Terms and Conditions

These Terms and Conditions, together with any Order Form and all additional documentation applicable according to the type of products, services or entity, govern the contract, use of, access to the Services provided by Casa Safari, Lda., or by Casafari Spain S.L. to the extent the Client has a valid Spanish VAT number at the date of entering into the agreement (hereinafter CASAFARI or the Company).

Before using, or registering to use, the CASAFARI Platform and/or the Services, the Client must carefully read these Terms and Conditions. These Terms and Conditions on a standalone or together with the respective order form constitute a legally binding agreement between CASAFARI and the Client. By signing the order form, or by clicking on Agree and Continue, the Client confirms that they have read and accepted these Terms and Conditions.

Preliminary Notes 

  1. By downloading, installing, accessing or using the Platform and/or Services, the Client agrees to be bound by these Terms and Conditions. If the Client does not agree to these Terms and Conditions, they should not proceed with the download, installation, or use of the CASAFARI Platform and/or Services;
  2. When the acceptance of this Agreement is made by someone acting on behalf of another person or entity, that person must have the necessary legitimacy and powers to act on behalf of the person or entity and thus bind them to these Terms and Conditions. By entering into a contract with CASAFARI, the Client confirms it has all the necessary powers to represent and bind the Client. 
  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context requires a different interpretation, the following expressions shall be interpreted as described below:
  1. Account – an account through which users access and use the Services. 
  2. Agreement – the contract between CASAFARI and the Client for the provision of Services, as set out in these Terms and Conditions and the respective order form, including any amendments or updates made from time to time.Client – an individual or legal entity (as applicable) who enters into the Agreement with CASAFARI and accepts this Agreement and is acquiring the Service online via www.casafari.com or www.casafaricrm.com. 
  3. Business Day – days that are not a Saturday, Sunday or national holiday.
  4. Client Contact – electronic data or information sent by the Client to the online Services through the checkout page available on www.casafari.com or  www.casafaricrm.com. 
  5. Client Data – data, content, and materials: (i) uploaded or stored on the Platform and/or Services by the Client; (ii) transmitted or organized by the Platform at the request of the Client; (iii) provided by the Client to CASAFARI for uploading, transmitting or storing on the Platform; (iv) or generated by the Platform as a result of the use of the Services, as agreed with the Client (excluding analytical data related to the use of the Platform and server log files).
  6. Company or CASAFARI means the company Casa Safari, Lda., headquartered in Portugal or Casafari Spain S.L. located in Spain.
  7. CASAFARI Affiliates – commercial companies that directly or indirectly control or are controlled by Casa Safari, Lda., or that are jointly controlled with it by another entity. For the purposes of these Terms and Conditions, “control” means the direct or indirect ownership of more than 50% of the share capital or voting power of the entity in question.
  8. Confidential Information – any information of one Party transmitted or accessed by the other Party under this Agreement (whether in writing, orally, or otherwise) that is not in the public domain, regardless of whether the disclosing Party identifies it expressly as confidential. Among other things, confidential information includes: the data of each Party; proprietary software and computer operations of each Party; all code, inventions, algorithms, business concepts, workflow, marketing, financial information, trade secrets, and technical and business information; the specific terms and pricing under this Agreement, authentication credentials associated with the use of the Services, personal data, as well as any information identified as confidential by either Party.
  9. Effective Date – the date on which the Client subscribes to the Services via www.casafari.com or www.casafaricrm.com, upon acceptance of these Terms and Conditions or the date referred to in the respective order form. 
  10. Legislation on personal data protection – applicable legislation on the processing of personal data, including the General Data Protection Regulation (Regulation (EU) 2016/679). 
  11. Subscription Option – means the type of Service chosen by the Client via www.casafari.com or www.casafaricrm.com, or defined in the Order Form signed with the Company, including the type of Services and its particular characteristics, such as: Service duration period, accounts, automatic renewal period and term (in accordance with clause 7.2), historical days interval, search alerts, favorites, daily page display limit and agency details. 
  12. Platform – platforms managed by CASAFARI through which CASAFARI provides its Services to the Client;
  13. Term – term together with all renewals thereof, as defined in Clause 7.1 of this Agreement.
  14. Intellectual Property – means any and all patents, patent rights, copyright, including rights over databases or any works that can be protected by copyright, including but not limited to, text, images, or video, trade secrets, know-how, registered trademarks, trade names, as well as other intellectual property rights under the Platform or the Services, whether existing at present or in the future, including those pending registration.
  15. Services – services provided or to be provided to the Client under these Terms and Conditions, as identified in the respective Order Form or in the self-checkout form. 
  16. Site – the webpage www.casafari.com and www.casafaricrm.com.  
  17. Prices – the amount payable by the Client as consideration for the provision of Services, in accordance with the applicable Subscription Option, as defined in the respective Order Form. 
  18. User – a natural person, over 18 years old, who holds an account and uses and has access to the Platform or the Services.
  1. Provision of Services
    1. Service: From the Effective Date and for the duration of the Contract, CASAFARI undertakes to provide the Services to the Client.
      1. CASAFARI reserves the right, at its sole and absolute discretion, and without prior notice, to periodically introduce changes and/or updates to the Services, without prejudice to the provisions of clause 5.
    2. Registration: The Client Contact will provide the details for registration on www.casafari.com or www.casafaricrm.com and for the creation of the Account(s) and password(s) configuration.
      1. CASAFARI will create an Account for the Client and provide them with the necessary login details for that Account.
    3. Client’s Obligations: The Client shall ensure that: (i) everyone using the Services, directly or indirectly, either authorized or unauthorized,  through the Client, including its workers, agents, and subcontractors act in accordance with this Agreement, all applicable laws and regulations,  including all specific applicable restrictions and be responsible for their actions; (ii) it adopts all commercially reasonable efforts to prevent unauthorized access or use of the Services, and promptly notifies CASAFARI of any unauthorized access or use; (iii) all data uploaded into or processed by means of the Services are collected in full compliance with all applicable regulations; (iv) it uses the Services in a lawful and ethical manner at all times, in  accordance with the terms and conditions of this Agreement, any policy or guideline of CASAFARI  and applicable legislation.
      1. Although not legally required to do so, CASAFARI may monitor the Client’s use of the Service, as well as prohibit any use of the Service that it believes (or alleges), or threats to violate the above, the integrity of the Platform or CASAFARI Services, or any applicable legal provisions. 
      2. It is the Client’s responsibility to obtain and maintain the necessary equipment and auxiliary services for connecting, accessing, and using the Service, including, but not limited to, modems, hardware, servers, software, operating systems, networks, web servers, and the like. The Client shall also be responsible for ensuring the security of such equipment, accounts, passwords (including, among others, administrative and user passwords), and files, as well as the use of the Client’s accounts, with or without their knowledge and consent.
    4. Client Reference: The Client agrees that CASAFARI may identify the Client as its Client in sales presentations, marketing materials, and press releases.
  1. CRM Services
    1. The Company will provide the Client with the Services specified in the respective Order Form, previously agreed with the Client.
      1. Plan: The Company Plan is contracted on an annual basis. The values ​​shown are monthly, and the payment is processed according to the agreed plan.
      2. Customer acknowledges that all intellectual property rights in and to the Software belongs and shall belong to Company and Client shall have no rights in or to the Software, other than the right to use it in accordance with the terms in the Order Form and of these Terms and Conditions.
      3. Translation: The translation of content into different languages ​​is the Client responsibility, however, an integration of the automatic translation solution is available on the Platform via a third-party provider at such provider sole responsibility (only available for Premium plans), which may occasionally have a limit on the amount of translations made. This integration is subject to availability of such third-party providers and may be discontinued without notice if such platform changes its business model or availability.
      4. Integration: Integration with Mailchimp is at the level of the Client list, and the Company is not responsible for any type of configuration, training, implementation, creation or support at the level of the Mailchimp tool.
      5. Content insertion: The insertion and creation of content is the responsibility of the Client.
      6. Image selection and editing: Image selection and editing is not included in the contracted Plan.
      7. Number of Users: The number of users will be made available in accordance with the subscribed plan.
      8. Domain & Email: Service does not include domain and email accounts.
      9. Liability Warranties: Client assumes full responsibility for the use of the Services and the results obtained from the use of the Services, the Documentation by Client, and the conclusions drawn from such use. The Company shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Provider by the Customer in connection with the Services, or any other actions taken by the Company under the instructions of the Customer.
      10. When the Client signs the Order Form, it shall also sign the Data Processing Agreement (“DPA”) that serves as legal proof of authorization for the collection and use of the data by the Company.
      11. The Website is compatible with the latest versions of browsers: Chrome, Firefox, Edge, Safari.
      12. Training:
        1. Training is included in the chosen Plan and will be made available electronically (videoconference) unless both parties decide otherwise. Initial training will have no additional cost to the Customer.
        2. Training will be provided through a prior agreement between the parties on the date/time on which it should take place. The same will apply to the way in which training is provided (in person or by videoconference).
      13. Warranties and Responsibilities: The Company is responsible for the transparency and availability of the property database in accordance with the established protocol, being exempt from any technical failure or inability to export verified by the portals. The Company will permanently make the best efforts to ensure the correct, timely and complete transmission of information to and from the portals and external sites with, also making available to customers a Technical Support service to solve technical problems or clarifications. However, the Company will not be held responsible for errors in the disclosure of properties or technical problems that are the responsibility of external entities of said portals/sites.
    2. Support: Support is included weekdays, 9am-1pm and 2pm-6pm, by email or phone.
  1. License
    1. License: Subject to this Agreement and during its term, CASAFARI grants to the Client a limited, non-exclusive, non-transferable license, without the right to sublicense, to use the Platform and/or the Services for the Client’s commercial and lawful purposes in the country where the license is acquired, for the duration defined for the Service, in accordance with the specifications and limitations set forth in this Agreement, any applicable law or regulations and the respective Subscription Option.
    2. Limits of the right to use the Services: The license granted by CASAFARI to the Client is subject to the following usage limits:
      1. The Services may only be used by administrators, employees, agents, and subcontractors of the Client or its affiliated companies with an individual active account, and must always be previously indicated by the Client to CASAFARI prior. For the avoidance of doubt, the Services or Accounts not be share;  
      2. The Services may only be used by users prior designated by the Client and indicated by the Client Contact. The Client may, at any time during the term of the Agreement, decide to change, add, or remove designated users, duly notifying CASAFARI. The reduction in the number of users initially subscribed to the applicable Subscription Option during the term of the same will not result in changes in the Prices, neither give rise to any entitlement to compensation for reimbursement of annual Prices. However, adding users in a number greater than initially defined in the applicable Subscription Option during the term of the same may be subject to Additional Costs.
      3. Under no circumstances may the Services be used by a number of users exceeding the agreed upon amount, unless the Client is able to add or remove simultaneous user licenses by providing proper notification to CASAFARI, in this case, additional charges apply. 
      4. The Services are subject to a daily limit on the display of search pages or to the limitations set forth in the respective Order Form. If the Client exceeds this limit, CASAFARI may send a notice alerting the Client to the occurrence and may block and suspend access to the Account until the end of the day or otherwise at its sole description. 
    3. Restrictions of Use: Unless otherwise authorized under this Agreement, Customer must not (and will not allow any third party to): (i) sell, rent, lease, license, sublicense, distribute, pledge, assign or otherwise transfer, in whole or in part, the Services or any interest in them to another party; (ii) provide, disclose, divulge or make available to, or permit the use of the Services, in whole or in part by any third party without Company’s prior express written consent;  (iii) install or use the Platform and/or the Services in a manner that violates, misuses or threats or de facto puts at risk the integrity of the Services, circumvents or interferes with the operation of the technological measure that controls the access to the Service; (iv) modify, translate, adapt or create derivative works based on the Platform; (v) export or re-export the Platform, the Services (in whole or in part) or any derivative work thereof; (vi) use the Platform or the Services to develop, test, host, or run and operate applications on behalf of third-parties to this Agreement, without Company’s prior express written consent; (vii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how or algorithms relevant to the Platform, or any software, documentation or data related to the Service; (viii) use the Service to provide third party training to third parties; (ix) attempt to copy, parse, crawl, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; (x) grant access all or any part of the Platform in order to build a product or service which competes with it; (xi) use the Service in any way that is contrary to the terms and conditions of this Agreement; or (xii) use the Service for any unlawful, unethical  purposes or in any manner that at CASAFARI’s discretion, may put the integrity of the Services or of the Company or its business interests at risk. 
    4. Electronic Devices:
      1. The number of electronic devices on which a user may use the Platform and/or the Services simultaneously varies depending on the Subscription Option chosen by the Client. In any case, the Platform and Services has a functionality to limit simultaneous use by users from different devices.
      2. Depending on the capacity of the Service, CASAFARI reserves the right to only grant access to the Client’s accounts from one device at a time, with a reasonable interval to switch devices.
      3. The Client shall maintain control over the devices used to access the Platform and the Services and keep the password or account details private and secure, in order to prevent unauthorized access.
  1. Payment and Payment Conditions
    1. Payment: As consideration for the Services provided under this Agreement, the Client shall pay CASAFARI the Prices established in the Subscription Option and respective Order Form, on the due dates provided, prior to the start date of the Services. Orders are not cancellable, and once paid, they are not refundable.
    2. Additional Costs: Without prejudice to other circumstances expressly provided for in the Agreement that determine it, in the event of Client use of the Service that exceeds the capacity established in the applicable Subscription Option, CASAFARI reserves the right to charge the Client the proportional amount for the exceeded capacity, according to the prices established in the service tariff in force at the time provided in the respective Subscription Option
    3. Price Changes: CASAFARI reserves the right to change the Payments or charges applicable and set new charges and Payments at the end of the initial Service Term or upon renewal. CASAFARI will notify the Client of the change in question 30 (thirty) days in advance of the date on which it is to take effect. Such notification may be made by email. The Client may address any questions related to price changes to CASAFARI’s Client support department.
    4. Payment and Invoicing: The Client shall provide CASAFARI with updated proof of payment method data, or alternative documentation that reasonably serves the same purpose and is accepted by CASAFARI. By providing CASAFARI with information regarding credit/debit cards or direct debit accounts, the Client authorizes CASAFARI to charge the agreed prices in the Subscription Option, using these same methods, during the initial subscription term and its renewals, under the terms of the “Renewal” clause below. Payments shall be made by the due date of the respective invoices, on an annual or other agreed periodicity. The Client shall provide complete and updated data to CASAFARI, both for billing payments and for contacting regarding the matter, and notify CASAFARI of any relevant changes to this data.
    5. Late Payments: In case of delay in payment by the Client of invoiced amounts by CASAFARI compared to their respective due date, without prejudice to other legal rights or resources available to CASAFARI, (i) a monthly penalty of 1.5% of the overdue and unpaid amounts will be due, or the application of commercial default interest at the legal rate in force at the time, whichever is lower, and/or (ii) CASAFARI reserves the right to condition future subscription renewals to payment terms shorter than those stipulated in the “Invoicing and Payments” clause above.
    6. Suspension of Services and Due Obligations: If the Client fails to settle, within 7 (seven) calendar days after notification to that effect (under the terms of the “Notification” clause below), the amounts in arrears under this Agreement, CASAFARI may demand immediate payment of the amounts due under such contracts, so that these obligations become immediately due and suspend Services until full payment of the amounts in question.
    7. Disputes related to Payments: In the event of a dispute regarding the amount of Payments due, if the Client is engaged in good faith, reasonable, and collaborative negotiations regarding the adjustment of applicable payment amounts, CASAFARI may waive the exercise of its rights under clause 5.5, “Late Payments,” above.
    8. Currency and Taxes: All amounts and Prices stated or mentioned in the Agreement shall be payable in Euros. Invoiced Prices do not include, in addition to VAT, other taxes applicable to CASAFARI invoices (except in the case of reverse VAT charging for EU or non-EU clients).
    9. Annual Adjustments: The Company reserves the right to make annual adjustments to the Service Prices, with a minimum of zero per cent, in accordance with the Consumer Price Index published by the National Statistics Institute, for the twelve (12) months immediately preceding the scheduled date. The first update of the remuneration shall take place one year after the start date of the Agreement. 
  1. Update of Terms and Conditions
    1. CASAFARI reserves the right to periodically and at any time make changes or amendments to provisions in these Terms and Conditions, as well as to changes in the CASAFARI Platform  and Services, at its sole discretion. 
    2. CASAFARI shall notify the Client of the changes at least 30 (thirty)days prior to their entry into force and shall publish the updated version of the Terms and Conditions with the relevant changes at www.casafari.com or www.casafaricrm.com, with the “last updated” date indicated.
    3. If the changes to the Terms and Conditions involve (1) a material change in the characteristics of the Services, the impact and expected effects of which do not correspond to the Client’s initial intention to contract, or (2) a significant change in prices, the Client may terminate the Agreement with CASAFARI within 30 (thirty) days after receiving notification from CASAFARI about the update of the Terms and Conditions, if they do not wish to remain bound to the Services on this basis.
    4. In the event that the changes to the Terms and Conditions do not meet the requirements detailed in clause 6.3, they shall be deemed to be accepted by the Client if the Client does not state otherwise before such changes come into force. In such a case, non-acceptance shall imply the termination of the Agreement in accordance with clause 7.4.
  1. Term and Termination
    1. Term: This Agreement shall become effective as of the Effective Date and shall remain in force for the duration defined in the Subscription Option, which unless otherwise expressly agreed to in writing by the Company, shall be minimum 12 (twelve) months. 
    2. Renewal: The Agreement shall automatically renew for additional periods of 12 (twelve) months each or as otherwise agreed upon between the parties in the respective Order Form, unless terminated by either party giving the other at least 30 (thirty) days’ notice prior to the expiry of the relevant Service period, so as to prevent its renewal.
    3. Termination for Breach: Either party may at any time terminate this Agreement with immediate effect by written notice if the other party materially breaches any obligation under this Agreement and, when notified thereof, fails to remedy such breach within 30 (thirty) days after receipt of a written notice to that effect. CASAFARI’s termination of this Agreement under this clause for the Client’s breach, without prejudice to any other rights it may have, does not release the Client from the obligation to pay all outstanding and future payments due until the end of the initially defined term of the contract. CASAFARI reserves the right to suspend, restrict or terminate the access to the Services with or without prior notice, if it determines in good faith and at its sole discretion, that the Client or any of its users’s actions constitute misuse, abuse or fraudulent use of the Services, violates applicable laws, regulations or these Terms and Conditions, threaten the integrity, security or functionality of the Services; pose a risk to the reputation or operations of the Company or compromise the rights or safety or users, the Services or the Company. Suspension or termination of the Services hereunder does not waiver the Company’s right to seek damage or other legal remedies neither entitles the Client to be compensated or reimbursed of any paid fees for the Services. 
    4. Resolution by Client Initiative: Notwithstanding the provisions set forth in the preceding paragraphs, the Client may terminate the Agreement at any time, at its discretion, with early effects, provided that the full Price set forth in the Agreement for all remaining agreed term is paid in advance.
    5. Effects of Agreement Termination: CASAFARI will make available to  the Client, for export and download, the Client’s Data within a maximum period of 30 (thirty) days after the Agreement termination date. The provisions of this Agreement, whose effects, by their nature, should survive the termination date of the Agreement, shall remain in force, including, without limitation, rights related to due or overdue payments, confidentiality obligations, warranties, disclaimers, and limitations of liability.
  1. Confidentiality
    1. Use and Disclosure: During the term of the Agreement and for a subsequent period of (five) years, the Parties undertake to keep confidential and not to use Confidential Information of the other Party for any purposes not related to this Agreement, as well as not to disclose it to third parties (with the exception of workers or subcontractors of the Party concerned who need to know the Confidential Information, or who are subject to confidentiality obligations, at least equivalent to those set forth in this document). The Parties shall take the reasonably necessary measures to ensure that Confidential Information is not disclosed or accessed by their workers, subcontractors or agents, in a manner that may violate these Terms and Conditions.
    2. Authorized Disclosures: Either Party may use Confidential Information of the other Party (i) in response to valid requests from judicial, regulatory or other public authorities exercising public powers, (ii) in cases expressly provided for by law, or (iii) to the extent necessary to establish the rights of either Party under this Agreement, provided that it promptly notifies the other Party of such request and allows the opportunity to object or seek judicial measures to protect the information.
    3. Non-Confidential Information: Information shall not be considered Confidential Information if: (i) it is or becomes public knowledge, without being the result of an act or omission of the receiving Party; (ii) it is lawfully possessed by the receiving Party, and has not been directly or indirectly received from the disclosing Party by the receiving Party, (iii) it is lawfully disclosed to the receiving Party by a third party not subject to any restrictions on disclosure; or (iv) it is generated by the receiving Party, independently, without access to Confidential Information.
    4. Destruction or Return: Except as otherwise provided in this Agreement, the receiving Party of Confidential Information shall, immediately upon request from the disclosing Party, destroy (and declare in writing) or return to it all documents and any other supports of Confidential Information, including all copies or extracts thereof.
  1. Intellectual Property, Ownership, and Title
    1. Ownership and Title: The Client is the owner of all rights and faculties related to Client Data to the extent applicable and permitted by law, provided that such does not infringe any third-party rights, including Intellectual Property (namely Copyright) and Industrial Property rights. CASAFARI will remain the owner of all rights and faculties regarding (i) the Service and Platform, including all improvements, updates or changes thereof; (ii) any software, applications, inventions, or other technology developed in connection with the Service, Platform, or CASAFARI’s information support; (iii) all copyright, trade secrets, patents, trademarks, and any other Intellectual and Industrial Property rights, including registration applications, renewals, and extensions thereof. Except as expressly provided herein, no rights in CASAFARI’s registered trademarks are granted to the Client, nor are any licenses granted thereon.
    2. Respect for Third-Party Intellectual and Industrial Property Rights: The Client agrees to use the information and data provided by CASAFARI under the services rendered under this Agreement and exclusively under this, being solely responsible for the use it makes of data, information, documents, or works of third parties, and commits to respect their Intellectual and Industrial Property Rights.
    3. Use of Data: CASAFARI may, within legally prescribed limits, collect and analyze Client data and other information related to the supply, use, and performance of various aspects of the Platform, systems, and related technologies (including information related to Client Data and data derived therefrom). CASAFARI may also, during and after the term of these Terms and Conditions, (i) use the information and data collected to develop improvements in the Services and for other developments, diagnostics, and corrections related to the Service and other Company offerings, and (ii) disclose such data for business-related purposes, but only in aggregated form or otherwise anonymized.
  1. Data Protection
    1. The collection and subsequent processing of data by CASAFARI is carried out in accordance with and pursuant to the EU General Data Protection Regulation 2016/679 (“GDPR”) and in compliance with the Client’s rights under the GDPR.
  1. Warranty and Disclaimer of Liability
    1. All the Services are provided on an as is and as available basis.  CASAFARI  does not guarantee neither makes any representation or warranty that the Platform, its products or Services will meet the Client’s requirements, are suitable for specific purposes, will be free from viruses, or will operate uninterrupted or free from any errors.
    2. The Client acknowledges that the Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance. Whenever possible, CASAFARI will provide advance notice regarding scheduled interruptions to the Service.
  1. Indemnification
    1. CASAFARI shall not assign to the Client any liability towards third parties resulting from the violation of industrial property rights or copyrights or misappropriation of business secrets owned by third parties by CASAFARI in its provision of Services that may be required of the Client, provided that CASAFARI is promptly notified by the Client regarding suspicions, complaints, and all details of judicial proceedings or procedures related to the intellectual property infringements in question and is given timely and reasonable opportunity to assume exclusive control of its defense. CASAFARI shall not be bound by any judicial or other agreement that is not approved in writing. The above shall not apply when the claims concern parts or components of the Service that are (i) not provided by CASAFARI, (ii) developed entirely or partly in accordance with the specifications of the Client and at its request when the Client has ownership of the intellectual property rights over the developments, (iii) modified after delivery by the Company, (iv) combined with other products, processes, or materials of the Client, (v) when the Client persists with allegedly infringing conduct, even after being notified or informed of behaviors whose adoption would have prevented the alleged infringement of rights, or (vi) when the Client’s use of the Service is not in strict compliance with this Agreement. If, as a result of legal action with said purpose, the competent court finds that CASAFARI or the Service itself violates third-party rights, CASAFARI may, at its discretion and expenses, (a) replace or modify the Service so that the violation of the rights in question does not occur, provided that this does not substantially alter the functionalities and functions in question; (b) obtain a license from the Client to continue using the Service; or (c) if neither of the above two options is commercially viable, terminate the current Contract and reimburse the Client for amounts paid to date for Services not provided.
  1. Limitations and exclusions of liability
    1. The overall and cumulative liability of CASAFARI for any claim or damages arising out of or from the provision of the Services, the Platform or these Terms and Conditions or the Services is limited to the value of the Services paid for in the year of the occurrence of the liability-generating events.
    2. To the fullest extent permitted by law, CASAFARI, its Affiliates, officers, employees, agents and licensors shall not be liable in any event, for any indirect incidental, special consequential, expenses, costs or exemplary damages, including but not limited to any loss of profits or contracts, revenue, data, business opportunities or goodwill arising from or out of the Client’s use of the Services, errors, inaccuracies or omissions, unauthorized access to or alteration of data, any downtime, interruption or delay in the availability of the Services or any other matters. This limitation of liability applies regardless of the legal theory under which such claims or damages are sought, including breach of contract, tort, or otherwise, even if the Company has been advised of the possibility of such damages.  
  1. Force Majeure
    1. For the purposes of this Agreement, an event of force majeure shall be considered to include: strike, fire, flood, earthquake, legislative or administrative acts of a public nature, failures of service by third-party suppliers, delays or breakdowns in internet service provider services, attacks that prevent the operation of internet services or other factors that determine the inability to comply with the obligations of the Parties and that are reasonably beyond the control of the defaulting Party and do not result from intentional or negligent conduct, for any reason, of the defaulting Party, whether by action or omission.
  1. Miscellaneous
    1. Nature of the legal relationship between the Parties: The Parties are independent contractors and, under this Agreement, do not constitute any agency, employment, joint venture, or mandate relationship that would allow one to act on behalf of the other in entering into contracts or other types of obligations. The Parties declare and warrant that they may not assert the existence, express or implied, of a legal relationship such as those mentioned above.
    2. Assignment: Neither Party may assign its contractual position under this Agreement without the prior written consent of the other Party, whose grant the Parties undertake to ensure reasonably. The assignment of the contractual position by one party without the consent of the other will be invalid. Notwithstanding the foregoing, CASAFARI may freely assign its position under this Agreement to any of its Affiliates, notably as a result of a merger or sale of all or a substantial part of its share capital. In the event of the assignment of the contractual position of either Party, this Agreement shall remain fully or, to the relevant extent, partially valid and in force, binding the new assignee and its officers, directors, and legal representatives.
    3. Effects of nullity or annulment: If, for any reason, a competent court considers certain provisions of this Agreement, in whole or in part, invalid or ineffective, such provisions shall, to the maximum extent permitted by law, be deemed valid and effective, and the invalidity of the entire Agreement shall not be determined unless it is shown that, without the defective part, the Parties would not have intended to enter into the Agreement.
    4. Non-Waiver of Rights: The failure or defective performance of any of the provisions of this Agreement that may occur at any given time on the part of either Party, as well as the circumstance that the non-defaulting Party does not notify the defaulting Party of the performance or remediation thereof, may not be construed as a waiver of the rights of the non-defaulting Party, whether at that time or in the future.
    5. Entire Agreement: These Terms and Conditions constitute the entire agreement between the Parties with respect to its subject matter, replacing any previous or contemporaneous negotiations or agreements, written or oral, concerning the Services.
    6. Notifications: Any communications made under this Agreement shall be sent by email to the electronic addresses indicated by the Parties or by registered mail with acknowledgment of receipt.
    7. Governing Law and Jurisdiction: This Agreement shall be governed by English law. In the event of a dispute arising from or related to this Agreement, the courts of the country where the Client is domiciled shall have jurisdiction.
    8. Translations: These Terms and Conditions, together with the Order Forms have been translated into several other languages for convenience and informational purposes only. In case of any discrepancy, conflict between the translated versions and the original English version, the English version prevails. CASAFARI assumes no liability whatsoever for any errors, typos, omissions or misinterpretations arising from the translations. For the official binding terms, please refer to the English version.