Terms of Service

1. Parties and Definitions

• “Kenia Safari Companion” or “the App” means this mobile application.
• “Tusker Trails”, “we”, “us” or “our” means Tusker Trails (Pty) Ltd.
• “KWS” means the Kenya Wildlife Service and related park or conservancy authorities.
• “User” or “you” means anyone who downloads, installs or uses the App.
• “User Content” means sightings, notes, photos or other information you create.
• “Donated Data” means anonymised sighting data you voluntarily upload via Donate Data.
• “Auto-Share” means the optional setting that may upload anonymised new sightings as you log them.

2. Acceptance of Terms

By downloading, installing or using Kenia Safari Companion, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the App.

These Terms cover animal checklists, the Sightings Map, Hub guides (getting there, gates, fees, seasons, rules, malaria, packing, emergency info), optional Auto-Share / Donate Data, and related features.

This version does not provide user accounts, login, cloud sync or community chat.

3. Safety and Assumption of Risk

The App is for use in and around Kenya’s national parks, reserves and conservancies, which contain wild animals and environmental hazards.

• You voluntarily assume all risks of visiting wild environments, including injury, death or property damage from wildlife, terrain or weather.
• Sighting markers, Hub text and map information may be incomplete, outdated or user-generated and must not replace your judgement or official park guidance.
• The App is never a substitute for ranger instructions, medical advice or official safety rules.
• The Sightings Map is for orientation and your logged sightings — not a guarantee of road conditions, routes or safety.

3.1 Emergency Assistance Information

Emergency contacts, numbers and procedures in the App are for convenience only.

• We do not operate or guarantee third-party emergency, medical, police or recovery services listed.
• Any action you take in an emergency is at your own risk. Follow qualified rescuers, medics and park authorities first.
• We accept no liability for failed calls, weak signal, incorrect numbers, delayed rescue or adverse outcomes from relying on Emergency Information.

4. User Conduct and Park Rules

You agree to follow KWS and local park/conservancy rules at all times. You agree NOT to:

• Use the App to harass, chase or disturb wildlife.
• Drive recklessly or dangerously to reach a sighting.
• Leave vehicles where prohibited.
• Submit false, misleading or malicious reports or donated data.
• Use the App unlawfully or in a way that harms KWS, parks or Tusker Trails.

5. User Content

5.1 You Own Your Data

Sighting logs and similar User Content on your device belong to you. We do not claim ownership of your local checklist.

If you enable Auto-Share, Donate Data or submit an optional report, you grant Tusker Trails a non-exclusive, worldwide, royalty-free licence to store and use that anonymised content to operate the App and for conservation / research as described in the Privacy Policy. We do not sell your User Content.

5.2 Auto-Share and Donate Data

Both features are optional. Auto-Share may upload anonymised new sightings while enabled. Donate Data uploads selected anonymised historical sightings when you confirm. You may disable Auto-Share or stop future donations in Settings. Disabling does not recall data already sent.

5.3 Local storage and backups

Sightings and settings are stored on your device. Backup / Restore exports or imports local data under your control. Uninstalling the App or clearing app data may permanently delete local sightings unless you have a backup.

6. Privacy

Personal information is handled as described in our Privacy Policy, which forms part of these Terms. We aim to align with the Kenya Data Protection Act, 2019, and GDPR principles for applicable users.

7. Connectivity and Offline Mode

The Sightings Map and some Hub links need a network connection. Offline Mode and limited signal do not guarantee zero data use by the operating system or third-party components. You are responsible for carrier and roaming charges.

8. Accuracy of Information

Hub content — getting-there guides, gate times, fees, seasonal notes, park rules, malaria guidance, packing lists and emergency numbers — is informational only and based on best available knowledge at publication. Fees, hours and conditions change; verify with official KWS / park sources before you travel.

We are not liable for booking issues, closures, fee changes, delays, illness (including malaria) or navigation errors arising from planning tools or map display.

9. Intellectual Property

The App’s design, code, content, trademarks and logo are owned by Tusker Trails (Pty) Ltd. You may not copy or create derivative works without written consent. Third-party species data and maps remain their owners’ property under applicable licences.

10. Disclaimer and Limitation of Liability

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUSKER TRAILS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA OR GOODWILL, ARISING FROM USE OF OR INABILITY TO USE THE APP, THIRD-PARTY CONDUCT, OR UNAUTHORISED ACCESS TO YOUR CONTENT.

Tusker Trails is not responsible for injury, death or property damage resulting from visits to parks or use of the App in wild environments.

11. Contact

Tusker Trails (Pty) Ltd

Email: tuskertrailsafrica@gmail.com

Information Officer: Alexander Hoppenrath

Postal Address: 15 Skool Street, George South, George, Western Cape, 6529, South Africa

Website: https://keniacompanion.tusker-trails.co.za

Privacy Policy (web): https://keniacompanion.tusker-trails.co.za/privacy

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa, without prejudice to mandatory consumer protections that may apply in your country of residence. Disputes are subject to South African courts where applicable. We also aim to respect GDPR principles for EU users.

13. Amendments

We may update these Terms. Material changes will be notified in-app. Continued use after notification constitutes acceptance. The version date above is the latest effective date.