1. Your Agreement

1. 1. "Ojimah", is licensed under the Travel Agency Act of Guinea-Bissau (N62-C92) under license number 0004/2020). This website www.ojimah.com and/or the Ojimah App is operated by Ojimah Web Logistics, a Mauritius incorporated company.

 

1. 2. Please read these terms of use (“this Terms of Use”) carefully before using the Ojimah Platform and the services offered by Ojimah Web Logistics, its affiliated companies (together, “Ojimah”) or the third-party operators (the “Operator”) through the Ojimah Platform (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Ojimah Platform and (2) persons for whom you make a purchase of the Services. 

 

2. Change of Terms of Use

2.1 Ojimah's Modifications 

 

2.1.1 Ojimah reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Ojimah changes or modifies this Terms of Use, Ojimah will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised. 

 

2.1.2 Your continued use of the Ojimah Platform after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access the Ojimah Platform and/or the Services. It is your responsibility to regularly check the Ojimah Platform to ascertain if there are any changes to this Terms of Use and to review such changes. 

 

2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Ojimah from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use. 

 

3. Access and Use of the Services

3.1 Ownership of Content 

 

3.1.1 This Ojimah Platform, the domain name (www.ojimah.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Ojimah in connection therewith are owned and operated by Ojimah. 

 

3.2 Provision and Accessibility of Services 

 

3.2.1 Subject to this Terms of Use, Ojimah may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on the Ojimah Platform. The Services that have been selected by you on the Ojimah Platform are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of the Ojimah Platform, any Services offered by Ojimah by itself or on behalf of the Operators on the Ojimah Platform. Ojimah may change, suspend, or discontinue any Services at any time, including the availability of any feature, database, or content. Ojimah may also impose limits or conditions on certain Services or restrict your access to any part or all the Services without notice or liability. 

 

3.2.2 Ojimah does not guarantee that the Services will always be available or uninterrupted. Ojimah will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them. 

 

3.2.3 If you link to the Ojimah Platform, Ojimah may revoke your rights to so link at any time, at Ojimah’s sole discretion. Ojimah reserves the right to require prior written consent before linking to the Ojimah Platform. 

 

4. Ojimah Platform and Content

4.1 Use of the Content 

 

4.1.1 All materials displayed or performed on the Ojimah Platform including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Ojimah Platform and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use. 

 

4.1.2 If Ojimah agrees to grant you access to the Ojimah Platform and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the Ojimah Platform in accordance with this Terms and Use. Ojimah may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance, or functionality of any part or all the Content from the OjimahPlatform. 

 

4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the Ojimah Platform and the Content accessed through the Ojimah Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Ojimah Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights. 

 

4.2 Ojimah’s Liability for the Ojimah Platform and Content 

 

4.2.1 Ojimah cannot guarantee the identity of any other users with whom you may interact with in the course of using the Ojimah Platform. Ojimah cannot guarantee the authenticity and accuracy of any content, materials, or information which other users or the Operators may provide. All Content accessed by you using the OjimahPlatform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. 

 

4.2.2 Under no circumstances will Ojimah be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the OjimahPlatform. 

 

4.3 Sort Order * 4.3.1 We provide sorting and filter settings for you to adapt the search results to your preferences using criteria such as availability, price recommendations, Services’ popularity, Services’ reviews or other criteria. We continually optimize the Ojimah Platform to provide you the best experience and may test different default sort order algorithms from time to time. 

 

5. Intellectual Property Rights

5.1 Intellectual Property 

 

5.1.1 All intellectual property rights subsisting in respect of the Ojimah Platform belong to Ojimah or have been licensed to Ojimah for use on the Ojimah Platform. This Ojimah Platform, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the Ojimah Platform and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on the Ojimah Platform or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Ojimah or from the copyright holder identified in such Contents copyright notice. 

 

6. User Submissions

6.1 Uploading of Information 

 

6.1.1 In the course of accessing the Ojimah Platform or using the Services, you may provide information which may be used by Ojimah and/or the Operators in connection with the Services and which may be visible to other users of the Ojimah Platform. You understand that by posting information or content on the OjimahPlatform or otherwise providing content, materials or information to Ojimah and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to Ojimah and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the Ojimah Platform and Ojimah’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize Ojimah to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of the Ojimah Platform a non-exclusive license to access your User Submissions through the Ojimah Platform, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Ojimah Platform and under this Terms of Use; (d) You acknowledge and agree that Ojimah retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Ojimah does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through the Ojimah Platform is the sole responsibility of you and that Ojimah will not be liable for any errors or omissions in any content. 

 

7. Users Representations, Warranties and Undertakings

7.1 Use of the Ojimah Platform and the Services 

7.1.1 You represent, warrant and undertake to Ojimah that you will not provide any User Submissions or otherwise use the Ojimah Platform or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Ojimah’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Ojimah; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. 

 

7.2 Removal of User Submissions 

 

7.2.1 Ojimah reserves the right to remove any User Submissions from this Ojimah Platform at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Ojimah is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all. 

 

7.3 Responsibility for User Submissions 

 

7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Ojimah Platform. 

 

7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on the Ojimah Platform. You represent, warrant and undertake to Ojimah that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Ojimah to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by the Ojimah Platform and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Ojimah’s use of the User Submissions, or any portion thereof, on or through the Ojimah Platform and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation. 

 

7.3.3 You are responsible for all of your activity in connection with using the Ojimah Platform and/or the Services. You further represent, warrant and undertake to Ojimah that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the Ojimah Platform and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via the Ojimah Platform; (c) use the Ojimah Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Ojimah Platform; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or "spam" on the Ojimah Platform, or any processes that run or are activated while you are not logged on to the Ojimah Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the Ojimah Platform’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Ojimah Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of Ojimah Platform.

 

7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the Ojimah Platform and/or the Services. 

 

8. Registration and Security

8.1 Opening of the Ojimah Account 

 

8.1.1 In the course of using the Services, you may be required to open and maintain an account with Ojimah(“Ojimah Account”). 

 

8.2 Provision of Personal Information 

8.2.1 As a condition to using some aspects of the Services, you may be required to register with Ojimah and select a password and user name (“Ojimah User ID”). If you are accessing the Services through a Third Party Website or service, Ojimah may require that your Ojimah User ID be the same as your user name for such Third Party Website or service. 

 

8.2.2 You shall provide Ojimah with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your OjimahAccount. 

 

8.2.3 You represent that you shall not: (a) Select or use as a Ojimah User ID a name of another person with the intent to impersonate that person; or (b) Use as a Ojimah User ID a name subject to any rights of a person other than you without appropriate authorization. 

 

8.2.4 Ojimah reserves the right to refuse registration of or to cancel a Ojimah Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password. 

 

9. Reviews - Further correspondence - Rights to User Content

9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Ojimah platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account may be awarded Ojimah credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of Ojimah credits. Ojimah further reserves the right to deduct any credits directly from your Ojimah account without prior notice.

 

9.2. By posting a review, you grant Ojimah the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Ojimah reserves the right to translate, edit, adjust, refuse, or remove reviews at its sole discretion. 

 

9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that:

 

9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform; 

 

9.3.2. such content is accurate and not misleading; and 

 

9.3.3. use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. 

 

9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others. 

9.5. You further grant Ojimah the right to pursue at law any person or entity that violates your or Ojimah 's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit. 

 

9.6. Content submitted by users will be considered non-confidential and Ojimah is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Ojimah reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Ojimah is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Ojimah. Ojimah shall have no duty to attribute authorship of content to you and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details. 

 

10. Booking Confirmation, Tickets, Vouchers, Fees and Payment

10.1 Booking Confirmation 

 

10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Ojimah Platform is solely for reference only. Actual time required for confirmation may vary. 

 

10.5 Required Assistance 

 

10.5.1 If you attempt to use a Voucher in accordance with this Terms of Use and the additional terms and conditions applicable to such Voucher and you are unable to do so (due to the fault of the Operator or otherwise), please contact Ojimah at info@ojimah.com, and Ojimah will try to liaise with the Operator for an appropriate remedy. 

 

10.6 Additional Charges 

 

10.6.1 Ojimah reserves the right to require payment of fees or charges for any Services offered by Ojimah. You shall pay all applicable fees or charges, as described on the Ojimah Platform in connection with such Services selected by you. 

 

10.7 Modifications to Charges 

 

10.7.1 Ojimah reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the Ojimah Platform. Your use, or continued use, of the Services offered by Ojimah following such notification constitutes your acceptance of any new or revised fees or charges. 

10.8 Ojimah’s Rights and Obligations 

 

10.8.1 Ojimah reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Ojimah’s sole discretion. 

 

10.8.2 Ojimah intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price. 

 

10.8.3 Whilst the Operators are required to provide Ojimah with accurate and updated prices of the Services on the Ojimah Platform, Ojimah cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times. 

 

10.9 The above terms and conditions & return policies are appliable to all Ojimah users worldwide. 

 

11.2 Ojimah Coupons 

11.2.1 Ojimah Coupons are coupons with a one-time use and will not be returned if used that will be sent to your designated email address or applied directly to your Ojimah Account, which may be used in exchange for discounts of future bookings on the Ojimah Booking Platform. For the avoidance of doubt, once you have used the Ojimah Coupons on the Ojimah Booking Platform, such Ojimah Coupons will not be returned or refunded under any circumstances.

 

11.2.2 Ojimah Credits may be attained through the following means: (a) You may receive Ojimah Coupons through the Ojimah Referral Program, as further elaborated on in Clause 11; or (b) You may receive OjimahCoupons by other authorized means as determined at Ojimah’s sole discretion. 

 

11.3 Abuse of Discounts 

 

11.3.1 In the event where it has come to Ojimah’s attention that the Ojimah Credits or Ojimah Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Ojimah, Ojimah reserves the right to the following: (a) Termination of your Ojimah Account with immediate effect; or (b) Cancelation of all Ojimah Credits or Ojimah Coupons as previously accrued; or (c) Refusal of the provision of the Services to you; or (d) Any other measures as deemed appropriate by Ojimah at its sole discretion. 

 

13. Privacy Policy

13.1 Privacy Policy 

 

13.1.1 For Ojimah’s policy relating to its use of of your personal data, please review Ojimah’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy. 

 

14. Indemnity

14.1 Ojimah’s Indemnification 

 

14.1.1 You will indemnify and hold Ojimah, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to the OjimahPlatform, use of the Ojimah Platform, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Ojimah User ID. 

 

14.2 Ojimah’s Involvement 

 

14.2.1 Ojimah may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Ojimahwithout Ojimah’s prior written approval. Ojimah reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action. * 15. Disclaimers and Limitation of Liability

 

15.1 Parties’ Relationship 

 

15.1.1 Ojimah has no special relationship with or fiduciary duty to you for accessing and using the OjimahPlatform and the Content. You acknowledge that Ojimah has no control over, and no duty to take any action regarding: (a) Which users gain access to this Ojimah Platform; (b) What content you access via the OjimahPlatform; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content. 

 

15.2 Services and Comments 

15.2.1 You acknowledge and agree that the Operators may offer the Services on the Ojimah Platform, and that suggestions or recommendations may be given by the Operators or Users of the Ojimah Platform. Ojimahmakes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the Ojimah Platform. 

 

15.3 Exemption of Liability 

 

15.3.1 In no event will Ojimah, the Ojimah Platform, or any of Ojimah’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Ojimah Platform; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of the OjimahPlatform, tools or Services we provide related to the business we operate on the Ojimah Platform by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. 

 

15.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law. 

 

15.3.3 This Ojimah Platform, including all content, software, functions, materials and information made available on or accessed through the Ojimah Platform, is provided on an "as is" basis. To the fullest extent permissible by applicable law, Ojimah makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the Ojimah Platform or the materials, information and functions made accessible through the Ojimah Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Ojimah Platform, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free. 

 

15.3.4 You acknowledge and agree that any transmission to and from the Ojimah Platform is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Ojimah and by posting information on the Ojimah Platform, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and Ojimah other than pursuant to this Terms of Use. 

 

15.3.5 You acknowledge and agree that you will not hold or seek to hold Ojimah responsible for the content provided by any Operator or third party and you further acknowledge and agree that Ojimah is not a party to any transaction in relation to the Services provided by any Operator or third party. Ojimah has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the Ojimah Platform. 

 

15.4 Remedies 

 

15.4.1 If you are dissatisfied with the Ojimah Platform, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Ojimah or another user of the Ojimah Platform with respect to this Terms of Use or this Ojimah Platform, your sole and exclusive remedy against Ojimah is to discontinue use of the Ojimah Platform. 

 

15.4.2 In any event, to the fullest extent permissible by the applicable law, Ojimah’s liability, and the liability of any member of Ojimah, to you or any third party in any circumstance arising out of or in connection with the Ojimah Platform is limited to the greater of: (a) The amount of fees you paid to Ojimah in the twelve months prior to the action giving rise to liability; or (b) $85.00 in the aggregate for all claims. 

 

16. Interaction with Third Parties

16.1 Links to Third Party Websites

 

16.1.1 This Ojimah Platform may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Ojimah, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Ojimah of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites. 

 

16.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use. 

 

16.1.3 Ojimah has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Ojimah will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Ojimah harmless from any and all liability arising from your use of any Third Party Website. 

 

16.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. 

 

16.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

 

16.2 Ojimah’s Responsibility 

 

16.2.1 You agree that Ojimah shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Ojimah is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Ojimah, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. 

 

17. Payment

17. Purchase conditions

17.1 Cancellations and changes

 

17.1. The chance to cancel or change a travel product or service purchased through this Platform, as well as the way to do so, will depend on the terms and conditions of the Travel Supplier(s), which are usually according to the sort of fare chosen (i.e. low cost fares do not usually allow changes or cancellations). Ojimahcan assist You to find out whether Your fare allows changes or cancellation and, if you wish, Ojimah can also manage your request with your Travel Supplier(s), by charging a service fee of up to sixty dollars ($60) per person and route cancelled and/or changed. Please note that our services fees for managing cancellations and/or changes do not include the amounts eventually charged by your Travel Supplier(s), according to their terms and conditions. If you wish to order a cancellation or a change through Ojimah, please contact us via our Help Centre. These requests cannot be processed by email.

 

17.1.1 According to Article 103.a) of the Decree 1/2007, of 16th of November, by which it is approved the General Law on Consumers and Users Rights, we inform You that once your purchase is confirmed, the mediation service provided by Ojimah is considered as totally executed and therefore you are not entitled to use your withdrawal right anymore.

 

17.1.2 Prices and payment methods

 

17.1.3 You will see total price of your order with the corresponding breakdown, once You have selected the Travel Services You want to order, which is before You will be bound by any contract or take any payment obligation. Such total price will include the price of all of selected travel services, including optional services, and Ojimah’ service fees. Please note that Ojimah’ services fees are non-refundable. This is because the service fees are charged for the mediation services provided by Ojimah, which are fulfilled when the booking has been confirmed to You.

 

17.1.4 Ojimah’ service fees will vary according to the products or services included in your order, the channel used and other factors. In the event that Your order cannot be processed because You use a invalid credit or debit card, Ojimah will charge You an additional service fee of up to sixty dollars ($60) and will provide You with instructions to make the payment of Your order effective. Once full payment has been made by You, the additional service fee will be refunded by deducting it from total price of Your order. You will not receive any of the services ordered until full payment has been received. Note that price of the services at the moment you completed Your purchase by clicking ACCEPT AND PURCHASE may change due to the elapsed time between completing Your purchase and the moment on which Your payment has been received in full. In such case, to process Your order You must accept the price of the travel service(s) which is applicable at the moment the full payment has been received. In the event that any problem arises relating to you payment, we will contact You within forty-eight (48) hours from your order (or within twenty-four (24) hours if You are traveling within forty eight (48) hours) and will instruct You to make the payment effective.

 

17.1.5 If you order includes one or more flights, be aware that some airlines will directly charge You, so payment to the airline(s) and payment to Ojimah may appear as separate transactions on your bank account.

 

17.1.6 You can only use the payment methods as listed on the Platform. No other payment methods are accepted by Ojimah.

 

17.1.7 All prices which are mentioned to You on our platform are including VAT (if due at all). Note that specific VAT rules are applicable to the provision of travel services, as well as the mediation regarding such services. This means that the amount of VAT included in the price of the travel services, as well as in the mediation fee (if any), depends on the destination of your travel as well as whether you are a private customer or customer with a VAT number.

 

17.1.8 For security reasons, you will be requested to enter your credit or debit card information each time you make an order. You authorize Ojimah to use such information to (i) pay the products or services ordered, (ii) pay the insurance premium, if applicable, (iii) manage refunds, when appropriate and (iv) pay post-booking services requested. In all cases, Your payment details will be encrypted in a secure server, according to PCI standards.

 

17.1.9 Ojimah will also charge You with additional fees for using certain payment methods as stated by the applicable laws, i.e. if You use a corporate card or a tripartite system (American Express or Diners). Please note that our systems automatically detect the payment method which is actually used by You and the corresponding additional fees are charged, if any. Please, note that, If You pay with a credit or debit card which is held by another person than you, we will assume that You have previously requested the permission of the card holder. Ojimah reserves the right to send e-tickets, confirmations, e-vouchers and other travel documents exclusively to the card holder.

 

17.2. In certain cases, subject to prior contact with the Customer Service centre, You will be able to pay by bank wire. In these cases, there must be a difference of at least six (6) working days between the date of your order and the departure date of the ticket. By choosing bank wire as the payment method, Ojimah will charge You the total amount of your order in one single payment. You must ensure that there are sufficient funds available to settle the payment. In the event of a returned payment due to lack of funds or any other reason, Ojimah will charge You an additional service fee of up to sixty dollars ($60) and will immediately give You instructions to make the payment effective.

 

17.2.1 Refunds (see annex )

3.3.1. Refunds are subject to the Travel Supplier(s)’ Policies, as the case may be. If You are eligible to be refunded according to such Policies, be informed that Your refund will be processed using the same payment method as used to pay Your order. Note that the air fares contain different elements and not all of them are refundable, so even if you are eligible to be refunded according to your travel supplier(s)’ policies, the refunded amount may not be exactly the total price paid for your booking.

 

17.2.2 In the event that You have ordered a non-refundable and unchangeable flight, and You will not be able to use it, be informed that You may claim anyway a refund for some airport taxes which are included in the air fare. In case that You wish to request the refund of the airport taxes through Ojimah, You may contact our call centre services. With this request, You authorize Ojimah to carry out all necessary actions on Your behalf to be refunded. Please note that the deadline for requesting the refund of these airport taxes is twelve (12) months from the date of purchase of the tickets or six (6) months from the date of the flight, if this is later. For this service, Ojimah will charge You with an additional service fee of up to sixty dollars ($60) per person, which will be deducted from the amount refunded.

 

18. Termination

18.1 Termination by Ojimah

 

18.1.1 This Terms of Use shall remain in full force and effect while you use Ojimah Platforms or the Services. Ojimah may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Ojimah may also terminate or suspend all Services and access to the Ojimah Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.

 

18.2 Effects of Termination

 

18.2.1 Upon termination of your Ojimah Account, your right to use the Services, access the Ojimah Platform, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

 

18.2.2 If this Terms of Use is terminated as a result of your breach, Ojimah reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.

 

19. Passports, Visas, Documents, Licenses & Insurances

 

19.1 Your Responsibilities

 

19.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements. Alternatively, this information can be provided by our e-visa and travel restrictions section.

 

19.1.2 As e-visa and health requirements are subject to changes without notice, Ojimah recommends that you verify health and visa requirements with the appropriate consulate prior to departure.

 

19.1.3 You acknowledge that some Operators may require you to adhere to local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the Services they offer. 

 

19.1.4 Ojimah strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.

 

20. Governing Law

 

20.1 This Terms of Use shall be governed by the laws of Mauritius. You agree to submit to the non-exclusive jurisdiction of the Mauritius court. 

 

21. Miscellaneous

 

21.1 Severability

 

21.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.

 

21.2 Assignment

 

21.2.1 This Terms of Use is not assignable, transferable or sub-licensable by you except with Ojimah’s prior written consent. Ojimah may transfer, assign, or delegate this Terms of Use and its rights and obligations without prior notice to you.

 

21.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.

 

22. Contact

22.1 Please contact Ojimah at info@ojimah.com to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.

 

23. Annex 1. Specific information for flights

Please note that the contract of carriage will be set up between You and the airline and it will be subject to the airline’s terms and conditions. Ojimah only acts as intermediate in the purchase of your air ticket. It is IMPORTANT that You check the terms and conditions of your airline, since the air fare chosen could be unchangeable and/or non-refundable. Moreover, airlines may charge for ancillaries’ services to the air transport service such as checked baggage, airport check-in, preferred seating, in-flight entertainment, food, drink and snacks, etc. Any charges for these additional services are not included in the price of your air ticket unless explicitly provided otherwise and must be paid to the airline directly. Please note that, if your flight includes more than one route, each one can be subject to different rules (i.e. for baggage allowances, visa requirements, etc.). This can happen even if the routes are operated by the same airline, but one route is international and the other is domestic.

 

In particular, it is IMPORTANT that You check the following:

Minimum check-in time for your flight. The recommended minimum check-in time for international flights is 120 minutes prior to departure and for domestic flights, 90 minutes before departure. Nevertheless, some airports and/or airlines may require a longer time.

If You have a return ticket, whether the airline requires You to reconfirm your return flight booking at least 72 hours before travel. If You do not reconfirm your return route directly with the airline, it could be cancelled.

 

In particular if You are traveling first class, whether there are special request regarding your seat.

 

In particular if You have chosen a special fare or better price, whether there are stopovers in your flight. Some itineraries require a change of plane during the trip. A flight described as “direct” is when there is no need to change of plane during the trip. Nevertheless there could be stops to refuel or drop off/collect passengers. The details of stopovers will be provided during the booking process and will be clearly identified both on the platform and on your itinerary, which we will send You when You make your booking. It is Your responsibility to organize the necessary visas, as may be required due to such stopovers.

 

If a passenger included in your booking is pregnant on the date of return, what is the specific airline’s policy about this. For reference purposes, airlines normally refuse to transport women who are 28 weeks pregnant.

 

If a passenger included in your booking is a child, what is the specific airline’s policy about this. For reference purposes, (i) children must normally be 6 weeks olds or more to travel by air and must either sit on an adult’s lap or occupy an infant seat, while children aged 2 years or more must occupy a normal seat; (ii)minors between the ages of 5 and under 12 may not normally travel alone, unless the airline provides a special assistance – just for passengers between the ages of 12 and 17 – but this additional service must be paid separately and requested before confirming the booking through our Travel Agents.

 

Changes of passengers’ names and/or last names. Note that if the details on the ticket do not match with your ID document, the airline can refuse You to board. Further to ensure that You have provided correctly all passengers’ personal data during the online booking process, we recommend to check the airline’s policy on this. For reference purposes, note that changes of names and/or last names are not generally allowed by airlines, but you will have to cancel your booking and make a new one if this happens.

 

One-way combinations as return flights

In some cases, in order to provide special return fares, we combine two one-way fares on different airlines or on the same airline. This means that You will have two separate bookings (one for your outbound flight and one for your inbound flight) and each booking will have its own fare rules. If You need to cancel one of the flights, it is possible to keep the other. Any cancellations, schedule changes or other modifications to one of the flights will not affect the other flight, and the fare rules of the other flight will still apply. For example, if You cancel one of the flights, the other airline is not obliged to refund the other part of the journey and offer You a change of itinerary. You may incur costs of any change with the other flight if it is necessary.

 

Low-cost airline flights

In the event You chose a low-cost airline to fly, please check accurately the rules applying to your air fare, particularly the existence of ancillary services which are not included in the price of the air ticket and note that your flight may depart from a smaller, regional and/or secondary airport. The airport is always displayed before the purchase in flight details section.

 

Annex 2. Specific information for hotels

We reserve a space on this Platform for travel providers that offer hotels and accommodation services. Please note that the booking of accommodation will be set up between You and such travel providers. Ojimah does not intermediate in this transaction, but rather acts as an information service provider consisting of the provision of content or related search tools, according to Mauritius directive on e-commerce:

 

It is IMPORTANT that You check the terms and conditions of your travel provider and the description of the hotel or accommodation establishment before booking. For reference purposes, we recommend You to check the following:

 

Classification with stars. Please note that rules and criteria can be different between hotels and accommodation establishment of the same class in different countries, and even within the same country. Different countries have different regulations: a 3-star hotel in one country is not necessarily the same as a 3-star hotel in another.

 

Check-in/check-out time. Generally guests must register at a hotel or other establishment around 15:00 and check-out by 11:00 local time. Nevertheless, local variations may apply.

 

Pictures. We do our best to ensure that pictures of establishments and descriptions of facilities and services that appear on our Platform, as provided by the travel providers, are accurate, but we cannot guarantee this is always the case.

 

Location. We do our best to offer You the most exact information on a hotel’s map location, as provided by the travel providers and/or Google Maps, but we cannot guarantee this is always the case.

 

Room types. Pictures and descriptions of room types do not necessarily represent the exact bed configuration of the room. For example, a triple room in North America may consist of a double bed and a single bed or a double room in Austria may consist of two single beds. In addition, there may be an extra charge for supplementary beds or cots.

 

Breakfast. Normally, breakfast is not included unless otherwise is specifically stated.

Local taxes. Some hotels may charge local taxes when you stay in.

 

Annex 3. Specific information for other products and services

 

We also reserve a space on this Platform for travel and non-travel providers that offer products and services such as cruises, car rental, leisure activities, etc. Please note that the purchase of these services will be set up between You and such travel providers and that they are not Travel Packages (without prejudice of the application of any mandatory local regulation). Ojimah does not intermediate in this transaction, but rather acts as an information service provider consisting of the provision of content or related search tools, according to Mauritius directive on e-commerce.

 

Annex 4. Specific information for eVisa

 

eVisas are non-refundable therefore, no refund of any form will be offered.

 

Annex 5. Specific information for Lounge Pass

 

Airport Lounge Pass are non-refundable unless the customer is not granted access to the airport lounge by the agents/receptionists due to a technical problem from our side.

 

Annex 6. Specific information for eSim

 

eSIM are non-refundable unless the eSIM cannot be installed and used due to a technical problem from our side. No refund of any form will be offered for the remaining data when the validity period expires.

 

Compensation: No refund or remuneration of any kind will be issued due to charges from alternate phones, alternate SIM cards, alternate providers, hotel phones, or other charges that are not directly linked to the Customer's Ojimah eSIM account.

 

Annex 7. Specific information for Auto Check-In

 

Auto check-in are non-refundable therefore, no refund of any form will be offered.