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USE OF THIS SITE:

This site or any portion of this site may not be reproduced, or used for any commercial purpose that is not expressly permitted by Fernweh Afrika.  Fernweh Afrika reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Fernweh Afrika believes that customer conduct violates applicable law or is harmful to the interests of Fernweh Afrika and its affiliate companies.

FEEDBACK

Fernweh Afrika enables visitors to its site to post reviews, comments, suggestions of any nature for example promotional campaigns, design ideas etc or any other content on the site, you grant Fernweh Afrika non exclusive, royalty free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews, comments, or other content through out the world in any media.  You also grant Fernweh Afrika and its affiliate companies and sublicencees the right to use the name that you submit with any review, comments or other content, if any, in connection with such review, comment, or other content.  You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this site and that use of your reviews, comments, or other content by Fernweh Afrika will not infringe upon or violate the right of any third party.

DISCLAIMER

THIS SITE IS PROVIDED BY FERNWEH AFRIKA ON AN “AS IS” BASIS.  FERNWEH AFRIKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FERNWEH AFRIKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FERNWEH AFRIKA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES

APPLICABLE LAW

This site is created and controlled by Fernweh Afrika in the Republic of Kenya, as such, the laws of Kenya will govern these disclaimers with giving effect to any principles of conflicts of laws.  We reserve the right to make changes to our site and these disclaimers and terms, at any time.

LIMITATION OF LIABILITY

User expressly agrees that the use of fernwehafrika.de is at user’s sole risk.  Neither Fernweh Afrika nor its affiliates, nor any of their officers, directors, or employees, agents, third party content providers, merchants, sponsors, licensers,  or the like, warrant that Fernweh Afrika will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of fernwehafrika.de, or as to the accuracy, reliability, or currency or any information content, service, or merchandise provided through fernwehafrika.de.

Under no circumstances shall Fernweh Afrika or any other party involved in creating, producing, or distributing fernwehafrika.de be liable for any direct, indirect, incidental, special, or any consequential damages that result from the use of/or inability to use Fernweh Afrika, including but not limited to reliance by a user on any information obtained from fernwehafrika.de or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Fernweh Afrika’s records, programs, or services.  User hereby acknowledges that this paragraph shall apply to content, merchandise, and services available through fernwehafrika.de

ELECTRONIC COMMUNICATIONS

When you communicate with us electronically, you agree that all notices, agreements, disclosures and any other form of communication that we provide to you electronically does satisfy any and all legal requirement that such communications be in writing

COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS

fernwehafrika.de respects the intellectual property rights of others. In the event you feel that your copyrighted work or trademark mark has been infringed upon on this site please contact us by using the address below

Please note that in instances where Fernwehafrika.de purchases services/products from various suppliers that claim to have full rights to sell their services/products to Fernwehafrika.de for sale and/or display on our site.  When we receive any genuine claim we will remove any such actual or alleged infringing service/products from the site pending our investigation.

Procedure for Making Claims

To exclusively notify Fernwehafrika.de that your intellectual property rights have been infringed upon please contact us using the following address

Fernweh Afrika

Legal Affairs

P.O.Box 3171-00506

Nairobi, Kenya

THIRD PARTY CONTENT

fernwehafrika.de is a distributor and not a publisher of content supplied by third party and users.  fernwehafrika.de has no more editorial control over such content.  Any opinions, advice, statements, services, offers, or other information that constitutes parts of the content expressed or made available by third parties, including providers or any user of fernwehafrika.de, are those of the respective authors or distributors and not of fernwehafrika.de or its affiliates or any of their officers, directors, employees, or agents.  Neither Fernweh Afrika nor its affiliates nor any of the officers, directors, employees, or agents, nor any third party, including any provider, or any other user of fernwehafrika.de, guarantees the accuracy, completeness, or use fullness of any content, nor its merchantability or fitness for any purpose.  In many instances the content available through fernwehafrika.de represents the opinions and judgments of the respective provider, or user is responsible for the accuracy or reliability of any opinion, advice, or statement made on fernwehafrika.de by anyone other than authorized fernwehafrika.de employees.  Under no circumstances shall fernwehafrika.de, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a user’s reliance on information obtained through fernwehafrika.de.  It is the responsibility of the user to evaluate the information, opinion, advice, or other content available through fernwehafrika.de

If Fernwehafrika.de is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by user (e.g through a blog, discussion forum), Fernwehafrika.de may investigate the allegations and determine in its sole discretion whether to remove or request the removal of such content from Fernwehafrika.de.  Fernwehafrika.de may disclose any content or electronic communication of any kind (1.); to satisfy any law, regulation, or government request; (2.) if such disclosure is necessary or appropriate to operate Fernwehafrika.de or (3.) to protect the rights or property of Fernwehafrika.de, its users or providers.

 Fernwehafrika.de reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, Fernwehafrika.de, the communities that make up Fernwehafrika.de, or any rights of Fernwehafrika.de, or any third party, or to violate any applicable law, notwithstanding the foregoing, neither Fernwehafrika.de nor its providers can ensure prompt removal of questionable content after online posting.  Accordingly, neither Fernwehafrika.de, nor its affiliates, nor any of their officers, directors, employees, or agents, nor providers, shall assume liability for any action or inaction with respect to conduct, communication, or content on Fernwehafrika.de

USAGE BY CHILDREN UNDER 18

Fernwehafrika.de cannot prohibit minors from visiting this site.  Fernwehafrika.de must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchaseFernwehafrika.de requires that all purchases be made either  (1.) by individuals 18 years of age or (2.) by minors under 18 through a Fernwehafrika.de authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors, to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy.  EACH TIME YOU PURCHASE A PRODUCT OR SERVICE AT Fernwehafrika.de, YOU ARE REPRESENTING TO Fernwehafrika.de THAT YOU ARE EITHER (1.) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (2.) A MINOR UNDER 18 WHO IS PURCHASING THROUGH A Fernwehafrika.de AUTHORISED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear at the site.  However, as the actual colours you will see will depend on your monitor, we cannot guarantee that your monitor’s display will be accurate 

INDEMNIFICATION

You agree to defend, indemnify and hold Fernwehafrika.de harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the site

MISCELLANEOUS

Unless otherwise specified and except to the extent Fernwehafrika.de products and services are offered for sale in East Africa through this site, this site and the contents thereof are displayed solely for the purpose of promoting Fernwehafrika.de’s products and services available in east Africa and select foreign markets.  You accept financial responsibility for all transactions made under your name or account.   This site is controlled and operated by Fernwehafrika.de from its offices in Nairobi, Kenya

TERMINATION 

This agreement is effective unless and until terminated by either you or Fernwehafrika.de.  You may terminate this agreement at any time.  Fernwehafrika.de may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in Fernwehafrika.de’s sole discretion you fail to comply with any term or provision of this agreement.  Upon any termination of this agreement by either you or Fernwehafrika.de, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this agreement or otherwise