NIVANA – TERMS OF USE

Last updated: 7 December 2025

Welcome to Nivana. These Terms of Use (“Terms”) govern your access to and use of our website, content, and any services or features made available through this site (collectively, the “Site”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site.

Important: This document is a general template and does not constitute legal advice. You should review and adapt it with a qualified lawyer in the country where Nivana is registered and operating.

1. WHO WE ARE

“Nivana”, “we”, “us”, or “our” refers to the luxury travel and wellness brand that curates bespoke itineraries, wellness-focused retreats, and related travel experiences, as described on this Site.

Contact details and company registration information may be provided on our contact or imprint pages and in our communications with you.

2. SCOPE OF THESE TERMS

These Terms apply to your use of:

  • Our public website pages,

  • Any contact forms (including “Design My Escape” and enquiry forms),

  • Any content we publish (text, images, videos, guides, or downloads), and

  • Any other features we make available on the Site.

Separate terms and conditions may apply to:

  • Actual travel bookings and retreat packages,

  • Payment terms and cancellation policies, and

  • Partner or supplier contracts.

Where additional or more specific terms apply, those terms will take precedence in relation to the relevant booking or service.

3. ELIGIBILITY

By using this Site, you confirm that:

  • You are at least 18 years old (or the age of legal majority in your jurisdiction); and

  • You have the legal capacity and authority to enter into these Terms.

If you use the Site on behalf of another person or organization, you represent that you are authorized to do so and that they agree to these Terms.

4. INFORMATION ON THIS SITE

The content on this Site is provided for general information and inspiration only. While we aim to keep information accurate and up to date, we:

  • Do not guarantee that all content, pricing, availability, or details of destinations and retreats are always complete, accurate, or current.

  • May update, correct, or remove content from time to time without prior notice.

Descriptions of trips, stays, experiences, and wellness services are examples and may vary based on availability, season, partners, and your specific preferences.

5. WELLNESS & MEDICAL DISCLAIMER

Nivana focuses on wellness, rest, and intentional travel. However:

  • We do not provide medical, psychological, or psychiatric advice, diagnosis, or treatment.

  • Nothing on this Site should be interpreted as medical or mental health advice.

  • You should always consult with a qualified healthcare professional before making any decision related to your health, fitness, mental wellbeing, or ability to participate in any travel or wellness activities.

By using this Site and by engaging with any retreats or experiences, you accept full responsibility for your own physical and mental health and for assessing whether the experiences are suitable for you.

6. TRAVEL RISKS & RESPONSIBILITIES

Travel inherently involves certain risks, including but not limited to:

  • Transportation delays or disruptions,

  • Weather conditions,

  • Local regulations and customs,

  • Safety considerations in specific destinations.

By using this Site and by requesting or participating in experiences:

  • You understand and accept that travel risks cannot be completely eliminated.

  • You are responsible for complying with all local laws, visa requirements, health regulations, and entry conditions applicable to your travel.

  • You are responsible for securing the appropriate travel insurance coverage (including health, cancellation, and personal belongings) for your needs.

Nivana is not liable for your failure to comply with such requirements.

7. BOOKINGS, PAYMENTS & CANCELLATIONS

Some parts of this Site allow you to:

  • Submit enquiries about tailored retreats or experiences;

  • Request proposals or itineraries; and

  • Communicate preferences and budget.

Submitting a form or enquiry does not automatically create a confirmed booking.

  • Any booking you make with us (or with third-party suppliers we introduce you to) will be governed by separate booking terms and conditions, which may include payment schedules, cancellation policies, refund rules, and other specific conditions.

  • You will be given the opportunity to review such terms before confirming a booking.

In the event of any inconsistency, the specific booking terms and conditions will override these general Terms in relation to your confirmed trip.

8. THIRD-PARTY SUPPLIERS & LINKS

The experiences curated by Nivana often involve third-party providers such as hotels, villas, lodges, wellness practitioners, transport companies, tour operators, and other partners (“Third-Party Suppliers”).

  • These Third-Party Suppliers are independent entities and are not employees, agents, or representatives of Nivana.

  • Their own terms and conditions may apply to your use of their services.

  • We are not responsible for the acts, errors, omissions, representations, warranties, or negligence of any Third-Party Supplier.

The Site may also contain links to third-party websites or resources. We do not endorse and are not responsible for the content, products, or services provided by such third parties.

9. YOUR USE OF THE SITE

You agree to use the Site only for lawful purposes and in a way that does not:

  • Violate any applicable law or regulation;

  • Infringe on the rights of any third party;

  • Interfere with or disrupt the functioning or security of the Site; or

  • Misuse any forms, contact options, or communication channels provided by us.

You agree not to:

  • Attempt to gain unauthorized access to our systems or data;

  • Use any automated systems (e.g., bots, scrapers) to extract data from the Site without our express permission;

  • Upload or transmit any malicious code, spam, or harmful content.

We reserve the right to suspend or block access to any user who misuses the Site or violates these Terms.

10. INTELLECTUAL PROPERTY

Unless otherwise indicated:

  • All content on the Site, including text, design, graphics, logos, images, videos, and other materials, is owned by or licensed to Nivana and is protected by applicable intellectual property laws.

You may:

  • View, read, and download content for your personal, non-commercial use only.

You may not:

  • Copy, reproduce, modify, distribute, display, sell, publish, or create derivative works from any part of the Site without our prior written consent, except where such use is permitted under applicable law.

Any unauthorized use of our intellectual property may result in legal action.

11. USER CONTENT & SUBMISSIONS

If you submit any content to us via the Site (including messages, testimonials, reviews, stories, or feedback):

  • You confirm that the content is your own or that you have the right to share it.

  • You grant Nivana a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and display that content for legitimate business purposes (for example, to respond to your enquiry, improve services, or showcase testimonials, where you have explicitly consented).

We reserve the right to decline, edit, or remove any user-submitted content that we consider inappropriate, unlawful, or not aligned with our brand values.

12. PRIVACY & DATA PROTECTION

We are committed to respecting your privacy and protecting your personal data.

  • Our collection and use of your personal information through this Site is governed by our Privacy Policy, which should be read together with these Terms.

  • By using the Site and submitting personal data, you agree to the processing of your information in accordance with our Privacy Policy.

Please refer to the Privacy Policy page for more details on what information we collect, how we use it, and your rights.

13. DISCLAIMERS

To the maximum extent permitted by law:

  • The Site and its content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

  • We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

  • We do not guarantee any particular emotional, physical, or transformational outcome from your use of the Site or participation in any travel or wellness experience.

Your use of the Site is at your own risk.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Nivana and its owners, directors, employees, or partners shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages;

  • Any loss of profits, revenue, data, or goodwill;

  • Any loss, injury, or damage arising from or connected with your use of the Site, your reliance on any information provided on the Site, or any travel or wellness experiences booked with Third-Party Suppliers.

Where our liability cannot be excluded under applicable law, it will be limited to the minimum extent permitted by law.

15. INDEMNITY

You agree to indemnify, defend, and hold harmless Nivana and its owners, directors, employees, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

  • Your use or misuse of the Site;

  • Your breach of these Terms; or

  • Your violation of any law or the rights of a third party.

16. CHANGES TO THE SITE & TERMS

We may, at any time and at our discretion:

  • Modify, suspend, or discontinue any part of the Site;

  • Update these Terms.

Where we make material changes, we will update the “Last updated” date at the top of this page. Your continued use of the Site after changes have been posted constitutes your acceptance of the revised Terms.

17. GOVERNING LAW & DISPUTES

These Terms, and any dispute arising out of or relating to them or your use of the Site, shall be governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles.

You agree that:

  • Any disputes will first be addressed through good-faith negotiations; and

  • If not resolved amicably, disputes may be submitted to the competent courts of Nairobi, Kenya, unless mandatory law provides otherwise.

18. CONTACT US

If you have any questions about these Terms, the Site, or how we operate, you can contact us at:

Nivana
Email: bookings@nivana.co