TERMS OF SERVICE – JOIN AFRICA APP

Effective Date: 12th May 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING, ACCESSING, OR USING THE JOIN AFRICA MOBILE APPLICATION ("APP"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (LOCATED AT joinafrica.com/privacy-policy). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE APP.

These Terms of Service ("Terms") govern your access to and use of the Join Africa app and associated services ("Services") provided by JOINUK KENYA LIMITED ("Company," "we," "us," or "our").

1. Introduction & Acceptance of Terms

Welcome to Join Africa! Our app is designed for Safari Guides in Kenya to share their experiences through stories and posts, access digital animal guidebooks provided by us, and connect with a community. These Terms constitute a legally binding agreement between you and the Company regarding your use of the Services. Your use of the App signifies your acceptance of these Terms and your agreement to comply with them.

2. Eligibility & User Accounts

Eligibility: You must be at least 18 years old and legally capable of entering into binding contracts to use the App. By using the App, you represent and warrant that you meet these requirements.

Registration: You may need to register for an account to access certain features. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.

3. User-Generated Content (Stories, Posts)

Your Content: You retain ownership of the copyright and any other intellectual property rights you hold in the content you create, post, upload, or otherwise submit to the App, including text, photos, videos, and posts ("User Content"). (Note: Digital guidebooks are NOT User Content; see Section 6).

License Grant to Company: By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, and perform the User Content in connection with operating, developing, providing, promoting, and improving the Services and the Company's business. This license is solely for the purpose of operating and improving the App and promoting its features (e.g., featuring a user's story or post).

Responsibility for Content: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the license set forth above.
  • Your User Content does not violate the rights of any person or entity.
  • Your User Content complies with our Acceptable Use Policy (see Section 4).

Accuracy of User Information: You agree to strive for accuracy and responsible representation in all User Content you submit. However, the Company does not verify and is not liable for the accuracy of User Content.

Monitoring and Removal: We do not actively monitor all User Content but reserve the right to review, screen, refuse, or remove any User Content at our sole discretion, especially if it violates these Terms or our Acceptable Use Policy.

4. Acceptable Use Policy & Content Standards

You agree not to use the Services to post or distribute content that:

  • Is illegal or promotes illegal activity.
  • Violates third-party rights.
  • Is defamatory, threatening, abusive, or otherwise objectionable.
  • Contains false or misleading information.
  • Promotes unethical interactions with wildlife.
  • Is sexually explicit or pornographic.
  • Constitutes spam or unsolicited promotions.
  • Contains viruses or harmful code.
  • Impersonates another person or misrepresents affiliation.
  • Attempts to compromise the Service's security or functionality.
  • Collects data without permission.

We may take legal action, remove content, or terminate accounts for violations.

5. Data Protection and Privacy (Compliance with Kenyan Law)

Our data practices comply with the Kenyan Data Protection Act, 2019. By using the App, you consent to the processing of your personal data as described in our Privacy Policy.

Your Rights: Under the DPA, you have rights including access, correction, erasure, and objection to processing. See our Privacy Policy for more details.

Data Security: We take appropriate measures to secure your data.

6. Intellectual Property Rights (Company's Rights)

Excluding User Content, all elements of the App are owned by the Company or its licensors. You are granted a limited license to use the App for personal, non-commercial purposes.

7. Copyright Infringement

If you believe your copyright is infringed, notify us per the procedure outlined in our Copyright Policy.

8. Disclaimers

The Services are provided "as is" and "as available" without warranties. Use the Services and content at your own risk.

9. Limitation of Liability

To the fullest extent allowed by law, the Company is not liable for indirect or consequential damages. Total liability is limited to KES 1,000 or the amount paid in the last 6 months.

10. Indemnification

You agree to indemnify the Company from any claims arising from your use of the Services or User Content.

11. Termination

We may terminate access without notice for violations. You may terminate by ceasing use or contacting us.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya. Disputes shall be resolved by courts in Nairobi, Kenya.

13. Changes to Terms

We may update these Terms and notify you of material changes. Continued use implies acceptance of updated Terms.

14. Miscellaneous

  • Entire Agreement: These Terms and the Privacy Policy constitute the full agreement.
  • Severability: Invalid terms are removed without affecting the rest.
  • No Waiver: No waiver applies unless in writing.
  • Assignment: You may not transfer rights; we may assign ours.

15. Contact Information

JOINUK KENYA LIMITED
The Promenade, General Mathenge, Westlands, Nairobi, P.O 63170
info@joinafrica.com