Terms of Service

01Introduction & Acceptance of Terms

Welcome to Kofa Africa. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Traveller,” or “Tour Operator”) and Kofa Africa Technologies, a company incorporated under the laws of Nigeria (“Kofa Africa,” “we,” “us,” or “our”).

By accessing or using the Kofa Africa platform — including our website, mobile application, and associated services (collectively, the “Platform”) — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Platform on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

We reserve the right to modify these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the revised Terms.

02Definitions

The following definitions apply throughout these Terms:

03Platform Description & Role of Kofa Africa

Kofa Africa is a curated marketplace platform that connects Travellers with verified Tour Operators offering multi-day experiences across Africa. We provide the technology, payment infrastructure, trust and safety systems, and support services that facilitate these connections.

What Kofa Africa Is

• A technology marketplace and intermediary platform
• A payment processor that receives Traveller payments through its licensed payment partners (Paystack, Flutterwave) and remits Operator payouts
• A trust and safety infrastructure provider (KYC/KYB verification)
• A communication facilitator between Travellers and Tour Operators
• A dispute mediation service

What Kofa Africa Is Not

• A tour operator or travel agent ourselves
• An employer or principal of Tour Operators listed on the Platform
• A party to any contract between Travellers and Tour Operators
• Responsible for the quality, safety, or legality of Listings (beyond our verification standards)
• An insurer or guarantor of tour experiences

04User Registration & Account Management

Eligibility

• You must be at least 18 years of age to create an account
• You must have legal capacity to enter binding contracts in your jurisdiction
• If registering as a business, you must have authority to bind the entity
• You must not be prohibited from using the Platform under applicable law

Account Registration

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

Identity Verification

We may require KYC (for Travellers) or KYB (for Tour Operators) verification at registration or at any point during your use of the Platform. Failure to complete verification may result in account suspension or access restrictions.

Account Security

• You must immediately notify us of any unauthorised access to your account
• We are not liable for losses resulting from unauthorised account access caused by your failure to secure credentials
• You may not share, transfer, or sell your account to any third party
• One account per individual or business entity (unless expressly authorised by Kofa Africa)

Account Termination

You may close your account at any time. We may suspend or terminate your account for violations of these Terms, fraudulent activity, or as required by law. Outstanding obligations (including confirmed Bookings) survive account termination.

05Traveller Terms & Conditions

Booking Responsibility

As a Traveller, you are responsible for reading all Listing details — including itinerary, inclusions, exclusions, physical requirements, and cancellation policies — before making a Booking. By booking, you confirm suitability for the experience.

Traveller Obligations

• Provide accurate personal information including health disclosures relevant to tour safety
• Obtain valid travel documents, visas, and vaccinations required for your destination
• Arrive punctually and follow the Tour Operator's safety instructions
• Treat Tour Operators, guides, and fellow travellers with respect
• Comply with local laws and cultural customs at all destinations
• Obtain appropriate travel insurance (strongly recommended; may be required for some experiences)
• Promptly communicate any changes or cancellations to the Tour Operator through the Platform

Traveller Representations

You represent that: (a) all information provided at booking is accurate; (b) you meet any physical, age, or medical requirements specified in the Listing; (c) you accept the inherent risks associated with adventure or remote travel experiences.

Reviews

After completing a booking, you may leave an honest review of your experience. Reviews must be factual, based on your genuine experience, and comply with our Content Standards. Fake, incentivised, or retaliatory reviews are prohibited.

06Tour Operator Terms & Conditions

Operator Eligibility & Verification

To list on Kofa Africa, Tour Operators must complete our KYB verification process, which includes business registration verification, operator licence/permit checks, identity verification of key personnel, and safety standards review.

Listing Obligations

• All Listing information must be accurate, complete, and kept up to date
• Pricing must be clearly stated in the agreed currency with all inclusions and exclusions disclosed
• Availability must be maintained accurately — overbooking is prohibited
• Safety standards, licences, and insurance must be maintained as required by applicable law
• Any material changes to a confirmed Booking must be communicated immediately through the Platform

Operator Responsibilities

• Deliver experiences as described in the Listing
• Maintain appropriate liability insurance for all tours offered
• Ensure guides and staff hold required certifications and licences
• Provide Travellers with accurate pre-departure information
• Respond to Traveller messages within 24 hours
• Comply with all applicable local, national, and international laws
• Maintain accurate tax records and comply with all tax obligations

Prohibited Operator Conduct

• Circumventing the Platform to accept payments directly from Travellers discovered through Kofa Africa
• Listing experiences that do not exist or cannot be delivered as described
• Manipulating reviews or incentivising fake positive reviews
• Discriminating against Travellers based on protected characteristics
• Misrepresenting operator credentials, licences, or safety certifications

Commission & Fees

Tour Operators agree to pay Kofa Africa a platform commission on each completed Booking, as specified in the Operator Agreement or fee schedule communicated at onboarding. Commission rates may be updated with 30 days' written notice.

07Booking Terms

Booking Process

A Booking is initiated when a Traveller submits a booking request through the Platform and is confirmed when the Tour Operator accepts the request (or it is auto-confirmed per the Listing settings) AND payment is successfully processed through Kofa Africa's licensed payment partners (Paystack, Flutterwave).

Booking Confirmation

• You will receive a Booking confirmation via email and in-app notification
• The confirmation constitutes a binding agreement between the Traveller and Tour Operator
• Kofa Africa is not a party to this agreement but facilitates its performance
• Review your confirmation carefully — errors must be reported within 24 hours

Modifications

Booking modifications (date changes, participant numbers, add-ons) are subject to Tour Operator approval and may incur additional fees. Material modifications may be treated as a cancellation and re-booking, applying the relevant cancellation policy.

Special Requirements

Any special requirements (dietary needs, accessibility accommodations, medical conditions) must be communicated at booking. Kofa Africa and Tour Operators will make reasonable efforts to accommodate requests but cannot guarantee fulfilment.

08Payment & Payout Terms

Payment Processing

All payments are processed through our integrated payment gateway. We accept major payment methods as displayed at checkout. By providing payment information, you authorise us to charge the total Booking amount including applicable service fees and taxes.

Payment Holding & Payouts

Kofa Africa receives and processes Traveller payments through its licensed payment partners (Paystack, Flutterwave). Kofa Africa holds the payment and remits the Operator's share, net of platform commission, after the Booking is completed and any applicable review/clearing period has passed. This protects both parties.

Service Fees

Kofa Africa charges a service fee to Travellers and a platform commission to Tour Operators. Fees are displayed transparently before Booking confirmation. Fees are non-refundable except where a cancellation is due to Operator fault or platform error.

Currency & Taxes

Prices are displayed in Nigerian Naira (₦) by default, with other currencies available where supported. You are responsible for any foreign exchange conversion fees charged by your bank. Tour Operators are responsible for collecting and remitting all applicable taxes on their services.

09Cancellation & Refund Policy

Cancellations must be made through the Platform. Verbal or informal cancellations are not accepted. Refunds are calculated based on the time between cancellation and the tour start date.

Standard Cancellation Windows (Traveller-Initiated)

Operator-Initiated Cancellations

If a Tour Operator cancels a confirmed Booking, the Traveller will receive a full refund of all amounts paid including the service fee. Repeat operator-initiated cancellations may result in suspension from the Platform.

Force Majeure Cancellations

In cases of genuine Force Majeure (natural disasters, government travel bans, outbreak of disease, civil unrest) affecting the tour destination, Kofa Africa may issue travel credits in lieu of cash refunds. We will assess such situations on a case-by-case basis and communicate decisions within 72 hours.

10Review & Trust System

Our review system is central to building trust on the Platform. Both Travellers and Tour Operators may review each other after a completed Booking.

Review Standards

• Reviews must be based on genuine, first-hand experience
• Reviews must be factual and not defamatory, misleading, or abusive
• Reviews must not contain personal information of other users
• One review per Booking — duplicate reviews are removed
• Reviews may not be offered in exchange for incentives or discounts

Review Moderation

Kofa Africa reserves the right to remove reviews that violate our standards. We do not edit review content. Both parties may report reviews for investigation. Dispute over reviews does not affect Booking payment status.

Trust Scores

Cumulative review scores contribute to a Trust Score displayed on Traveller and Operator profiles. Trust Scores affect search visibility and may influence booking eligibility for premium experiences. Scores are calculated algorithmically and cannot be manually adjusted upon request.

11Prohibited Conduct & Enforcement

The following conduct is strictly prohibited on the Kofa Africa Platform. This list is not exhaustive.

General Prohibitions

• Fraud, deception, or misrepresentation of any kind
• Circumventing Platform systems to arrange off-platform bookings or payments
• Creating multiple or fake accounts
• Harassment, abuse, or threatening behaviour towards other users or staff
• Uploading false, misleading, or defamatory content
• Attempting to hack, disrupt, or overload Platform infrastructure
• Scraping, copying, or using Platform data without authorisation
• Violating any applicable local or international law
• Money laundering, terrorist financing, or sanctions violations
• Discriminating against users based on protected characteristics

Enforcement Actions

Violations may result in any or all of the following, at Kofa Africa's sole discretion:

• Formal warning and content removal
• Temporary account suspension
• Permanent account termination and ban
• Forfeiture of pending payouts (for Tour Operators)
• Legal action and referral to law enforcement authorities
• Public disclosure where required by law

12Intellectual Property Rights

Kofa Africa's Intellectual Property

The Platform, including its software, design, trademarks, logos, trade names, text, graphics, images, and other content created by Kofa Africa (“Kofa IP”), is the exclusive property of Kofa Africa Technologies and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purposes. You may not copy, reproduce, modify, distribute, or create derivative works of any Kofa IP without express written consent.

User Content

By uploading Content to the Platform (including Listing descriptions, images, reviews, and profile information), you grant Kofa Africa a worldwide, royalty-free, sublicensable licence to use, display, reproduce, and distribute that Content in connection with operating and promoting the Platform.

You retain ownership of your Content. You represent that you have all rights necessary to grant this licence and that your Content does not infringe any third-party intellectual property rights.

DMCA / Copyright Takedown

If you believe Content on the Platform infringes your copyright, please send a takedown notice to info@kofa.africa with: (a) your contact details, (b) identification of the infringing material, (c) a statement of good faith belief, and (d) your electronic or physical signature.

13Privacy & Data Protection

Your use of the Platform is subject to our Privacy Policy, which is incorporated by reference into these Terms. By accepting these Terms, you also accept our Privacy Policy.

We collect and process personal data in compliance with applicable data protection laws in the jurisdictions in which we operate:

For details on data collection, use, retention, and your rights, please read our full Privacy Policy.

14Disclaimers & Limitation of Liability

Platform Provided “As Is”

No Warranty on Listings

Kofa Africa does not warrant the accuracy, completeness, or quality of Listings. We do not endorse any Tour Operator or guarantee the quality, safety, or legality of any tour experience. We conduct verification checks but cannot guarantee the accuracy of all information provided by Tour Operators.

Limitation of Liability

To the maximum extent permitted by applicable law, Kofa Africa's total liability to you for any claim arising from or related to your use of the Platform shall not exceed the greater of:

• The total fees paid by you to Kofa Africa in the 12 months preceding the claim, or
• ₦100,000 (One Hundred Thousand Naira)

Kofa Africa shall not be liable for indirect, incidental, special, consequential, or punitive damages including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

Third-Party Services

The Platform may link to or integrate with third-party services (payment processors, mapping services, etc.). Kofa Africa is not responsible for the availability, accuracy, or conduct of third-party services. Your use of third-party services is governed by their respective terms.

15Indemnification

You agree to defend, indemnify, and hold harmless Kofa Africa Technologies and its officers, directors, employees, agents, subsidiaries, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of or access to the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Content you submit, post, or transmit through the Platform
• Your interaction with other users, including any harm caused to Travellers or Tour Operators
• Any claim that your Content infringes a third party's intellectual property or privacy rights
• Your failure to maintain required licences, permits, or insurance (Tour Operators)

Kofa Africa reserves the right to assume exclusive defence and control of any matter subject to indemnification. You agree to cooperate fully with our defence of such claims.

16Dispute Resolution & Arbitration

Between Travellers and Tour Operators

Disputes arising between Travellers and Tour Operators should first be resolved directly between the parties through the Platform's messaging system. Kofa Africa provides a mediation service for disputes that cannot be resolved directly.

Kofa Africa Mediation Process

• Step 1 — Direct resolution: Parties attempt resolution via Platform messaging (72-hour window)
• Step 2 — Kofa Africa mediation: Either party may request mediation through support (5 business day review)
• Step 3 — Final determination: Kofa Africa issues a binding decision and may withhold or refund the Operator's pending payout while the dispute is being resolved
• Step 4 — Formal arbitration: If unsatisfied, either party may escalate to formal arbitration

Disputes with Kofa Africa

Any dispute between you and Kofa Africa that cannot be resolved informally shall be submitted to binding arbitration under the Arbitration and Conciliation Act of Nigeria. Arbitration shall be conducted in Lagos, Nigeria, in the English language.

Informal Resolution Requirement

Before initiating formal arbitration, you must first send a written notice of dispute to info@kofa.africa describing the dispute and your desired resolution. Kofa Africa will have 30 days to respond and attempt informal resolution.

17Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.

Subject to the arbitration clause above, you consent to the exclusive jurisdiction of the courts of Lagos State, Nigeria, for any dispute not subject to arbitration.

Consumer Protection Laws

Nothing in these Terms limits any rights you have under mandatory consumer protection laws applicable in your jurisdiction. If you are a consumer in the EU, UK, or another jurisdiction with mandatory consumer protection legislation, those rights are not affected by these Terms.

International Users

The Platform is operated from Nigeria. If you access the Platform from outside Nigeria, you do so at your own initiative and are responsible for compliance with local laws. The Platform may not be available or appropriate for use in all jurisdictions.

18Modifications to These Terms

Kofa Africa reserves the right to modify these Terms at any time. We will notify you of material changes through:

• Email to the address associated with your account
• In-app notification visible upon login
• A prominent notice on the Platform homepage
• Updated “Effective Date” at the top of these Terms

Non-material changes (such as corrections of typographical errors, clarifications that do not affect your rights, or URL updates) may be made without specific notice.

Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Platform and may close your account.

19General Provisions & Contact Information

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements or policies incorporated by reference, constitute the entire agreement between you and Kofa Africa regarding your use of the Platform and supersede all prior agreements.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

Waiver

Kofa Africa's failure to enforce any provision of these Terms shall not be construed as a waiver of our right to enforce that provision in the future.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Kofa Africa may assign these Terms in connection with a merger, acquisition, or sale of assets without restriction.

Force Majeure

Kofa Africa shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, strikes, internet outages, or acts of government.

Contact Us

For any questions, concerns, or notices regarding these Terms, please contact us through the following channels: