Welcome Madagasikara
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you agree to these terms and conditions in their entirety; therefore, if you do not agree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register on our website, submit material to our website or use any of the services on our website, we will require you to expressly accept these terms and conditions.
1.4 You must be at least 18 years old to use our website; by using our website or accepting these terms and conditions, you warrant and represent that you are at least 18 years old.
1.5 Our website uses cookies; by using our website or accepting these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookie policy.
2.1 Copyright (c) 2022 WELCOME MADAGASIKARA.
2.2 Subject to the express provisions of these Terms and Conditions:
(a) we, together with our licensors, own and control all copyright and other intellectual property rights in our website and the material on our website; and
(b) all copyright and other intellectual property rights in our website and the material on our website are reserved.
3.1 You may:
(a) display pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video from our website; and
(e) use our website services through a web browser, subject to the other provisions of these terms and conditions
3.1 or the other provisions of these terms and conditions, you shall not download any material from our website or store any such material on your computer.
3.2 Except as expressly permitted in section
3.3 You may only use our Website for your own personal and business purposes, and you must not use our Website for any other purpose.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or modify in any way the content of our website.
3.5 We reserve the right to restrict access to certain areas of our website, or indeed our entire website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction on our website.
4.1 You must not:
(a) use our website in any manner or take any action that causes or may cause damage to the website or impairment of the website's performance, availability or accessibility;
(b) use our website in an illegal, unlawful, fraudulent or harmful manner, or in connection with any illegal, unlawful, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is related to) any spyware, computer virus, Trojan horse, worm, keylogger, rootkit or other malicious computer software
(d) conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in connection with our website without our express written consent;
(e) access or interact in any way with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the guidelines set forth in our website's robots.txt file; or
(g) use the data collected on our website for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing and direct mail)
4.2 You must not use the data collected on our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that any information you provide to us via our website, or in connection with our website, is true, accurate, current, complete and not misleading.
5.1 In these terms and conditions, "your content" means all works and materials (including, without limitation, text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing or transmission through our website.
5.2 You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in connection with this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in connection with this website.
5.3 You grant us the right to sub-license the rights granted under section 5.2.
5.4 You grant us the right to bring an action for infringement of the rights granted under section 5.2.
5.5 You hereby waive all moral rights in your Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your Content have been waived to the maximum extent permitted by applicable law.
5.6 You may edit your content to the extent permitted by using the editing functionality provided on our website.
5.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may remove, unpublish or edit all or part of your content.
6.1 You warrant and represent that Your Content will comply with these terms and conditions.
6.2 Your Content must not be illegal or unlawful, must not infringe the legal rights of any person and must not be capable of giving rise to legal proceedings against any person (in each case in any jurisdiction and under any applicable law).
6.3 Your Content, and our use of Your Content in accordance with these terms and conditions, must not:
(a) be defamatory or falsely malicious;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, infringement right or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain a negligent statement;
(f) constitute incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of court or in violation of a court order;
(h) be in violation of racial or religious hate or discrimination laws;
(i) be blasphemous;
(j) be in violation of official secrets legislation;
(k) be in breach of any contractual obligation to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, obscene, suggestive or sexually explicit;
(n) be false, untrue, inaccurate or misleading;
(o) include or contain instructions, advice or other information that may be acted upon and could, if acted upon, result in illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, threatening, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or unnecessary anxiety to any person.
7.1 Nothing in these terms and conditions:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liability in a manner that is not permitted by applicable law; or
(d) exclude any liability that cannot be excluded under applicable law.
7.2 The limitations and exclusions of liability set forth in this Section 6 and elsewhere in these Terms and Conditions:
(a) are subject to Section 6.1; and
(b) govern all liabilities arising out of or in connection with the subject matter of these terms and conditions, including liabilities in contract, tort (including negligence) and for breach of statutory duty, except to the extent otherwise expressly provided in these terms and conditions.
7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any kind.
7.4 We will not be liable to you for any loss resulting from any event or events beyond our control.
7.5 We will not be liable to you for any commercial loss, including (without limitation) loss or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, business opportunities or goodwill.
7.6 We will not be liable to you for any loss or corruption of data, databases or software.
7.7 We will not be liable to you for any special, indirect or consequential loss or damage.
7.8 You agree that we have an interest in limiting the personal liability of our officers and employees and, in consideration of that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any loss you suffer in connection with the Website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees)
8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) prevent computers using your IP address from accessing our website;
(e) contact any or all of your Internet service providers and request that they block your access to our website;
(f) bring legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
8.2 Where we suspend or ban or block your access to our website or any part of our website, you must not take any action to circumvent such suspension or ban or block (including, without limitation creating and/or using a different account)
9.1 We may revise these terms and conditions from time to time.
9.2 The revised terms and conditions will apply to the use of our website from the date of posting of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be informed of, or to consent to, revisions to these terms and conditions. OR We will notify you in writing of any revisions to these terms and conditions, and the revised terms and conditions will apply to your use of our website from the date we notify you; if you do not agree to the revised terms and conditions, you must cease using our website.
9.3 If you have given your express agreement to these terms and conditions, we will require your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will deactivate or delete your account on the Website and you must cease using the Website.
10.1 If any provision of these terms and conditions is found by a court or other competent authority to be illegal and/or unenforceable, the remaining provisions shall remain in full force and effect.
10.2 If any illegal and/or unenforceable provision of these terms and conditions would be legal or enforceable if any part of it were deleted, that part shall be deemed to be deleted and the remainder of the provision shall remain in force.
11.1 A contract under these terms and conditions is for our benefit and yours, and is not intended to benefit or be enforceable by any third party.
11.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
12.1 Subject to section 5.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
13.1 These terms and conditions shall be governed by and construed in accordance with Malagasy law.
13.2 Any dispute relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of Madagascar.
14.1 We are registered in the Trade Register: Antsirabe 2021 A 00018
14.2 We are subject to the C license, which is supervised by the Ministry of Tourism.
14.3 We are registered as a Tour Operator with the National Tourist Office of Madagascar and with the Regional Tourist Office of Vakinankaratra.
14.5 Our tax identification number: 2002175027
14.6 Our statistical number : 49295 12 2016 0 00094
15.1 This website is owned and operated by Mr. NIRIANIAINA Andry Eric; contact +261 34 16 571 82
15.2 We are registered in Antsirabe Madagascar under the registration number : 2002175027, and our head office is located in Antsirabe Lot 27 H 120 Mahazoarivo Sud.
15.3 Our main establishment is located in Antsirabe Lot 27 H 120 Mahazoarivo Sud.
15.4 You may contact us:
(a) by mail, at contact@welcomemadagasikara.com, wlc.madagasikara@gmail.com;
(b) by using the contact form on our website;
(c) by telephone, on the contact number published from time to time on our website; or
(d) by e-mail, using the e-mail address published from time to time on our website.