Terms of Use

Effective Date: 1^st January 2025  |  Version 3.1

1. DEFINITIONS & RULES OF INTERPRETATION

In these Terms, unless the context otherwise requires: (a) words importing the singular shall include the plural and vice versa; (b) words importing any gender shall include all genders; (c) references to "Clauses," "Sections," or "Paragraphs" are references to clauses, sections, or paragraphs of these Terms; (d) headings are inserted for convenience only and shall not affect the interpretation of these Terms; (e) any reference to a statute or statutory provision includes any subordinate legislation made under it and any statute or provision which amends, consolidates, re-enacts, or supersedes it; (f) the rule known as the ejusdem generis rule shall not apply, and general words introduced by the word "other" or "including" shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters, or things.

2. ACCEPTANCE OF TERMS & RESERVATION OF RIGHT TO MODIFY

2.1 Unconditional Acceptance

Your access to and use of the Platform is expressly conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Platform, you represent and warrant that you possess the legal capacity to enter into a binding contract under the laws of your jurisdiction of residence and, in any event, that you have attained the age of majority. If you are accessing or using the Platform on behalf of a juridical person, organisation, or other entity, you further represent and warrant that you are duly authorised to bind such entity to these Terms.

2.2 Unilateral Right of Modification

The Company reserves the right, exercisable in its sole and absolute discretion, without prior notice to you and without incurring any liability whatsoever, to modify, amend, supplement, restate, or replace these Terms at any time and from time to time. Any such modifications shall become effective immediately upon the posting of the revised Terms on the Platform, or upon such later date as may be specified therein. Your continued use of the Platform following the effective date of any modification shall constitute your irrevocable and unconditional acceptance of the modified Terms. You are accordingly enjoined to periodically review these Terms to remain apprised of your obligations. The Company disclaims any duty to provide individualised notice of modifications beyond the posting of the revised Terms on the Platform.

2.3 Additional Terms

Certain areas of the Platform, or specific Services offered through the Platform, may be subject to additional terms and conditions, policies, guidelines, or rules (collectively, "Additional Terms"). Such Additional Terms are hereby incorporated into these Terms by this reference. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail with respect to the specific Service or area to which they apply.

3. NATURE OF SERVICES & INTERMEDIARY STATUS

3.1 Intermediary Platform

The Company operates solely as an intermediary platform that facilitates connections between Users and Third-Party Providers. The Company does not own, operate, control, manage, or supervise any of the vehicles, tour operations, accommodations, or other products and services that are booked through the Platform. The Company is not a common carrier, tour operator, vehicle rental company, accommodation provider, or travel agent in the traditional sense, and the Company does not hold itself out as such.

3.2 No Principal-Agent Relationship

Nothing in these Terms shall be construed as creating a relationship of principal and agent, partnership, joint venture, or employment between the Company and any Third-Party Provider. Each Third-Party Provider is an independent contractor operating under its own trade name and at its own risk, and the Company exercises no control over and assumes no responsibility for the acts, omissions, representations, warranties, or defaults of any Third-Party Provider.

3.3 Independent Contractual Relationship

Any contractual relationship arising from a booking made through the Platform shall be exclusively between the User and the relevant Third-Party Provider. The Company is not, and shall not be deemed to be, a party to any such contract, and the Company assumes no obligations, liabilities, or responsibilities thereunder. The User acknowledges and agrees that any claim, cause of action, or demand arising out of or in connection with the products or services provided by a Third-Party Provider shall be directed solely against that Third-Party Provider, and the User hereby irrevocably waives any right to bring such claim against the Company.

4. DISCLAIMER OF REPRESENTATIONS & WARRANTIES

4.1 "As Is" and "As Available" Basis

The Platform and all Services, Content, and materials made available through the Platform are provided on an "as is" and "as available" basis, without any representation, warranty, or condition of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties, including but not limited to:

• Any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement;
• Any warranty arising from course of dealing, course of performance, or usage of trade;
• Any warranty that the Platform will be uninterrupted, timely, secure, error-free, or free from viruses, malware, or other harmful components;
• Any warranty that the Content is accurate, complete, reliable, current, or error-free;
• Any warranty regarding the quality, safety, suitability, legality, or availability of any Third-Party Provider's products or services;
• Any warranty that defects or errors in the Platform will be corrected.

4.2 No Endorsement

The Company does not endorse, recommend, or vouch for any Third-Party Provider, User, product, service, or content referenced on or accessible through the Platform. Any opinions, advice, statements, offers, or other information expressed or made available by third parties are those of the respective authors or distributors and not of the Company.

4.3 User Reliance at Own Risk

The User acknowledges and agrees that any reliance upon any Content, materials, information, or representations on the Platform shall be at the User's sole risk and discretion. The User is solely responsible for verifying the accuracy, completeness, and suitability of any information before relying on it, and the User is encouraged to conduct independent due diligence before entering into any transaction with a Third-Party Provider.

5. LIMITATION OF LIABILITY & EXCLUSION OF DAMAGES

5.1 Exclusion of Consequential and Incidental Damages

To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, and their respective directors, officers, shareholders, employees, agents, contractors, successors, and assigns (collectively, the "Company Parties") be liable to the User or to any third party for any indirect, incidental, special, exemplary, punitive, reliance, or consequential damages of any kind whatsoever, including but not limited to damages for loss of profits, loss of revenue, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss of data, business interruption, personal injury, death, property damage, or any other pecuniary or non-pecuniary loss, howsoever caused and regardless of the theory of liability, whether in contract, tort (including negligence), strict liability, breach of statutory duty, indemnity, contribution, or otherwise, and even if the Company Parties have been advised of the possibility of such damages or if such damages were reasonably foreseeable.

5.2 Cap on Direct Damages

Notwithstanding anything to the contrary contained in these Terms, the aggregate, cumulative, and total liability of the Company Parties to the User for all claims, demands, causes of action, losses, damages, costs, and expenses of any nature whatsoever arising out of or in any way connected with these Terms, the Platform, the Services, or any transaction facilitated through the Platform, whether in contract, tort (including negligence), strict liability, or otherwise, shall not, under any circumstances, exceed the greater of: (a) the aggregate amount of fees actually paid by the User to the Company (and not to any Third-Party Provider) during the twelve (12) calendar months immediately preceding the event giving rise to the claim; or (b) one hundred United States Dollars (USD 100.00). The existence of multiple claims or multiple claimants shall not enlarge or extend this limitation.

5.3 Allocation of Risk

The User expressly acknowledges and agrees that the disclaimers, exclusions, and limitations of liability set forth in these Terms constitute an essential element of the bargain between the parties, that the Company would not have made the Platform and Services available to the User without these disclaimers, exclusions, and limitations, and that these provisions represent a reasonable and fair allocation of risk between the parties. The User further acknowledges that the fees charged by the Company for the use of the Platform have been calculated in reliance upon these disclaimers, exclusions, and limitations.

5.4 Exclusion for Third-Party Conduct

Without limiting the generality of the foregoing, the Company Parties shall have no liability whatsoever for any loss, damage, injury, death, delay, inconvenience, or expense of any kind arising out of or in connection with:

• Any act, omission, negligence, wilful misconduct, fraud, misrepresentation, or breach of duty by any Third-Party Provider or any of its employees, agents, or subcontractors;
• Any defect, malfunction, breakdown, or failure of any vehicle, equipment, or facility provided by a Third-Party Provider;
• Any road traffic accident, collision, or incident involving a vehicle hired through the Platform, regardless of fault;
• Any theft, loss, or damage to personal property occurring during the provision of services by a Third-Party Provider;
• Any cancellation, delay, diversion, or overbooking by any Third-Party Provider;
• Any failure by a Third-Party Provider to maintain adequate insurance coverage;
• Any dispute between the User and a Third-Party Provider, including disputes regarding pricing, billing, quality of service, or contractual interpretation;
• Any act of God, natural disaster, adverse weather conditions, epidemic, pandemic, quarantine restriction, civil commotion, riot, insurrection, war, terrorism, strike, lockout, or any other Force Majeure Event.

5.5 No Liability for User-Generated Content

The Company Parties assume no responsibility and shall have no liability for any Content that any User or third party posts, transmits, or otherwise makes available through the Platform, including but not limited to any defamatory, offensive, misleading, fraudulent, or illegal Content. The Company Parties shall not be liable for any loss or damage incurred as a result of the User's reliance on any such Content.

6. INDEMNIFICATION & HOLD HARMLESS

The User agrees to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees, court costs, and expert witness fees) arising out of or in any way connected with:

• The User's breach or alleged breach of any provision of these Terms or any Additional Terms;
• The User's violation or alleged violation of any applicable law, regulation, or third-party right;
• The User's use of or access to the Platform, including any use by a third party using the User's account credentials;
• Any Content the User submits, posts, transmits, or otherwise makes available through the Platform;
• The User's interaction with any Third-Party Provider, including but not limited to any dispute, claim, or cause of action arising therefrom;
• Any personal injury, death, or property damage arising out of or in connection with the User's participation in any activity booked through the Platform;
• Any negligent, reckless, or intentionally wrongful act or omission by the User.

The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate fully with the Company in asserting any available defences. The User shall not, in any event, settle any claim or matter without the prior written consent of the Company, which consent shall not be unreasonably withheld or delayed.

7. USER REPRESENTATIONS, WARRANTIES & COVENANTS

7.1 General Representations

By using the Platform, the User represents, warrants, and covenants that:

• The User possesses the legal capacity and authority to enter into these Terms and to perform all obligations hereunder;
• All information provided by the User to the Company is true, accurate, current, and complete in all material respects, and the User shall promptly update such information as necessary to maintain its accuracy;
• The User shall use the Platform solely for lawful purposes and in strict compliance with all applicable local, national, and international laws, statutes, ordinances, regulations, and codes of practice;
• The User shall not use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party's use and enjoyment of the Platform;
• The User shall not attempt to gain unauthorised access to any portion of the Platform, any other systems or networks connected to the Platform, or any servers on which the Platform is hosted;
• The User shall not use any automated means, including but not limited to robots, spiders, scrapers, or data mining tools, to access, monitor, or copy any Content or information from the Platform without the Company's express prior written consent;
• The User holds and shall maintain throughout the period of any vehicle hire a valid driving licence or international driving permit appropriate for the category of vehicle hired, and the User acknowledges that the presentation of fraudulent, expired, or otherwise invalid driving documentation constitutes a material breach of these Terms and may result in criminal referral.

7.2 Prohibited Activities

The User shall not, directly or indirectly, engage in any of the following prohibited activities:

• Violating or attempting to violate the security of the Platform, including accessing data not intended for the User or logging into an account which the User is not authorised to access;
• Uploading, posting, transmitting, or otherwise making available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting the User's affiliation with any person or entity;
• Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Platform;
• Interfering with or disrupting the Platform, its servers, or networks connected to the Platform;
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law;
• Using the Platform to solicit, advertise, or market any products or services other than those offered by the Company through the Platform, without the Company's express prior written consent;
• Circumventing, disabling, or otherwise interfering with any security-related features of the Platform or features that prevent or restrict use or copying of any Content.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

The Platform and all Content contained therein, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation and arrangement thereof, are the exclusive property of the Company or its licensors and are protected by the copyright, trademark, and other intellectual property laws of the Republic of Uganda, as well as applicable international conventions and treaties. The Company reserves all rights not expressly granted to the User under these Terms.

8.2 Limited Licence

Subject to the User's strict compliance with these Terms, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for the User's personal, non-commercial purposes. This licence does not include any right to: (a) modify, adapt, translate, or create derivative works based on the Platform or any Content; (b) reproduce, distribute, publicly display, or publicly perform any Content without the Company's express prior written consent; (c) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Platform; or (d) remove, obscure, or alter any copyright, trademark, or other proprietary notices affixed to or contained within the Platform.

8.3 Trademarks

The names, logos, service marks, and trade dress displayed on the Platform (collectively, the "Marks") are the registered and unregistered trademarks of the Company or its licensors. Nothing contained on the Platform shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Mark without the prior written permission of the Company or the relevant third-party owner. The User shall not use, reproduce, or display any Marks in any manner that is likely to cause confusion, mistake, or deception, or that disparages or dilutes the distinctive quality of the Marks.

9. THIRD-PARTY LINKS & EXTERNAL RESOURCES

The Platform may contain hyperlinks, pointers, or references to websites, applications, or resources operated by third parties. Such links are provided solely as a convenience to the User and do not constitute an endorsement, sponsorship, or recommendation by the Company of the content, products, services, or practices of such third-party sites. The Company has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party websites. The User acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services. The User is encouraged to read the terms and conditions and privacy policies of any third-party website that the User visits.

10. TERMINATION, SUSPENSION & SURVIVAL

10.1 Termination by User

The User may terminate these Terms at any time by ceasing all use of the Platform and, where the User has registered an account, by closing such account through the account settings or by providing written notice to the Company.

10.2 Termination or Suspension by Company

The Company reserves the right, exercisable in its sole and absolute discretion, without prior notice and without incurring any liability whatsoever, to suspend, restrict, or terminate the User's access to the Platform, or any portion thereof, at any time and for any reason or for no reason, including but not limited to: (a) the User's breach or suspected breach of any provision of these Terms; (b) the User's engagement in any conduct that the Company, in its sole discretion, deems to be harmful to the Platform, the Company, other Users, or third parties; (c) a request from law enforcement or other governmental authority; (d) unexpected technical or security issues; or (e) the discontinuance or material modification of the Platform or any Service.

10.3 Survival of Provisions

Upon termination of these Terms, all rights and obligations of the parties shall cease, save that the following provisions shall survive termination and continue in full force and effect: Sections 1 (Definitions), 4 (Disclaimer of Warranties), 5 (Limitation of Liability), 6 (Indemnification), 8 (Intellectual Property), 10 (Termination), 11 (Governing Law), 12 (Dispute Resolution), 13 (Severability), 14 (Waiver), 15 (Entire Agreement), and any other provision that by its nature is intended to survive termination.

11. GOVERNING LAW & JURISDICTIONAL COMPETENCE

These Terms and all matters arising out of or relating to them, including but not limited to their existence, validity, interpretation, construction, performance, breach, termination, and enforcement, as well as any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the substantive laws of the Republic of Uganda, without giving effect to any choice-of-law or conflict-of-laws principles that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.

12. DISPUTE RESOLUTION & ARBITRATION

12.1 Amicable Resolution

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms (a "Dispute"), the parties shall first attempt to resolve the Dispute amicably through good-faith negotiations. The party raising the Dispute shall provide the other party with a written notice setting forth in reasonable detail the nature of the Dispute and the relief sought. The parties shall have a period of thirty (30) calendar days from the date of receipt of such notice to resolve the Dispute through negotiation.

12.2 Exclusive Jurisdiction

In the event that the parties fail to resolve the Dispute through negotiation within the thirty-day period specified in Section 12.1, the Dispute shall be submitted to the exclusive jurisdiction of the courts of the Republic of Uganda sitting in Kampala. The User hereby irrevocably submits to the personal jurisdiction of such courts and waives any objection to the laying of venue in such courts, including any objection based on forum non conveniens. The User further agrees that any claim or cause of action arising out of or relating to these Terms must be brought within one (1) year after such claim or cause of action arose, or be permanently barred.

12.3 Class Action Waiver

To the fullest extent permitted by applicable law, the User agrees that any Dispute shall be resolved on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding. The User waives any right to participate in a class action lawsuit or class-wide arbitration against the Company or any of the Company Parties.

13. SEVERABILITY & REFORMATION

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. The parties further agree that the court making such determination shall have the power to modify or reform the invalid, illegal, void, or unenforceable provision to the minimum extent necessary to render it valid, legal, and enforceable, while preserving as closely as possible the original intentions of the parties as expressed in these Terms.

14. WAIVER & ACQUIESCENCE

No failure or delay by the Company to exercise any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any further or other exercise thereof or the exercise of any other right, power, or remedy. The rights, powers, and remedies provided in these Terms are cumulative and not exclusive of any rights, powers, or remedies provided by law. No waiver shall be effective unless it is expressly stated to be a waiver, set forth in writing, and signed by an authorised representative of the Company.

15. ENTIRE AGREEMENT & MERGER

These Terms, together with the Privacy Policy and any Additional Terms applicable to specific Services, constitute the entire and exclusive agreement between the User and the Company concerning the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, representations, warranties, negotiations, and communications, whether oral or written, between the parties relating to such subject matter. The User acknowledges and agrees that in entering into these Terms, the User has not relied on and shall have no right or remedy in respect of any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.

16. ASSIGNMENT & NOVATION

The User shall not assign, transfer, charge, subcontract, delegate, declare a trust over, or deal in any other manner with any or all of its rights and obligations under these Terms without the Company's prior written consent, such consent not to be unreasonably withheld. The Company may assign, transfer, novate, or otherwise deal with its rights and obligations under these Terms, in whole or in part, at any time and without the User's consent, including in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section shall be null and void ab initio.

17. FORCE MAJEURE & SUPERVENING IMPOSSIBILITY

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by a Force Majeure Event. For the purposes of these Terms, a "Force Majeure Event" shall mean any event, circumstance, or condition beyond the reasonable control of the Company, including but not limited to: acts of God; natural disasters (including floods, earthquakes, hurricanes, volcanic eruptions, landslides, and tsunamis); epidemics, pandemics, plagues, and quarantine restrictions; war (whether declared or undeclared), hostilities, invasion, act of foreign enemy, civil war, rebellion, revolution, insurrection, riot, civil commotion, military or usurped power, or terrorism; nuclear, chemical, or biological contamination; fire, explosion, or structural collapse; strikes, lockouts, or industrial disputes (whether involving the Company's workforce or that of any third party); interruption or failure of utility services, telecommunications networks, or the internet; embargo, blockade, sanction, or trade restriction; governmental action, including expropriation, nationalisation, requisition, or compulsory acquisition; and any change in law, regulation, or government policy that renders the performance of these Terms illegal or impracticable.

18. ELECTRONIC COMMUNICATIONS & E-SIGNATURES

The User acknowledges and agrees that all communications between the User and the Company may be conducted electronically. The User consents to receive communications from the Company in electronic form, including via electronic mail and by posting notices on the Platform. The User agrees that all agreements, notices, disclosures, and other communications that the Company provides to the User electronically satisfy any legal requirement that such communications be in writing. The User further agrees that the use of a keyboard, mouse, or other device to select an item, button, icon, or similar act/action, or to otherwise provide assent, or in accessing or making any transaction regarding any agreement, acknowledgement, consent, or terms, constitutes a valid and binding electronic signature and acceptance of such terms.

19. NOTICES & COMMUNICATIONS

All notices, requests, demands, and other communications to the Company under these Terms shall be in writing and shall be addressed to:

• Electronic Mail: ugxplora@gmail.com
• Telephone: +256 757 904 596
• Postal Address: Legal Department, Bash Tours & Travel, Kampala, Republic of Uganda

Notices to the User shall be deemed effectively given when sent to the electronic mail address or postal address associated with the User's account, or when posted on the Platform.

Last Updated: 1^st January 2025  |  © Bash Tours & Travel — Powered by Ugxplora. All rights reserved. No part of these Terms may be reproduced, distributed, or transmitted in any form or by any means without the prior written permission of the Company.