of the online payment. Though we provisionally generate automatic online invoices the moment payment is made on online gateway, but all such invoices are invalid till the time we actually receive the money in our bank account, though which is rarely the case. One such scenario maybe if the customer disputes the charge with their credit card company and the payment is held by the gateway, then we shall not consider it as a receipt, and the automatic invoices generated online shall be deemed to be invalid.
We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment provider. For more information on their security and privacy policy you may refer to the Privacy Policy of these third party payment providers before proceeding with payment option. Also in case of a double charge or any kind of additional charge (on the payment gateway) which is beyond our proposal, we will not be accountable for the same, and such issues must be taken up with your card issuer and the payment gateway involved directly. Though we will assist will all supporting documentation and our invoices.
The Company reserves the right to offer the discounts/promotional offers to any customer of its own choice and shall not be held liable to any customer for not offering the same. The discounts/offers have been made available at the sole discretion of the Company and are subject to change / amendment / modification from time to time. The Company may at its sole discretion, at any time discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever.
The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the customer shall be deemed to have been made on a voluntary basis. All disputes are subject to the exclusive jurisdiction of the competent courts/tribunals of New Delhi.
We also provide option to pay via OFFLINE modes such as bank transfer, SWIFT payment, NEFT, RTGS, IMPS, Cheque payment, and cash deposit in bank. In all such payment modes, payment will be considered complete only when money reaches our bank account.
All bank charges, swift charges, wire transfer charges, intermediary bank charges, payment gateway charges etc have to be borne by the payee/guest. We shall not be liable to bear any such charges at our end, and shall only consider the net money reaching our bank account after deduction of such charges as our receipt.
In case the total receipts are less than the total tour invoices raised by us (whether due to short payments or due to deductions for charges mentioned in clause 9 above), it will be considered as short payment, and will lead to cancellation of the tour services, and tour cancellation policy will come into force. After each payment received by us we shall be generating and sharing an invoice with you to maintain full transparency on billings.
Our website reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
We as Service Providers shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder.
On our website and even offline, we never ask for credit card details from any customer, and consequentially neither store the same. Online payments are handled by our online payment gateway partners, which are reputed companies in payments space. We shall at no point in time be liable for any fraudulent credit card transaction that happens on the customer’s credit card before, during or after their trip with us.
If the customer wishes to cancel their trip booking then they will have to notify us in writing.
The percentage of cancellation charges that shall be charged shall be mentioned in the proposal of the trip and the customer shall be bound by the enlisted “cancellation of the booking policy” of the Company which is mutually agreed in writing at the time of proposal.
All the refunds shall be made within fourteen (14) working days from the written receipt of the confirmation of the cancellation.
The refund for booking cancellation shall be made through the same mode through which the customer had made the payment for the booking, and to the same person who made the payment. In addition to the cancellation charges agreed in tour proposal, the customer will also need to bear our bank charges/transaction costs as per actuals.
In the following cases there will be no refunds made by the company
In case customer’s flight (whether booked by us or by the customer) is cancelled or rescheduled leading to changes in the agreed program, there will be no cancellation refunds made by the company. The company shall still offer to do the original arrangements in the original cost, any changes made for the reschedule shall be charged to the client.
If we are unable to conduct the trip due safety hazards arising out of any act of God, like Tsunami, Earthquake, Pandemic or Volcanic eruption etc, we shall not be liable for paying any cancellation costs to the customer.
If we are unable to conduct a trip due to safety hazards arising out of manmade reasons like sabotage, accidents, riots, shortage of supplies, equipment and materials, strikes and lockouts, civil unrest, curfew etc, we shall not be liable for paying any cancellation costs to the customer.
In case of a no show by the customer (customer does not turn up for the trip), we shall not be liable to pay any refunds in general. Though this will be governed by the cancellation policy mentioned in the tour proposal, in case that makes an exception.
In case the trip consists of booking permits or accommodation from any forest department of India or any country, and the forest department cancels the permit or accommodation at last minute, or denies entry into the protected area (at its discretion and beyond our control), our liability will only be to refund the cost of that respective permit or accommodation, that too when we actually get the refund back from the subject authority. The associated costs which we have incurred like vehicle, other hotels etc will not be refunded. We can also offer to make alternate arrangements at an incremental cost.
All the product orders once placed are non-cancellable and non-refundable except under the circumstances below. We have an effective replacement policy which is as follows-
In case the product is torn or has any defect in stitching or manufacturing, we shall replace the product free of cost. We need to be notified in writing about any such defect within 14 days of receipt of the product. Intimation later than that shall not be considered.
However if the product is found torn or damaged by the customer, and if there are wear and tear marks due to usage of the products, then it will not be considered for replacement. We expect the unsealed and unused product to be returned to us for the purpose of replacement.
The users agree and understand that the said warranty is only for a period of one year which shall commence from the date of invoice that is the date on which the customer makes payment of the product. Any warranty claims made after the expiration of the period of one year, shall in no case be entertained by us.
The claims of replacement on paper and clothes merchandise shall be entertained only when the order of such merchandise is delivered in a defective state to the customer.
The customer shall be required to notify the Company about such defects within twenty-four (24) hours of the receipt of such order. If the customer fails to notify the Company about such defects within 24 hours of the receipt of defective products then any claims made thereafter shall not be entertained by us.
Users warrant, agree and declare as follows:
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
You shall at all times ensure full compliance with various laws regarding your use of our services.
The Delivery of the products is carried out through our Partner Courier Services. you agree not to hold us liable for any delays in the delivery of your order. The Company shall not be responsible for such delays nor shall it entertain any of your claims in this regard.
Travellers warrant, agree and declare as follows:
The Company uses it best efforts to provide for proper safety during tours but it shall not be liable for any deaths, injuries or accidents that happen with any of the Travellers on our tours.
The Customer is fully responsible to take care of its belongings and the Company shall in no case be responsible for any theft of the personal belongings of the traveller any time during the trip.
The force majeure events are out of the control of any human being and in case any such Force Majeure event happens during the trip, the Company shall not be held liable and accountable for any damages that shall incur because of the happening of such Force majeure events. Such events include acts of god like earthquake. Volcano, tsunami, cyclones, pandemics, natural disasters and events like accidents, riots, sabotage, shortage of supplies, equipments, and strikes/lockouts among others.
If due to certain circumstances the trip cannot be conducted then the maximum liability of the Company shall be refund of the advance payment taken by it for the trip. However refund terms under certain specific conditions have been mentioned in Section # 7 of this document. If any of those conditions arise, then refund will be governed by the conditions set in Section # 7 of this document.
Please read the following for our arrangements with our service providers and our limitation of liability in case of disputes arising from their services.
The safaris are booked with the local government (often the forest department) authorities or private conservancies as applicable. The entry to the park is governed by the respective authorities and we have no control over that. The authorities reserve the right to refuse entry to the park at last moment without assigning us any reason, in such a case our maximum liability shall be to refund the cost of safari which we get from the authorities as a refund, that too once we get the actual refund from the authorities. Also there may not be adequate or clean toilet facilities in the safari parks (whether India or abroad), and we have no control over that and cannot be held liable for that. Further during the safaris the rides can be bumpy and dusty as the safaris happen in natural environment often in an open vehicle, so we cannot be held responsible for any physical discomfort or illness arising out of the safaris.
The cabs/surface transportation are often sourced through local vendors whom we empanel after rigorous scrutiny of their credentials so that we can provide a safe and comfortable transportation services to our clients. However these vendors are independent legal entities and service providers, and we have no direct control over their operations. In case there are issues with cleanliness of the cars/buses, behaviour and language skills of the driver, way of driving, any misbehaviour with clients etc, we will earnestly try to resolve the issue as representative of our clients. However we cannot be held legally accountable for any loss or damage arising out of the transportation services booked by us as we are consultants/booking agents for our clients and not the service provider directly, unless the vehicle is owned by us.
For hotels also, we do our due diligence and recommend the best hotels (based on past client experiences and our research) within the budget to our guests and book it for them, however we do not own these hotels and have no direct control over the operations of the hotels booked by us. In case there is any deficiency in service by the hotel like cleanliness issues, long time to process check-in, maintenance issues, bad behaviour by hotel staff, stale or bad quality food served, any accidents happening inside the hotel etc, we will earnestly try to resolve the issue with the hotel as representative of our clients. However we cannot be held legally accountable for any loss or damage arising out of the dealings with hotels booked by us as we are consultants/booking agents for our clients and not the service provider directly. However in case same category room (as promised during booking) is not provided by the hotel for any reason, we will be liable to pay the cost difference to the client in case a lower category room is provided. Generally requests like early check-ins/late check-outs are not guaranteed to be honoured, and may incur extra costs depending on hotel policies which we will convey beforehand whenever such a request comes to us. Also many hotels in Indian subcontinent or otherwise may charge for Wi-Fi services and water in the room, which will have to be borne by the client directly unless included by us in the contract.
We also handpick our guides (for cultural and leisure tours) and safari guides (for wildlife and nature tours) and select the ones we find appropriate based on clients budget and language preferences. However such guides are usually independent freelancers and not directly employed by our company. However in case the clients find the guides/nature guide lacking in knowledge, language skills, friendliness, willingness to share knowledge etc, they may report it to us and we will arrange for alternate guide/nature guide if given a reasonable notice. However there will be no liability on us to refund money for these reasons as the guide will still charge us his fees. Only in case the guide does not report to duty at specified time or is late beyond a reasonable, then we can refund the apportioned guide cost.
Air transport/rail transport/water transport – We also recommend the suitable Air transport/rail transport/water transport options to our clients based on the decided itinerary and often book it for them as part of the package. However we do not own any of these service providers and have no direct control over their operations. In case the client faces any accident, faces delays, faces refusal of service, faces discrimination, faces misbehaviour while using any of such transportation services, we shall act as representative of our clients and take up the matter with the respective vendors. However we cannot be held legally accountable or liable to pay any damages for such events as these are completely beyond our control and we just act as consultant and booking agents for our clients.
The hotel and cab may be equivalent to the specifications provided by us in the details of the trip and there may be chances that these facilities may not be exactly similar to what we have quoted. However Company shall use all reasonable efforts to provide a comfortable stay and travel to the client.
Though the Company shall try its best but it does not guarantee any wildlife sightings and the client shall not hold the Company liable or accountable for the same, if there is no wildlife sighting as desired by them.
The customer will always follow the instructions of the tour guide/manager given by it during the game drive. The Company shall not be held responsible and accountable for any violation of laws that the customer makes or for any personal injury that is suffers because of its lack of following the instructions given by the tour guide/manager.
The Company shall not be held liable and responsible if any traveller is unable to join us on the trip due to visa issues, immigration problems, airline delays, baggage loss etc. The customer shall not be refunded with the booking amount in such cases.
You shall be solely responsible and liable for any illegal activity carried out by you during our tours such as harassing animals, getting down at undesignated areas in national park. You shall be solely responsible for any legal action taken against you in such regard by the competent authorities.
We may use pictures and videos of participants and activities taken during a tour and may display the same on our website to promote our services. you allow us to use your such pictures without any obligation to pay you any royalties for the same. However if you do not wish us to use your pictures or videos, you can let us know that in writing by mailing to info@tovitovi.com and we will not use the same.
The Company uses local resources for the facilities like cabs, safaris and hotels and in case the customer faces any accident, illness, injury or eventual death during the trip while traveling, the company shall not be liable for that as the company is booking these facilities on behalf of the clients and is not directly providing the services of cabs, hotels, safaris etc.
In case the trip is stalled, delayed or cancelled due to any customers facing political unrest, riots, mobs, acts of vandalism, sabotage, natural disasters, pandemic, natural supplies, strikes, losing passport, dacoity, theft etc, then the company shall not be liable to make any refunds or compensation to the customer as these are situations beyond our control.
In case we find the customer misbehaving with any member of our staff or designated vendors, especially female members, we may discontinue the services at the very moment without making any refunds to the customer.
Any trip extras over contracted deliverables - like early check-ins, late check-outs at hotels, travelling extra time or distance by our booked cars, availing additional entries at attractions, ordering additional meals or drinks over what is contracted, personal expenses such as laundry – shall be charged over and above at trip costs as per actual expenses incurred.
Any documents mentioned by us during our tours, workshops or talks are reference materials and the same shall not be comprehended as comprehensive and authoritative work. The facts mentioned therein will be to the best of our knowledge but we shall not be held liable for any consequences whatsoever arising out of the interpretation, use or propagation of the said information. Only the tour proposal sent by us during booking will be the valid legal contract with the client and it will have the cost, inclusions and exclusions clearly listed out. All such proposals will be guided by the terms and conditions listed in this document.
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our website and / or others.
You shall solely enable us to use the information (such as feedback, comments, messages etc.) you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the website.
We reserve the right, but have no obligation, to monitor the materials posted on the website. Our website shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect our views. In no event shall our website assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
It is possible that any of the user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All rights, titles, and interests in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of India. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website.
Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of our website or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
The website names and logos and all related service and our slogans are the trademarks or service marks of ToviTovi Pvt Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this website is the property of our website or its suppliers and protected by copyright laws of India. The Contents and software on this website may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our company and is also protected by Copyright laws of India.
We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice at info@tovitovi.com requesting that the material be removed, or access to it blocked, please provide us with the following information:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your contact information, including your address, telephone number and an email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
You should assume that everything that you see or read on this website is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our website or other copyright owner, EXCEPT: You may print copies of the material for your personal, non-commercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our website, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our website which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this website is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on this website or otherwise disclosed, submitted or offered in connection with your use of this website(collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Users agree to defend, indemnify and hold harmless our website, our employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to our website:
if we determine that you have breached, or are acting in breach of, this User Agreement;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
you do not respond to account verification requests;
to manage any risk of loss to us, a User, or any other person; or
For other similar reasons:
If we terminate or suspend your access to our website due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the website.
In the event that we terminate or suspend your access to our website, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its choice of law principles.
The parties consent to exclusive jurisdiction and venue in the courts sitting in New Delhi, India
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The venue for arbitration shall be New Delhi, India
The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our Website, Services and tools;
Delays or disruptions in our Website, Services, or tools;
Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account; and
To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
The Company uses it best efforts to provide for proper safety during tours but it shall not be liable for any deaths, injuries or accidents that happen with any of the Travellers on our tours.
The Customer is fully responsible to take care of its belongings and the Company shall in no case be responsible for any theft of the personal belongings of the Traveller.
The Company shall not be held responsible and accountable for any violation of laws that the customer makes or for any personal injury that is suffers because of its lack of following the instructions given by the tour guide/manager.
The Company shall not be held liable and responsible if any Traveller is unable to join us on the trip due to visa issues, airline delays, etc. The customer shall not be refunded with the booking amount in such cases.
The Customer shall be solely responsible and liable for any illegal activity carried out by you during our tours such as harassing animals, getting down at undesignated areas. You shall be solely responsible for any legal action taken against you in such regard.
We may cancel the tour at any time without providing for any reasons and explanations and customer agrees that our liability shall be limited only to refund of advance payment for the trip booking taken by us from the customer.
We may use pictures and videos of participants and activities taken during the workshop and may display the same on our website to promote our services.
Any documents mentioned by us during our tours, workshops or talks are reference materials and the same shall not be comprehended as comprehensive and authoritative work. The facts mentioned therein will be to the best of our knowledge but we shall not be held liable for any consequences whatsoever arising out of the interpretation, use or propagation of the said information.
We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy.
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at info@tovitovi.com upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the website, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes amongst users or third parties through or on our website.
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
Any notices must be given by postal mail to us; Attn: Legal Department ToviTovi Pvt Ltd Suite #839, Bazaar Plaza, Moi Avenue Road, Nairobi, Kenya. In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the website, and operation of the website may be interfered with by numerous factors outside our control.
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content and their privacy policy and terms and conditions. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this website, you do this entirely at your own risk.
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Terms.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our website. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting customer support at info@tovitovi.com.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our website. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our website. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this website.
Our website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at webmaster@tovitovi.com or by clicking the unsubscribe link in our emails sent to you.
You consent to receive notices and information from us in respect of the website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
The Agreement, in connection with the other obligations and rules detailed in writing on the website, constitute the entire agreement between you and the website and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the website. Nothing in this subsection will prevent the website from modifying the terms of these Terms and Conditions and posting such other modified terms and conditions.
For any further clarification of out Terms and Conditions, please write to us at info@tovitovi.com
Our Corporate Address is
ToviTovi Pvt Ltd,
Suite #839,
Bazaar Plaza,
Moi Avenue Road,
Nairobi, Kenya
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