Platform Terms of Service

01Introduction & Acceptance of Terms

1.1 About Kofa Africa

Kofa Africa (“Kofa Africa,” “we,” “us,” or “our”) operates an online marketplace platform accessible at https://kofa.africa and via the Kofa Africa mobile applications (iOS and Android) (collectively, the “Platform”). The Platform connects independent, third-party tour operators and guides (“Operators”) with travelers seeking to discover, compare, and book multi-day tour experiences across Africa.

1.2 Legal Entity

The Platform is operated by Kofa Africa Limited, a company incorporated under the laws of the Federal Republic of Nigeria. Registered office: [Address to be inserted]. Company Registration Number: [RC Number to be inserted].

1.3 Scope of These Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Kofa Africa. They govern your access to and use of the Platform, whether as a Traveler, Tour Operator, or visitor. Additional policies incorporated by reference include:

• Privacy Policy (available at https://kofa.africa/privacy)
• Cookie Policy (available at https://kofa.africa/cookies)
• Operator Onboarding Agreement (presented at operator registration)
• Community Guidelines (available at https://kofa.africa/guidelines)
• Cancellation and Refund Policy (set out in Section 9 hereof)

1.4 Acceptance

By creating an account, accessing, browsing, or using any part of the Platform, you confirm that:

• You have read, understood, and agree to be bound by these Terms.
• You are at least 18 years of age and possess the legal capacity to enter into this agreement.
• If you are registering as an Operator on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
• You are not a person barred from using the Platform under any applicable law.

1.5 Age Restriction

The Platform is intended for users aged 18 and above. By using the Platform, you represent and warrant that you are at least 18 years of age. Kofa Africa reserves the right to terminate accounts of users found to be under 18 years of age.

02Definitions

The following terms have the meanings set out below wherever they appear in these Terms:

03Platform Description & Role of Kofa Africa

3.1 Marketplace Model

Kofa Africa operates as a two-sided marketplace intermediary. The Platform provides technology infrastructure that enables Operators to list Tour Experiences and Travelers to discover and book those experiences. Kofa Africa does not itself create, own, operate, or deliver any Tour Experience listed on the Platform.

3.2 Kofa Africa Is Not a Tour Operator

3.3 Platform Services

Kofa Africa provides the following services through the Platform:

• Tour discovery, search, filtering, and comparison tools
• Operator verification and listing quality review
• Secure booking and payment processing infrastructure
• Payment processing and operator payout management
• Verified post-trip review system
• In-platform messaging between Travelers and Operators
• Booking lifecycle notifications
• Dispute flagging and facilitation (where Kofa Africa acts as a neutral facilitator, not an arbitrator)
• Operator dashboard and booking management tools

3.4 Platform Availability

Kofa Africa targets 99.5% platform uptime but does not guarantee uninterrupted access. The Platform may be temporarily unavailable due to scheduled maintenance (notified 48 hours in advance), emergency technical intervention, or circumstances beyond our reasonable control. Kofa Africa shall not be liable for any loss resulting from Platform unavailability.

04User Registration & Account Management

4.1 Registration Requirement

To access core Platform features including booking, listing management, and review submission, you must register and maintain an active account. Browsing and tour discovery are available without registration.

4.2 Traveler Registration

Travelers may register using any of the following methods:

• Phone number with SMS One-Time Password (OTP) verification
• Email address and password
• Google OAuth 2.0 single sign-on

Traveler accounts are available to individuals aged 18 and above. By registering, you confirm that all information provided is accurate, current, and complete.

4.3 Operator Registration & Verification

Operator accounts are subject to a mandatory verification process prior to listing publication. Operators must submit:

• Valid government-issued identification (passport or national ID)
• Certificate of Incorporation or business registration documentation (CAC certificate for Nigerian entities)
• Tour guide certification or professional licensing documentation where applicable
• Bank account details for payout processing
• At least one active contact person with verified phone number and email

Kofa Africa will review operator submissions within 48 business hours of receipt. Approved operators receive an account activation notification and may proceed to create Listings. Kofa Africa reserves the right to decline any operator application without providing reasons, and to suspend or revoke operator verification at any time if verification documents are found to be invalid or circumstances materially change.

4.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must:

• Use a strong, unique password for your account
• Not share your login credentials with any third party
• Notify Kofa Africa immediately at support@kofa.africa if you suspect unauthorised access to your account
• Ensure you log out of shared devices after each session

Kofa Africa implements session expiry after 30 days of inactivity and requires re-authentication for high-risk actions including payment initiation and payout requests.

4.5 One Account Per User

Each individual or business entity may maintain only one active account per user type (Traveler or Operator). Creating multiple accounts to circumvent suspensions, review limitations, or Platform policies is a material breach of these Terms and will result in immediate account termination.

4.6 Account Suspension & Termination

Kofa Africa reserves the right to suspend or permanently terminate any account, at its sole discretion, in the event of:

• Material breach of these Terms or any incorporated policy
• Submission of fraudulent, misleading, or inaccurate information
• Conduct that harms the Platform, other Users, or Kofa Africa's reputation
• Failure to comply with applicable laws or regulations
• Inactivity exceeding 24 consecutive months

Where a Traveler account is terminated, Kofa Africa will honour confirmed Bookings made prior to termination and process applicable refunds in accordance with Section 9. Where an Operator account is suspended or terminated, Kofa Africa will notify affected Travelers with confirmed Bookings and process full refunds.

05Traveler Terms & Conditions

5.1 Traveler Responsibilities

By using the Platform as a Traveler, you agree to:

• Provide accurate and complete information at the time of booking, including participant details, contact information, and any relevant health or accessibility requirements.
• Review the full Listing details, including the day-by-day itinerary, inclusions and exclusions, meeting point, cancellation policy, and operator profile, before completing a Booking.
• Comply with all instructions, safety briefings, and requirements communicated by the Operator before and during the Tour Experience.
• Obtain all necessary documentation, including passports, visas, permits, travel insurance, and vaccinations required for your chosen Tour Experience.
• Arrive at the designated meeting point at the time specified in your booking confirmation. Kofa Africa and Operators are not liable for Travelers who miss departures due to late arrival.
• Treat Operators, guides, and fellow Travelers with respect. Behavior that endangers the safety of others or disrupts the Tour Experience may result in removal from the tour without refund.

5.2 Health, Fitness & Safety

Many Tour Experiences listed on the Platform involve physical activity, remote locations, or adventure elements that may require a certain level of fitness or health. Travelers are responsible for:

• Assessing their own physical fitness and health suitability for the chosen Tour Experience
• Disclosing material health conditions to the Operator before booking where specifically requested
• Obtaining comprehensive travel and medical insurance before travel

Kofa Africa strongly recommends that all Travelers obtain travel insurance that covers trip cancellation, medical emergencies, evacuation, and loss of personal property. Kofa Africa does not provide travel insurance and accepts no liability for losses that would have been covered by adequate insurance.

5.3 Traveler Communications

Following a confirmed Booking, Travelers may communicate with the Operator through the Platform's in-app messaging system. All communications in relation to Tour Experiences must be conducted through the Platform messaging system where possible. Kofa Africa reserves the right to review in-platform communications for safety, trust, and compliance purposes.

5.4 Traveler Guarantee

Kofa Africa provides the following traveler guarantees:

• Payment Security: You buy each Tour Experience from Kofa Africa as merchant of record (see Section 8). If something goes wrong, you raise it with us — you are never left chasing an Operator.
• Operator Vetting: All Operators listed on the Platform have undergone Kofa Africa's verification process before listing publication.
• Refund on Operator Cancellation: If an Operator cancels a confirmed Booking, the Traveler will receive a full refund of all amounts paid, regardless of the Operator's standard cancellation policy.
• Dispute Facilitation: In the event of a material dispute following Trip Completion, Kofa Africa will facilitate the dispute resolution process as set out in Section 16.

06Tour Operator Terms & Conditions

6.1 Operator Eligibility

To list Tour Experiences on the Platform, Operators must:

• Be a legally registered business entity or sole trader under the laws of the Federal Republic of Nigeria or any other applicable jurisdiction.
• Hold all licenses, permits, and certifications required by applicable law to operate the Tour Experiences they list.
• Maintain appropriate public liability insurance covering the Tour Experiences offered.
• Successfully complete Kofa Africa's operator verification process as described in Section 4.3.

6.2 Listing Standards

Operators are solely responsible for the accuracy, completeness, and legality of all Listing content. Operators warrant and represent that:

• All Listing content, including descriptions, itineraries, photographs, pricing, and inclusions/exclusions, is accurate, not misleading, and reflects the Tour Experience that will actually be delivered.
• Photographs submitted in Listings are owned by the Operator or are properly licensed for use, and accurately depict the Tour Experience.
• All pricing is inclusive of applicable taxes unless clearly stated otherwise.
• Availability calendars are maintained in real time and accurately reflect the Operator's actual availability.
• Minimum and maximum group sizes are accurately set and reflect operational constraints.

6.3 Platform Commission

Operators agree to pay Kofa Africa a Platform Commission of between 12% and 15% of the Booking Value for each completed Booking. The applicable commission rate is set out in the Operator Onboarding Agreement and may be adjusted by Kofa Africa with 30 days' written notice. The commission rate applicable at the time of Booking confirmation shall apply to that Booking regardless of subsequent rate changes.

6.4 Operator Conduct Obligations

Operators agree to:

• Deliver Tour Experiences substantially as described in the Listing, including meeting the advertised itinerary, inclusions, group size limits, guide-to-traveler ratios, and accommodation standards.
• Notify Travelers and Kofa Africa immediately if any material aspect of a Tour Experience must be changed, substituted, or cancelled.
• Respond to Traveler booking enquiries within 24 hours of receipt.
• Maintain current and accurate availability calendars at all times.
• Comply with all applicable health, safety, environmental, and tourism regulations.
• Not encourage or facilitate Travelers to book or pay outside the Platform in order to circumvent Platform Commission. Operators found to be doing so will have their accounts permanently terminated.

6.5 Operator Cancellations

Where an Operator cancels a confirmed Booking:

• The Traveler is entitled to a full refund of all amounts paid.
• The Operator forfeits any entitlement to a Platform Commission payment for that Booking.
• Repeated Operator cancellations (defined as 3 or more cancellations within any 12-month period) may result in Listing suspension or permanent account termination at Kofa Africa's discretion.
• Operator cancellations resulting from Force Majeure events will be assessed on a case-by-case basis.

6.6 Operator Content License

By submitting Listings to the Platform, Operators grant Kofa Africa a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and promote Listing content (including photographs, descriptions, and tour names) for the purposes of operating and marketing the Platform, including social media, digital advertising, and partner marketing channels. This license continues for as long as the Listing remains on the Platform and for a period of 12 months following Listing removal for archival and marketing wind-down purposes.

07Booking Terms

7.1 Booking Process

To complete a Booking, Travelers must:

• Select a Tour Experience, departure date, and number of participants.
• Review the Listing details, including itinerary, inclusions, operator policy, and cancellation terms.
• Select a payment option (full payment or minimum 30% deposit where available) and complete payment via the Platform's approved payment channels.
• Acknowledge the cancellation and refund policy applicable to the Tour Experience.

A Booking is confirmed upon successful payment processing and issuance of a Booking Reference Number. Confirmed Bookings generate email and in-app notifications to both the Traveler and the Operator within 60 seconds of payment confirmation.

7.2 Deposit Bookings

Where a Tour Experience is available for deposit booking, Travelers may pay a minimum of 30% of the total Booking Value to secure their place. The remaining balance is due no later than 7 days before the scheduled departure date. Failure to pay the outstanding balance by the due date will result in automatic cancellation of the Booking and forfeiture of the deposit in accordance with the applicable cancellation policy.

7.3 Booking Contract

Upon confirmation of a Booking, a direct Booking Contract is formed between the Traveler and the Operator. Kofa Africa facilitates this contract but is not a party to it. The terms of the Booking Contract are constituted by: (i) the Listing details at the time of Booking, (ii) these Terms as they apply to Travelers and Operators, and (iii) any additional terms communicated by the Operator in the Listing.

7.4 Group Size Limits

All Bookings are subject to the minimum and maximum group size parameters set by the Operator in the Listing. Bookings that would result in the total participant count falling below the minimum or exceeding the maximum group size will not be processed. Travelers attempting to book for a group size below the minimum will be shown an informative error and advised to contact the Operator to discuss alternative arrangements.

7.5 Booking Confirmation & Documentation

Following a confirmed Booking, Kofa Africa will provide the Traveler with:

• A Booking Confirmation email containing: Booking Reference Number, Tour Experience name and dates, Operator name and contact, total amount paid, payment schedule (if deposit booking), and a link to the full itinerary.
• In-app access to full booking details, messaging thread with the Operator, and any pre-trip documentation uploaded by the Operator.

7.6 Changes to Confirmed Bookings

Travelers wishing to amend a confirmed Booking (for example, to change the departure date or adjust participant count) must contact the Operator directly through the Platform messaging system. Amendments are subject to Operator approval and availability, and may result in price adjustments. Kofa Africa does not guarantee that amendment requests will be accommodated.

08Payments

8.1 Who you are paying

When you book a Tour Experience on kofa.africa, you are buying it from Kofa Africa Limited (RC 9599752). We are the seller.

The tour itself is delivered on the ground by a vetted tour operator whom we engage to fulfil your booking. You do not contract with, or pay, that operator. Your agreement for the booking is with us.

8.2 Accepted payment methods

We accept payment through our integrated payment processors, Paystack and Flutterwave:

• Debit and credit cards (Visa, Mastercard, Verve)
• Bank transfer and USSD
• Mobile money, where supported by the processor

Your card details are handled entirely by our payment processors. Kofa Africa never sees, stores, or transmits your card number.

We do not accept cash. We do not accept bank transfers made outside the Platform. If an operator asks you to pay them directly, do not pay, and report it to us at operations@kofa.africa. Payments made outside the Platform are not bookings, and we cannot help you with them.

8.3 Currency

All prices are quoted and charged in Nigerian Naira (NGN). We do not currently offer payment in any other currency and we do not apply any exchange rate conversion.

If your card is issued outside Nigeria, your bank may apply its own conversion and charge you a foreign transaction fee. That is between you and your bank. We have no control over it and we do not receive any part of it.

8.4 When you pay

Each Tour Experience listing states one of two payment schedules. You will see which one applies before you pay.

Your booking is confirmed once the payment at booking has cleared. You will receive a booking reference by email within 60 seconds.

8.5 Prices and taxes

The price shown at checkout is the total price you pay. It includes all applicable taxes and all Kofa fees. We do not add booking fees, service fees, or payment processing fees at checkout.

Costs that are not included in the price, such as flights, visas, personal spending, or optional extras, are listed in the “Not included” section of each tour listing. Read it before you book.

8.6 If a payment fails

If a payment fails, your booking is not confirmed and the tour date is not held for you.

Where a payment is declined or interrupted, we will not charge you twice. If a duplicate charge does occur, contact us at operations@kofa.africa and we will refund it to your original payment method. You will not need to re-enter your card details to retry a failed payment.

8.7 Cancellations and refunds

Cancellations and refunds are governed by our Cancellation and Refund Policy, which is shown to you before you pay and forms part of these Terms. Where a refund is due:

• We issue it. Not the operator.
• It goes back to the payment method you originally used.
• We do not refund to a different card, a different bank account, or a different person.
• We do not refund in cash.

We aim to initiate refunds within 5 business days of approval. How quickly the money reaches you after that depends on your bank or card issuer, and is outside our control.

8.8 Card disputes and chargebacks

If you have a problem with a booking, contact us first at operations@kofa.africa. Most issues are resolved faster this way than through a chargeback.

If you do raise a chargeback with your card issuer, we handle it directly with them as the seller of record. We will provide your booking record, itinerary, and our communications with you as evidence. We may ask you for information to help resolve it.

Raising a chargeback for a tour you received, or for a cancellation outside our published policy, is a breach of these Terms. We may suspend your account and recover the amount from you.

8.9 What we do not do

For clarity:

• We do not hold your money in escrow, in trust, or in any protected or ring-fenced account.
• We do not operate a wallet or store a balance for you.
• We do not offer credit, instalments, or buy-now-pay-later.
• We do not offer currency exchange.

We are a travel marketplace. We are not a bank, and we are not a financial services provider.

09Cancellation & Refund Policy

9.1 Traveler Cancellations

Travelers may cancel a confirmed Booking at any time prior to the departure date. Refunds are subject to the Operator's cancellation policy as published in the Listing at the time of Booking. Operators may set their own cancellation tiers within the following minimum standards required by Kofa Africa:

The specific cancellation policy applicable to each Listing is displayed on the Tour Detail page and at the payment checkout. Travelers must acknowledge the cancellation policy before completing a Booking.

9.2 Operator Cancellations

Where an Operator cancels a confirmed Booking for any reason, the Traveler is entitled to a full refund (100%) of all amounts paid, irrespective of the timing of the cancellation. Kofa Africa will initiate the refund within 5 business days of cancellation confirmation.

9.3 Platform-Initiated Cancellations

Kofa Africa reserves the right to cancel a Booking in the following circumstances:

• The Operator's verification status is revoked due to fraudulent documentation or material non-compliance.
• Kofa Africa determines, following reasonable investigation, that a Tour Experience poses a material safety risk to Travelers.
• The Booking was made in error or through fraudulent use of payment credentials.

In all such cases, the Traveler will receive a full refund.

9.4 Force Majeure Cancellations

In the event that a Tour Experience must be cancelled or materially altered due to a Force Majeure event (including natural disasters, government travel advisories, civil unrest, pandemic restrictions, or extreme weather), the following applies:

• Operators must notify Kofa Africa and affected Travelers as soon as reasonably practicable.
• Travelers are entitled to a full refund or, where mutually agreed, a credit note for the full Booking Value redeemable on any Kofa Africa Tour Experience for a period of 12 months.
• Kofa Africa's Platform Commission is waived on Force Majeure-cancelled Bookings.

9.5 Refund Processing

Approved refunds are processed to the original payment method within 5-10 business days, subject to the Traveler's bank processing timelines. Kofa Africa does not guarantee specific refund timelines as these depend on the policies of the Traveler's bank or card issuer. Platform Commission on refunded Bookings is not charged to Operators where the refund arises from operator cancellation or Force Majeure.

10Review & Trust System

10.1 Review Eligibility

Only Travelers with a Booking status of ‘Completed’ for a specific Tour Experience may submit a Verified Review for that experience. The review submission feature is unlocked the day after the scheduled Trip Completion date. This gating mechanism prevents fraudulent, incentivized, or speculative reviews and ensures that all published Verified Reviews reflect genuine first-hand experiences.

10.2 Review Content Standards

Reviews must:

• Reflect the Traveler's genuine, first-hand experience of the Tour Experience.
• Be submitted in English or Nigerian Pidgin English.
• Not contain personal attacks, hate speech, discriminatory language, or defamatory statements.
• Not contain promotional content for competing platforms or tour operators.
• Not disclose the personal contact details of guides or other Travelers.

Reviews may contain constructive criticism of the Tour Experience, Operator, or guide, provided such criticism relates to the actual experience and is expressed in a factual and reasonable manner.

10.3 Review Components

Each Verified Review consists of:

• An overall star rating from 1 to 5.
• Optional written commentary (maximum 1,000 characters).
• The Traveler's first name and anonymised last initial.
• Profile photograph (if uploaded).
• Month and year of the reviewed Tour Experience.
• A Verified Booking badge.

10.4 Operator Responses

Operators may post one public response to each Verified Review. Operator responses must comply with the same content standards applicable to Traveler reviews. Operators may not edit or delete a Traveler's Verified Review. Operators who post responses that violate these standards will have the response removed by Kofa Africa.

10.5 Review Moderation

Kofa Africa reserves the right to remove any review that:

• Violates the content standards set out in Section 10.2.
• Is determined to be fraudulent, fabricated, or incentivized by the Operator.
• Contains verifiably false statements of fact.
• Is otherwise in breach of these Terms or Kofa Africa's Community Guidelines.

Removal of a review does not constitute an admission that the review was defamatory or unlawful. Operators who believe a specific review contains false statements of fact may submit a review dispute via support@kofa.africa. Kofa Africa's moderation decision is final.

10.6 Rating Integrity

A Tour Experience's aggregate star rating is dynamically recalculated upon each new Verified Review submission. Deleted reviews trigger a recalculation within 5 minutes of removal. No single Traveler may submit more than one Verified Review per Booking Reference. Operators are strictly prohibited from offering incentives (financial or otherwise) to Travelers in exchange for positive reviews.

11Prohibited Conduct & Enforcement

11.1 Prohibited Conduct for All Users

The following conduct is prohibited on the Platform and constitutes a material breach of these Terms:

• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
• Submitting false, misleading, or inaccurate information in any account registration, Listing, booking, review, or communication.
• Using the Platform for any unlawful purpose or in violation of any applicable local, national, or international law.
• Attempting to bypass, disable, or interfere with any security feature or authentication mechanism of the Platform.
• Engaging in scraping, data mining, or automated data collection from the Platform without Kofa Africa's express written consent.
• Posting or transmitting any content that is defamatory, obscene, hateful, discriminatory, or that violates the rights of any third party.
• Using the Platform to transmit unsolicited commercial communications (spam) to other Users.
• Attempting to circumvent the Platform Commission by soliciting or accepting payment for Tour Experiences outside the Platform.
• Creating multiple accounts to circumvent suspensions or gaming the review system.
• Using the Platform to facilitate the booking of Tour Experiences that are illegal, unsafe, or that exploit vulnerable persons.

11.2 Prohibited Conduct for Operators

In addition to the general prohibitions above, Operators are specifically prohibited from:

• Listing Tour Experiences for which they do not hold the required licenses or permits.
• Publishing Listings with materially misleading photographs or descriptions.
• Setting artificially inflated ‘was’ prices to create false discount impressions.
• Offering or accepting payments from Travelers outside the Platform.
• Incentivizing Travelers to submit positive reviews or to remove negative reviews.
• Sharing Traveler personal data obtained through the Platform with third parties without consent.

11.3 Enforcement

Kofa Africa reserves the right to take any or all of the following actions in response to prohibited conduct:

• Issue a formal warning to the User's registered contact.
• Remove Content that violates these Terms without prior notice.
• Temporarily suspend access to the Platform.
• Permanently terminate the User's account.
• Cancel confirmed Bookings associated with the violating account and process refunds to affected Travelers.
• Withhold or recover Commission payments where violations relate to off-platform booking solicitation.
• Report conduct to relevant law enforcement or regulatory authorities where required by law or where conduct constitutes a criminal offence.

12Intellectual Property Rights

12.1 Kofa Africa's Intellectual Property

The Platform and all of its original content, features, technology architecture, design elements, trademarks, service marks, trade names, logos, and brand identity (collectively, “Kofa Africa IP”) are owned by or licensed to Kofa Africa Limited. Kofa Africa IP is protected by Nigerian and international intellectual property laws. Nothing in these Terms grants Users any right, title, or interest in Kofa Africa IP beyond the limited right to use the Platform in accordance with these Terms.

12.2 User Content License

By submitting, uploading, or posting any Content on the Platform (including Listings, photographs, reviews, messages, and profile information), you grant Kofa Africa a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, distribute, display, and create derivative works of that Content in connection with operating, improving, and promoting the Platform.

This license does not affect your ownership of your Content. You retain all ownership rights in the Content you submit. You represent and warrant that you own or have the right to grant this license in respect of all Content you submit.

12.3 Prohibited IP Use

Users may not:

• Copy, reproduce, or distribute any portion of Kofa Africa IP without express written permission.
• Reverse engineer, decompile, or disassemble any software component of the Platform.
• Use Kofa Africa's trademarks or brand assets in any manner that implies endorsement or affiliation without authorisation.
• Create derivative works based on the Platform's design or technology.

12.4 Third-Party IP

Kofa Africa respects the intellectual property rights of third parties and expects Users to do the same. If you believe that Content on the Platform infringes your intellectual property rights, please submit a notice to legal@kofa.africa with full particulars of the alleged infringement.

13Privacy & Data Protection

13.1 Privacy Policy

Kofa Africa's collection, use, storage, and sharing of personal data is governed by our Privacy Policy, available at https://kofa.africa/privacy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.

13.2 Applicable Data Protection Frameworks

Kofa Africa processes personal data in compliance with the following applicable frameworks:

13.3 Your Data Rights

Subject to applicable law, Users may exercise the following rights in relation to their personal data held by Kofa Africa:

• Right of access: Request a copy of personal data held by Kofa Africa.
• Right to rectification: Request correction of inaccurate personal data.
• Right to erasure: Request deletion of personal data, subject to Kofa Africa's legal obligations.
• Right to restrict processing: Request limitation of processing in defined circumstances.
• Right to data portability: Receive personal data in a structured, machine-readable format.
• Right to object: Object to processing based on legitimate interests.
• Right to withdraw consent: Withdraw consent to processing at any time without affecting prior processing.

To exercise any of these rights, contact Kofa Africa's Data Protection Officer at privacy@kofa.africa. We will respond within 30 days.

13.4 Data Security

Kofa Africa implements industry-standard security measures including TLS 1.2+ encryption for all data in transit and AES-256 encryption for data at rest. Payment card data is never stored on Kofa Africa infrastructure; all card tokenization is handled by Paystack and Flutterwave. The Admin Console requires multi-factor authentication. Authentication endpoints are rate-limited to prevent brute-force attacks.

14Disclaimers & Limitation of Liability

14.1 Platform Disclaimer

Kofa Africa does not warrant that:

• The Platform will be available without interruption or free from errors.
• Listings accurately represent the Tour Experiences that will be delivered by Operators.
• Any particular Tour Experience will meet the Traveler's specific expectations.
• The Platform is free from viruses or other harmful components.

14.2 Operator Disclaimer

14.3 Limitation of Liability

Kofa Africa shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, goodwill, or business opportunity.
• Personal injury or death, save to the extent caused by Kofa Africa's own negligence.
• Losses arising from Traveler reliance on Listing content that proves inaccurate.
• Losses arising from Force Majeure events.

14.4 Consumer Rights Preservation

Nothing in this Section 14 shall operate to exclude or limit any rights that Users have under applicable consumer protection legislation that cannot be excluded by contract, including the Nigeria Consumer Protection Act, applicable EU consumer law, or the UK Consumer Rights Act 2015, as applicable to the User's jurisdiction of residence.

15Indemnification

15.1 User Indemnity

You agree to indemnify, defend, and hold harmless Kofa Africa Limited, its directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of, or inability to use, the Platform.
• Your violation of these Terms or any applicable law.
• Content you submit to the Platform, including any claim that such Content infringes the rights of any third party.
• Any dispute between you and another User or between you and a third party.

15.2 Operator Indemnity

Operators additionally agree to indemnify Kofa Africa against any claims, losses, or liabilities arising from:

• The delivery, non-delivery, or defective delivery of any Tour Experience.
• Personal injury, death, or property damage suffered by Travelers during a Tour Experience.
• Operator's failure to hold required licenses, permits, or insurance.
• Inaccurate, misleading, or unlawful Listing content submitted by the Operator.

16Dispute Resolution & Arbitration

16.1 Traveler-Operator Disputes

Disputes arising between Travelers and Operators in relation to a Tour Experience should first be raised directly between the parties through the Platform's in-app messaging system. Kofa Africa encourages parties to resolve disputes amicably before escalating to Kofa Africa for facilitation.

16.2 Dispute Escalation to Kofa Africa

Where a Traveler-Operator dispute cannot be resolved directly within 48 hours of the dispute being raised, either party may escalate the dispute to Kofa Africa by submitting a formal dispute report at support@kofa.africa. Dispute reports must include:

• Booking Reference Number
• A clear description of the issue and the outcome sought
• Supporting evidence (photographs, messages, itinerary discrepancies)

16.3 Kofa Africa's Role in Dispute Facilitation

Kofa Africa will review submitted evidence and provide a non-binding facilitated resolution recommendation within 5 business days. Kofa Africa's role is that of a neutral facilitator; it is not an arbitrator and its recommendations do not constitute legally binding decisions. As merchant of record (Section 8), Kofa Africa may, in its sole discretion, withhold or adjust an Operator's payout pending resolution of a dispute.

16.4 Disputes Between Users and Kofa Africa

Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, between a User and Kofa Africa, shall be resolved by good-faith negotiation in the first instance. Either party may initiate the negotiation process by written notice to the other. If the dispute is not resolved within 30 days of the written notice, either party may refer the matter to formal legal proceedings in the courts of the Federal Republic of Nigeria.

16.5 Class Action Waiver

17Governing Law & Jurisdiction

17.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

17.2 Jurisdiction

Subject to Section 17.3, the parties submit to the exclusive jurisdiction of the courts of Lagos State, Federal Republic of Nigeria, for the resolution of any disputes arising under or in connection with these Terms.

17.3 EU/UK User Rights

Notwithstanding Section 17.2, Users located in the European Union or the United Kingdom retain any mandatory rights available to them under applicable EU or UK law, including the right to bring proceedings in the courts of their country of residence in matters of consumer protection. This clause does not affect such mandatory consumer protection rights.

18Modifications to These Terms

18.1 Right to Modify

Kofa Africa reserves the right to modify these Terms at any time to reflect changes in applicable law, Platform features, business operations, or industry standards. Modifications will not be applied retroactively to confirmed Bookings.

18.2 Notice of Changes

Kofa Africa will provide notice of material modifications to these Terms by:

• Sending an email notification to the registered email address of active Users at least 14 days prior to the effective date of the changes.
• Displaying a prominent notice on the Platform homepage and at login for a period of at least 14 days prior to the effective date.
• Updating the ‘Effective Date’ at the top of these Terms.

18.3 Acceptance of Changes

Your continued use of the Platform after the effective date of modified Terms constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform and may request account deletion by contacting support@kofa.africa.

19General Provisions & Contact Information

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Operator Onboarding Agreement (where applicable), constitute the entire agreement between you and Kofa Africa with respect to the Platform and supersede all prior agreements, representations, and understandings relating to the same subject matter.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions shall continue in full force and effect.

19.3 Waiver

Kofa Africa's failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. A waiver of any breach shall not constitute a waiver of any subsequent breach.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Kofa Africa's prior written consent. Kofa Africa may assign these Terms, in whole or in part, to any affiliate or successor entity in the event of a merger, acquisition, or sale of substantially all of its assets, with 30 days' written notice to affected Users.

19.5 Force Majeure

Kofa Africa shall not be liable for any failure or delay in performance of its obligations under these Terms arising from a Force Majeure event, provided that Kofa Africa uses reasonable efforts to mitigate the impact of such events and resumes full performance as soon as reasonably practicable.

19.6 Relationship of the Parties

Nothing in these Terms creates or implies any partnership, joint venture, agency, employment, or fiduciary relationship between Kofa Africa and any User. Operators are independent contractors and not agents or employees of Kofa Africa.

19.7 Notices

Notices to Kofa Africa under these Terms must be submitted in writing to legal@kofa.africa. Notices to Users will be delivered to the registered email address on the User's account. Notices are deemed received: (a) by email, on the day of transmission if sent before 17:00 WAT on a business day, or the next business day otherwise; (b) by post, 3 business days after posting.

19.8 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translated version, the English version shall prevail.

19.9 Contact Information