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Read and Understand the following:

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Our Reserved Rights

We reserve the right to change the site and these Terms at any time, in our sole discretion and without notice to you whatsoever and you are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will override all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this agreement with you under these Terms at any time by notifying you via email and or if you are a registered user, by cancelling your account and your access to your account. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and or these Terms, will be resolved individually, without resort to any form of class action.

Use of Our Website

You can ONLY use and register to become a user of Our Website if you are of sufficient legal age and can enter into binding contracts. If you register as user or make a booking resulting in the creation of a trusted user account, you are responsible for maintaining the account information. You will be responsible for all use of Our Website by you, anyone using your password and login information with or without your permission and anyone whom you allow to access your travel information. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. You agree not to do any of the following without prior express written permission of Acacia Gardens Homestay:

1. reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
2. use Our Website to collect or store personal data about others;
3. use Our Website for any commercial purpose unless we've given you written permission;

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website.

Hyperlinks and or Links

Our Website may contain connections to other websites, for your reference and convenience, which we do not operate or control and for which we are not responsible. In light of this, we do not endorse the contents of the links and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on the links before you use them. You also agree NOT to create a link from any website, including any website controlled by you, to Our Website (Acacia Gardens Homestay Website).

Your intellectual property Rights

We respect the intellectual property rights of others and we prohibit users from transmitting on Our Website any materials that violate another person's intellectual property rights. If you believe that your trademark or copyright rights have been violated, send us an email at accaciagardens@gmail.com with subject (“VIOLATED INTELLECTUAL RIGHTS”) and provide us with a screenshot of the incident on our website and should read our official URL for us to follow up and resolve the matter.

Our Intellectual Property Rights

We, along with the Travel Providers and other licensors own all material contained on Our Website. You agree NOT to copy or transmit any of the material except for your personal and or non-commercial use. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.

We have Limited Liability

We to the extent permitted by laws of Kenya hereby expressly exclude any responsibility and liability for:

1. any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to and or use of Our Website or your use of Trips or;
2. any consequential damages of any kind whatsoever that arise out of or is in any way connected with:
   • any use of Our Website, Trips or our content;
   • any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or booking; or
   • the performance or non performance by us or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party.

Contact and Feedback

We encourage you to provide your feedback and questions BUT any and all rights to materials submitted to us become our exclusive property; however, you are responsible for whatever material you submit, including its reliability, originality, and copyright. In this case, do not reveal trade secrets and or other confidential information in your messages. NOTE that we assume no responsibility for reviewing unsolicited ideas for our business such as product or advertising ideas and thereby not incur any liability as a result of any similarities between those ideas and materials that may appear in future Acacia Gardens Homestay products or services. By submitting Feedback you are granting us an irrevocable right to exclusive use of your feedback in accordance with our terms and conditions without any liability.

You Agree to Protect Us

Subject to these Terms, you will defend and hold us (all staff members) harmless from and against anything capable of causing damage including without limitation reasonable legal and accounting fees and your use of or access to Our Website, Trips or the Intellectual Property.

Trips

You are solely responsible for the travel information and other content that you transmit or share with through Trips and you represent and warrant that you are not transmitting or sharing Trips Information you do not have permission to share. It is your job to create backup copies and replace any Trips Information you provide to us at your expense. You authorize us to have exclusive authority to make copies as we deem necessary in order to facilitate the storage and assimilation of the Trips Information. However, we reserve the right to review, edit, or delete any Trips information or your account at any time.

Legal Process

You agree that by accepting the Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action. If you intend to seek arbitration you MUST first send to the Acacia Gardens Homestay via certified mail (accaciagardens@gmail.com ), a written Notice of Dispute describing the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within a month (30 days on average) after the Notice is received, you or we may commence arbitration.

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