ACCEPTANCE OF TERMS
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.
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:
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:
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 firstname.lastname@example.org 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.
Note that there are statutory reporting duties (to social workers or the SA Police Service) in relation to suspected abuse or neglect of children.
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.
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.
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.
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.
USERS OUTSIDE OF SOUTH AFRICA
In order to provide Zumbudda as a global Service, we respect local laws and provide the following guidelines:
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.