Terms of service

TERMS OF SERVICE

INTRODUCTION

Please read the following Terms of Service (“Agreement”/”Terms”) carefully before utilising the Platform as it regulates all purchases. Your use of the Platform indicates that You (the “User”) have understood and agree to be bound by the terms of this Agreement. The Zettuu Privacy Policy (insert link for Privacy ) is incorporated by reference into this Agreement and is subject to this Agreement. We may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Platform shall be governed by such amended terms and conditions.

If You do not agree to the terms of this Agreement, please do not use the Platform. If You wish to register as a User to make use of the Platform, You must read these Terms and indicate Your acceptance during the registration process. Note, however, that these Terms apply to Your access to and use of the Platform once You register an account as a User or a Guest.

This Agreement was last revised on 05 November 2020.  

You are advised to regularly check the Website www.zettu.com for any amendments or updates.

Enquiries: ­­­­­­­­­­­­­­­­­­­­­info@zettuu.com

  1. DEFINITIONS

In this Policy the following definitions apply:

1.1.         “Agreement” shall mean this agreement together with any schedules or amendments made from time to time in accordance with the provisions of this Agreement;

1.2.         “Applicable Data Protection Laws” shall mean all legislation or regulations protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the processing of personal information;

1.3.         “Data Subject” shall mean any natural person in respect of whom the personal information relates;

1.4.         “Guest” shall mean a shopper who does not register an account with Zettuu;

1.5.         “Member” shall mean a shopper who has registered and activated an account with Zettuu;

1.6.          “Partner/s” shall refer to the entrepreneur companies (and its authorised representative/s) who use the Platform to display products for sale. The authorised representative/s of Partners are Users on the Platform;

1.7.         “Personal Information” shall mean any information relating to an identified or identifiable natural or juristic person (‘data subject’); an identifiable natural or juristic person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • “Post” shall mean the act of uploading, displaying, publishing, performing, distributing, transmitting, relaying or otherwise sharing User Content on the Platform;
  • “Third-Party” shall mean any other natural or juristic person that is not Guests, Members, Partners or Ourselves;
  • “User/s” shall collectively refer to Guests, Members, Partners and Third-Parties who register and make use of Zettuu;
  • “User Content” shall refer to all electronic information Posted or created on Zettuu, by one or more Users. For the purposes of this Agreement, User Content includes, but shall not limited to: data; text; messages, electronic files; images, videos, sounds, music, voice chats, or a combination thereof. User Content shall also include the content of a Third-Party.
  • “VAT” shall mean value added taxes as required by South African law but refers to the equivalent or similar tax in the relevant local country of a Guest or Member; and
  • “Zettuu” means Zettuu the e-commerce platform that showcases and sells African entrepreneurs’ unique products and services to a wider market. The Platform is owned and managed by Zettuu (Pty) Ltd (“Us, Our, Ourselves, We”)
  1. CREATION AND REGISTRATION OF USER ACCOUNTS

2.1.         Guest or Member Account: You have the option to use the Platform as a Guest who shops but does not register an account with us or you can create an account and become a Member. You only create an account at the time of check out. Should You create an account with Us You will receive an activation email from Zettuu upon registering Your account in order to activate Your account. You are responsible for providing registration information in the online form that is true, accurate, current and complete at all times. Information found to be false and misleading may result in the suspension or termination of Your account and a refusal for all current and future Use of Zettuu.

2.2.         By registering on Zettuu, You, as a User, agree to refrain from the following:

  1. selecting or using a name or e-mail address of another person or company with the intent to impersonate that person or company;
  2. using a name or e-mail address subject to the rights of any person without authorisation;
  3. using a name in violation of the intellectual property rights of any person or company;
  4. using a name that We, in Our sole discretion, deem inappropriate or offensive.

2.3.         You undertake not to disclose Your login credentials to any Third-Party so as to ensure the security of the account. Security of the account is Your responsibility and We disclaim all liability with regard thereto. You are responsible for all activities (whether by Yourself or by others) that occur under the account. We may require You to change the login credentials at various times and You agree that You will comply with such requests. You will notify Us immediately of any unauthorised use of the account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorised use of Your password or account by any other party.

2.4.         In the event of the security of Your account being compromised, We reserve the right to suspend the processing of any communications and will immediately deactivate Your login credentials. You shall refrain from using Zettuu until communications are received from Us.

2.5.         Technical support regarding the use of Zettuu is only available to registered Users. You can contact us __________________.

2.6.         Service Usage: In order to use the Services, You need to provide Us with a valid email address and for Services that require registration, a name associated with Your account that you can choose to represent Your identity on Zettuu. You need to provide this information to enable Us to provide you with the Services. Additional information, such as billing and payment information (including billing contact name, address, telephone number, business bank information), a telephone number, and/or a physical postal address, will be necessary in order for Us to provide a particular service. You are required to provide Us with this information to sign up, in order to provide Zettuu services.      

2.7.         Profile: If there are any changes in the information you have provided Us with, please ensure that you contact Us to update Your profile.

2.8.         If You are a minor - under the age of eighteen years old (18) – Your eligibility to be registered as a User will be dependent on whether Your parent, guardian or other Competent Person has consented to Your registration, use of Zettuu, the terms of this Agreement. Accordingly, by accepting the terms of this Agreement, You hereby represent and warrant that You have obtained such consent.

  1. APPLICABLE RESTRICTIONS

3.1.         Access to and use of Zettuu is governed by the terms of this Agreement and all Additional Zettuu Terms. You may not use Zettuu for any purpose that is unlawful or prohibited by this Agreement. Any applicable additional or amended terms, or any other conditions or notices that apply will be made available on Zettuu and must be read in line with the terms of this Agreement.

3.2.         You may not use Zettuu for any purpose that is unlawful or prohibited by this Agreement . Any applicable additional or amended terms, or any other conditions or notices that apply will be made available on the Platform and must be read in line with the terms of this Agreement. By using or accessing Zettuu, You undertake to refrain from the following conduct:

  1. transmitting any worms, viruses, trojan horses, time bombs, crawlers, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of Zettuu and/or the Platform features, including by using any software, routine or device that will or may interfere with Zettuu, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature.
  2. intercepting any data or Personal Information of any User or Third-Party transmitted on or via Zettuu.
  3. uploading, posting, hosting, or transmitting unsolicited email or ‘spam’ messages.
  4. performing any action that may disable, override or impair the efficient and/or proper operation or working of Zettuu or any aspect thereof.
  5. posting content, taking or mobilising action using Zettuu in a way that infringes or violates any person’s rights or the laws of any jurisdiction.
  6. storing any content that is illegal on Zettuu.
  7. utilising Zettuu for any illegal or unauthorised purposes.
  8. violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
  9. Unauthorised use of Zettuu includes engaging personally or permitting a Third-Party to engage in the following activities:
  1. copying, adapting, modifying, publishing, republishing, distributing or redistributing this Zettuu or any material on Zettuu without Our prior written consent or that of the respective owner of said material;
  2. using any automated data collection, data mining or data gathering methods of any kind in relation to Zettuu;
  • reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of Zettuu;
  1. making and distributing copies of Zettuu or allowing such activity by Third Parties on Your behalf; and
  2. creating derivative works of Zettuu of any kind.

3.3.         Unauthorised use of Zettuu may result in Us instituting a claim for damages against You or seeking recourse under other civil and/or criminal laws of the Republic of South Africa. By using Zettuu in an unauthorised manner, may be found guilty of a statutory and/or criminal offence. Any act or omission which results in a failure to abide by the restrictions set out, as determined by Us in Our sole discretion, will result in the immediate termination of Your User account. We are not liable to You nor any Third-Party for any breach of Your obligations under this Agreement and for any consequences arising as a result of such breach, including any loss or damages which You or any Third-Party may suffer.

3.4.         Should You perform any of the abovementioned actions, Zettuu has the right to terminate Your use of the Platform. If You are dissatisfied with any portion of Zettuu Your sole and exclusive remedy is to discontinue use of the Zettuu Platform.

  1. ELECTRONIC SIGNATURE

4.1.         You agree to be bound by any affirmation, assent, communication or agreement that You transmit through Zettuu, including but not limited to: any consents You provide to Us:

a)    In order to use Zettuu or any part thereof; and/or

b)    In order to receive communications from Us solely through electronic transmission.

4.2.         You agree that, when in the future You click on “I agree,” “I Consent,” “Submit,” or other similarly worded “button” or entry field with Your mouse, keystroke or other computer device, Your agreement or consent will be legally binding, enforceable and is the legal equivalent of Your handwritten signature to conclude transactions on the Platform.

  1. ORDERS AND PAYMENT

5.1.         All payments can be made using credit cards, debit cards or electronic funds transfers.

5.2.         When You submit an order and Your payment is successful, You shall receive an email confirmation stating that Your purchase has been successful.

5.3.         In the event that Your order is unsuccessful due to issues of stock discrepancies, You shall receive an email stating that Your purchase was unsuccessful. You shall have the option to request a refund or to wait for the delivery of the product once stock is available.

5.4.          If  You submit an order on this Platform, and there is no stock of products, Zettuu will notify You and You will not be able to make the purchase and checkout..

5.5.         Additionally, if Your order is interrupted following payment, Zettuu will reimburse You for the full amount paid. Please note that all discounted items are reflected at their sale price.

5.6.         In the event that Your order is delayed, You shall receive an email stating that Your order is delayed and We shall give You an estimated delivery date.   

5.7.         Zettuu specifically reserves the right to revise or cease to make available any of its products at any time.

  1. PROCESSING PAYMENTS

6.1.              The third-party payment service providers on Zettuu  cater for various payment methods. Please note that all financial information remains with the payment service providers and Zettuu does not retain any financial information on the Platform.

  1. DELIVERY

 7.1.         Zettuu uses its logistics partner, which is partnered with various courier companies to deliver the product to You.

7.2.         Charges for delivery will be listed when You purchase the product from this Platform. You are responsible for all related taxes.

7.3.         The estimated time of the arrival of Your product should be considered as an estimate only. For bespoke products we will notify You of the estimated delivery date at the point of purchase.   

  1. GIFT CARDS AND PROMOTIONAL COUPONS

8.1.         There are three types of Promotional tools available for use on the Platform: a

  1. Gift cards entitles the holder to make a purchase up to a maximum stipulated value  
  2. Percentage Promotional Coupons entitles the holder a percentage discount off the sale price e.g. 10% off the sale price; and
  3. Fixed Promotional Coupon entitles the holder a fixed amount as a discount off the sale price, e.g. R100 off the sale price.

8.2.         You may use any of the above to make a purchase on the Platform or use towards a purchase.

9.        RETURNS POLICY

9.1.         If any of the products do not meet Your expectations, We want to know. As such, please click on the returns link on Your order confirmation email to log a return. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms).

  1. COMMUNICATIONS

10.1.      On occasion, Zettuu may need to contact you. Primarily, these messages are delivered by email, (Zettuu Messages), or by push notifications for a variety of reasons, including marketing, transactions, and service update purposes.

10.2.      We do have a newsletter that we send to our community. We rely on consent for targeted online and offline marketing. Should you no longer wish to receive our emails, please update Your preferences at MY ACCOUNT.

  1. SUSPENSION OF ACCESS TO ZETTUU AND TERMINATION OF USER ACCOUNTS

11.1.      Your use and enjoyment of the Platform is subject to compliance with the terms of this Agreement. Your rights with regard to accessing this Platform may be terminated or restricted at any time at the sole discretion of Zettuu. Zettuu is not required to give You advance notice or explanation for the termination, which may be temporarily or permanent. This termination shall be in addition to any other rights that Zettuu may choose to enforce.

  1. PROTECTION OF PERSONAL INFORMATION

12.1.      Your privacy is important to us and the use of this Platform is subject to the Zettuu Privacy Policy. By accessing this Platform, You agree that You have read and consented to the Privacy Policy. Your election to use Zettuu indicates Your acceptance of the terms of Our Privacy Policy. The manner in which We process (collect, use, store, analyse, share) Your Personal Information is described in the Privacy Policy which can be found at this :______________________.

12.2.      You are responsible for maintaining the confidentiality of Your username, password and other sensitive information, as well as the Personal Information of any Third-Parties that you may upload and/or Post. By uploading the Personal Information of Third-Parties onto the Platform, You warrant that you are legally entitled to do so.

  1. INTELLECTUAL PROPERTY

13.1.      Zettuu and all the materials contained therein (including but not limited to: computer or software code, scripts, design elements, images, text, drawings, interactive features, graphics, music, sound and voice), are the Intellectual Property of Zettuu and/or its respective owners and are protected by the national and international intellectual property laws applicable to them. Ownership of all such Intellectual Property remains with Zettuu and/or its owner/s. There is no transfer of Intellectual Property and You are not authorised to use any such Intellectual Property without prior written consent from Us, or in accordance with a license duly granted to You.

13.2.      Your Use of Zettuu must respect Our Intellectual Property, and the Intellectual Property of other Third-Parties, strictly in accordance with the terms of this Agreement and any other applicable terms of relevant Third-Parties. We reserve the right, at any time and without notice, to suspend, cancel, or terminate Your right/s to use Zettuu in the event of a breach of the terms set out or a violation (whether repeated or not) of any Intellectual Property rights belonging to Us or another owner

13.3.      Any unauthorised modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by e-mail or other electronic means) any Intellectual Property in and Zettuu, without prior written consent from Ourselves or the owner of such Intellectual Property, constitutes a breach of intellectual property. In such cases, We furthermore reserve all of Our rights in law to pursue criminal and/or civil action against You.

13.4.      You indemnify and hold Us harmless for any and all intellectual property infringement claims that may arise for any activity that occurs under Your account, or that occurs jointly under Your account and that of one or more other Users. You will be solely responsible for any and all damages resulting from any infringements of copyrights, proprietary rights or any other harm arising from Your use of Zettuu. If You believe that any of Your intellectual property rights have been infringed, please send an email to: info@zettuu.com.

13.5.      Zettu strives to respond quickly when We receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Zettuu removes or disables access in response to a notice, Zettuu makes a reasonable attempt to contact the affected Member, provide information about the notice and removal. Zettuu may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected Member.

13.6.      Zettuu may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Zettuu may reject notices or counter notices that contain information We believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Zettuu also reserves the right to take action against abusers of this policy.

13.7.      Zettuu can terminate buying privileges of Members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Zettuu’s discretion. Zettuu reserves the right to suspend purchasing privileges at any time, for any reason, and without advance notice while We investigate and move towards termination.

  1. ANALYTICS

14.1.      We may, from time to time, collect, use and publish information relating to Your use of Zettuu. We may process Analytics for the purpose of providing, improving and publicising Zettuu,. 

  1. DISCLAIMER OF WARRANTIES

15.1.      You expressly agree that use of Zettuu is at Your sole risk. You understand and agree that any User Content and/or Personal Information Posted, downloaded or otherwise obtained, through the use of Zettuu, is done at Your own risk and discretion. Accordingly, You will be solely responsible for any damage to Your computer hardware, computer software, services or loss of data that results from the download of information from Zettuu.

15.2.      Zettuu is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.

15.3.      We make no warranty that Zettuu will meet Your requirements or that Zettuu will be available and uninterrupted. We do not make any warranties as to the results that may be obtained from the use of Zettuu or its any of its features (including Custom Zettuu Features), nor do we make any warranties as to the accuracy of the information and the reliability of the information Posted and made available on Zettuu. We do not warrant that defects on Zettuu will be corrected.

  1. LIMITATION OF LIABILITY

16.1.      WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

16.2.      You hereby waive all warranties, guarantees or liabilities, arising from law or otherwise. In no event shall Zettuu, its officers, or employees be liable to you for any damages, however caused, including but not limited to direct, indirect, special, consequential, incidental, punitive or otherwise. Zettuu, its officers, and employees shall not be liable for business interruption, any computer related damage or loss of data. Zettuu hereby excludes all liability with respect to the transmission of viruses or bugs. Zettuu’s maximum liability shall in no event exceed the amount paid by the purchaser for the product. This limitation is an essential element of the agreement between Zettuu and its Users. Zettuu shall not be liable for:

  1. Any losses arising out of, or caused by:
  2. Your use of, or inability to use Zettuu;
  3. The suspension (whether temporary or permanent) of access to Your account on the Platform in accordance with the above clause of Suspension Of Access and User Accounts or
  • Cyber-attacks, cyber-ransoms or other unlawful cyber conduct, whether caused by a User of the Platform or by a Third-Party.
  1. any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by You, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, contract or delict (wholly or partly) attributable to Zettuu or other Third-Parties (including any of their employees, directors, officers, agents, representatives or affiliated companies).
  1. DISCLAIMER AND INDEMNITIES

17.1.      TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS PLATFORM IS AT YOUR OWN RISK, AND AFRICA REIMAGINE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE PLATFORM AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS PLATFORM IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS PLATFORM MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, AFRICA REIMAGINE DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS PLATFORM, YOU DO SO AT YOUR OWN RISK.

17.2.      You agree to defend, indemnify and hold Us, Our officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses, liabilities or expenses including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; including all legal fees, on an attorney and own client scale, resulting from:

  1. Your misuse of Zettuu;
  2. infringement of the Intellectual Property belonging to any Third-Party;
  3. failure to ensure the security of Your account; and/or
  4. violation of any of the terms of this Agreement.
  1. LINKS TO OTHER WEBSITES

18.1.      Our provision of a link to any other website or location (apart from the domain of the Platform and its subdomains) is for Your convenience and does not signify Our endorsement of such other sites or location or the contents therein. You agree that We shall have no control over such website/s or the contents thereof. We do not review, and cannot be responsible for, these outside sites or their content. You agree that We shall have no responsibility or bear no liability in relation to the content of the linked website/s. We encourage You to review the terms of use and privacy policies for any such Third-Party links You visit on those websites. You may not create a link to the Platform from another website without Our prior written consent.

18.2.      Third-party plug-ins also may collect information about Your personal information on the platform. These interactions are subject to the privacy policy of the Third-Party site. In addition, certain cookies and other similar technologies on the platform are used by third parties for targeted online marketing and other purposes. Zettuu chooses and manages these Third-Party technologies placed on its platform. However, these are Third-Party technologies, and they are subject to that Third-Party's privacy policy.

18.3.      You may not create a link to Zettuu from another website without Our prior written consent.

  1. DOMICILIUM, ARBITRATION AND JURISDICTION

19.1.            The domain name of Zettuu has been registered with Focal Point Computer Consultants CC. Accordingly, all domain name disputes shall be governed by _________________, in accordance with the __________________________________________________________________.

19.2.            Notwithstanding any other provision of this Agreement, Zettuu is controlled and operated from South Africa and therefore this Agreement and any disputes arising therefrom shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.

19.3.            Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, first be referred to confidential arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa (AFSA) and such arbitration shall be conducted in English.

19.4.            In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.

19.5.            Zettuu confirms its domicilium citandi et executandi for all purposes associated with Zettuu, including the giving of any notice, the payment of any sum and the serving of any process, as follows:

Zettuu (Pty) Ltd                     

Physical Address:  Silky Oak House, Ballyoaks Office Park,

35 Ballyclare Drive, Bryanston, Johannesburg,

2191

  1. SEVERABILITY

This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

  1. VARIATIONS TO THIS AGREEMENT

Zettuu may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to Zettuu shall be governed by such amended terms and conditions.

This Terms of Service was last updated on 05 November 2020