TERMS & CONDITIONS
Welcome to safarisuccess.com (the “Website”). The Website is owned and operated by Safari Christian Business Alliance inc., a company registered in The United States of America & New Mexico, whose Registered Office is 133 S. Church Street, Las Cruces, NM 88001 (“Safari”).
As a casual browser of the Website, you agree to abide and be bound by all applicable provisions of the Disclaimer. However, some areas of the Website such as this require registration. Should you wish to register for use of these areas of the Website, the following terms and conditions (the “Terms”) will apply to your use of the Website . By completing the registration form and by entering your email address and password, you will be deemed to have accepted all these Terms and be a registered user.
1.1 Where any part of the Website requires you to register in order to use it, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information by altering your details as appropriate. Please refer to the “SEES Online” section of the Website, where you can update, correct or delete your personal information as appropriate.
1.2 Each registration is for a single user only. On registration you are required to enter an email address and password. We do not allow (i) any other person to share your email address and/or password or (ii) access through a single user name and password being made available to multiple users on a network.
1.3 You may only register as a personal user of the Website. Access to registration areas is via your personal email address and password. Safari shall allow you access to use registration areas of the Website on the basis that:
1.3.1 your email address and password are personal to you and may not be used by anyone else;
1.3.2 you will not do anything to assist anyone who is not a registered user to gain access to any registration area of the Website;
1.3.3 you do not maliciously create registration accounts for the purpose of abusing functionality of the Website, or other users, nor do you seek to pass yourself off as another user; and
1.3.4 you comply at all times with the Terms.
1.4 When you register to use the Website, you will be obliged to check a box indicating that you have read, understood and accepted the Terms. You will not be allowed to complete your registration unless you indicate your acceptance of the Terms and any other terms and conditions that may apply.
1.5 Safari retain the absolute right to prevent you from accessing the Website, without prejudice to any of our accrued rights, where Safari, at our sole discretion, consider that you are contravening the acceptable use policy set out below or any other term or condition of these Terms.
2. CANCELLING REGISTRATION
2.1 If you wish to cancel your registration and password, please either:
2.1.1 email Safari at email@example.com using the following wording – Subject: ‘Please cancel my account’, Body: please detail what you would like to cancel either your whole account or subscriptions or e-mail alerts; or
2.1.2 access the “SEES Online” section of the Website, where you can update, correct or delete your personal information and registration as appropriate.
2.2 Once Safari has received your email or you have amended your account details within a reasonable time period Safari will cancel your password and delete (save as required by law or regulation) the information from Exchange records you submitted to us as part of the registration process.
4. ACCEPTABLE USE POLICY
4.1 You acknowledge that all material on the Website and any material sent to you by e-mail and any other form from the Website or in any way relating to the Website including without limitation text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and information (the “Content”) belongs to our licensors or Safari.
4.2 You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any Content uploaded or distributed or stored by you does not infringe the rights of others.
4.3 In accessing the Website, you agree not to:
4.3.1 impersonate anyone or use a false name or a name you are unauthorized to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;
4.3.2 modify, access or make available data stored on a computer device which you have accessed through our network;
4.3.3 make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
4.3.4 damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair functionality;
4.3.5 make any commercial or business use of the Website or resell or commercially benefit from any part or aspect of the Website;
4.3.6 publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
4.3.7 threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
4.3.8 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
4.3.9 falsify the true ownership of software or other material or information contained in files made available via the Website; and
4.3.10 obtain or attempt to obtain unauthorised access, through whatever means, to the Website, other services or computer systems or areas of our or any of our partners’ networks.
4.4 Certain files of Content are available for download from the Website. These files of Content are subject to the Terms.
4.5 Safari reserves the right to remove any information/material without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
5.1 Safari attempts to ensure Content is accurate, however whilst Safari hopes the Website and Content is of benefit to users, there is no charge for provision of Content and Safari can only devote limited resources to the Website and any Content. Content is only made available “AS IS” and on an “AS AVAILABLE” basis and may not be accurate or up to date. Content may or may not have been prepared by Safari but is made available without responsibility on the part of Safari. Safari does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any of the Content. No responsibility is accepted by or on behalf of Safari for any errors, omissions, or inaccurate Content.
5.2 No action should be taken or omitted to be taken in reliance upon Content. We accept no liability for the results of any action taken on the basis of the Content.
5.3 You agree that Safari has no control over third party content and information which can be accessed using the Website and that we do not examine or edit the use to which you or others put the Website or the nature of the Content being accessed and that Safari is excluded from all liability of any kind arising from such Content.
5.4 We take steps as are reasonably necessary to provide a fast and reliable service, but exclude to the fullest extent permitted by law any liability for the security of the services on the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems.
5.5 Unless otherwise stated, Safari makes no warranty whatsoever whether implicit or explicit as to any goods or services purchased or obtained or offered to you through use of the Website, whether accessed directly or otherwise.
5.6 Statutory rights of yours which may not be limited or excluded as a matter of law are unaffected by the Terms, provided that to the extent permitted by applicable law, Safari expressly disclaims all liability howsoever arising whether in contract, tort (or deceit) or otherwise (including, but not limited to, liability for any negligent act or omissions) to any person in respect of any claims or losses of any nature, arising directly or indirectly from: (i) anything done or not done and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content or the Website; and (ii) the use of any data or materials on this Website or unauthorized access to this Website or otherwise.
5.7 Without prejudice to Clause 5.6, Safari shall not be liable under or in connection with the Terms, or any collateral contract, for any loss of income, loss of actual or anticipated profits, loss of business, loss of contracts, loss of goodwill or reputation, loss of business, loss of anticipated savings, loss of, damage to or corruption of data, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.
5.8 Without prejudice to Clause 5.6, to the extent permitted by applicable law, Safari’s liability howsoever arising shall be limited to $164.
6. NO INVESTMENT ADVICE
6.1 The Website and any Content is not offered as advice on any particular matter and must not be treated as a substitute for specific advice. In particular Content does not constitute professional, financial or investment advice and must not be used as a basis for making investment decisions and is in no way intended, directly or indirectly, as an attempt to market or sell any type of financial instrument. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.
6.2 The information on this Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution would be contrary to local law or regulation.
7. LINKS TO THIS AND OTHER WEBSITES
7.1 You may not frame, link or deep-link this Website to any other website without Safari’s prior written consent. Should you wish to frame or to set up a link / deep-link to our Website please contact firstname.lastname@example.org.
7.2 Safari is not responsible for any third party website or website content (including, without limitation, any advertising appearing therein) which can be accessed through this Website. Safari includes links to other websites for information purposes only and makes no representation whatsoever about any such link, website or content.
8.1 Any communications with Safari may be recorded to enable Safari to carry out its regulatory responsibilities.
9. COPYRIGHT, REPRODUCTION NOTICE AND INTELLECTUAL PROPERTY RIGHT
9.1 Except as is otherwise indicated, Safari is the owner of the copyright in all the Content and of all related intellectual property rights, including but not limited to all database rights, trade marks, registered trade marks, service marks and logos.
9.2 You are permitted to download, print, store temporarily, retrieve and display Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication in any form.
9.3 You are not permitted (except where you have been given express permission to do so) to adapt or modify the Content or any part of it and the Content or any part of it may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way to any third parties for commercial gain.
9.4 The Website and Content – Copyright © 2013, Safari Christian Business Alliance, inc.
10. SOFTWARE AND SECURITY
10.1 Safari is not responsible for any technical or other issues that may arise if you download software from an external third party website (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the Website.
11.1 Safari reserves the right to make changes to any part of the Website. Due to Safari’s policy of updating and improving the Website, it may therefore be necessary to change the Terms from time to time. If you wish to access the Website after we have published such changes, you may be asked to look at and agree to the new Terms before you are able to access the Website. If you do not agree to be bound by the new Terms, you shall not be able to access the Website again as a registered user
12. ADVERTISING AND SPONSORSHIP
12.1 The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. Third party advertisements and sponsorship is clearly labelled as such. Safari does not endorse and is not responsible for the content of any third party advertisement or sponsorship on or of this Website or otherwise. Safari exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.
13. COMPUTER VIRUSES
13.1 Whilst Safari uses reasonable endeavours to protect this Website from computer viruses, worms, and Trojan Horses (the “Viruses”), Safari does not warrant that the Website is free from such Viruses and accept no liability for any damage that may result from the transmission of any Viruses via this Website or via any files which are available for you to download from the Website.
14. Safari Christian Business Alliance, inc., PRODUCTS, SERVICES COMPETITIONS, PRIZE DRAWS AND CHARGEABLE CONTENT
14.1 We may from time to time run competitions, free prize draws and/or other promotions on the Website and may offer access to and use content of which, incurs a charge. These will be subject to additional terms and conditions that will be made known to you at the relevant time. In the event of there being any inconsistency between these Terms and the terms of any such competitions, free prize draws, other promotions, and/or changeable content then the latter shall prevail but only to the extent of any inconsistency.
14.2 Safari uses the Website to market, promote and provide a variety of products and services. Many of these products and services are subject to their own specific terms and conditions, and you will be notified of these additional terms in advance before you purchase, obtain or subscribe to such products or services. In the event of there being any inconsistency between these Terms and the terms of any products or services, then the latter shall prevail but only to the extent of any inconsistency.
14.3 If you have any queries concerning competitions, free prize draws and/or other promotions on the Website, chargeable Content, products or services, then please contact us at email@example.com.
15.1 We may terminate the provision of any or all of the Content or Website or restrict your access to the Website without any prior notice to you where (by way of example and without limitation): (i) there is a regulatory or statutory change limiting Safari’s ability to provide some or all of the Website; (ii) any event beyond our reasonable control prevents Safari from continuing to provide the Website (for example, without limitation, technical difficulties, capacity problems and communications failures); or (iii) Safari considers in it’s sole discretion that you are abusing the services provided by the Website or are otherwise acting in breach of these Terms.
16. THIRD PARTY E-COMMERCE
16.1 Your dealings with any third parties, in particular advertisers and/or merchants, via the Website, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings and you agree to indemnify us in relation to such dealings.
17.1 The Safari crest and logo are trademarks of Safari Christian Business Alliance, inc.
18.1 Although Safari will do it’s best to provide constant, uninterrupted access to the Website, Safari cannot guarantee this. Safari accept no responsibility or liability for any interruption or delay in your access and use of the Website.
18.2 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
18.3 If any part of these Terms is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected.
18.4 The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to the Terms does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.
18.5 The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.
18.6 The Terms contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to the Terms except as expressly stated in the Terms. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into the Terms (unless such untrue statement was made fraudulently or was as to a fundamental matter including as to a matter fundamental to the other party’s ability to perform its obligations under the Terms) and that party’s only remedies shall be for breach of contract as provided in the Terms.
18.7 Provisions of the terms which either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall remain in full force and effect notwithstanding such expiry or termination.
18.8 The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in the Terms, nothing in the Terms shall constitute the parties as partners, joint venturers or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
19. CHOICE OF LAW AND JURISDICTION
19.1 These Terms are governed by and interpreted in accordance with United States laws. The courts of The United States and New Mexico shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms.
20. THIRD PARTY NOTICES
Safari Christian Business Alliance is a trademark of Safari Christian Business Alliance.