1. Terms of Use
1.1 This website is operated by ZIMMIDAS Online. These Terms and Conditions shall apply to everyone who visits this website and you can use this website if you agree to and accept these Terms and Conditions without limitation or reservation.
1.2 Please read these Terms carefully before you use this website because by using this website you accept these Terms and Conditions and agree to comply with them.
2. Introduction
2.1 These terms govern your use of www.zimmidas.co.zw(hereinafter referred to as “The Site”) and your purchase of products from the Site.
2.2 By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions and with ZIMMIDAS Online in relation to your use of the Site.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement which is effective upon acceptance.
2.3 You should further read this User Agreement and the Privacy Policy and access and read all further linked information
referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of the site. Such linked information including but not limited to Terms and Conditions on individual store pages is hereby incorporated by reference to this User Agreement.
3. Ordering
3.1 When buying an item, you hereby agree that:-
· You are responsible for reading the full item listing before making a commitment to buy;
· you have read and agreed to be bound by the particular terms and conditions of sale applying to that item;
· you enter into a legally binding contract to purchase an item when you commit to buy an item;
· you are contracting with the respective store from which you are buying;
· we do not transfer legal ownership of items from the seller to the buyer; and
· If you are buying on behalf of a company, you are confirming that you are authorised to transact on behalf of the company.
4. Description of Services
4.1 Placing goods in one’s Cart does not constitute an order.
4.2 An order is confirmed when one checks out and receives a proforma.
4.3 Goods can only be held in one’s Cart for 3 hours after check out and goods not paid within three hours of checking out will automatically return to the store and will be available to other shoppers.
4.4 For purchases for vehicles and such high valued products, whose purchase value may require special arrangements (like payment through bank RTG system) a deposit as specified by ZIMMIDAS Online store must be paid within one hour of checking out and thereafter the remaining balance must be paid within 48 hours, failure of which the transaction shall automatically be cancelled. Kindly get in touch with the ZIMMIDASOnline store where such arrangement is needed.
5. Accessing this website
5.1 This website is for use by individuals who are 18 years old and above and by using this website, you confirm that you are 18 years old and above.
5.2 By using or accessing the ZIMMIDAS Online store website services you further hereby agree that you shall not:-
· Use our services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily
or indefinitely suspended from using our sites, services, applications or tools;
· fail to pay for items purchased by you, unless you have a valid reason as set out in respective online stores policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;
· post false, inaccurate, misleading, defamatory, or libellous content;
· transfer your ZIMMIDASOnline store account (including Feedback) and user ID to another party without our consent;
· distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
· distribute viruses or any other technologies that may harm ZIMMIDAS Online Store, or the interests or property of users;
· commercialize any ZIMMIDAS Online store application or any information or software associated with such application;
· harvest or otherwise collect information about users without their consent; or
· circumvent any technical measures we use to provide the Services.
5.3 If we believe or discover that you are abusing ZIMMIDAS Online store in any of theways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our services.
6. Usernames and passwords
6.1 When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
6.2 On becoming a member of the Site, you hereby agree:
· To treat your username, password and any other account security information as confidential, and you shall not disclose it to any third party;
· That you are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and
password, and accept responsibility for all activities that occur under your account and password, unless we are at fault for a breach of confidentiality in respect of your username and password;
· To immediately notify ZIMMIDASOnline store of any unauthorized use of your password or account or any other breach of security;
· You shall not use another person’s account at any time, without the express permission of the account holder;
· To reimburse ZIMMIDASOnline store for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access; and
· You shall provide true, accurate, current and complete information about yourself as prompted by ZIMMIDASOnline store’s registration form.
6.3 You are solely responsible for keeping your personal username and password secure and confidential and you should not disclose your username or password to any other party.
6.4 Once logged on using your username and password whether authorised or unauthorised, you take full responsibility for the ensuing transactions once access to the site is obtained.
6.5 ZIMMIDASOnline store may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or proof of residents.
6.6 In no event shall ZIMMIDAS Online store be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
6.7 If you believe that your username and/or password have been compromised or you are aware of any other breach of security regarding the Site, then you must notify us immediately. You can change your password by logging into your account and using the ‘change password’ option .
7. Fees and Services
7.1 The Site is an online platform which allows the sale and purchase of products. Membership on the Site is free and ZIMMIDAS Online store does not charge any fee for browsing the Site.
7.2 We permit access to this website on a temporary basis, and we reserve the right to withdraw or amend access to this website without notice.
7.3 As we do not charge you for accessing this website we will not be liable to you if for any reason this website is unavailable at any time or for any period.
8. Payments
8.1 The ZIMMIDASOnline store Payments system means that payment for items on the Sitemay be made online or partly online through the ZIMMIDASOnline store payment facilities which ZIMMIDASOnline store makes available on the Site.
8.2 By providing these payment facilities, ZIMMIDASOnline store is merely facilitating the making of online payments by
buyers possible ZIMMIDASOnline storedoes not have any fiduciary duty to any user.
8.3 All prices are quoted in US Dollar ($) and all transactions will be charged in US$. The actual amount to be paid in your home currency shall be determined by the prevailing exchange rate of our bankers.
9. Pricing Policy
9.1 All prices are inclusive of VAT (where applicable) at the current rate and are correct at the time of entering the informatio onto the system.
9.2 We reserve the right to amend prices without notice from time to time.
9.3 The total cost of your order is the price of the products ordered plus delivery charges, where applicable.
9.4 By completing the process for an on-line order you are confirming that the credit/debit card and Ecocash/Telecash/OneWallet account being used for the transaction(s) are yours.
9.5 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it.
10. Delivery
10.1 A delivery service is available on selected products. On these products, you may opt to have the purchased item(s)
delivered to your preferred address or you may opt to collect the purchased item(s) from the supplier.
10.2 If you opt for delivery, you will be notified of the delivery cost at checkout point and you shall be required to make payment for the delivery service before goods are delivered.
10.3 We will make every effort to facilitate the delivery of goods within the estimated timelines. However we shall not be held
accountable for any unforeseen factors or delays beyond our control such as extreme weather, floods or fire.
10.4 Risk of loss and damage of products passes to you from the date when the products are delivered to you.
11. Delivery Timelines
11.1 Goods ordered will be delivered within forty eight (48)hours of purchase.
11.2 Our delivery days are between Monday and Friday and no deliveries shall be done during weekends that is Saturday and Sunday or Public holidays using the Zimbabwean Calendar.
12. Returns Policy
12.1 Please note that not all products are returnable and not all shops will accept returns.
12.2 To claim refund or exchange any item you are not completely happy with, contact us though our customer service email or our available phone lines elaborating the product name, receipt number, and reason of return within forty eight (48) hours of the item being delivered to your nominated address or collected.
12.3 ZIMMIDASOnline store will forward the request to the shop the product was purchased an if a return agreement is reached please return items in their original condition, unused, in their original packaging,with garment tags and any other security devices still attached within 14 days.
12.4 Please further note that the following products cannot be returned once purchased:
· Any products personalised to customer’s specifications;
· Electricals;
· Goods sold by way of auction; and
· Special Orders
13. Electronic Communications
13.1 You hereby agree to receive calls, including autodialed and/or pre-recorded message calls, from ZIMMIDASOnline store at any of the telephone numbers (including mobile telephone numbers) that we have collected, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts.
13.2 If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device.
13.3 You agree that we may contact you in the manner described above at the telephone numbers we have in our records for the following purposes:
· To contact you for reasons relating to your account or your use of our Services (such as to resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law; and
· To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future.
13.4 ZIMMIDASOnline store may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you.
13.5 These service providers may also contact you using autodialed or pre-recorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
14. Links to Third Party Websites
14.1 The Site may include links to third party websites that are controlled, maintained and are completely independent of this website.
14.2 The Site shall not accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites shall not be construed as an endorsement, representation or warranty by ZIMMIDAS Online store as to the accuracy, completeness or authenticity of the information contained in any such website (s) or a warranty that such website (s) will be free of viruses or other such items of a destructive nature.
14.3 You hereby acknowledge and agree that ZIMMIDASOnline store is not responsible for the content or availability of any such sites and your linking to any other off-site pages or other sites is at your own risk.
15. Limitation of Liability
15.1 To the extent permitted by law, ZIMMIDASOnline store, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not ZIMMIDASOnline store has been advised of the possibility of such losses or damages).
15.2 If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to ZIMMIDASOnline store and ZIMMIDASOnline store shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
16. Warranties and Disclaimers
17.1 You agree to indemnify and hold ZIMMIDAS Online store and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the recklessness of a third party in connection with this agreement.
17.2 Neither ZIMMIDASOnline store nor any of their officers, directors, employees orrepresentatives represent or warrant:
· That the service, including its content, will meet your requirements or be accurate, complete, reliable, or error free;
· That the service will always be available or will be uninterrupted, accessible, timely, or secure;
· That any defects will be corrected, or that the service will be free from viruses, “worms,” “Trojan horses” or other harmful properties;
· The accuracy, reliability, timeliness, or completeness of any review, recommendation, or other material published or accessible on or through the service or the site;
· The availability for sale, or the reliability or quality of any products.
17.3 You acknowledge that due to the nature of the Internet, we cannot guarantee that access to the site will be uninterrupted or that e-mails or other electronic transmissions will be send to you or received by us. You expressly agree that
use of this service is at your sole risk. To the fullest extent permissible under the applicable law, ZIMMIDASOnline store and its affiliates disclaim all warranties of any kind, express or implied, including but not limited to, warranties of title, or implied warranties of merchantability or fitness for a particular purpose.
17.4 We will try to keep ZIMMIDASOnline store and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. Site updates and other notification functionality in ZIMMIDASOnline store’s services may not occur in real time. Such functionality may be subject to delays beyond ZIMMIDASOnline store’s control.
17. Copyright and /or Trademark Ownership
18.1 Save for any trademarks of the Stores featured on the site, all contents of this site including, but not limited to, the text, graphics, links and sounds are subject to the copyright and other intellectual property rights ofZIMMIDASOnline store’s and shall not be copied, downloaded, distributed or published in any way without their prior written consent, except that you may print, copy, download or temporarily store extracts for your personal information or when you use the services.
18. Applicable Law
Any dispute arising out of or in connection with your use of this site or material or content from this Website shall be resolved according to the laws of Zimbabwe and Zimbabwean Courts shall have exclusive jurisdiction over all
claims against ZIMMIDASOnline store.
19. Amendments
ZIMMIDASOnline may amend this User Agreement at any time, and the amendments will be posted on the site. Changes take effect when they are posted on the site and your continued use of this site after the changes have been posted shall mean that you are in agreement with the changes.
20. Termination
21.1 We reserve the right at any time to terminate or block your account and/or terminate or restrict your access to this site at our discretion, however we will normally only do so
where:
· We have reasonable cause to believe you, or someone using your username and password,
have breached these Terms;
· we have reasonable cause to believe you are in breach of any terms and conditions applicable to the purchase of any services and/or products from us or any of
our Partners;
· you bring us or any of our Partners, suppliers, contractors or other customers into disrepute (including by making any derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or otherwise objectionable statement
about us or any of our Partners, suppliers, contractors or other customers);
· you commit any criminal offence that in our reasonable opinion may have an adverse effect on our reputation or that of any of our Partners, suppliers, contractors or other
customers;
21.2 We may (but are not obliged to) delete all information relating to and inserted by you in any account that we have terminated and we are under no obligation to reactivate any account that we have blocked or terminated.
21.3 If your account or access to this site is terminated (whether by you or by us) these
Terms shall remain in effect.
21.4 We may further cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services and additionally, reserve the right to disable any user account, at any time, if in our reasonable opinion you have failed to comply with this User
Agreement.
ZIMMIDAS ONLINE (PRIVATE) LIMITED – PRIVACY POLICY
ZIMMIDAS Online (hereinafter referred to as “the Site”) is owned and operated by Midas part of the Midas Africa Group. This policy, together with our Terms and Conditions, explain how ZIMMIDASOnline store may use information we collect about you. By accessing the site you confirm to have understood and agreed to this Policy and to our Terms and
Conditions.
1. Information we collect about you
Collecting your personal information helps ZIMMIDASOnline store to improve the goods and services offered on the site and to administer and operate your account with us. More importantly, we use your information to check and verify your identity, and to prevent or detect crime. We may share your personal information across the Midas Group so they can provide you with relevant products and services and we may share your information with the suppliers of the products and services offered on the site.
2. We collect information about you when you:
1. Register an account with us;
2. Visit the site;
3. Buy any products or services offered on the site;
4. Contact us over the telephone or in writing; and
5. Complete a survey or questionnaire.
3. How we use your information
3.1 We collect all of this information from you for a number of different purposes, which we want you to understand. A number of specific uses for specific data is already detailed above. But we often need to use lots of different types of information or data collectively in order for the siteto work and in order to be able to provide the services to you.
3.2 The fundamental purposes listed below illustrate the collective use of your information:
· To ensure that our site’s content is presented as effectively as possible for you, and to enable you to participate in
interactive features of our site, when you choose to do so.
· To set up, and manage your account, so you can place orders, so we can provide our products and services to you, so we can make sure that the items you order get to you on time, so we can communicate with you about your orders and your account, so we can track potential problems and trends, so we can customise our support responses to better serve you and
answer any questions or queries you may have.
· To ensure that our users are genuine and to ensure that we are paid for goods that we despatch – for example, by using
personal information, or disclosing that personal information to a credit reference or fraud prevention agency, in order to confirm your identity and conduct appropriate anti-fraud checks.
· To update you on our latest products, news and special offers – If you have registered with us or provided us with your email address and elected to receive marketing communications from us, we will
occasionally update you on our latest products, news and special offers via e-mail, post, telephone and other means available through the Services, including mobile text messages and push notifications. You will also be given the opportunity to receive such communications from us and selected third parties. This includes if you choose to use the Facebook “like” button to
indicate you like any of our pages or apps.
· These messages will be sent to you based on your
profile information and messaging preferences as selected by you in relation to
your account. Please keep your settings
up to date or contact our customer care team if you wish to change any of these
preferences, including unsubscribing from our mailing list.
· To create a link to our app in your social media channels – some of our apps may give you the option to post updates to
your Facebook wall or other social media channel, and to the wall of your social media friends, or to send invitations to your friends. This may create a link to our app, dependent on your privacy settings in that social media channel. When you send an invitation, please be aware that it may contain your social media username and profile picture so your friend knows who sent them the invitation.
· To carry out polls, surveys, analysis and research on how our site is being used, customer views, what we could do better etc, – these polls, surveys, analysis and research may be conducted by ZIMMIDAS Online or third parties. Third parties may follow up with you via email regarding your participation unless you have opted out of receiving email messages. We may use
third parties to deliver incentives to you to participate in polls, surveys, analysis or research, and verifying your contact information, which may require your contact information and other personally identifiable information to be provided to the third party fulfilling the incentive offer.
4. Mailing lists and off-Website marketing
By opening an account with us or making a purchase on the site, you agree that we may contact you with offers and information about products or services offered through the site and for feedback on your experience with us.
5. Cookies
5.1 We may use cookies to give you the best possible shopping experience on the site. Whenever you use the site, app, or other Internet service, there is certain information that gets created and recorded automatically by the IT systems necessary to operate that site, app or service.
5.2 The same is true when you use our site, apps and services for example: when accessingthe site, we use
“cookies” (a small text file sent by your computer each time you visit our site, unique to your account or your browser) to make it easier for you to use the website, improve your shopping experience with us or so we can record log data relating
to the pages you viewed and activities you carried out during your visit.
5.3 We may use cookies to store your language preferences or other website settings, so you don‘t have to set them up every
time you visit the website. These cookies may be “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser deletes them). Some of the cookies we use are directly associated with your account (relating to things like the email address you gave us), and
other cookies are not.
5.4 There are four main types of cookies and herein below is how and why we use them.
· Site functionality cookies – these cookies allow you to navigate the site and use our features.
· Site analytics cookies – these cookies allow us to measure and analyse how our customers use the site, to improve both its functionality and your shopping experience.
· Customer preference cookies – when you are browsing or shopping on the site, these cookies will remember your preferences so we can make your shopping experience as seamless as possible, and more personal to you.
· Targeting or advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see and help us measure the effectiveness of our marketing campaigns.
5.5 By using our site, you agree to us placing these sorts of cookies on your device andaccessing them when you visit the site in the future. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies. Please note that by deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions on our site, and the complete site user experience that we pride ourselves on providing our customers.
6. Other websites
The site may contain links to other websites which are outside our control and not covered by this policy. The operators of these websites may collect information from you that will be used by them in accordance with their policy, which may differ from ours.
7. Limitation of Liability& Breach
7.1 ZIMMIDASOnline storeexpressly disclaims liability for any errors and omissions therein and for any damages
whatsoever whether arising out of or in connection with your use of, reliance upon, or acting or forbearing to act upon, any information on this site and you hereby indemnify ZIMMIDASOnline store and hold it harmless against all loss, liability, damage, direct, special, consequential or otherwise or personal injury or expense of whatsoever nature which may be suffered by you or such third party arising out of or in connection with the use of the site.
7.2 The information on this website is provided “as is” and ZIMMIDAS Online makes no representations or warranties as to the accuracy, adequacy, completeness, or appropriateness for any particular purpose of any such information.If you purchase services and/or products from us, specific guarantees, conditions and/or warranties will be contained in the relevant applicable terms which you should read and ensure you understand.
7.3 ZIMMIDAS Online may change and/or alter the contents of the site, or may suspend or discontinue the services provided through the site at any time without any prior notice and shall not be held liable for any damages arising out of any alteration or change of the contents or inability to use the site.
7.4 Whilst we will endeavour to ensure that information and any software and/or data made available on or through this site will not contain any viruses or harmful code, you understand and agree that anyinformation, software and/or data downloaded or otherwise obtained through the use of this site is at your own discretion and risk and that you will be solely
responsible for any damage to your own computer system or loss of data that results from the download of information, software and/or data. We are not responsible for any damage caused by the downloading of any information, software and/or data from this site.
7.5 Mention of third party products, services, companies and site on the website is for information purposes only and constitutes neither an endorsement nor a recommendation.
7.6 We provide no assurance that the use by you of information available on the site will not infringe third party rights (including Intellectual Property Rights) and we will have no liability in this regard.
7.7 If you breach any of these terms then you must reimburse us for all costs, claims, expenses and other liabilities we incur as a result of your breach of these terms. This is in addition to any other specific remedies we have in these terms or under the law generally (such as our right to prevent you accessing this website or to terminate your registration on the site).
8. Contacting us.
8.1 We are always keen to hear from our customers (especially if you feel we have let you down or fallen short of your
expectations). We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied – after all, we want you to return to the site and to recommend us to your friends and family.
8.2 If you have any questions or feedback or if you would like us to stop processing your information, please do not hesitate to contact a customer service member of the ZIMMIDAS Online team, who will be delighted to answer any questions you may have.
8.3 You can contact us on the following branches
Harare
Cnr R Manyika and J Nyerere
752484/6
midas@hre.cloverleaf.co.zw
Bulawayo
58 Joshua M Nkomo
Between 4th and 5th Avenue
63746
sales@byo.zimmidas.co.zw
Kwekwe
Stand 12A Cnr 2nd Ave/3rd Street
23804/5
sales@kwekwe.zimmidas.co.zw
9. Changes to these Terms and this website
9.1 We reserve the right torevise, update or change these terms at any time. Please review the terms periodically as your continued use of the site indicates your agreement to any changes that we make.
9.2 We aim to update the site regularly, and may change the content on the site at any time. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the content on this website may be out of date at any given time, and we are under no obligation to update such content.
10. Miscellaneous
10.1 Relationship: Nothing in these terms shall constitute any partnership between you and us or be deemed to have
created any relationship of agency between you and us.
10.2 Waiver: No delay or failure by us to insist upon or enforce performance of any provision ofthe terms or to exercise any right under the terms will be deemed to be a waiver or in anyway prejudice our rights under these terms.
10.3 Severance: If any provision in these terms is declared void or unenforceable by any court or other body of competent jurisdiction, or is otherwise rendered so by any applicable law,such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of these terms not affected by such invalidity or unenforceability shall remain in full force and effect.
10.4 Jurisdiction and applicable law: These terms and any dispute or claim arising out ofor in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Zimbabwe and the Zimbabwean courts shall have non-exclusive jurisdictionover
any dispute or claim arising from, or related to, your use of this site.