This Agreement applies to all Experts who access and/or use Zumbudda websites or sub-sites (“Services”).
These Services are owned and operated by Zumbudda (Pty) Ltd (“Zumbudda”) and you use these services as an Expert, with whom Users make contact, as an enabling tool for the communications between yourself and the User. The “Services” Zumbudda renders to you therefore is that of a facilitator and enabler.
In addition to the websites and sub-sites, these Services or a portion thereof, may also be made available via third party websites. If you have accessed any of the Zumbudda’s Services, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such a website may be subject to terms and conditions imposed by such third party. Zumbudda is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.
This Agreement sets forth and contains the terms and conditions between you and Zumbudda. By using any portion the Services rendered by means of any Zumbudda website or sub-site, you agree to be bound by this Agreement. You should, therefore, read this Agreement carefully. If you do not agree to these terms you will not be eligible to use these Services as an Expert.
Zumbudda may modify this Agreement or any part hereof at any time as may be required for the provisions of Services for other legitimate business purposes or as may be required by South African law. Any material changes to this Agreement will be communicated to Experts in a way that is most commercially reasonable; however Experts are encouraged to check the Expert Agreement frequently. When using this Service after any modifications are made to the Expert Agreement, the Expert agrees to be bound to such a modified Agreement.
When you click “Yes” to this Expert Agreement, you will be entering an Agreement with Zumbudda (Pty) Ltd. If you do not click “Yes” “No”, you will not be able to register as an Expert on Zumbudda’s Services.
Declaration by Expert
By entering into this Agreement, the Expert declares and agrees to, and warrants -:
Zumbudda is a Live Chat Service connecting Experts with Users who seek advice or Services from a screened Expert for a prescribed fee. This enables the User to communicate directly with an Expert and pay accordingly using the Zumbudda payment facility. This “Transaction” is the direct responsibility of the Expert under the Expert’s account as set out in Zumbudda’s Payment Terms.
The Expert acknowledges and agrees that they are neither employees nor agents nor representatives of Zumbudda, and Zumbudda assumes no responsibility for any act or omission of any such Expert. The Expert will never portray or imply such affiliation towards Users or any third party.
Zumbudda makes no representation or warranty as follows:
Zumbudda provides Users with a free five (5) minute consultation period with their first Expert consultation. Thereafter, Users are charged from the start of the Expert chat once both parties have accepted.
AS NOTED IN THIS AGREEMENT, THE EXPERT ACKNOWLEDGES AND AGREES THAT ZUMBUDDA’S SERVICES ARE PROVIDED “AS IS”, AND THEREFORE THE EXPERT WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST ZUMBUDDA, ITS AFFILIATES, OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY OF ZUMBUDDA’S SERVICES. THE USE OF ZUMBUDDA’S SERVICES IS AT THE EXPERT’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, ZUMBUDDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
If an Expert provides Services to a User through Zumbudda’s Services, the Expert must exercise a reasonable standard of care, one that is mandated by his or her profession, industry associations and regulatory bodies, whichever is higher. The Expert remains solely and fully liable for all communications and interactions with Users. The Expert not shall not have any claim or demand against Zumbudda, its affiliates and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any Services the Expert decided to provide as facilitated by the use of Zumbudda’s Services.
Nothing contained in this Agreement, through any of Zumbudda’s Services, on any third party site or provided otherwise shall be considered a warranty or guarantee with respect to any Users’ response, availability or credibility, including personal information given on Zumbudda website or sub-site profiles or made available on any blog or any other forum.
Zumbudda will not be liable for enforcing any agreement that was made between an Expert and a User, including a transaction fee agreement. The Expert will be solely responsible for any agreement made with a User.
Any advice or information provided by a health care professional or allied healthcare professional is provided for information purposes only and cannot be considered a substitute for a face-to-face consultation of the User by such professional. The Expert must make this fact known to all Users.
Where non-healthcare professionals provide health information, such Expert has to ensure that s/he does not contravene legislation in relation to health services, and makes clear that Users are to seek healthcare professional help. Zumbudda strongly recommends that anyone seeking medical or mental health advice make an appointment with a qualified professional.
IF YOU ARE A REGISTERED HEALTH CARE PROFESSIONAL THE ADVICE OR INFORMATION YOU PROVIDE TO USERS IS FOR INFORMATIONAL PURPOSES ONLY. YOU SHALL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE USER TO IMMEDIATELY CALL THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. Zumbudda’s services do not relieve you of any legal- or professional obligation towards Users.
The advice or information provided by legal professionals and other Experts in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting.
Zumbudda cannot be held liable for any unprofessional behaviour by an Expert, for any breach of professional rules of conduct applicable to any professional, or for any actions of a User flowing from the communication between User and Expert.
RIGHT TO AMEND OR REMOVE
Zumbudda may elect, but is not required, to review the Expert’s personal profile and amend any typing or spelling errors. Zumbudda does not examine the validity or accuracy of the details in the User’s personal profile or in any of the User’s postings or transmissions. Without derogating from the above or any other term of this Agreement, Zumbudda may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Expert and/or remove any content violating this Agreement. The Expert will bear all the risks associated with the uploading and transmitting of material while utilising Zumbudda’s Services, including reliance on its accuracy, reliability or legality.
In the event of a dispute regarding any Transaction conducted via Zumbudda’s Services, the Expert hereby relieves Zumbudda, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which the Expert may have against one or more of the above.
Zumbudda will not be liable for enforcing any agreement that was made between an Expert and a User, including a Transaction fee agreement. The User will be solely responsible for any agreement made with an Expert.
If you enter into a transaction with a User and have a dispute of Services rendered, Zumbudda’s only responsibility is the processing of the transaction. All transactions are final once completed. Unless a claim is submitted within twenty-two (22) working days after the charge, you will have waived, to the fullest extent permitted by law, all claims against Zumbudda arising out of or otherwise related to the transaction.
NON-ENDORSEMENT & LIABILITY
Zumbudda does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, expertise, claims or background of any Expert or any opinion, response, advice, prediction, recommendation, information or other service provided by any Expert. Nothing contained in this Agreement, on any of Zumbudda’s Services, on any third party site or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to any Expert and any opinion, response, advice, prediction, recommendation, information or other service provided by any Expert or otherwise made available on these Services; or the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Expert, including any biographical information, qualifications, or other information spoken by any Expert or contained in or made available on Zumbudda’s Services, any blog or any other forum.
In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Zumbudda will be capped at R5. This section (limitation of liability) shall survive termination or expiration of this Agreement.
Only Services provided by Zumbudda are subject to Payment Terms. All Services provided outside of Zumbudda’s Services are not liable to any warranties expressed or implied.
The commission for Live Chat sessions is charged regardless of the session duration. The commission for e-mail sessions where applicable, applies to each individual e-mail session and not to accumulated sessions.
Experts will receive 70% commission on the total transaction fee for each session; this includes any Users introduced by the Expert to Zumbudda. Zumbudda will retain 30% of the transaction value.
A “Live Chat session” includes a session between an Expert and a User via Zumbudda’s Live Chat Technology. It excludes Email sessions.
Experts will receive 60% commission per email session where applicable; this includes any Users introduced by the Expert to Zumbudda.
Pricing: Pricing is in accordance with per minute billing as per Zumbudda’s pricing options. Total price is fully inclusive of taxes but not inclusive of data transfer fees by external service providers i.e. internet and mobile services.
The Expert’s commission will be credited to the Expert’s bank account as verified under their Expert profile. This is subject to the Banking laws of South Africa. Payment will only be made on the twenty second (22) working day following the first transaction. Thereafter all payments will fall on the fourteenth (14) working day following the last payment. Experts will be notified of their balance and be required to invoice Zumbudda (Pty) Ltd.
If the Commission for the period is less than twenty South African rand (ZAR20), Zumbudda may hold such payment to the Expert’s account until the amount due is equal to or exceeds twenty South African rand (ZAR20).
Experts are solely responsible for reporting and paying any applicable tax or tariffs.
Pricing is selected by the Expert in accordance with the approved Zumbudda pricing structure. Pricing may be changed by Experts in the Expert Profile at any time from the list of pricing options. Total price is fully inclusive of taxes but not inclusive of data transfer fees by external service providers i.e. internet and mobile services. Zumbudda reserves the right to change the pricing structure at any time without prior notice. However, Zumbudda will use reasonable efforts to notify Experts in advance of any such change by posting them on our website, or by sending them to an email address provided on their profile.
Per minute billing options: ZAR (South African Rands)
ZAR1.00 = 1 credit
ZAR4.00, ZAR7.00, ZAR10.00, ZAR15.00, ZAR17.00, ZAR23.00 and ZAR25.00 per minute
Expert Membership Fee:
The Zumbudda Expert Membership Fee is calculated on a monthly, three monthly, six monthly and yearly rates. Experts can select a membership fee structure according to their desired requirements and Experts will be notified within ten (10) working days of membership renewal.
The Membership Fee is payable during registration approval before Experts can start using the Service. Expert membership will need to be maintained for the Expert account to remain active. Failure to pay or renew Membership fees will result in the Expert’s account being suspended. Suspended accounts will remain in the system for one (1) year; thereafter the account will be deactivated.
Zumbudda reserves the right to modify the Membership fees and Commission structure at any time without prior notice. However, Zumbudda will use reasonable efforts to notify the Expert in advance of any such change by posting them on our website, or by sending them to an email address that they have provided on their profile.
Disputes and reversals
In order to prevent financial loss to you or Zumbudda, we may place a delay on payment for a period of time or deactivate your account.
When sharing information, we may contact your financial institution or law enforcement and share details of any payments you are associated with if we believe that in doing so, we may prevent financial loss or a violation of the law.
We provide assistance at email@example.com to assist you in communicating with us to resolve a dispute arising from a payment transaction.
If you experience a technical failure or interruption of Service that causes the funding transaction to fail, your transaction may be completed at a later time. If there is a technical failure, or the transaction is prematurely disconnected, the full minute of billing will be transacted to the next nearest minute.
USER NAME AND PASSWORD
When you, the Expert, create and open an account with Zumbudda, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, user name or password of someone else at any time. You may not share your account with any other Expert. You will immediately notify Zumbudda of any unauthorized use of your password, user name, e-mail, or any other breach of security. Zumbudda encourages Experts to change their password at least once a month. Zumbudda will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Zumbudda will hold you liable and responsible for any losses incurred by Zumbudda due to someone else’s use of your account or password.
Zumbudda’s Services may contain links or other content related to web sites, products and/or services offered by third parties. Zumbudda has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Expert acknowledges and agrees that Zumbudda is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Experts warrants and agrees that Zumbudda will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Zumbudda encourages the Expert to, at a minimum, be aware when he or she leaves Zumbudda’s Services he/she reviews the privacy practices related to third party sites.
Zumbudda may include through its Services, advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Expert may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Expert acknowledges and agrees that Zumbudda is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Expert is wholly liable for all communications and transactions with advertisers.
MODIFICATIONS AND TERMINATION OF SERVICES
Zumbudda reserves the right to modify or discontinue, temporarily or permanently, any Service, with or without notice to its Experts. Experts agree that Zumbudda shall not be liable to Experts or to any third party for any modification or discontinuance of any Service offered by Zumbudda, or for any losses or damages that may result to Expert or any third party from such discontinuation or interruption of Service.
Zumbudda’s Services depend on various factors such as software, hardware and communications network and its contractors and suppliers. Zumbudda does not guarantee that Zumbudda’s Services will be uninterrupted or that it will be timely, secure or error-free.
Zumbudda, in its sole discretion and for any reason, may terminate an Expert’s participation in the Services and refuse any and all current or future use by Experts of Zumbudda’s Services.
Our IP rights:
Zumbudda Services contain copyrighted material, trade secrets and proprietary information owned by Zumbudda or its licensors. This Agreement does not grant to the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Zumbudda’s Services or any material or information appearing on the Zumbudda website or sub-sites or any Services offered by Zumbudda. The Expert may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Zumbudda or its licensors. Furthermore, the Expert may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership of Zumbudda’s Services.
The Expert may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Zumbudda or its licensors, or take any other action that infringes upon or impairs Zumbudda’s trademark or other intellectual property rights.
Zumbudda may, in appropriate circumstances and at its discretion, terminate the account or access of Experts who infringe the intellectual property rights of others.
This section shall survive expiration or termination of this Agreement.
Live Chat Technology
When an Expert uses Zumbudda’s Live Chat Technology, any attempt to duplicate, sell or misrepresent the use of this technology constitutes infringement of intellectual property rights.
Your IP rights:
Zumbudda respects the intellectual property of others, and we ask our Experts to do the same.
You own the intellectual rights to all the information you share on Zumbudda provided that you own the intellectual property rights to this information as stated in the Intellectual Property (“IP”) legislation of the Republic of South Africa and any other country you have registered this IP in. Zumbudda will not be liable for any infringement cases brought about by Experts or Users in any capacity when using Zumbudda’s Services.
If you believe that your commuications, transmitted files or other work has been copied in a way that constitutes copyright or another intellectual property right infringement, please report it to Zumbudda at: firstname.lastname@example.org .
LEGAL REQUIREMENT TO DISCLOSE
Zumbudda may disclose Expert information including personal information if Zumbudda reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Zumbudda’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of Membership fees by Experts), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Zumbudda. Any purported assignment without the prior written approval of Zumbudda will be null and void and of no force or effect.
By using the Zumbudda Services, the Expert agrees that Zumbudda may communicate with you electronically, any important information regarding Services in relation to your transactions on your account. We may also provide notices to you by posting them on our website, or by sending them to an email address that you have provided on your profile.
Website and email notices shall be considered received by you within 24 hours of the time posted or sent.
All notices to us related to Transactions can be sent to:
Postal: P.O. Box 95