Copyright Infringement and Intellectual Property Policy

1. PURPOSE OF THIS POLICY

This Copyright Infringement and Intellectual Property Policy (“Policy”) establishes the rules and procedures governing the protection, use, reporting, investigation and enforcement of copyright and other intellectual property rights in connection with the Safari Wallet KE mobile application, website, digital platforms, and related services (“Platform”).

The Company recognizes the importance of protecting intellectual property rights and is committed to respecting the lawful rights of copyright owners, creators, photographers, artists, writers, software developers, tourism operators, branding providers, suppliers, users and other rights holders.

At the same time, the Company seeks to protect its own intellectual property, including the Safari Wallet KE software, platform architecture, branding, content, graphics, databases, documentation, business materials, user interface, trademarks, logos, designs and other proprietary materials.

This Policy establishes a structured process through which:

1. Copyright owners may report suspected infringement;
2. The Company may investigate and take appropriate action;
3. Users and partners may respond to allegations made against them;
4. Infringing content may be removed, disabled or restricted where appropriate;
5. Repeat infringement may result in suspension or termination of access;
6. The Company's intellectual property may be protected against unauthorized use.

This Policy forms part of the Safari Wallet KE Terms and Conditions and should be read together with the Company's Privacy Policy and other applicable policies.

2. GOVERNING LAW

This Policy shall be governed by and interpreted in accordance with the laws of the Republic of Kenya, including applicable provisions of:

• The Constitution of Kenya;
• The Copyright Act, 2001, as amended;
• The Industrial Property Act, 2001, where applicable;
• The Trade Marks Act, Cap. 506, where applicable;
• The Data Protection Act, 2019;
• The Computer Misuse and Cybercrimes Act, 2018, where applicable;
• Other applicable laws and regulations of Kenya.

Nothing in this Policy is intended to limit any statutory right, defense, remedy or procedure available under Kenyan law.

3. WHAT IS COPYRIGHT?

Copyright protects qualifying original literary, artistic, musical, audiovisual and other protected works and, where applicable, computer programs and related works.

For purposes of Safari Wallet KE, potentially protected works may include:

• Software and source code;
• Mobile application code;
• Website code;
• Original graphics;
• Photographs;
• Videos;
• Promotional materials;
• Written articles;
• Destination descriptions;
• Original tourism guides;
• Maps and illustrations;
• Audio recordings;
• Marketing copy;
• User interface elements;
• Original databases and compilations to the extent protected by law;
• Digital artwork;
• Original animations;
• Training materials;
• Documentation;
• Manuals;
• Other copyright-protected materials.

Copyright protection generally concerns the protected expression of an idea rather than the underlying idea, concept, business model or method itself.

Accordingly, the general concept of a prepaid tourism wallet or #TripSave mechanism does not, merely because it exists as a business concept, automatically give the Company exclusive copyright over every similar concept developed independently by another person.

4. COMPANY INTELLECTUAL PROPERTY

Unless expressly stated otherwise, all intellectual property rights owned, created, commissioned or lawfully acquired by the Company in connection with Safari Wallet KE remain the property of WHISTLE AFRICA TOURS AND EVENTS or the relevant third-party rights holder.

This may include:

4.1 Safari Wallet KE Brand

The name:

SAFARI WALLET KE

and associated names, logos, slogans, visual identities, designs and branding elements.

4.2 Software

The Company may own or control rights in:

• Source code;
• Object code;
• Application code;
• Website code;
• APIs;
• Software architecture;
• Databases;
• Algorithms to the extent legally protectable;
• System documentation;
• Technical documentation;
• Application functionality and implementation.

4.3 Visual Materials

This may include:

• Logos;
• Icons;
• Illustrations;
• Graphics;
• Original photographs;
• Videos;
• Animations;
• User-interface designs;
• Promotional artwork.

4.4 Written Content

This may include:

• Website copy;
• App text;
• Tourism descriptions;
• Marketing materials;
• Terms and policies;
• Educational materials;
• User guides;
• Product descriptions;
• Original editorial content.

4.5 Business and Operational Materials

Where legally protectable or confidential, this may include:

• Internal manuals;
• Platform documentation;
• System specifications;
• Original databases;
• Business processes;
• Proprietary commercial documentation;
• Internal training materials.

5. NO UNAUTHORISED COPYING OF THE PLATFORM

Except where expressly permitted by law or authorised in writing by the Company, users and third parties shall not:

• Copy the Safari Wallet KE application;
• Reproduce substantial portions of the Platform;
• Copy the Company's source code;
• Reproduce the Company's original graphics or content;
• Extract and commercially reproduce Platform content;
• Republish the Company's proprietary materials;
• Create a substantially similar copy of protected Company materials;
• Sell, license or distribute copied Platform materials;
• Use Company content to create a competing commercial product;
• Remove copyright or ownership notices;
• Circumvent technical measures designed to protect Company materials.

Nothing in this Policy prevents lawful activities permitted by Kenyan copyright law.

6. THIRD-PARTY CONTENT

Safari Wallet KE may display, host, link to or facilitate access to materials belonging to third parties.

Such materials may include:

• Hotel photographs;
• Lodge photographs;
• Tourism destination photographs;
• Tour operator content;
• Maps;
• Videos;
• Product images;
• Supplier descriptions;
• Branding materials;
• Partner logos;
• User-generated content.

Third-party content remains the property of the relevant rights holder unless otherwise stated.

The Company does not automatically claim ownership of third-party material merely because it is displayed through the Platform.

7. RESPONSIBILITY OF TOURISM AND BUSINESS PARTNERS

Any hotel, lodge, tour operator, travel agency, branding company, supplier or other partner providing content to Safari Wallet KE represents that, to the best of its knowledge and belief:

1. It owns or lawfully controls the content it supplies;
2. It has obtained all necessary permissions and licences;
3. It has the authority to permit Safari Wallet KE to use the content;
4. The content does not knowingly infringe third-party intellectual property rights;
5. It will notify Safari Wallet KE promptly if it becomes aware of an intellectual property dispute concerning the content.

Where a Partner supplies photographs, videos, descriptions, logos, trademarks or other material, the Partner grants or confirms that it has granted Safari Wallet KE the necessary license to reproduce, display and use that material for the agreed Platform and marketing purposes.

The Company may require a Partner to provide evidence of ownership, licensing or permission where a legitimate dispute arises.

8. USER-GENERATED CONTENT

Where the Platform permits users to upload, submit or publish:

• Reviews;
• Photographs;
• Videos;
• Comments;
• Travel stories;
• Testimonials;
• Destination information;
• Other content,

the user remains responsible for ensuring that they have the necessary rights to submit such content.

By uploading content, the user represents that:

1. They own the content or have permission to use it;
2. The submission does not knowingly infringe copyright;
3. The submission does not unlawfully use another person's intellectual property;
4. The submission does not contain unlawful or defamatory material;
5. They have obtained any necessary permissions from identifiable persons appearing in the content where required by law.

Subject to applicable law and the Company's separate Terms and Conditions, the user grants the Company a limited, non-exclusive, royalty-free licence to host, reproduce, display, communicate and use the submitted content as reasonably necessary to operate, maintain, promote and improve the Platform.

The user retains ownership of their copyright unless otherwise expressly agreed.

9. COPYRIGHT INFRINGEMENT REPORTING PROCEDURE

A person who believes that material available through Safari Wallet KE infringes their copyright may submit a written infringement notice to the Company.

Reports should be sent to:

Email: mysafariwalletke@gmail.com
Physical Address: WHISTLE AFRICA TOURS AND EVENTS, P.O. Box 92 - 20100, Nakuru, Kenya.

The Company may also provide an in-app reporting mechanism.

10. INFORMATION REQUIRED IN A COPYRIGHT COMPLAINT

To enable the Company to investigate an allegation, a copyright complaint should contain sufficient information to identify:

10.1 The Rights Holder

The complainant should provide:

• Full legal name;
• Company/organisation name, where applicable;
• Physical or postal address;
• Telephone number;
• Email address.

10.2 The Protected Work

The complainant should identify the copyrighted work alleged to have been infringed.

Where reasonably available, the complainant should provide:

• Title of the work;
• Date of creation;
• Registration details, if registered;
• Relevant copyright number, if applicable;
• URL or other location of the original work;
• Evidence demonstrating ownership or authority to act.

Copyright registration is not necessarily the sole basis upon which a copyright claim may arise; however, supporting documentation may assist the Company in assessing the complaint.

10.3 The Allegedly Infringing Material

The complainant should provide:

• URL;
• Screenshot;
• Account name;
• Username;
• Product or listing identifier;
• Description of the allegedly infringing material;
• Any other information enabling the Company to locate the material.

10.4 Statement of Good Faith

The complainant should state that, to the best of their knowledge and belief, the complained-of use is not authorised by the copyright owner, its agent or applicable law.

10.5 Authority to Act

Where the complainant is acting on behalf of another person or company, they should provide evidence or confirmation of their authority to act.

10.6 Declaration of Accuracy

The complainant should confirm that the information provided is accurate and that they understand that knowingly submitting false or misleading allegations may expose them to legal consequences.

11. COMPANY RESPONSE TO COPYRIGHT COMPLAINTS

Upon receiving a sufficiently detailed complaint, the Company may:

1. Acknowledge receipt;
2. Assess whether the complaint identifies a plausible copyright issue;
3. Request additional information;
4. Contact the relevant user, Partner or content provider;
5. Temporarily restrict access to the disputed content;
6. Remove or disable access to the disputed material;
7. Preserve relevant records where appropriate;
8. Seek clarification from the complainant;
9. Seek legal advice;
10. Refer the matter to the appropriate authority where required.

The Company does not guarantee that every allegation will result in removal of content.

The Company may decline to act where a complaint is incomplete, unsupported, abusive, fraudulent, manifestly unfounded or otherwise does not establish a reasonable basis for action.

12. TEMPORARY REMOVAL OR RESTRICTION

Where the Company reasonably believes that content may infringe copyright, it may temporarily remove, disable, restrict or quarantine the relevant content while investigating the matter.

Such action may be taken without prior notice where necessary to:

• Prevent continuing infringement;
• Protect the Company;
• Protect the rights holder;
• Protect users;
• Preserve evidence;
• Comply with legal obligations.

Temporary removal does not constitute a final determination that infringement has occurred.

13. NOTICE TO THE AFFECTED USER OR PARTNER

Where appropriate and legally permissible, the Company may notify the user or Partner whose content has been complained about.

The notification may include:

• The nature of the complaint;
• Identification of the disputed material;
• The action taken;
• The opportunity to provide an explanation or evidence of authorisation.

The Company may withhold information where disclosure could:

• Compromise an investigation;
• Violate another person's privacy;
• Create a security risk;
• Breach a legal obligation;
• Interfere with law-enforcement activity.

14. COUNTER-NOTICE / RESPONSE

A user or Partner whose content has been removed or restricted may submit a written response explaining why the material should remain available.

The response should include:

• Full name;
• Account details;
• Identification of the disputed content;
• Explanation of why the use is authorised or lawful;
• Evidence of ownership or licence;
• Evidence of permission from the copyright owner, where applicable;
• Other relevant information.

The Company may restore the content where the evidence reasonably establishes that:

• The complainant does not own the relevant rights;
• The user has a valid licence;
• The content was used with permission;
• The alleged infringement is not substantiated;
• The use is otherwise lawful.

The Company may decline restoration where sufficient evidence of infringement remains.

15. REPEAT INFRINGERS

The Company may restrict, suspend or terminate an account where a user or Partner repeatedly infringes copyright or other intellectual property rights.

Depending on the circumstances, measures may include:

• Warning;
• Removal of offending content;
• Temporary suspension;
• Restriction of uploading privileges;
• Permanent account termination;
• Termination of a Partner relationship;
• Referral to relevant authorities;
• Legal proceedings.

The Company will consider the seriousness, frequency and circumstances of alleged infringement before taking proportionate action.

16. FALSE OR MALICIOUS COPYRIGHT CLAIMS

Copyright complaints must not be used to:

• Harass users;
• Disrupt legitimate competition;
• Remove lawful criticism;
• Suppress negative reviews;
• Gain an unfair commercial advantage;
• Misappropriate another person's work;
• Harass tourism Partners;
• Remove lawful content for strategic purposes.

The Company may reject complaints that appear to be fraudulent, malicious, abusive or deliberately misleading.

Where a person knowingly submits materially false information, the Company reserves the right to:

• Reject the complaint;
• Restrict the complainant's access to reporting mechanisms;
• Preserve relevant records;
• Seek legal advice;
• Pursue appropriate legal remedies.

17. COPYRIGHT AND REVIEWS

Users may post genuine reviews and experiences concerning tourism services.

The Company does not claim ownership of a user's independent opinions merely because they are posted on the Platform.

However, users must not reproduce another person's review, photograph, article or other protected material without permission.

The Company reserves the right to remove content that:

• Infringes copyright;
• Contains unlawful material;
• Is demonstrably fraudulent;
• Impersonates another person;
• Violates the Terms and Conditions;
• Creates a legal or security risk.

18. PHOTOGRAPHS AND TOURISM DESTINATION CONTENT

Tourism-related photographs and destination images are frequently protected by copyright.

Partners and users must not upload images obtained from:

• Search engines;
• Social-media accounts;
• Other tourism websites;
• Competitor websites;
• Stock-image platforms without the required licence;
• Photographers;
• Other creators,

unless they have obtained the appropriate rights or license.

The fact that an image is publicly accessible on the internet does not, by itself, mean that the image is free to copy or commercially use.

19. STOCK PHOTOGRAPHS AND LICENSED MATERIAL

Where the Company or its Partners use stock photographs, graphics, music, fonts, maps or other licensed materials, the relevant license terms must be respected.

Users and Partners must not assume that a license obtained by Safari Wallet KE automatically grants them the right to independently reproduce or commercially distribute that material.

20. SOFTWARE AND SOURCE CODE

The Safari Wallet KE software, source code, application architecture, APIs, databases, technical documentation and related materials may contain confidential and proprietary information.

Except where expressly authorised, users and third parties shall not:

• Copy source code;
• Extract source code;
• Decompile the application;
• Reverse engineer the Platform;
• Circumvent technical restrictions;
• Reproduce the application's protected software;
• Create derivative software based on protected Company code;
• Use the Company's source code to develop a competing platform.

Nothing in this section prohibits activities that cannot lawfully be restricted under mandatory provisions of applicable Kenyan law.

21. TRADEMARKS AND BRANDING

Copyright protection is separate from trademark protection.

The names, logos, trade names, slogans and other branding associated with Safari Wallet KE may be protected under Kenyan trademark law and other applicable laws.

No user or third party is granted a license to use:

SAFARI WALLET KE

or any associated Company logo, trade name, slogan or branding without prior written authorisation, except for permitted nominative or other lawful use.

22. DATABASES AND CONTENT EXTRACTION

Where the Platform contains original databases, compilations or structured collections of information protected under applicable law, users shall not systematically extract, reproduce, republish or commercially exploit substantial portions of such material without authorisation.

Automated scraping, crawling, harvesting or bulk extraction of Platform content is prohibited unless expressly authorised by the Company or otherwise permitted by law.

23. USE OF ARTIFICIAL INTELLIGENCE AND AUTOMATED TOOLS

Users and Partners must not use automated systems, scraping tools, artificial intelligence systems or other technologies to systematically reproduce substantial portions of Safari Wallet's KE protected content for commercial exploitation without authorisation.

Similarly, the Company will respect applicable intellectual property rights when using third-party content or technology in connection with the Platform.

24. COPYRIGHT LICENCES GRANTED TO THE COMPANY

Where a user or Partner voluntarily supplies content to Safari Wallet KE, the scope of the Company's license shall be determined by the applicable Terms, Partner Agreement, submission terms or other written agreement.

Unless otherwise expressly agreed, such license shall be limited to what is reasonably necessary to:

• Operate the Platform;
• Display the submitted content;
• Provide the requested service;
• Promote the relevant service;
• Maintain and improve the Platform;
• Comply with legal obligations.

Where a broader commercial licence is required, the Company will seek appropriate contractual authorisation.

25. MORAL RIGHTS AND ATTRIBUTION

Where applicable under Kenyan law, the Company will respect the moral rights associated with copyright-protected works.

Where attribution is required by an applicable license or agreement, the Company will endeavour to provide appropriate attribution.

Nothing in this Policy transfers moral rights where such rights cannot lawfully be transferred.

26. COPYRIGHT DISPUTES BETWEEN THIRD PARTIES

Safari Wallet KE is not ordinarily the final adjudicator of complex copyright disputes between third parties.

Where ownership or licensing rights are genuinely disputed, the Company may request supporting documentation from the parties and may take temporary protective measures pending resolution.

The Company may require the parties to resolve the dispute directly or through an appropriate legal or regulatory mechanism.

Where necessary, the Company may comply with a valid order, direction or decision of a competent Kenyan court or authorised authority.

27. LEGAL PROCEEDINGS AND COURT ORDERS

Nothing in this Policy limits the Company's right to seek legal advice, commence proceedings, defend claims or seek injunctive or other relief where appropriate.

The Company may comply with valid orders issued by competent courts or lawful directives issued by authorised Kenyan authorities.

Where appropriate, the Company may preserve relevant records and evidence in anticipation of legal proceedings.

28. DATA PROTECTION IN COPYRIGHT COMPLAINTS

Copyright complaints may contain personal information belonging to complainants, users, Partners or other persons.

The Company will process such information in accordance with its Privacy Policy and applicable Kenyan data-protection law.

The Company will seek to disclose only information reasonably necessary to investigate and resolve the complaint.

A complainant should not include unnecessary personal information, identification documents or confidential information in a copyright complaint.

Where identification is necessary to establish ownership or authority, the Company may request appropriate supporting documentation and will handle such information in accordance with applicable data-protection requirements.

29. CONFIDENTIALITY

Where a copyright complaint contains commercially sensitive or confidential information, the Company will take reasonable steps to protect such information.

However, the Company may disclose information where necessary to:

• Investigate the complaint;
• Obtain professional legal advice;
• Protect its legal interests;
• Comply with a court order;
• Comply with a lawful regulatory or governmental request;
• Defend a claim.

Submitting information to the Company does not create an absolute guarantee of confidentiality where disclosure is required by law.

30. COMPANY'S RIGHTS TO PROTECT ITS INTELLECTUAL PROPERTY

The Company reserves all rights available under Kenyan law to protect its intellectual property.

Where the Company reasonably believes that its copyright, trademarks, confidential information or other intellectual property has been infringed, it may:

• Issue a cease-and-desist notice;
• Request removal of infringing content;
• Suspend access to relevant materials;
• Suspend or terminate an account;
• Contact the relevant service provider;
• Notify an appropriate authority;
• Seek injunctive relief;
• Commence civil proceedings;
• Seek damages or other remedies available under Kenyan law.

The Company may pursue these remedies independently of the procedures described for third-party complaints.

31. NO GUARANTEE OF NON-INFRINGEMENT BY USERS

Although the Company may take reasonable measures to address reported infringement, the Company does not guarantee that every item of content uploaded by users, Partners or third parties is free from infringement.

Users and Partners remain responsible for the content they submit and for obtaining appropriate rights and permissions.

32. GOOD-FAITH INVESTIGATION

The Company will seek to assess copyright complaints in good faith and in a manner that is proportionate to the circumstances.

However, the Company does not undertake to conduct a judicial determination of copyright ownership.

Where the facts are complex or contested, the Company may require the relevant parties to provide further evidence or obtain a determination from a competent authority or court.

33. NO WAIVER OF RIGHTS

Failure by the Company to immediately enforce any provision of this Policy or any intellectual property right shall not constitute a waiver of that right.

The Company may enforce its intellectual property rights at any time to the extent permitted by law.

34. POLICY AMENDMENTS

The Company may amend this Policy from time to time to reflect:

• Changes in Kenyan law;
• Regulatory developments;
• Changes to the Platform;
• New technology;
• Changes in intellectual property practices;
• Operational requirements.

The updated Policy shall be published through the Platform or Company's designated website.

Where an amendment materially affects users, reasonable notice may be provided where appropriate.

35. GOVERNING LAW AND JURISDICTION

This Policy shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any dispute arising out of or relating to this Policy shall, subject to any mandatory statutory procedure or remedy, be subject to the jurisdiction of the competent courts of Kenya.

Nothing in this Policy shall prevent a rights holder from exercising any statutory right or remedy available under Kenyan law.

36. CONTACT FOR COPYRIGHT COMPLAINTS

Copyright complaints and intellectual property enquiries should be directed to:

WHISTLE AFRICA TOURS AND EVENTS
Safari Wallet KE – Legal & Intellectual Property Department
P.O. Box 92 - 20100
Nakuru, Kenya

Email:support@safariwalletke.com
Subject Line: COPYRIGHT INFRINGEMENT NOTICE – SAFARI WALLET KE

37. COPYRIGHT COMPLAINT CHECKLIST

Before submitting a complaint, the rights holder should ensure that the complaint contains:

• Full name of copyright owner
• Contact details
• Identification of the protected work
• Evidence of ownership or authority
• Identification of the allegedly infringing content
• URL/account/listing/reference number
• Explanation of the alleged infringement
• Statement that the complaint is made in good faith
• Confirmation that the information provided is accurate
• Signature or authorised electronic confirmation
• Evidence of authority where the complainant acts for another rights holder

Incomplete complaints may delay investigation.

38. FINAL NOTICE

Safari Wallet KE is committed to encouraging creativity, tourism innovation and responsible digital participation while respecting the intellectual property rights of creators and businesses.

Users, Partners and other Platform participants are expected to respect copyright and other intellectual property rights at all times.

Nothing in this Policy grants any person ownership of Safari Wallet KE's intellectual property unless expressly provided in a written agreement.

All rights not expressly granted are reserved by WHISTLE AFRICA TOURS AND EVENTS and/or the applicable rights holder.

© 2026 WHISTLE AFRICA TOURS AND EVENTS. All Rights Reserved.