User Agreement

User Agreement

This Agreement applies to all Users who access and/or use Zumbudda websites or sub-sites (“Services”).

The Services are owned and operated by Zumbudda (Pty) Ltd (“Zumbudda”), registered in- and operating from South Africa.

In addition, these Services or a portion thereof may also be made available via third party websites. If you have accessed any of 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 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 a User.

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 any reason justifiable in law. Any material changes to this Agreement will be communicated to Users in a way that is most commercially reasonable however; Users are encouraged to check the User Agreement frequently. When using this Service after any modifications are made to the User Agreement, the User agrees to be bound to such a modified Agreement.

When using the Zumbudda’s Services, you agree that you are at least eighteen (18) years of age and are legally able to enter into and agree to the Terms of Use of a contract.

This Agreement contains the Terms of Use as a User.

When you click “Yes” to the Terms of Use and the User Agreement, you will be entering an Agreement with Zumbudda (Pty) Ltd. If you do not click on the Terms of Use and User Agreement, you will not be able to register as a User on Zumbudda’s Services and cannot use any of its services, sites or sub-sites.

By registering as a User and agreeing to the Terms of Use of this Agreement, you are also agreeing to Zumbudda’s Privacy, Billing and Intellectual Property Policy which is incorporated in this Agreement by reference.

The Service

Zumbudda is an online Live Chat Service connecting Users with Experts who seek advice or services directly at 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 User under the User’s account as set out in Zumbudda’s Payment Terms.

The User acknowledges and agrees that Experts are neither employees nor agents nor representatives of Zumbudda, and Zumbudda assumes no responsibility for any act or omission of any such Expert.

Zumbudda makes no representation or warranty in relation to the –

  • Availability of an Expert through Zumbudda’s Services, or the frequency or duration of such availability;
  • Accuracy of content and intellectual property claims in terms of content;
  • Willingness and/or ability of any Expert to provide advice;
  • Responsiveness of Experts or other Users to Users question/s;
  • Skills, degrees, qualifications, credentials or experience of Experts. It strongly recommends that Users independently verify skills, degrees, qualifications, credentials or experience of each Export to whom they engage in Services.

Information furnished by Experts is intended for general information purposes or entertainment purposes only. Any consultation with an Expert via Zumbudda’s Services cannot and does not replace a meeting and/or consultation with a professional. Users are encouraged to verify the information furnished by Experts. Any reliance on such information is done at sole risk and liability.

Zumbudda does not enter into any correspondence on the level or quality of services rendered by an Expert, and will not be held liable for any dissatisfaction expressed in this regard.

Additional Terms Related To Interactions With Health Care Professionals, legal professionals And Other Experts In Fields Requiring professional qualifications and/or Licensure And/or Certification.

This section contains terms that are in addition to any other terms appearing in this Agreement.

If a User chooses to interact on or through Zumbudda’s Services with any professional in a field requiring specific qualifications and/or licensure and/or certification, the relationship (as with all other Experts) is strictly with the Expert. Zumbudda is not involved in any way with the substance of that relationship or the advice or information given therein, and Zumbudda does not validate the information or advice provided to you by such Expert. It should be noted that professional and/or statutory limitations may apply to these services, and the Expert remains individually responsible to- and liable under, such professional rules and regulations.

Zumbudda cannot warrant that a professional is in fact the professional s/he claims to be.

Any advice or information provided by a professional is provided for informational purposes only and cannot be considered a substitute for requirements set on such a professional, such as those healthcare professionals should undertake a face-to-face examination of the User. Users should not rely on or make health-, legal or other professional decisions based solely on the interaction with the Expert. Zumbudda strongly recommends that anyone seeking any professional advice confirm and/or continue such advice in face-to-face or other professional settings.

Zumbudda does not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to any communication, interaction and/or advice. The User understands that it is his or her responsibility to check the qualifications, certification and/or licensing of the Expert.

The User understands and agrees that, although a professional may have been accessed through Zumbudda’s Services, Zumbudda cannot predict or assess the competence of, or appropriateness for User’s needs of the professional. The User also acknowledges and agrees that the User takes full responsibility for the decision to access or continue to access a professional or another Expert through Zumbudda. The User recognises and agrees that the role of Zumbudda is strictly limited to providing access to such professionals and other Experts for the User’s consideration.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE CONTACT YOUR NEAREST HEALTHCARE FACILITY OR A HELPLINE.

Additional Terms Related To Interactions With Experts In The Spirituality, Sport and Entertainment-Related Fields

This section contains terms that are in addition to any other terms appearing in this Agreement.

If a User chooses to interact with any Expert in the Spirituality, Sport and Entertainment-related fields, the relationship (as with all other Experts) is strictly with the Expert. Any opinion, response, advice, suggestion, prediction, information and/or other service provided by any such Expert is provided for entertainment and/or suggestive purposes only.

Member Agreement, Conduct and Use

By submitting the User registration form, you, the User, represent, warrant and agree to the following:

  • You are at least Eighteen (18) years of age and that you are authorised to submit a User registration and that the registration is made in your own name and not on behalf of any other person or entity.
  • The information you provide in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement.
  • You are solely and fully liable for all communications, conduct, postings and transmissions that are made under your Username and Password and all actions taken by yourself or on your advice by others pursuant to any interaction on Zumbudda.
  • All interactions between you and an Expert will be billed through the Zumbudda’s Services. You agree to abide by the pricing terms agreed upon with an Expert and to pay to Zumbudda all fees for services rendered to you by Experts.
  • You will not take any actions that may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on any of Zumbudda’s Services. Currently only ratings for paid sessions of ten South African rand (ZAR10.00) and more will count towards the Expert’s public ratings and rating average. Zumbudda may change the above-mentioned minimum session fee for ratings at any time and without warning, and even remove old ratings posted for paid sessions with a fee lower than any newly set minimum fee. Zumbudda also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the User feedback system.
  • You will not interfere with or disrupt, or attempt to interfere with or disrupt, any Zumbudda servers, networks or equipment connected to a Zumbudda’s Services.
  • You will not attempt to gain unauthorised access to any other computer system or network connected to Zumbudda’s Services.
  • You will not transmit, upload, email, post or otherwise make available through the Service: (A) any “junk mail”, “spam”, or any other types of unsolicited email; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
  • You will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Zumbudda.
  • You will not violate any applicable law, ethical code, this Agreement or Zumbudda’s policies when using, or following on, interactions on Zumbudda.
  • You will not transmit, upload, email, post or otherwise make available:

(a) any information or material that infringes upon a third party right, especially intellectual property rights;

(b) any third party advertisements, including banner exchange services;

(c) any software viruses, Trojan horses, worms or any other malicious application or code; or

(d) any information or material which may constitute or encourage conduct that is a criminal offence or civil wrong or otherwise violates any applicable law.

  • Zumbudda may enable the transfer of files between Users and Experts. When opening such file attachments received from Experts it is the User’s responsibility to scan them with an anti-virus software application prior to opening them.
  • You will not impersonate any person or entity, or make any false statement regarding another person’s employment, agency or affiliation with any person or entity.
  • You will not stalk, threaten or harass any Expert or infringe upon or attempt to infringe upon their privacy.
  • Zumbudda may elect, but is not required, to review the User’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 User and/or remove any content violating this Agreement. The User 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.

User Name and Password

When you, the User, 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. You will immediately notify Zumbudda of any unauthorized use of your password, user name, e-mail, or any other breach of security. Zumbudda encourages Users 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.

Payment Terms:

You may only use Zumbudda payments to fund a transaction for a legitimate, bona fide purchase of a Service. You may not use Zumbudda to fund a transaction not in conjunction with a Zumbudda Service or in contravention of financial or criminal legislation.

Funding: When purchasing credits for Zumbudda’s Services, you agree to provide a valid funding instrument to load into your electronic account. Once transfer is successful, credits will be deducted from your account upon successful completion of the transaction.

Pricing: Pricing is in accordance with per minute billing as stipulated by the individual Expert. Total price is fully inclusive of taxes but not inclusive of data transfer fees by external service providers i.e. internet and mobile services.

Payment methods:

Zumbudda will use a credible payment instrument to process all transactions (“fees”) with Experts.

Transactions will be processed, within reason, between the User and Zumbudda within seven (7) working days from the date of each transaction.

All transactions will be charged in South African Rands (ZAR) and processed in United States Dollars (USD).

When you fund a transaction, you authorise Zumbudda to charge the full amount to the payment instrument for the transaction. You also authorise Zumbudda to store the transaction, along with other related transaction information.

Zumbudda reserves the right to cancel a transaction which violates the Terms of Use and other Zumbudda policies if we believe it may prevent financial loss. Zumbudda may also cancel any value accumulated, transferred, assigned or sold as a result of fraudulent or illegal behaviour.

In order to prevent financial loss to you or Zumbudda, we may place a delay on payment for a period of time, limit a payment instrument or your ability to make a purchase or deactivate your account.

When sharing information, we may contact you funding instrument issuer 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.

If you leave a balance unused for a period of 6 months of inactivity on Zumbudda or if you delete an account and leave a balance or if we deactivate your account and you do not meet the conditions necessary to reinstate your account within six (6) months, we may process your balance in accordance with our legal obligations.

 

Fee Disputes and reversals

We provide assistance at info@zumbudda.guru to assist you in communicating with us to resolve a dispute arising from a payment transaction. We may intervene in disputes concerning payments that may arise between the Expert and the User but we have not obligation to do so.

If you enter into a transaction with an Expert 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.

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.

Warranty: Only Services provided by Zumbudda are subject to Payment Terms. All transactions outside of Zumbudda’s Services are not liable to any warranties expressed or implied.

Tax liability

It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify Zumbudda and not hold us liable for litigation or any claims arising out of your failure to do so.

Notices

By using this Service, you agree that we may communicate with you electronically, any important information regarding Zumbudda’s 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:

Email: info@zumbudda.guru 

Links and advertisements

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 User 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. Zumbudda encourages the User to, at a minimum, be aware when he or she leaves a website or sub-site and to review the privacy practices related to third party sites.

The User 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 Users. Users agree that Zumbudda shall not be liable to Users 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 User or any third party from such discontinuation or interruption of a Zumbudda 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 User’s participation in the Services and refuse any and all current or future use by Users of Zumbudda’s Services.

Upon termination or discontinuation of Zumbudda’s Services or any aspects of its services, all affected communications and personal information stored by Zumbudda will be permanently deleted.

Intellectual Property

Zumbudda’s Services contain copyrighted material, trade secrets and proprietary information owned by Zumbudda and/or its licensors. This Agreement does not grant to the User 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 the Zumbudda Services or any material or information appearing on the Zumbudda website or sub-sites or any Services offered by Zumbudda. The User 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 User may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership through Zumbudda’s Services.

Trademarks

Users 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 are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the name Zumbudda and on the Zumbudda website and sub-sites and in any software, application, graphics, text and other materials used therein, including the organisation and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Zumbudda shall retain all ownership rights in and to all content displayed on the Zumbudda website and sub-sites, including copies of data transferred or received by Users through the Zumbudda website and sub-sites. This section shall survive expiration or termination of this Agreement.

Zumbudda respects the intellectual property of others, and we ask our Users to do the same.

Zumbudda may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please report it to Zumbudda at info@zumbudda.guru

You shall 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 stated in the Intellectual Property (“IP”) regulations 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.

Privacy

By registering as a User and agreeing to the terms and conditions of this Agreement, you are also agreeing to the terms of Zumbudda’s Privacy Policy.

Legal Requirement to Disclose

Zumbudda may disclose User 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 law, (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 fees by Users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).

Disclaimer of Warranty

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. No guarantees are provided as to the value or validity of any rating of an 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.

THE USER ACKNOWLEDGES AND AGREES THAT ZUMBUDDA’S SERVICES ARE PROVIDED “AS IS” AND SUBJECT TO THE TERMS OUTLINED ABOVE. RELIANCE ON AND ANY ACTIONS TAKEN PURSUANT TO THE INTERACTION WITH AN EXPERT IS UNDERTAKEN SOLELY AT THE RISK OF THE USER, AND ZUMBUDDA MAKES NOT WARRANTIES OR CLAIMS IN RELATUON TO SUCH SERVICES AND INTERAACTIONS.

THEREFORE THE USER 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 OR ANY EXPERT. THE USE OF A SERVICE IS AT THE USERS’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.

Limitation of Liability

Users hereby release and agree to hold harmless Zumbudda and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any health care professional, attorney, or any other Expert in a field requiring licensure and/or certification, who may be accessed through the Zumbudda’s Services.

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT ZUMBUDDA, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY USERS OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE).

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 five South African Rand ( ZAR5). This section (limitation of liability) shall survive termination or expiration of this Agreement.

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.

In the event of a dispute regarding any Transaction conducted via Zumbudda’s Services, the User 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 User may have against one or more of the above.

Notice

Zumbudda may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of Zumbudda’s Services, by email to the email address that we have on record, by regular mail or by posting on the Zumbudda website or sub-sites. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Zumbudda must be delivered via express delivery or regular mail to:

Zumbudda (Pty) Ltd

PO Box 95

Cramerview

Sandton

2060

South Africa

No Assignment

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.

Last Updated: 23 July 2014