Agreement between You and MoMo Travel
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, YOU MUST DISCONTINUE USING THIS WEBSITE.
Thank you for visiting MoMo Travel'
website http://www.momotravel.com/ (the "Website"). The website is
owned and operated by Next Ticket Limited (trading as and hereinafter referred
to as "MoMo Travel") whose principal office is at, Plot 13, Naguru
Summit View Road, Kampala.
For the avoidance of doubt, these Terms
and Conditions relate only to your access to and use of the Website, as a guest
or registered user, and activity on this Website will also be subject to our
Conditions of Carriage. These will apply if you enter into a booking with us
Our Data protection/ Privacy Policy. This sets out the terms upon
which we process, store and manage any personal data we collect from you, or
that you agree to provide to us
Our Acceptable Use Policy. This sets out the permitted
uses and any prohibited activity or use in relation to our Website. When using
our Website, you must comply with the Acceptable Use Policy at all times
Our Cookie Policy. This explains the use of
cookies on our Website and relevant information.
By using this Website, you unconditionally
and irrevocably confirm, agree and accept all of the terms and conditions
contained herein and any other legal notices, policies, and guidelines linked
to these Terms and Conditions (Agreement).
You represent and warrant that you possess
the legal right, are of legal age and hold the capacity to enter into this
Agreement. Further, you undertake that you will use this Website only in
accordance with the Agreement.
We may change these Terms and Conditions
at any time without advance notice and at our sole discretion. Any changes to
these Terms and Conditions shall become effective once posted on the Website
and shall supersede all previous terms and conditions posted; however, the
changes will not have any retrospective effect on contractual arrangements made
through this Website prior to the changes coming into effect.
Your continued use of this Website after
any change means that you have irrevocably accepted the amended and/or changed
terms and conditions.
Disclaimer
General
This Website is made available to you free
of charge. Your access to and use of software and other materials on, though,
or in connection with this Website is solely at your own discretion and risk.
We make no warranty and/or guarantee whatsoever about the reliability,
applicability, operation, stability or virus-free nature of such software or
the Website.
We have taken all reasonable steps to
ensure that the information provided by us on this Website is accurate.
However, we cannot and have not checked the accuracy of the information,
content and/ or data provided by external and third-party sources, for example,
by the providers of other information, or of other parties linked to or from
the Website. You agree and understand that we do not control or manage the
content of any third-party websites and as such we cannot comment upon or
guarantee the information they are providing. Your use of any third-party links
or deviations away from the Website is solely at your own risk.
Reliance
Commentary and other materials posted on
this Website are not intended to amount to advice or guidance upon which any
reliance should be placed. Therefore, to the maximum extent permitted by
applicable law, we disclaim all liability and responsibility whatsoever and
howsoever arising from any reliance or guidance placed on such materials or
information by any visitor to our Website, or by anyone who may be informed or
act upon any of its contents.
Availability
We aim to ensure that the availability of
the Website will be uninterrupted and that transmissions will be error-free.
However, due to the nature of the internet, this cannot be guaranteed.
We reserve the right (and for any reason
whatsoever) to withdraw or amend the service(s) we provide on the Website at
any time, without notice and at our sole discretion. Also, your access to the
Website may occasionally be suspended or restricted to allow for repairs,
maintenance, or the introduction of new facilities or services. Although we
will attempt to limit the frequency and duration of any such suspension or
restriction, we will not be liable if for any reason the Website is unavailable
at any time or period.
Access
You are responsible for making all
arrangements necessary for you to have access to the Website and agree that you
are solely responsible for all costs and expenses you may incur in relation to
your use of the Website.
In addition, you are responsible for
ensuring all persons accessing the Website through your internet connection and
in your home or organization are fully aware of the existence of the Agreement
and that they fully comply with it.
We seek to make the Website as accessible
as possible. If you have any difficulties using the Website, please refer to
the Website contact section below.
Account and Passwords
Where you are provided with a user name,
code or password or similar information forming part of our security
procedures, you must treat this information as confidential at all times and
therefore you agree not to disclose it to any third party
We reserve the right to suspend, withdraw
or disable any user name, code or password at any time if in our sole opinion
you have failed to comply with any of the provisions of the Agreement.
It is your responsibility to notify us if
you know or suspect that anyone other than you become aware of your Website
user name, code or password and/or any other detail that should be confidential
to you. All such notifications must be made to reservations@momotravel.com
Disclaimer of warranties
To the maximum extent permitted by
applicable law, we disclaim all warranties, representations, covenants and/or
guarantees relating to the information, data, software, applicability, products
and/or services contained in this Website. All such information, data,
software, applicability, products and/or services are provided 'as is' without
warranty of any kind, including all implied warranties and conditions of
merchantability, fitness for a particular purpose, title and non-infringement,
irrespective of jurisdiction.
Bookings.
All bookings shall be made subject to
availability, and the former shall be confirmed only after a successful payment
and issuance of a confirmation email or voucher. By accepting these terms you
acknowledge you are responsible for providing accurate personal and contact
details at the time of booking, reviewing your booking details before payments.
In the event of any error in the booking
details, you must make the amendment/ changes on the platform before 12:00AM on
the day of making the initial booking, any request for amendment made
thereafter shall attract a fee set out on this platform.
Upon successful completion of the booking
process, A booking confirmation (ticket, receipt, or email) will be issued once
payment is successful. MoMo Travel reserves the right to refuse or cancel any
booking that violates these terms or involves fraudulent activity.
Payments
All payments shall be made only through MTN
Momo, and upon completion of the payment process, you shall receive an SMS /
email notification confirming or acknowledging receipt of such payment
containing/ a verification number.
MoMo Travel reserves the right to refuse
or cancel any payment that violates these terms or involves fraudulent activity.
Upon successful payment of the Ticket
fees, a copy of the Ticket shall be sent to your registered email with the
platform, and shall be made available for downloading on your dashboard on the
MoMo Travel App/Website.
Amendments & cancellations
.
Any preferred change on the ticket details
after issuance shall attract a fee as set out on Momo Travel platform.
Terms and conditions of the booked Airline
on amendments and cancellations shall also apply as if they are expressly set forth
herein.
Refunds
Refunds shall only be issued in accordance with these terms
herein and are not automatic
Refunds may be granted if:
Refunds will not be granted if:
Refunds may take a
specified number of working days to process (e.g. 7–14 working days).and , it
will be processed using the original method of payment / MTN MoMo, save that
Service charges, processing fees, or administrative fees are non-refundable
Terms and conditions of the booked Airline on refunds shall
also apply to hereto as if they are expressly set out herein
Limitation of Liability
In no event shall we be liable for any
direct, special, indirect, incidental, consequential (including among other
things loss of revenue or profits), punitive, or exemplary, damages of any kind
or subject to equitable or injunctive remedies
arising out of access to, or use of this website, or delay or inability
to use this website, or any information contained in this website; or, the
availability and utility of products and services.
We shall not be liable, in contract, tort
(including, without limitation, negligence), pre-contract or other
representations (other than fraudulent or negligent misrepresentations) or
otherwise out of or in connection with the Website for any other losses
(including without limitation loss of revenues, profits (whether direct or
indirect), contracts, business or anticipated savings), any loss of goodwill or
reputation or any special, consequential or indirect losses suffered or
incurred by you arising out of or in connection with your access to, use and/or
availability of the Website.
Notwithstanding the above, if in special cases Courts find the above
Clause to be void, liability shall only be limited to negligence attributable
to our acts or omission, and if it is
found that you suffer damages whilst using the Website as a direct result of
our negligence, our liability for those damages shall be strictly limited to
the price that you have paid to purchase products and/or services on the
Website.
Liability for any service performed by us
shall be governed by the Conditions of the law on Air ticket- Agency.
We will not be liable for any loss or
damage caused by a virus, distributed denial-of-service attack, or other
technologically harmful material that may infect your computer equipment,
mobile communication device, applications, computer programmes, data or any
other material, due to your use of the Website or downloading any content from
it, or any website(s) linked to it.
Nothing in this limitation of liability
shall exclude liabilities not permitted to be excluded by applicable law.
Indemnity
As a condition of use of this Website, you
agree to hold us harmless and indemnify us from and against any and all
liabilities, losses, claims, expenses (including attorney's fees) and damages
(whether direct or indirect) arising out or in connection with claims resulting
from your use of this Website, including without limitation any claims or
losses alleging facts that if true would constitute a breach by you of the
Agreement.
Limitations on use
You agree to use this Website solely to
determine the availability of goods and services and make legitimate
reservations or transact business with us. You agree to use the website only
for personal, non-commercial use and not to make false reservations or any
reservation in anticipation of demand.
You agree to not abuse the Website -
'abuse' includes, without limitation, using the Website to:
Defame, harass, stalk, threaten, abuse or
otherwise violate others' rights as defined by any applicable law
Harm or interfere with the operation of
others' computers and software in any respect, including, without limitation,
by uploading, downloading or transmitting corrupt files or computer viruses
Violate applicable intellectual property,
publicity or privacy rights, including, without limitation, by uploading,
downloading or transmitting materials or software
Omit or misrepresent the origin of, or
rights in, any file you download or upload, including, without limitation, by
omitting proprietary language, author identifications, or notices of patent,
copyright or trademark
Transmit, post, or otherwise disclose
trade secrets, or other confidential or protected proprietary material or
information
Download or upload files that are unlawful
to distribute through the Website;
Interfere with or disrupt the Website or
servers or networks connected to the Website, including attempting to interfere
with the access of any other user, host or network, including without
limitation overloading, initiating, propagating
Participating, directing or attempting any
‘denial-of-service’ attacks, ‘spamming’, ‘crashing’, ‘flooding’ or ‘mail
bombing’ the Website
Direct bots, spiders, crawlers, avatars,
intelligent agents or any other automated process at MoMo Travel’ computer
systems or otherwise, create unreasonable load upon any of MoMo Travel’
computer hardware, network, storage, input/output or electronic control devices
or infrastructure
Transmit any information or software
obtained through the Website, or copy, create, display, distribute, license,
perform, publish, recreate, reproduce, sell, or transfer works deriving from
the Website
Cause to appear any pop-up, pop-under,
exit windows, expanding buttons, banners, advertisement, or anything else which
minimizes, covers, or otherwise inhibits the full display of the Website
Use the Website in any way which
interferes with the normal operation of the Website
Falsely use a password or personal
identification number during logging into the Website, or misrepresent one's
identity or authority to act on behalf of another
Behave or omit to behave in any manner
that violates any of these Terms and Conditions
Since we provide services and products in
many parts of the world, this Website (and its links and pointers) may refer to
certain goods, products and/or services that are not available in your area. A
reference to goods, products and/or services without limiting their
geographical scope does not automatically imply that we offer or intend to
offer the same in all locations
Uploading Content to the Website
If you choose to make use of a feature
permitting you to upload content to the Website, you must comply with the
content requirements and standards set out in our Acceptable Use Policy.
You confirm and warrant that any
information you upload or that is uploaded on your behalf complies with those
standards, and you will be liable to us and indemnify us for any breach of this
warranty.
Any content you upload will automatically
be considered as confidential, save that you grant us a non-exclusive,
royalty-free, irrevocable, worldwide right and license to use, copy (in whole
or in part), adapt, distribute and disclose such content within MoMo Travel, and
affiliates for purposes performance of a flight booking. You hereby waive any
and all moral rights under applicable law in relation to such content and, to
the extent such rights cannot be waived, agree not to assert or enforce such
rights against MoMo Travel, its affiliates nor any third parties.
We reserve the right to remove any posts
or uploads you make to our Website if, in our sole opinion, your post does not
comply with the content requirements and standards set out in our Acceptable
Use Policy.
Intellectual Property Rights
Information concerning MoMo Travel and our
services, including flight schedules, routes, fares, text, graphics, button
icons, audio and video clips, digital downloads, data compilations (including
customer, recruitment, employment and human resources information and/or data),
logos and information regarding the status of our flights shall be referred to
as Company Information for the purposes of the Agreement.
MoMo Travel owns all intellectual property
rights in the Website, its content, materials and in the Company, Information
including, but not limited to, any copyright, trademarks, database rights and
any and all other rights to and in the Company Information.
This Website is for your personal,
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from this
Website.
You may print or download one copy of any
relevant extracts or pages from our Website for your personal use. You must not
amend or modify any paper or digital extracts taken from the Website or use any
photographs, video/audio sequences, illustrations, graphics or logos as appear
on the Website separately from accompanying text or in any context that differs
from that displayed on the Website. Any materials, prints, copies or downloads
obtained in breach of this Agreement are not authorized and will lead to the
immediate termination of your right to use the Website and you must destroy or
return any materials in your possession.
You agree and undertake that you will not
use the Website nor any part of the Website for commercial purposes without
obtaining a license from us to do so. Any license shall be granted in our sole
discretion and where we do grant you such a license, your use of the content of
our Website you will be subject to the terms of that license.
MoMo Travel and any other product or trade
names referenced herein or connected to the same are our service marks whether
registered or unregistered service trademarks. You may not, without our prior
written consent use, replicate or carry out or omit to carry out any act that
may infringe our title and rights to our service marks or trademarks; and your
use of the Website by no means grants you any right and/or title to the same.
Other product and company names mentioned
herein may be the trademarks of their respective owners and although we have
been granted the right to use such trademarks for the Website, your use of the
Website by no means affords you any rights or title to any third-party
trademarks.
Security
We will take all reasonable measures to
ensure any information you transmit to us using the Website will remain
confidential and protected from unauthorized access. However, no warranties are
provided in relation to unauthorized access to that information. As such, we
will not be liable for any unauthorized access unless such is caused solely by
our gross negligence.
To ensure secure online payment and all
other transactions of personal data, the Website uses a
technology called Secure Socket Layer (SSL). SSL encrypts all communications
between your browser and the web server so that the information remains private
and integral. A closed lock on the browser window indicates a secure
connection. For further information, please consult your browser's security
specifications. If your browser is equipped with SSL, your transaction will
automatically be secured.
Website contact
Please use the Contact us section of the
Website to get in touch with the MoMo Travel Customer Centre and an agent will
assist you with your query.
Web browser compatibility
To view the Website and purchase travel
online, we recommend you use a web browser equivalent to Internet Explorer 11,
Chrome 54, Firefox 49 or Safari 10. The browser you use must support Secure
Socket Layer (SSL) encryption and JavaScript.
Disabling any of these features or using
older non-compatible browsers may reduce Website functionality.
General
This Agreement constitutes the entire
agreement between you and MoMo Travel relating to your use of the Website and
supersedes any prior understandings or agreements (whether written or oral),
claims, representations and understandings between us regarding such subject
matter and the Agreement may not be amended or modified except by making such
amendments or modifications available on this Website.
If any provision or part-provision of this
Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed
modified to the minimum extent necessary to make it valid, legal and
enforceable. If such modification is not possible, the relevant provision or
part-provision shall be deemed deleted. Any modification to or deletion of a
provision or part-provision shall not affect the validity and enforceability of
the rest of this Agreement.
If we choose not to enforce any right that
we have against you at any given time, then this does not prevent us from
deciding to exercise or enforce that right at a later stage.
This Agreement is drafted in the English
language. Should it be translated into any other language, the English language
version shall prevail.
Any notice given under or in connection
with this Agreement shall be in the English language. All other documents
provided under or in connection with this agreement shall be in the English
language or accompanied by a certified English translation. If such a document
is translated into any other language, the English language version shall
prevail unless the document is a constitutional, statutory or other official
document.
Except for our group companies,
affiliates, directors, employees or representatives, a person who is not a
party to this Agreement has no right to enforce the terms of this Agreement.
You may not transfer any of your rights
and duties in this Agreement to any other person (this includes, but is not
limited to, a transfer by way of assignment or sublicence).
Applicable law and jurisdiction
The Agreement and any dispute or claim
arising out of or in connection with it or its subject matter or formation
(including non-contractual disputes or claims) shall be governed by, and
construed in accordance with, the laws of the Republic of Uganda.
Each party agrees that the courts of the
Republic of Uganda shall have exclusive jurisdiction to settle any dispute or
claim arising out of or in connection with this Agreement or its subject matter
or formation (including non-contractual disputes or claims).