Agreement to Terms
The Terms of Use Agreement (“Agreement”), created on the effective
date and last amended on date above, is made between you (“user,”
“you” or “your”), and:
Website owner
Website URL: https://www.mizormor.com
Company Name: Mizormor Ltd
:
Address: GW-0297-1001, Pokuase, Accra-Ghana
E-mail: hello@mizormor.com
Phone: +233 24 226 7686
The owner mentioned above includes its affiliated companies, websites,
applications, software, and tools (the “Company,” “we,” “us,” or
“our”), and, with this Agreement, outlines the rights and obligations
that you and all users share, as well as any other media form, media
channel, mobile website or mobile application related or connected
thereto (collectively, the “website”), for the purpose of making use
of any of the content, software, or other tools on the website
(“services”).
General terms
These terms of use govern the use of our website and mobile
application (collectively called the “Platform”) and define the
legally binding terms on which you access, browse, register or
otherwise use the Platform to enjoy our services. The terms of use
apply to all users of the Platform including guest users.
By using our Platforms in any manner, you confirm that you accept
these terms of use and that you agree to comply with and be bound by
them.
You understand that breach of any of these terms of use may result in
your rights to use the services on the Platform being restricted,
suspended or withdrawn.
We may amend these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes
we make as they will be binding on you. If you are an existing user,
we will.
If you do not agree to these terms of use, you must not access this
Platform or use the services.
Services
This Platform allows users to do the following:
- Plan trips
- Sell tours.
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Browse tours displayed on the Platform by travel and tour
agencies.
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Request the services of agencies on the Platform to help them plan
their trips.
The platform contains a variety of tours and experiences offered by
travel and tour agencies you can choose to book from
Mizormor may not be affiliated or have any form of partnerships with
these agencies. Our only job is to make the Platform available for you
to be able to book these tours without breaking a sweat.
We have no control over and do not guarantee the existence, quality
and safety of the tours advertised. We do not guarantee the truth or
accuracy of agencies’ offers and the ability of agencies to provide a
tour experience as described.
We cannot give any undertaking that tours booked through this Platform
will be executed to give the maximum expectation and, this and any
other such warranties (whether express or implied) are disclaimed by
us to the fullest extent permitted by law.
Accessing our Platform and the Services
Your access to and use of the Platform and the services is conditional
upon your acceptance of and compliance with this Agreement, which
applies to all the Platform’s visitors. If for any reason, you do not
agree with any of the terms of this Agreement, you may not access the
Platform or its services.
Additionally, your access to and use of the services is also
conditional upon your acceptance of and compliance with our privacy
policy which describes our policies and procedures on the collection,
use, and disclosure of your personal information which is initiated by
and commences when you use the Platform. The privacy policy discloses
details and discloses your privacy rights and protections under
applicable laws. It is advised to read our privacy policy prior to
accessing the Platform or its services.
Minors (under the age of 18)
If any user is a minor in the jurisdiction where they reside, the
minor must obtain permission from their parent or guardian to use the
Platform. If a minor accesses the Platform, it is assumed that their
parent or guardian has read and agrees to this Agreement and has given
permission to the minor to use the Platform.
Children (under the age of 13)
Mizormor does not knowingly collect any Personal Identifiable
Information from children under the age of 13. If you think that your
child provided this kind of information on our website, we strongly
encourage you to contact us immediately and we will do our best
efforts to promptly remove such information from our records.
We do not claim that the Platform's content is appropriate or suitable
for you or any visitor. No information, data, or information provided
on the Platform is intended for distribution or use in any location
where such usage is prohibited or is contrary to any law or regulation
which would subject the Company to the legal liability of any type.
Any such access or use of the Platform is to be utilized on your own
initiative, and you are solely responsible for any legal compliance.
We do not guarantee that our Platforms or any of the Services, will
always be available, uninterrupted or fault free. We will not be
liable to any user of the Platform if for any reason the Platform is
unavailable at any time or for any period.
We do not guarantee that our Platform or any content on it will be
free from errors or omissions.
You are responsible for making all arrangements necessary to have
access to our Platforms and for ensuring that all persons who access
the Platform through your user profile are aware of these terms of use
and other applicable terms and conditions, and that they comply with
them.
Any supplemental amendments or documents posted on the Platform
following the effective date of this Agreement are to be considered
expressly incorporated into this Agreement.
User accounts
To be able to use our Platform, you have to create an account. You
agree to be responsible for safeguarding its information including
account data, connected e-mails and any other personal information
located therein. If you are made aware of any breach of unauthorized
use of the account, to notify us as soon as possible.
As part of your account creation proccess, you will be made to create
a username. Such username must be appropriate for public viewing and
not violate any trademark, copyright, or other protected names or
marks.
As part of the Platform's functionality, you may be able to link and
connect a social media profile with your account for sharing
information, logging into the Platform, or for any other reason that
is in accordance with the terms of this Agreement and the social media
company’s terms of use (“social media profile”).
If connecting a social media profile with the Platform, it is
acknowledged that you may be required to disclose its login
information or grant us access. Such disclosure or access is within
the terms of use of the social media profile and that you understand
that:
-
We may access, make available, and store (if applicable) any
content that you have provided to and stored in your social media
profile so that it is available on and through the Platform via
your account, including without limitation any contacts;
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We may submit and receive data, which may include personal
information, to your social media profile upon its connection to
the Platform;
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That you have the ability, at any time, to disable the connection
between the Platform and the social media profile; and
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That the relationship between you and your social media profile is
governed solely by its terms of use and in no way does this
Agreement amend your rights and responsibilities unless otherwise
stated.
Due to the policies commonly mentioned in a social media company’s
terms of use, we make no effort to review any content produced through
the connection of a social media profile unless notified by other
users, a 3rd party, or another event that triggers a review of the
account.
User obligations
You, as a user of the website or any of its services, agree to the
following:
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Any information used for registration purposes, if required, must
be submitted in an accurate and completed manner;
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If any information should change regarding your account, you agree
to change it in a timely fashion;
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You have the legal capacity to understand, agree with, and comply
with this Agreement;
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That you are not considered a minor in the jurisdiction where you
reside or are accessing the website or its services;
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That you will not access the website or its services through the
use of bots, scripts, or any other use than the traditional manner
as is intended; and
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That you will use the website and its services in an authorized
and legal manner in accordance with this Agreement.
In regard to any of the information submitted by you, if it should be
deemed inaccurate, out of date, or incomplete, we reserve the right to
terminate your access to the website or account and any future
intended use.
Payment
All payments made on our Platform are processed by a third-party
payment processor which provides a gateway for online payments.
In order for users to successfully book a tour. Payment may be done
through any of the following:
- Payments through a debit card; or
-
Any other payment methods/channels our payment service partners
may provide from time to time.
The payment processor is solely responsible for all payment
transactions consummated on our Platform.
The tour prices are displayed on the pages and include any tax
applicable taxes.
A booking is only valid when payment is done and confirmed.
By creating an account, you agree to be bound by these terms of
payment.
Intellectual Property
Except as otherwise indicated, all source coding, databases,
functionalities, software, graphic designs, and media of any kind
(e.g. audio, video, text, photos, etc.), content, trademarks, service
marks, logos, and copyrights are considered to be intellectual and
proprietary information (“intellectual property”). Such intellectual
information is under our ownership and protected by local, state,
national, and international laws and will be defended.
We and our Partners own all intellectual property rights in the
Platform and any materials published on it. These rights are protected
under applicable copyright laws and all such rights are reserved. You
may only access and use the materials for personal use and you may not
otherwise reproduce, distribute, publicly display or modify without a
license to do so from us.
We own or are the licensor of all rights, titles, interests, in and to
the Platform including all rights under patents, copyrights, design
rights, trade secrets, and any and all other proprietary rights. Any
disassembling, decryption, extraction, re-use, re-engineer, reverse
engineer, copying or more generally any act of reproduction,
representation, transmission or use of any of these elements, in part
or in whole, without the authorization of the company is strictly
prohibited and may be result in legal action.
If you believe the content of our Platform may have infringed on your
copyright in any manner, kindly contact us and we will immediately
take steps to stop or remedy such breach.
You acknowledge that words and terms used to describe the tours listed
on the Platform were provided by agencies. Mizormor will not be liable
for any inappropriate or inaccurate use of tours and/or their details
on this Platform. Kindly contact us if you believe a tour and/or its
details have been wrongly described and we will immediately take steps
to remedy the same.
No Reliance
The content on our Platform was provided for general information only
and is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our
Platform, we make no representation or guarantee, whether express or
implied, that the content on our website/application is complete or
up-to-date and you acknowledge that any reliance on such information
will be at your own risk.
Limitation of Liability
Nothing in these terms of use excludes or limits our liability for
personal injury arising from our negligence or fraudulent
misrepresentation or any other liability that cannot be excluded or
limited by Ghanaian law.
To the extent permitted by law, we exclude all conditions, warranties,
representations or other terms which may otherwise apply to our
Platform or any content on it, whether express or implied.
We assume no responsibility for the content of websites linked to our
Platform. Such links should not be interpreted as endorsement by us of
those linked websites. We will not be liable for any loss or damage
that may arise from your use of them.
As a user, please note that we only provide our Platform for domestic
and private use. You agree not to use our Platform for any commercial
or business purposes without a written unequivocal consent and we have
no liability to you for any loss of profit or loss of business
opportunity.
As a user, please note that we only provide our Platform for domestic
and private use. You agree not to use our Platform for any commercial
or business purposes without a written unequivocal consent and we have
no liability to you for any loss of profit or loss of business
opportunity.
We are not liable for any damage which may be incurred by you from
unauthorized use of, tampering or access to your Mizormor account.
Mizormor is not liable and you agree not to hold Mizormor liable for
any damages or losses resulting either directly or indirectly from:
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Delays or disruptions in our Services, software, and Platform;
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Your use or inability to use or access our Services or Platform;
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A suspension or other actions taken with your Mizormor account;
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Any access or use of our services in a manner that is inconsistent
with this terms of use or any error, inaccuracies, losses or
omissions in or to any data provided to us; and
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Any damage caused by a virus or other technologically harmful
material that may infect your electronic devices due to the use of
our Platform or any website linked to it.
We will not be liable to any user for any loss or damage, whether in
contract, tort (including negligence), breach of statutory duty, or
otherwise, even if foreseeable arising in connection with use of or
inability to use our Platform.
Indemnification
You agree to indemnify, defend and hold Mizormor harmless against any
loss, damage, liability and claim due to or arising out of your
- Use or misuse of our Services; and
- Breach of these terms of use or any applicable law.
We reserve the right at your expense to assume the exclusive defence
and control of any matter for which you are required to indemnify us,
and you agree to cooperate with our defense of such claims.
Term and Termination
This term of use becomes effective from the date you start using our
services and continues until it is terminated by either you (through
the closing of your account) or us.
Restricted Activities
Our Platform must be used only for lawful purposes. You must not, and
must not allow another person to use it for any purpose other than
which we made it available.
As a user of our Services and Platform, you agree not to use them:
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In a way that breaches the provision of any applicable law or
regulation;
- In a way that is not authorized by us or detrimental to us;
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For any fraudulent purpose or act (Including provision of false
identification); and
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To modify, adapt, decipher, disassemble or reverse engineer any of
the software making up a part of our Platform.
Electronic Communication
By accessing and using our Services, you consent to receiving
electronic communications, and that all notices, disclosures and other
communications we provide to you electronically through emails or
displayed on our Platform satisfy any legal requirement for written
communications.
You agree to the use of electronic signatures, contracts, orders and
other records and to electronic delivery of records of transactions
initiated or completed by you. You waive the rights or requirements of
any law in any jurisdictions which require original signature, or
delivery or retention of non-electronic records.
Severability
If any of these terms of use are determined by any competent authority
to be invalid, unlawful or unenforceable to any extent, such term,
condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by Ghanaian law.
Personal Data
The company collects and processes users’ personal data. For further
details, every user is encouraged to read the Platform’s “Privacy
Policy” . For the avoidance of doubt, with the exception of our
payment provider, we do not share your details with any other third
parties.
Sanctions of Breaches
In the event of any fraud, breach of these terms of use or violation
of applicable laws or regulations, we reserve the right to take any
appropriate measure, including without limitation:
-
Suspending or terminating access to all or part of the services of
the user who committed the breach; and/or
- Alerting all relevant authorities and taking legal action.
Any suspension or termination shall take full effect on the date we
send the communication to the user and the user’s account will be
automatically deleted without further notice.
Booking Tours
In the event of any fraud, breach of these terms of use or violation
of applicable laws or regulations, we reserve the right to take any
appropriate measure, including without limitation:
Promo Codes
Mizormor may at Mizormor’s sole discretion, create promotional codes
that may be redeemed for purchase discount, or other features or
benefits related to the Services, subject to any additional terms that
Mizormor establishes on a per promotional code basis (“Promo
Codes”).You agree that Promo Codes:
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Must be used for the intended purpose, and in a lawful manner;
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May not be duplicated, sold or transferred in any manner, or made
available to the general public (whether posted to a public form
or otherwise);
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May be disabled by Mizormor at any time for any reason without
liability to Mizormor;
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May only be used pursuant to the specific terms that Mizormor
establishes for such Promo Code;
- Are not valid for cash; and
- May expire prior to your use.
Mizormor reserves the right to withhold or deduct credits or other
features or benefits obtained through the use of Promo Codes by you or
any other user in the event that Mizormor determines or believes that
the use or redemption of the Promo Code was in error, fraudulent,
illegal, or in violation of the applicable Promo Code terms or these
Terms
Participatin in tours
In the event of any fraud, breach of these terms of use or violation
of applicable laws or regulations, we reserve the right to take any
appropriate measure, including without limitation:
Complaints
Users are to submit complaints to the customer service via the
livechat box on the mobile application.
Disclaimer
It is recognized to you, as a user of the website and any services
offered, that they are provided on an “as-is,” “where is,” and “as
available” basis, including faults and defects without warranty.
To the maximum extent permitted under applicable law, the company, on
its own behalf and those of its affiliates, licensors, and service
providers, expressly disclaim all warranties, whether express,
implied, statutory, or otherwise, with respect to the said website and
any services offered, including all implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of the course of
dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, we provide no warranty or undertaking,
and make no representation of any kind, that the content or any
services provided will meet your requirements, achieve any intended
results, be compatible or work with any other software, applications,
systems, devices, or services, including operating without
interruption, or meet any performance or reliability standards or be
error and bug-free from any defects that can or will be corrected.
Without limiting the foregoing, neither we nor any of our providers
make any representation or warranty of any kind, express or limited,
in regard to the following:
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The operation or availability of the website or any services, or
the information content, and materials or products included
herein;
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The website or any services being uninterrupted or bug-free;
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The accuracy, reliability, or currency of any information or
content provided through the website or services; and
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The website or any services, servers, content, or e-mails sent on
behalf of our company is free of viruses, scripts, trojan horses,
worms, malware, timebombs, or any other harmful code.
Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on the applicable statutory rights of a
consumer. Therefore, some or all of the above exclusions and
limitations may not apply to you. The exclusions and limitations
outlined in this section will be applied to the greatest extent under
applicable law.
Indemnification
You agree to defend, indemnify, and hold us harmless, including any of
our subsidiaries, agents, or affiliates and our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any 3rd party due to or arising out of the
following:
- Our content;
- Use of the website or any of our services;
- Not able to use the website or any of our services;
- Any breach of this Agreement;
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Any beach of representations and warranties set forth in this
Agreement;
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Any violation of the rights of a 3rd party, including but not
limited to intellectual property rights; and
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Any overt harmful act toward any other user of the website or its
services.
Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We agree to use reasonable
efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
Notices
Except as explicitly stated otherwise, any notices sent to us must be
sent to hello@mizormor.com. Any notices sent to you regarding any
communication that must be sent in accordance with this Agreement will
be sent to the e-mail registered to any account created on the
website.
If notice is required to be sent via standard mail for legal or other
purposes, the mailing address in Section 1 of this Agreement should be
used.
Electronic Means
When accessing the website or any of its services, sending e-mails,
online forms, esignatures, or any type or kind of electronic records
or communication, you consent that all agreements, notices,
disclosures, and other communications we provide to you in such manner
satisfies any legal requirement that such communication should be in
writing. You hereby agree that the use of such electronic means will
be regarded as sufficient and be viewed as the same as its physical
counterpart. Furthermore, you hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in
any jurisdiction which require an original signature or delivery or
retention of non-electronic records.
European Union (EU) Users
If you are a European Union (EU) resident, consumer, or user, it is
recognized that you are entitled to specific protections on how your
personal information is collected. We, in our privacy policy, attempt
to be in accordance with such rules and regulations.
Miscellaneous
This Agreement and any policies or operating rules posted by us, on
the website, or through any services or in respect to such constitute
the entire Agreement and understanding between you, as a user, and us,
as a company. Our failure to exercise or enforce any right or
provision of this Agreement will not operate as a waiver of such right
or provision. This Agreement operates to the fullest extent
permissible by law in accordance with the jurisdiction where we are
located and to the protections that you, as a user, are entitled to in
your jurisdiction. We reserve the right to assign any or all of our
liabilities, services, and obligations to another party at any time.
We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by an event beyond our reasonable control.
If any provision, section, clause, or part of this Agreement is
determined to be unlawful, void, or unenforceable, that said portion
of this Agreement is determined to be severable and does not affect
the validity and enforceability of any remaining language.
It is understood that this Agreement does not create a joint venture,
partnership, employment, or agency relationship between you and us,
the website, or any of its services. You agree that this Agreement
will not be construed against us by virtue of having drafted and
published on the website for your review. Therefore, you agree to
waive any and all defenses that may have been assumed under this
Agreement and the lack of signing by any party hereto.
If this Agreement has been translated, you agree that its original
English text shall prevail in the case of a dispute.
These terms of use are governed by the Ghanaian law. In the event of a
dispute regarding the validity, interpretation and/or execution of
these terms, the parties submit to the exclusive jurisdiction of the
Ghanaian courts.