Terms and Conditions

These Terms and Conditions, together with any additional documentation applicable according to the type of products, services or entity, govern the use of and access to the Services provided by Casa Safari, Lda., (the “CASAFARI”).

From the 06.04.2023, all new Spanish clients (i.e. have a Spanish VAT number) will celebrate these Terms and Conditions with Casafari Spain, SL.

Before using, or registering to use, the CASAFARI Platform and Services, the Client must carefully read these Terms and Conditions. These Terms and Conditions constitute a legally binding agreement between CASAFARI and the Client. By clicking on Agree and Continue, the Client confirms that they have read and accepted these Terms and Conditions.

PRELIMINARY NOTES:

1 . By downloading, installing, accessing or using the Platform, the Client agrees to be bound by these Terms and Conditions. If the Client does not agree to these Terms and Conditions, they should not proceed with the download, installation, or use of the CASAFARI Platform and/or Services;
2. When the acceptance of this Agreement is made by someone acting on behalf of another person or entity, that person must have the necessary legitimacy and powers to act on behalf of the person or entity and thus bind them to these Terms and Conditions.
1. Definitions and Interpretation
1. 1.1. In these Terms and Conditions, unless the context requires a different interpretation, the following expressions shall be interpreted as described below:
  1. 1.1.1. “Client” – an individual or legal entity (as applicable) who accepts this Agreement and is acquiring the Service online via www.casafari.com;
  2. 1.1.2. “Account” – an account through which users access and use the Platform;
  3. 1.1.3. “Client Contact” – electronic data or information sent by the Client to the online Services through the checkout page available on www.casafari.com;
  4. 1.1.4. “Agreement” – the contract between the Parties for the provision of Services, as set out in these Terms and Conditions, including any amendments or updates that may be periodically required.
  5. 1.1.5. “Client Data” – data, content, and materials: (i) uploaded or stored on the Platform by the Client; (ii) transmitted or organized by the Platform at the request of the Client; (iii) provided by the Client to CASAFARI for uploading, transmitting or storing on the Platform; (iv) or generated by the Platform as a result of the use of the Services, as agreed with the Client (excluding analytical data related to the use of the Platform and server log files);
  6. 1.1.6. “Effective Date” – the date on which the Client subscribes to the Services via www.casafari.com, upon acceptance of these Terms and Conditions;
  7. 1.1.7. “Business Day” – days that are not a Saturday, Sunday or national holiday;
  8. 1.1.8. “Company” or “CASAFARI” means the company Casa Safari, Lda., headquartered in Portugal;
  9. 1.1.9. “CASAFARI Affiliates” – commercial companies that directly or indirectly control or are controlled by Casa Safari, Lda., or that are jointly controlled with it by another entity. For the purposes of these Terms and Conditions, “control” means the direct or indirect ownership of more than 50% of the share capital or voting power of the entity in question.
  10. 1.1.10. “Confidential Information” – any information of one Party transmitted or accessed by the other Party under this Agreement (whether in writing, orally, or otherwise) that is not in the public domain, regardless of whether the disclosing Party identifies it expressly as confidential. Among other things, confidential information includes: the data of each Party; proprietary software and computer operations of each Party; all code, inventions, algorithms, business concepts, workflow, marketing, financial information, trade secrets, and technical and business information; the specific terms and pricing under this Agreement, authentication credentials associated with the use of the Services, personal data, as well as any information identified as confidential by either Party.
  11. 1.1.11. “Legislation on personal data protection” – applicable legislation on the processing of personal data, including the General Data Protection Regulation (Regulation (EU) 2016/679);
  12. 1.1.12. “Subscription Option” – means the type of Service chosen by the Client via www.casafari.com, or defined in the Order Form signed with Casafari, including the type of product and its particular characteristics, such as: Service duration period, accounts, automatic renewal period and term (in accordance with clause 6.2), historical days interval, search alerts, favorites, daily page display limit and agency details;
  13. 1.1.13. “Platform” – platform managed by CASAFARI through which CASAFARI provides its Services to the Client;
  14. 1.1.14. “Term” – term as defined in clause 5.1. of this Agreement.
  15. 1.1.15. “Intellectual Property” – patents, patent rights, copyright, including rights over databases or any works that can be protected by copyright, including but not limited to, text, images, or video, trade secrets, know-how, registered trademarks, trade names, as well as other intellectual property rights under the Platform or the Services, whether existing at present or in the future, including those pending registration.
  16. 1.1.16. “Services” – services provided or to be provided to the Client under these Terms and Conditions;
  17. 1.1.17. “Site” – the webpage www.casafari.com;
  18. 1.1.18. “Prices” – the amount payable by the Client as consideration for the provision of Services, in accordance with the applicable Subscription Option;
  19. 1.1.19. “User” – a natural person, over 18 years old, who holds an account and uses and has access to the Platform.

2. Provision of Services:
1. 2.1. Service: From the Effective Date and for the duration of the Contract, CASAFARI undertakes to provide the Services to the Client.
  1. 2.1.1. CASAFARI reserves the right, at its sole and absolute discretion, and without prior notice, to periodically introduce changes and updates to improve the Service, without prejudice to the provisions of clause 5.
2. 2.2. Registration: The Client Contact will provide the details for registration on www.casafari.com and for the creation of the Account and password configuration.
  1. 2.2.1. CASAFARI will create an Account for the Client and provide them with the necessary login details for that Account.
1. 2.3. Client’s Obligations: The Client shall ensure that: (i) its workers, agents, and subcontractors act in accordance with this Agreement, including all specific applicable restrictions and be responsible for their actions; (ii) it adopts all commercially reasonable efforts to prevent unauthorized access or use of the Services, and promptly notifies CASAFARI of any unauthorized access or use; (iii) it uses the Service in accordance with the terms and conditions of this Agreement and applicable legislation.
  1. 2.3.1. Although not legally required to do so, CASAFARI may monitor the Client’s use of the Service, as well as prohibit any use of the Service that it believes (or alleges) violates the above or any applicable legal provisions.
  2. 2.3.2. It is the Client’s responsibility to obtain and maintain the necessary equipment and auxiliary services for connecting, accessing, and using the Service, including, but not limited to, modems, hardware, servers, software, operating systems, networks, web servers, and the like. The Client shall also be responsible for ensuring the security of such equipment, accounts, passwords (including, among others, administrative and user passwords), and files, as well as the use of the Client’s accounts, with or without their knowledge and consent.
3. 2.4. Client Reference: The Client agrees that CASAFARI may identify the Client as its Client in sales presentations, marketing materials, and press releases.
3. Licence
1. 3.1. License: Subject to this Agreement and during its term, CASAFARI grants to the Client a limited, non-exclusive, non-transferable license, without the right to sublicense, to use the Platform for the Client’s commercial purposes in the country where the license is acquired, for the duration defined for the Service, in accordance with the specifications and limitations set forth in this Agreement and the applicable Subscription Option.
3. 3.2. Limits of the right to use the Platform: The license granted by CASAFARI to the Client is subject to the following usage limits:
  1. 3.2.1. The Services may only be used by administrators, employees, agents, and subcontractors of the Client or its affiliated companies, and must always be previously indicated by the Client to CASAFARI;
  2. 3.2.2. The Services may only be used by users designated by the Client and indicated by the Client Contact. The Client may, at any time during the term of the Agreement, decide to change, add, or remove designated users, duly notifying CASAFARI. The reduction in the number of users initially subscribed to the applicable Subscription Option during the term of the same will not result in changes in the Prices. However, adding users in a number greater than initially defined in the applicable Subscription Option during the term of the same may be subject to Additional Costs
  3. 3.2.3. Under no circumstances may the Services be used by a number of users exceeding the agreed upon amount, unless the Client is able to add or remove simultaneous user licenses by providing proper notification to CASAFARI.
  4. 3.2.4. The Services are subject to a daily limit on the display of search pages. If the Client exceeds this limit, CASAFARI will send a notice alerting the Client to the occurrence and may block access to the Account until the end of the day.
4. 3.3. Usage Restrictions: Except as expressly provided in this Agreement, the Client is not authorized (nor permitted to grant such permission to third parties) to: (i) sell, rent, lease, sublicense, distribute, pledge, assign or transfer, in whole or in part, the Services or any interest in them to another party; (ii) provide, disclose or make available or permit the use of the Services, in whole or in part, to third parties without the prior written consent of CASAFARI; (iii) install or use the Platform in a manner that circumvents or interferes with the operation of the technological measure that controls access to the Service; (iv) modify, translate, adapt or create derivative works based on the Platform; (v) export or re-export the Platform or any derivative work thereof; (vi) use the Platform to develop, test, host, or run and operate applications on behalf of third parties under this Agreement, without prior written consent of CASAFARI; (vii) reverse engineer, decompile, disassemble or attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform, or any software, documentation or data related to the Service; (viii) use the Service to provide training to third parties; (ix) attempt to copy, analyze, track, modify, duplicate, create derivative works, frame, mirror, republish, download, display, transmit or distribute any part of the Platform in any form or media or by any means; (x) grant access to any part of the Platform with the intent of creating products or services that compete; (xi) use the Service in any way that is contrary to the terms and conditions of this Agreement; or (xii) use the Service for any unlawful purpose or in violation of applicable law.
6. 3.4. Electronic Devices: The number of electronic devices on which a user may use the Platform simultaneously varies depending on the Subscription Option chosen by the Client. In any case, the Platform has a functionality to limit simultaneous use by users from different devices.
  1. 3.4.1. Depending on the capacity of the Service, CASAFARI reserves the right to only grant access to the Client’s accounts from one device at a time, with a reasonable interval to switch devices.
  2. 3.4.2. The Client shall maintain control over the devices used to access the Platform and keep the password or account details private and secure, in order to prevent unauthorized access.
4. Payment and Payment Conditions
1. 4.1. Payment: As consideration for the Services provided under this Agreement, the Client shall pay CASAFARI the prices established in the Subscription Option, on the due dates provided, prior to the start date of the Services. Orders are not cancellable, and once paid, they are not refundable.
2. 4.2. Additional Costs: Without prejudice to other circumstances expressly provided for in the Contract that determine it, in the event of Client use of the Service that exceeds the capacity established in the applicable Subscription Option, CASAFARI reserves the right to charge the Client the proportional amount for the exceeded capacity, according to the prices established in the service tariff in force at the time provided in the respective Subscription Option
3. 4.3. Price Changes: CASAFARI reserves the right to change the Payments or charges applicable and set new charges and Payments at the end of the initial Service Term or upon renewal. CASAFARI will notify the Client of the change in question 30 (thirty) days in advance of the date on which it is to take effect. Such notification may be made by email. The Client may address any questions related to price changes to CASAFARI’s Client support department.
4. 4.4. Payment and Invoicing: The Client shall provide CASAFARI with updated proof of payment method data, or alternative documentation that reasonably serves the same purpose and is accepted by CASAFARI. By providing CASAFARI with information regarding credit/debit cards or direct debit accounts, the Client authorizes CASAFARI to charge the agreed prices in the Subscription Option, using these same methods, during the initial subscription term and its renewals, under the terms of the “Renewal” clause below. Payments shall be made by the due date of the respective invoices, on an annual or other agreed periodicity. The Client shall provide complete and updated data to CASAFARI, both for billing payments and for contacting regarding the matter, and notify CASAFARI of any relevant changes to this data.
6. 4.5. Late Payments: In case of delay in payment by the Client of invoiced amounts by CASAFARI compared to their respective due date, without prejudice to other legal rights or resources available to CASAFARI, (i) a monthly penalty of 1.5% of the overdue and unpaid amounts will be due, or the application of commercial default interest at the legal rate in force at the time, whichever is lower, and/or (ii) CASAFARI reserves the right to condition future subscription renewals to payment terms shorter than those stipulated in the “Invoicing and Payments” clause above.
8. 4.6. Suspension of Services and Due Obligations: If the Client fails to settle, within 7 (seven) calendar days after notification to that effect (under the terms of the “Notification” clause below), the amounts in arrears under this Agreement, CASAFARI may demand immediate payment of the amounts due under such contracts, so that these obligations become immediately due and suspend Services until full payment of the amounts in question.
10. 4.7. Disputes related to Payments: In the event of a dispute regarding the amount of Payments due, if the Client is engaged in good faith, reasonable, and collaborative negotiations regarding the adjustment of applicable payment amounts, CASAFARI may waive the exercise of its rights under clause 4.5, “Late Payments,” above.
11. 4.8. Currency and Taxes: All amounts and Prices stated or mentioned in this Contract shall be payable in Euros. Invoiced Prices do not include, in addition to VAT, other taxes applicable to CASAFARI invoices (except in the case of reverse VAT charging for EU or non-EU clients).
5. Update of Terms and Conditions
1. 5.1. CASAFARI reserves the right to periodically and at any time make changes or amendments to provisions in these Terms and Conditions, as well as to changes in the CASAFARI Platform and Services, in order to reflect applicable legislative changes or to improve the Services.
2. 5.2. CASAFARI shall notify the Client of the changes at least 30 days prior to their entry into force and shall publish the updated version of the Terms and Conditions with the relevant changes at www.casafari.com, with the “last updated” date indicated.
3. 5.3. If the changes to the Terms and Conditions involve (1) a change in the characteristics of the Services, the impact and expected effects of which do not correspond to the Client’s initial intention to contract, or (2) a significant change in prices, the Client may terminate the contract (these Terms and Conditions) with CASAFARI within a maximum of 30 days after receiving notification from CASAFARI about the update of the Terms and Conditions, if they do not wish to remain bound to the Services on this basis.
4. 5.4. In the event that the changes to the Terms and Conditions do not meet the requirements detailed in clause 5.3, they shall be deemed to be accepted by the Client if the Client does not state otherwise before such changes come into force. In such a case, non-acceptance shall imply the termination of the Contract in accordance with clause 6.4.
6. Term and Termination
1. 6.1. Term: This Agreement shall become effective as of the Effective Date and shall remain in force for the duration defined in the Subscription Option.
2. 6.2. Renewal: The Agreement shall automatically renew for the duration set forth in the applicable Subscription Option, unless terminated by either party giving the other at least 30 (thirty) days’ notice prior to the end of the relevant Service period, so as to prevent its renewal.
3. 6.3. Termination for Breach: Either party may at any time terminate this Agreement with immediate effect by written notice if the other party materially breaches any obligation under this Agreement and, when notified thereof, fails to remedy such breach within 30 (thirty) days after receipt of a written notice to that effect. CASAFARI’s termination of this Agreement under this clause for the Client’s breach, without prejudice to any other rights it may have, does not release the Client from the obligation to pay all outstanding and future payments due until the end of the initially defined term of the contract.
4. 6.4. Resolution by Client Initiative: Notwithstanding the provisions set forth in the preceding paragraphs, the Client may terminate the Agreement at any time, at its discretion, with early effects, provided that the full Price set forth in the Agreement is paid.
5. 6.5. Effects of Agreement Termination: CASAFARI shall provide the Client, for export and download, with the Client’s Data within a maximum period of 30 (thirty) days after the Agreement termination date. The provisions of this Agreement, whose effects, by their nature, should survive the termination date of the Agreement, shall remain in force, including, without limitation, rights related to due or overdue payments, confidentiality obligations, warranties, disclaimers, and limitations of liability.
7. Confidentiality
1. 7.1. Use and Disclosure: During the term of the Agreement and for a subsequent period of (five) years, the Parties undertake to keep confidential and not to use Confidential Information of the other Party for any purposes not related to this Agreement, as well as not to disclose it to third parties (with the exception of workers or subcontractors of the Party concerned who need to know the Confidential Information, or who are subject to confidentiality obligations, at least equivalent to those set forth in this document). The Parties shall take the reasonably necessary measures to ensure that Confidential Information is not disclosed or accessed by their workers, subcontractors or agents, in a manner that may violate these Terms and Conditions.
2. 7.2. Authorized Disclosures: Either Party may use Confidential Information of the other Party (i) in response to valid requests from judicial, regulatory or other public authorities exercising public powers, (ii) in cases expressly provided for by law, or (iii) to the extent necessary to establish the rights of either Party under this Agreement, provided that it promptly notifies the other Party of such request and allows the opportunity to object or seek judicial measures to protect the information.
3. 7.3. Non-Confidential Information: Information shall not be considered Confidential Information if: (i) it is or becomes public knowledge, without being the result of an act or omission of the receiving Party; (ii) it is lawfully possessed by the receiving Party, and has not been directly or indirectly received from the disclosing Party by the receiving Party, (iii) it is lawfully disclosed to the receiving Party by a third party not subject to any restrictions on disclosure; or (iv) it is generated by the receiving Party, independently, without access to Confidential Information.
4. 7.4. Destruction or Return: Except as otherwise provided in this Agreement, the receiving Party of Confidential Information shall, immediately upon request from the disclosing Party, destroy (and declare in writing) or return to it all documents and any other supports of Confidential Information, including all copies or extracts thereof.
8. Intellectual Property, Ownership, and Title:
1. 8.1. Ownership and Title: The Client is the owner of all rights and faculties related to Client Data to the extent applicable and permitted by law, provided that such does not infringe any third-party rights, including Intellectual Property (namely Copyright) and Industrial Property rights. CASAFARI will remain the owner of all rights and faculties regarding (i) the Service and Platform, including all improvements, updates or changes thereof; (ii) any software, applications, inventions, or other technology developed in connection with the Service, Platform, or CASAFARI’s information support; (iii) all copyright, trade secrets, patents, trademarks, and any other Intellectual and Industrial Property rights, including registration applications, renewals, and extensions thereof. Except as expressly provided herein, no rights in CASAFARI’s registered trademarks are granted to the Client, nor are any licenses granted thereon.
2. 8.2. Respect for Third-Party Intellectual and Industrial Property Rights: The Client agrees to use the information and data provided by CASAFARI under the services rendered under this Agreement and exclusively under this, being solely responsible for the use it makes of data, information, documents, or works of third parties, and commits to respect their Intellectual and Industrial Property Rights.
3. 8.3. Use of Data: CASAFARI may, within legally prescribed limits, collect and analyze data and other information related to the supply, use, and performance of various aspects of the Platform, systems, and related technologies (including information related to Client Data and data derived therefrom). CASAFARI may also, during and after the term of these Terms and Conditions, (i) use the information and data collected to develop improvements in the Services and for other developments, diagnostics, and corrections related to the Service and other Company offerings, and (ii) disclose such data for business-related purposes, but only in aggregated form or otherwise anonymized.
9. Data Protection
1. 1. 9.1. The collection and subsequent processing of data by CASAFARI is carried out in accordance with and pursuant to the EU General Data Protection Regulation 2016/679 (“GDPR”) and in compliance with the Client’s rights under the GDPR.
10. Warranty and Disclaimer of Liability
1. 10.1. CASAFARI does not guarantee that the products or services contracted will meet the Client’s requirements, are suitable for specific purposes, will be free from viruses, or will operate uninterrupted or free from any errors.
2. 10.2. The Client acknowledges that the Service may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance. Whenever possible, CASAFARI will provide advance notice regarding scheduled interruptions to the Service.
11. Indemnification
1. 1. 11.1. CASAFARI shall not assign to the Client any liability to third parties resulting from the violation of industrial property rights or copyrights or misappropriation of business secrets owned by third parties by CASAFARI in its provision of Services that may be required of the Client, provided that CASAFARI is promptly notified by the Client regarding suspicions, complaints, and all details of judicial proceedings or procedures related to the intellectual property infringements in question and is given timely and reasonably opportunity to assume exclusive control of its defense. CASAFARI shall not be bound by any judicial or other agreement that is not approved in writing. The above shall not apply when the claims concern parts or components of the Service that are (i) not provided by CASAFARI, (ii) developed entirely or partly in accordance with the specifications of the Client and at its request when the Client has ownership of the intellectual property rights over the developments, (iii) modified after delivery by the Company, (iv) combined with other products, processes, or materials of the Client, (v) when the Client persists with allegedly infringing conduct, even after being notified or informed of behaviors whose adoption would have prevented the alleged infringement of rights, or (vi) when the Client’s use of the Service is not in strict compliance with this Agreement. If, as a result of legal action with said purpose, the competent court finds that CASAFARI or the Service itself violates third-party rights, CASAFARI may, at its discretion and expenses, (a) replace or modify the Service so that the violation of the rights in question does not occur, provided that this does not substantially alter the functionalities and functions in question; (b) obtain a license from the Client to continue using the Service; or (c) if neither of the above two options is commercially viable, terminate the current Contract and reimburse the Client for amounts paid to date for Services not provided.
12. Limitations and exclusions of liability
1. 1. 12.1. The overall and cumulative liability of CASAFARI for damages arising from the non-compliance or defective compliance with these Terms and Conditions is limited to the value of the services paid for in the year of the occurrence of the liability-generating events.
  3. 12.2. CASAFARI shall not be liable, in any event, for any loss of production, loss of profits or contracts, loss of business or revenue, loss of goodwill or reputation, or for any loss of data, indirect damage, cost, or expense that may occur.
13. Force Majeure
1. 1. 13.1. For the purposes of this Agreement, an event of force majeure shall be considered to include: strike, fire, flood, earthquake, legislative or administrative acts of a public nature, failures of service by third-party suppliers, delays or breakdowns in internet service provider services, attacks that prevent the operation of internet services or other factors that determine the inability to comply with the obligations of the Parties and that are reasonably beyond the control of the defaulting Party and do not result from intentional or negligent conduct, for any reason, of the defaulting Party, whether by action or omission.
14. Miscellaneous
1. 1. 14.1. Nature of the legal relationship between the Parties: The Parties are independent contractors and, under this Agreement, do not constitute any agency, employment, joint venture, or mandate relationship that would allow one to act on behalf of the other in entering into contracts or other types of obligations. The Parties declare and warrant that they may not assert the existence, express or implied, of a legal relationship such as those mentioned above.
  3. 14.2. Assignment: Neither Party may assign its contractual position under this Agreement without the prior written consent of the other Party, whose grant the Parties undertake to ensure reasonably. The assignment of the contractual position by one party without the consent of the other will be invalid. Notwithstanding the foregoing, CASAFARI may freely assign its position under this Agreement to any of its Affiliates, notably as a result of a merger or sale of all or a substantial part of its share capital. In the event of the assignment of the contractual position of either Party, this Agreement shall remain fully or, to the relevant extent, partially valid and in force, binding the new assignee and its officers, directors, and legal representatives.
  5. 14.3. Effects of nullity or annulment: If, for any reason, a competent court considers certain provisions of this Agreement, in whole or in part, invalid or ineffective, such provisions shall, to the maximum extent permitted by law, be deemed valid and effective, and the invalidity of the entire Agreement shall not be determined unless it is shown that, without the defective part, the Parties would not have intended to enter into the Agreement.
  7. 14.4. Non-Waiver of Rights: The failure or defective performance of any of the provisions of this Agreement that may occur at any given time on the part of either Party, as well as the circumstance that the non-defaulting Party does not notify the defaulting Party of the performance or remediation thereof, may not be construed as a waiver of the rights of the non-defaulting Party, whether at that time or in the future.
  9. 14.5. Entire Agreement: These Terms and Conditions constitute the entire agreement between the Parties with respect to its subject matter, replacing any previous or contemporaneous negotiations or agreements, written or oral, concerning the Services.
  11. 14.6. Notifications: Any communications made under this Agreement shall be sent by email to the electronic addresses indicated by the Parties or by registered mail with acknowledgment of receipt.
  13. 14.7. Governing Law and Jurisdiction: This Agreement shall be governed by English law. In the event of a dispute arising from or related to this Agreement, the courts of the country where the Client is domiciled shall have jurisdiction.