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Terms of Use

Terms of Use

Terms of Use for Zumbudda (Pty) Ltd (“Zumbudda”)

ACCEPTANCE OF TERMS

All uses of the Zumbudda website, technology and the services offered are subject to the following Terms of Use (“ToU”). This ToU incorporate acceptance of all policies referred to in it.

Zumbudda reserves the right to update the ToU at any time without notice. The most current version of the ToU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages and in addition, are alternatively available on request from our help desk at support@zumbudda.guru. Any changes to the ToU will be effective immediately upon posting on the Zumbudda website and/or sub-sites and you agree to the ToU by continuing the use of Zumbudda’s Services as defined below.

DESCRIPTION OF SERVICES

As our customer, Zumbudda provides you with access to Live Chat Technology and Zumbudda’s Services (“Services”). All these Services are subject to the ToU, as revised from time to time.

REGISTRATION

You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for any and all activities that occur under your account.

NO UNLAWFUL OR PROHIBITED USE

As a condition of using the Services, you shall not use Zumbudda’s Services for any purpose that is unlawful or prohibited by the Agreement or this ToU or that could create liability for Zumbudda.

Zumbudda will endeavour to make the use of this Service safe by we cannot guarantee it. You can help by adhering to the following commitments:

  • You will not collect Expert or Users’ content without prior permission and without the necessary consent from an Expert or User in your private or any business capacity.
  • You will not use Zumbudda’s Services in any manner that could damage, disable, overburden, or impair any Zumbudda server, or the network(s) connected to any Zumbudda server, or interfere with any other party’s use and enjoyment of any Services.
  • You will not attempt to gain unauthorized access to any accounts, computer systems or networks connected to any Zumbudda server or to any of the Services nor collect Expert or Users’ content through hacking, password mining or any other means.
  • You will not operate robots or spiders to scan Zumbudda’s databases or web pages. You will not use “deep linking” to Zumbudda’s web pages.
  • You will not upload viruses or other malicious code.
  • You will not violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party, including that of any Expert or any User.
  • You will not reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of Zumbudda’s systems.
  • You will not solicit login information or access an account belonging to another person.
  • You will not post unauthorised commercial communications and will not use the posting services to promote any political or similar cause.
  • You will not engage in any unlawful multi-level marketing contests, pyramid schemes, chain letters, junk email or spamming
  • You will not defame, bully, intimidate, abuse, harass, stalk or threaten any Expert or User.
  • You will not send or otherwise make available any hate speech, threatening or pornographic content, pornographic content that violates the rights of children, content which incites violence or uses inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topics, names, material or information.
  • You will not impersonate any person or entity or make any false statements on behalf of any person or entity.
  • You will not use any material or information, including images or photographs, which are made available through Zumbudda’s Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • You will not facilitate or encourage any violations of this ToU or any other Policy published as part of the Zumbudda Site.

 

REGISTRATION AND ACCOUNT SECURITY

Zumbudda uses real names and profile information. This ensures that both Experts and Users utilise this Service in a responsible manner as well as providing the maximum benefits of this service.

Here are some commitments you make to us relating to registering and maintaining a secure account:

  • You will not provide any false information when signing up for Zumbudda Services.
  • You will not create an account for anyone other than yourself.
  • You will not share your password with anyone else or do anything to jeopardise the security of your account.
  • If we disable your account, you will not create another without our permission.
  • You will not use Zumbudda if you are under Eighteen (18) years of age.
  • Where applicable, Experts will provide a profile photograph which is no older than (six) 6 years and accurately depicts the account holder. Zumbudda reserves the right to reject photographs which are of low quality and do not depict a clear view of facial features.
  • You will not use Zumbudda in contravention of any condition placed on you by any court of law, or by conditions of parole or any register.
  • You will not use Zumbudda to commit any fraudulent act, any corruption, and any money-laundering or any unlawful activity.
  • You will keep your profile information accurate and up-to-date.

MONITORING OF THE SERVICE

Zumbudda has no obligation to monitor these Services. However, Zumbudda reserves the right to review materials sent through the Services and to remove any materials in its sole discretion.

Zumbudda does not control or endorse the content, messages or information found in any Services and therefore, Zumbudda specifically disclaims any liability with regard to such content, messages or information.

However, in order to ensure that Zumbudda provides a safe environment for Experts and Users, Zumbudda may limit, suspend or terminate the Services accounts, delay or remove content, or use other technical and legal measures to stop anyone from causing harm or to take preventative steps to, where it is able to do so, prevent harm through the application of this ToU.

Zumbudda takes no legal or other responsibility for the advice or support provider by Experts, the postings of Experts and/or Users.

REPORTING OF ABUSE

If you become aware of any violation of the ToU, or any action that could constitute the use of the Zumbudda services for criminal or unauthorised purposes, you have to report this to us at info@zumbudda.guru without delay. Zumbudda may not in all cases be able to take the action expected by the reporteur, but will always act in good faith and in accordance with South African law.

If you abuse the Zumbudda Services, or violate any of the terms of use, your account may be suspended and you may be blocked from all future use of the services.

Note that there are statutory reporting duties (to social workers or the SA Police Service) in relation to suspected abuse or neglect of children.

INTELLECTUAL PROPERTY

Zumbudda are the sole owners of all the intellectual property and in particular the copyright, trademarks, trade secrets, data, database, software and patents. Zumbudda shall retain all ownership in and to Services and, subject to the Agreement, all data transferred or received through the Services.

You will not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of Zumbudda or take any other action which infringes or impairs Zumbudda’s trademark rights.

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 recognised by, or registered under, South African law. Zumbudda will, however, not be liable for any infringement cases brought about by Experts or Users in any capacity when using Zumbudda’s Services and does not accept any liability for the violation or unauthorised use of any IP rights that may be at stake during Expert – User interactions or when information is posted on Zumbudda forums.

CHILDREN

We discourage any use of Zumbudda’s Services by minors and have a strict over eighteen (18 years) of age policy. We encourage parents and caregivers to teach children about safe internet practices.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Storage of data will be subject to guidelines as prescribed by the South Africam Protection of Personal Information (POPI) Act of 2013 and the constitutional right to privacy and confidentiality.

Your privacy is very important to us. We have designed our Privacy Policy so that you can see how we collect and store your data in terms of the Services that govern our relationship with Experts, Users and others who interact with Zumbudda.

We encourage you to read the Privacy Policy in order to understand how you can use Zumbudda’s Services effectively and make informed decisions about the information you disclose on this Service.

PAYMENTS

If you do a transaction on Zumbudda or use credits, you agree to our Payment Terms. Please see User and Expert Agreements for further information.

Payment with stolen, unlawfully obtained or unauthorised means could lead to criminal prosecution and blacklisting, and Zumbudda will cooperate with all law enforcement agencies in such cases.

MOBILE AND OTHER DEVICES

We currently provide mobile and other device enabled services for free but be aware that your mobile/internet service provider’s normal rates and fees will still apply.

If you change or deactivate your mobile telephone number, you will be required to update your profile accordingly within 48 hours to ensure your messages are not sent to the person who acquires your old number.

TERMINATION

If you violate the ToU or policies of Zumbudda, and/or if you risk possible legal exposure for us, we will be compelled to stop providing some or all Services to you. We will send you by email or when you attempt to next access your account with notice of termination.

You may also delete or disable your account at any time, subject to the provisions of our Privacy Policy.

USERS OUTSIDE OF SOUTH AFRICA

In order to provide Zumbudda as a global Service, we respect local laws and provide the following guidelines:

  • You will consent to having your personal data transferred and processed on servers inside South Africa.
  • You understand that all activities on Zumbudda are subject to South African law, and you agree to the jurisdiction of the South African courts and law enforcement agencies when using Zumbudda.

DISCLAIMER OF WARRANTIES:

INSOFAR AS IS PERMITTED UNDER THE SOUTH AFRICAN CONSUMER PROTECTION ACT, YOU AGREE THAT ZUMBUDDA HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SERVICES AND THAT THE SERVICES ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. ZUMBUDDA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM ERROR OR MISCOMMUNICATION, HACKING OR MALWARE, ANY WARRANTIES IN RELATION TO THE TIMING AND DURATION OF SERVICES, QUALITY OF EXPERTS OR VETTING OF USERS, SAFETY OF USE, ABSOLUTE SECURITY OF INFORMATION, INCLUDING PERSONAL INFORMATION, ABSENCE OF ABUSE OR UNLAWFUL ACTIVITY.AND ANY OTHER WARRANTY THAT MAY BE DEEMED TO HAVE BEEN IMPLIED BY ZUMBUDDA AND/OR BY ITS SERVICES.

LIMIT OF LIABILITY:

SUBJECT TO THE PROVISIONS OF THE SOUTH AFRICAN CONSUMER PROTECTION ACT, IN NO EVENT WILL ZUMBUDDA BE LIABLE TO YOU FOR ANY LOSS OR HARM THAT MAY RESULT FROM THE USE, ACTING ON THE ADVICE OF EXPERTS AND.OR USERS, ANY INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ZUMBUDDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH HARM OR DAMAGES.

YOU WILL NOT HOLD ZUMBUDDA LIABLE SHOULD ANY OF THESE AFOREMENTIONED SITUATIONS ARISE, OR BE DEEMED TO HAVE ARISEN, YOU FURTHERMORE INDEMNIFY ZUMBUDDA AGAINST ANY OR ALL SUCH ACTIONS.

Last Updated: 23 July 2014