Terms and Conditions

1. THE SERVICE MODEL & LEGAL NATURE

1.1 Corporate Ownership and Identity:

Safari Wallet KE is a digital platform application, proprietary technology framework, and marketplace fully owned, operated, and controlled by Whistle Africa Tours and Events Ltd (hereinafter referred to as "the Company"). All legal obligations, operating mandates, and operational frameworks executed under the trading name "Safari Wallet KE" are structurally bound to Whistle Africa Tours and Events Ltd. By creating an account, purchasing Safari Tokens, or utilizing the platform services, the User enters into a legally binding contract directly with Whistle Africa Tours and Events Ltd.

1.2 Nature of Service

Safari Wallet KE (the "Company," "Platform," "we," "us," or "our") is an integrated, closed-loop digital technology application and marketplace platform owned by WHISTLE AFRICA TOURS AND EVENTS. It enables registered users ("Users," "you," or "your") to purchase, store, manage, and redeem Safari Tokens ("Tokens") exclusively for specified tourism, travel, and hospitality-related services curated on the Platform.

1.3 Closed-Loop Utility Token Model

Tokens issued on the Platform function strictly as Prepaid Digital Vouchers that track contractual rights to acquire services. Users explicitly acknowledge and agree that Tokens:

• Do not constitute legal tender or currency in the Republic of Kenya or any other jurisdiction.
• Do not represent electronic money (e-money), digital cash, or stored monetary value under the National Payment System Act (Cap. 491, Laws of Kenya).
• Do not constitute banking deposits, savings products, or financial investments under the Banking Act (Cap. 488, Laws of Kenya).
• Do not earn interest, yields, dividends, capital gains, or any other financial returns.

Tokens possess no intrinsic value outside the Safari Wallet KE closed-loop ecosystem. They cannot be traded, bartered, or used as a medium of exchange outside the explicit, authorized boundaries of the Platform.

1.4 No Financial Services Representation

The Platform is a non-financial utility technology facilitator. The Company is not a bank, microfinance institution, payment service provider, or investment scheme. It operates solely as a prepaid consumer commerce aggregator in accordance with the general commercial laws of Kenya.

1.4 Scope of the Ecosystem

The Platform aggregates and services dedicated tourism, travel, and destination lines, including but not limited to hotel and lodge accommodations, excursions, safari packages, ground logistics, aviation transfers, and national park or conservancy entry access managed by third-party Vendor Partners.

2. TOKEN ACQUISITION, STRUCTURAL MECHANICS, & THE #TRIPSAVE PROTOCOL

2.1 Token Purchase and Allocation

Users acquire Tokens through integrated third-party payment gateways and licensed payment aggregators (including mobile money systems such as M-Pesa, card networks, and direct electronic bank transfers).

• Irrevocable Clearance: Tokens will be credited to the User’s in-app digital wallet only upon final, unconditioned, and irrevocable clearance and receipt of the corresponding fiat funds by the Company from the payment aggregator.
• System Records: Upon successful allocation, a cryptographically signed electronic ledger and transaction record will be generated in-app, serving as the sole official proof of the User's utility token balance.

2.2 The #TripSave Progressive Saving Feature

The #TripSave feature is an in-app, automated or incremental tracking tool that allows Users to progressively accumulate and pool Tokens toward a specific target or travel itinerary.

• No Value Generation: Storing Tokens via #TripSave represents a non-interest-bearing prepay tracking mechanism for future physical service delivery, not a monetary savings account.
• Procurement Guarantee: The Company undertakes to honor the quantitative service unit equivalent of the Token established at the point of purchase, subject strictly to Vendor Partner availability, capacity constraints, seasonal variances, and Force Majeure events.

2.3 Pricing, Tariffs, and Value Fluctuation

While a Token retains its nominal purchasing power within localized app packages, Users explicitly acknowledge and assume the following commercial risks:

• Seasonal Volatility: The underlying pricing of tourism and travel services fluctuates widely based on high/low travel seasons, dynamic vendor tariffs, occupancy rates, and localized government levies.
• Top-Up Obligation: If the market rate or vendor tariff for a chosen service increases between the time of Token accumulation and final redemption, the User is solely responsible for purchasing additional Tokens to cover the price differential. Promotional or discounted Token purchase rates may be deployed or revoked at the absolute discretion of the Company.

2.4 Irreversibility and Lock-In Nature of Tokens

Except where strictly required by a final, unappealable court order issued by a Kenyan court of competent jurisdiction, or upon the absolute, written verification of an unprovoked internal system processing error by the Company’s technical audit team, all Token purchases are final, absolute, and legally non-reversible. Stored Tokens cannot be converted back into fiat cash, cannot be transferred out of the application to other networks, and cannot be assigned, sold, or bartered privately between different user accounts.

2.5 Fundamental Absolute Lock-In Term & Limited Emergency Exemption

• Strictly No Cash Withdrawals: It is a material, non-negotiable condition of this Agreement that Tokens are locked permanently for utility service use. Users explicitly waive any right to withdraw, export, or liquidate their wallet balances to mobile money accounts, bank accounts, or external digital platforms. Your funds are converted into non-currency digital service points upon purchase.
• Dire Emergency Escape Clause: In extraordinary, legally provable, and devastating circumstances (defined strictly as sudden permanent medical incapacitation, corporate insolvency/bankruptcy of the User, or catastrophic personal hardship vetted by the Company), a User may formally apply for a compassionate exit.
• The Escape Procedure: To invoke this clause, the User must strictly:
1. Physically deliver a signed, written application with notarized supporting medical, legal, or official documentation to any authorized physical office of the Company.
2. Provide physical, original biometric verification and certified National Identification or Passport copies.
3. Submit to an intense, independent internal compliance, anti-fraud, and anti-money laundering (AML) vetting process.
4. Processing & Penalties: If approved at the absolute discretion of the executive board, the exit process will take a minimum of fourteen (14) working days. The payout will be processed only in Kenyan Shillings (KES) via bank transfer and will attract an immutable, non-negotiable 10% early-liquidation processing fee deducted from the gross withdrawable value to cover system unwind, aggregator chargebacks, and administrative overheads.

3. SERVICE REDEMPTION, DIGITAL VOUCHERS, & TRAVEL RESERVATIONS

3.1 The Digital Redemption Protocol

To utilize accumulated Tokens, the User must initiate a formal "Redemption Request" within the Platform interface. Upon validation and approval of the request by our core logic:

• The exact required quantity of Tokens is immediately debited and permanently erased ("burned") from the User's active account balance.
• The system generates and issues an immutable, cryptographically indexed Digital Redemption Voucher.

3.2 Voucher Legal Function

The Digital Voucher serves solely as digital proof of a pre-paid contractual entitlement between the User and the executing Third-Party Partner.

• Characteristics: Vouchers are system-generated, unique, non-transferable, and encrypted. They must be electronically presented and authenticated via the partner portal at the point of service.
• Passing of Liability: Immediately upon the generation of a Digital Voucher, the transactional risk and operational liability shift entirely to the executing Third-Party Partner. The voucher is governed exclusively by the commercial terms, safety guidelines, and liability limitations of that specific partner.

3.3 Third-Party Service Providers ("Partners")

All end-user services and physical accommodations available on the Platform are executed, fulfilled, owned, and delivered by independent third-party corporate entities ("Partners"). These include but are not limited to hotels, resorts, eco-lodges, tented camps, property management firms, accommodation services providers, tour operators, transport providers, air charter operators, and safari guides.

Each Partner operates under its own legal frameworks, site rules, safety codes, booking policies, check-in/check-out guidelines, and cancellation timelines. It is the User's sole responsibility to read and accept the Partner's specific terms prior to token redemption.

3.4 Validity, Expiry, and Forfeiture

Digital Vouchers carry strict, explicit expirations tied to seasonal vendor allocations. Expired vouchers are automatically forfeited, canceled, and deleted without compensation, token re-crediting, or fiat refund.

3.5 Failed/Partial Redemption and Platform Liability Disclaimers

Total Liability Exclusion & Vendor Default Risks:

1. Safari Wallet KE operates strictly as a marketplace intermediary and technology broker connecting Users with third-party travel, hospitality, and tourism providers. The Company does not own, manage, operate, control, or employ any hotels, lodges, transport fleets, aviation charters, or tour guides.
2. Accordingly, the Company explicitly disclaims, rejects, and excludes all liability for any direct, indirect, incidental, special, consequential, physical, financial, or emotional loss, injury, death, property damage, site delays, vehicle breakdowns, regulatory fines, or contractual breaches arising from or relating to the execution, provision, or enjoyment of services provided by third-party Partners.
3. This absolute exclusion of liability applies unconditionally in the event that a third-party Partner goes out of business, files for bankruptcy or insolvency, permanently or temporarily ceases operations, alters or cancels an itinerary, suffers operational bottlenecks, encounters labor strikes, or experiences any other level of service failure, negligence, or willful misconduct. The Company shall not be held legally or financially responsible for any of the third party’s misdoings, omissions, or defaults as a result.
1. Discretionary Assistance Framework & Direct Recourse:
1. While the Company is under no structural or legal obligation to indemnify, refund, or compensate the User for vendor-side defaults, the Company may, at its absolute and sole discretion and strictly on a non-precedent-setting, case-by-case basis, choose to offer administrative assistance to the User. This limited assistance is strictly confined to reasonably acting as a communications bridge to assist the User in seeking direct compensation, refunds, or an alternative service package from the defaulting third-party Partner.
2. Any assistance rendered by Safari Wallet KE under this clause does not constitute an admission of guilt, liability, or financial responsibility for the third-party Partner’s performance. The User explicitly acknowledges and agrees that their sole and exclusive legal, regulatory, and financial recourse for any service failure lies entirely with the executing third-party Partner under that specific Partner's customer agreement.
3. By executing a Token redemption and accepting a Digital Voucher, the User irrevocably agrees to release, indemnify, hold harmless, and defend Safari Wallet KE, its directors, employees, and affiliates from any claims, demands, liabilities, or lawsuits arising from or linked to third-party Partner service defaults.

4. USER OBLIGATIONS, ACCEPTABLE USE, & KYC COMPLIANCE

4.1 Account Security & Device Integrity

Users maintain exclusive, personal liability for safeguarding their device security and secret application access credentials (including alphanumeric passwords, alphanumeric PINs, and biometric encryption tokens).

• Presumption of Authorization: Any access, Token purchase, #TripSave allocation, or Redemption Request executed via your account credentials will be conclusively presumed to be authorized and directed by you. The Company assumes zero liability for unauthorized access, phone theft losses, or third-party usage of your wallet balance.

4.2 KYC (Know Your Customer) and Biometric Verification

To comply with the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59, Laws of Kenya) and to prevent fraud, the Company enforces strict verification tiers:

• Mandatory Submissions: Users must provide clean, high-resolution digital copies of their valid National Identification Card or International Passport, an active Kenyan mobile number registered in their legal name, and any other verification metrics required by our risk compliance engines.
• Right to Freeze: The Company reserves the absolute right to instantly freeze, suspend, or permanently terminate any account that submits false, incomplete, altered, or suspicious identity information, or fails a routine security verification check.

4.3 Acceptable Use and System Abuse

Users are strictly prohibited from utilizing the Platform to:

• Engage in, facilitate, or obscure money laundering, terrorist financing, fraud, or extortion.
• Attempt to reverse-engineer, decompile, exploit, script, or inject malicious code into the Token ledger or transaction matching engine.
• Engage in structured, unauthorized secondary markets or peer-to-peer exchanges to trade Safari Tokens for cash outside the system interface.

5. SYSTEM AVAILABILITY & INFRASTRUCTURE LIMITATIONS

5.1 Scheduled Maintenance and Outages

While the Company aims for continuous uptime, access to the Platform may be temporarily offline, restricted, or entirely suspended due to scheduled maintenance, software patches, database migrations, or critical security overhauls. The Company will not be liable for an inability to purchase or redeem Tokens during these downtime windows.

5.2 Intermediary Infrastructure Dependencies

The operational continuity of Safari Wallet KE relies heavily on upstream external infrastructure, including telecommunications networks (Safaricom/Airtel), banking rails, payment gateway APIs, cloud hosting environments (AWS/Azure), and third-party vendor scheduling tools. The Company explicitly disclaims all liability for transaction failures, delayed Token allocations, or redemption errors caused by the technical failures, service disruptions, API updates, or network crashes of these upstream third-party entities.

5.3 Exclusion of Consequential and Indirect Damages

To the maximum extent permitted under Kenyan law, the Company shall never be liable to the User or any third party for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, loss of business profits, loss of data, loss of travel enjoyment, business interruption, or planning losses arising from platform usage or service delays.

6. DATA PROTECTION AND PRIVACY INDEMNITY

The Company processes personal data in strict compliance with the Kenya Data Protection Act, 2019, and its accompanying regulations.

• Data Processing: By creating an account, you grant the Company explicit consent to harvest, process, store, and share your personal, identity, and travel data with payment processors and chosen third-party Partners solely to execute token purchases and service redemptions.
• Security Measures: We use advanced cryptographic encryption protocols to secure the database tracking your token inventory. For deep details on retention timelines, access requests, and data rights, please consult our full Privacy Policy.

7. ACCOUNT SUSPENSION, FORFEITURE, AND TERMINATION

The Company reserves the right, without prior notice, liability, or judicial intervention, to instantly suspend, restrict, or permanently terminate your account and forfeit any unredeemed Token balance if:

• You commit a material breach of any provision of these Terms.
• We have reasonable grounds to suspect your account is involved in fraudulent, deceptive, or illegal activity.
• A formal directive or investigative order is issued by a Kenyan regulatory, law enforcement, or judicial authority.
• The account remains entirely inactive and unaccessed for a consecutive period exceeding twenty-four (24) months, after which the balance may be classified as abandoned and closed.

8. COMPREHENSIVE TIERED DISPUTE RESOLUTION & JURISDICTION

8.1: Internal Support Escalation

In the event of a dispute, claim, or discrepancy relating to token balances, app functionality, or redemption processing errors, the User must formally report the issue to Platform Support within forty-eight (48) hours of the occurrence. The Company will review and attempt to amicably resolve the issue within fourteen (14) business days.

8.2: Governing Law & Jurisdiction

These Terms and Conditions, including their validity, interpretation, performance, and breach, shall be governed by, construed, and enforced strictly in accordance with the Laws of the Republic of Kenya, under total exclusion of its conflict of law principles.

8.3: Exclusive Venue & International Parties

The place of contract performance and exclusive legal venue for any litigation or formal dispute arising out of or in connection with these performed services shall be Nairobi, Kenya. This exclusive jurisdiction applies unconditionally to all Users, including international tourists, cross-border corporate partners, or legal persons under public law who do not maintain a permanent place of business or physical domicile within the Republic of Kenya.

9. GENERAL PROVISIONS

9.1 Unilateral Right to Amendment

The Company reserves the absolute right to amend, alter, update, or rewrite these Terms and Conditions at any time. Any changes will be published directly on the Platform interface, and the "Last Updated" date will be modified accordingly. Your continued usage of the application, purchase of Tokens, or invocation of the #TripSave feature following the posting of modifications constitutes your unconditional, legally binding acceptance of the revised Terms.

9.2 Severability

If any provision, paragraph, or clause of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that specific provision shall be severed, and the remaining provisions of this Agreement shall continue in full force and effect.

9.3 Entire Agreement

These Terms and Conditions constitute the entire, integrated legal agreement between the User and Safari Wallet KE regarding the platform service model. They supersede all prior oral communications, promotional marketing materials, text conversations, or draft agreements.