TERMS OF SERVICE: CORPORATE VERTICAL
1. Scope of Service: The Consultant & Platform Model
Safari Acacia (SA) operates exclusively as a premium boutique consultancy, platform, and logistics facilitator for corporate wilderness retreats. We do not own, manage, or exercise operational control over the third-party partner properties, aviation charters, conservation NGOs, or local transport providers (“Suppliers”). All bookings are facilitated as an intermediary; the definitive contract for the actual delivery of physical services, accommodation, and transport exists entirely between the Client Organization (“Client”) and the respective Supplier.
2. Boundary of Professional Liability (Consultancy Exemption)
While SA curates and recommends Suppliers based on our proprietary vetting standards and “Executive Story” framework, these recommendations are made in good faith based on information provided by the Suppliers at the time of curation.
- Due Diligence: SA assumes no liability for a Supplier’s subsequent failure to maintain advertised standards, safety protocols, or accessibility requirements.
- Client Responsibility: The Client Organization acknowledges that it is solely responsible for conducting its own final due diligence to ensure the selected itinerary and properties meet the specific physical, medical, and strategic requirements of its attending executives.
3. General Operational Indemnification
SA is fully indemnified against any personal injury, death, property loss, or logistical delay occurring during residency at, or transit between, partner properties. Any claims, litigation, or demands for compensation arising from service quality, physical infrastructure, or operational negligence must be directed solely to the respective Supplier.
4. Absolute Limitation of Medical & Emergency Liability
The wilderness environment carries inherent, unpredictable risks. Our stance on medical emergencies, evacuations, or accidents is absolute:
- Zero-Liability Status: Regardless of a guest’s insurance status—whether they hold comprehensive cover, inadequate cover, or no insurance at all—Safari Acacia assumes zero financial or legal liability for the outcome of any incident, injury, or illness.
- Assumption of Risk: By participating in an SA-curated retreat, the guest and the Client Organization acknowledge that they move within remote areas at their own peril, far from standard medical facilities.
- Emergency Assistance: Any logistical assistance provided by SA staff or representatives in an emergency is rendered strictly on a “Good Samaritan” basis. Such assistance does not constitute an admission of responsibility, a shift in liability, or a guarantee of successful evacuation.
- Cost Responsibility: All costs associated with medical treatment, emergency evacuation, ground rescue, or repatriation remain the sole responsibility of the guest or their Client Organization, irrespective of insurance status, coverage limits, or payout delays.
5. Cyber-Security & Corporate Espionage Disclaimer
Recognizing that corporate offsites involve the discussion of highly sensitive intellectual property and strategic foresight:
- Network Security: SA provides no warranty or guarantee regarding the digital security, encryption standards, or privacy of satellite Wi-Fi or terrestrial networks provided by partner properties.
- Corporate Obligation: The Client Organization assumes all risks associated with data transmission in remote areas and is strictly responsible for deploying its own enterprise-grade Virtual Private Networks (VPNs), endpoint security, and communication protocols. SA is indemnified against any data breaches, corporate espionage, or digital interception that occurs during the retreat.
6. Non-Circumvention & B2B Anti-Solicitation
To protect the proprietary network and curation efforts of SA:
- Exclusivity of Introduction: The Client Organization agrees that for a period of twenty-four (24) months following the conclusion of any SA-facilitated retreat, neither the Client Organization nor its attending executives will directly contact, solicit, or book corporate events with any Supplier introduced to them by SA without utilizing SA as the facilitating platform.
- Breach of Clause: Direct engagement with Suppliers to bypass SA’s consultancy and facilitation fees will result in a penalty equivalent to the standard SA platform fee that would have been applied to said booking.
7. Cancellation, Attrition, & Service Terms
- Contractual Primacy: All cancellation, postponement, and refund policies are governed strictly by the bespoke Master Service Agreement (MSA) or similar document executed between SA and the Client Organization at the time of booking.
- MICE Inventory Protection: Due to the rigid and limited inventory of ultra-luxury wilderness lodges, deposits are fundamentally non-refundable. Furthermore, post-deposit reductions in guest headcount (“attrition”) will not trigger proportional refunds, as event pricing is secured based on a minimum executive block.
8. Infrastructure & Nature Disclaimers
- Wildlife Sightings: The natural ecosystem is entirely unpredictable. SA provides no guarantees regarding specific wildlife encounters, species behavior, or photographic opportunities.
- Remote Infrastructure: SA is not liable for the failure, interruption, or incompatibility of third-party power backups, AV equipment, or logistical infrastructure at partner properties.
9. Authority of Field Experts
To ensure the absolute security of the group and adherence to local wildlife ethics, the lead field naturalist, head ranger, or lodge manager retains supreme and final authority to terminate, alter, or restrict any wilderness activity. Conduct by any guest that threatens safety, violates local laws, or disrupts the ecosystem will result in immediate expulsion from the itinerary without refund.
10. Mutual Intellectual Property & Publicity Rights
- SA Intellectual Property: All content, itinerary designs, and narrative styling (including the “Executive Story” framework) are the exclusive intellectual property of Safari Acacia.
- Client Privacy (Reverse IP): SA strictly respects the privacy and brand equity of our corporate clients. SA will not use the Client Organization’s name, corporate logo, or the likeness/photographs of its executives for promotional purposes, case studies, or social media without securing a separate, explicitly signed Media Release Agreement from the Client.
11. Expanded Force Majeure
SA is not liable for failure or delay in performing its obligations if such failure is caused by an event beyond our reasonable control. This includes, but is not limited to:
- Natural/Civic Events: Acts of God (fire, flood, earthquake), erratic animal migrations, government-mandated park closures, pandemics, terrorism, or civil unrest.
- Corporate Events: Economic instability, sudden corporate mergers/acquisitions, or government-mandated travel bans originating from the Client’s home country. Under such circumstances, SA will facilitate negotiations with Suppliers for postponement, but refunds remain strictly subject to the Supplier’s individual Force Majeure policies.
12. Governing Law & Jurisdiction
This agreement, and all matters or disputes arising out of it, shall be governed by and construed in accordance with the Laws of India. The parties hereby irrevocably submit to the exclusive jurisdiction of the Courts at Kolkata and the High Court at Calcutta for the resolution of any legal disputes, regardless of the Client Organization’s country of registration or the guests’ origin.
13. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that specific provision shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms of Service shall otherwise remain in full force, effect, and legal enforceability.
