PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE, AND SERVICES OFFERED BY THE PRIVATE ENTERPRISE PROGRAMME ZAMBIA AND ITS AGENTS (COLLECTIVELY, "PEPZ"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.ZAMB2B.COM (THE "SITE"), AND SERVICES PROVIDED BY PEPZ (COLLECTIVELY, THE SERVICES').
By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions referenced herein . This Agreement applies to all users of the Services, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
Effective Feb. 15th, 2016: the Agreement is between your company and PEPZ.
If you have any questions, please refer to the Help section of the Site.
The Site acts as a venue where users who have been vetted and comply with PEPZ's policies can interact with each other as either local suppliers of inputs or large corporate buyers of such inputs. PEPZ is not directly involved in the transaction between buyers and sellers but does offer support to sellers to improve every aspect of the sellers offering. PEPZ does not however have control over the price, quality or safety of any aspect of the items listed. Notwithstanding PEPZ pre-screening users, content and information provided by users, PEPZ shall not be obliged to ensure that a buyer or seller actually completes a transaction.
Consequently, PEPZ claims no legal right to transfer legal ownership of items from the seller to the buyer.
PEPZ encourages you to communicate directly with potential transaction partners through the tools available on the Site.
Compliance - You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by PEPZ's policies as stated in this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by PEPZ. Additionally, some services offered on the Site may be subject to additional terms and conditions promulgated by PEPZ from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password – You must keep your password secure at all times. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify PEPZ of any unauthorized use of your password or any breach of security. You also agree that PEPZ cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than PEPZ without PEPZ's express written permission.
Account Information - You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer - You may not transfer or sell your www.zamb2b.com account and User ID to another party. You are responsible for all the activity of your account and User ID. As you are registering as a business entity, you personally guarantee that you have the authority to enter into and be bound by this Agreement.
Right to Refuse Service - You agree that PEPZ has the right to, either temporarily or indefinitely suspend any member from use of the Site in which event the Services will not be available to such temporarily or indefinitely suspended www.zamb2b.com's members. PEPZ reserves the right, in PEPZ's sole discretion, to cancel unconfirmed or inactive accounts. PEPZ reserves the right to refuse service to anyone, for any reason, at any time.
Listing Description - All listings on the Site must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with PEPZ's published policies. You also warrant that you have the legal right to sell the item or service. You must accurately describe your item and all terms of sale in your Site profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item or service. All items or services must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item or service must have its own listing.
You are solely responsible for your conduct and activities on the Site and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.
Restricted Activities - Your Content and your use of the Site shall not:
License - PEPZ does not claim ownership rights in your Content. You hereby grant PEPZ a license solely to enable PEPZ to use any information or Content you supply PEPZ with. You agree that in using the Content, PEPZ is not violating any rights you might have in that Content. You grant PEPZ a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow PEPZ to store, translate, or re-format your Content on the Site and display your Content on the Site in any way PEPZ deems fit.
Use of Personal Information - Any personal information you may obtain in your utilization of the Site, including but not limited to email addresses and shipping information, from another user shall not be used for any other purpose other than for enquiries relating to that business or for Site related communications unless you have obtained prior permission from the other user to use the information for any other purpose. PEPZ does not grant you a license, whether implied or otherwise, to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, you are not licensed to add any user to your email or physical mail list without express consent from that user.
Re-Posting Content – When you post Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to hold PEPZ harmless for any dispute arising out of this use. If you choose to display your own www.zamb2b.com-hosted image on another website, the image must provide a link back to its listing page on the Site.
Idea Submissions - PEPZ considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items posted on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and PEPZ shall not be liable for the disclosure or use of such Material. If, at PEPZ's request, any member sends Material to improve the site (for example through the Forum), PEPZ will be entitled to consider that Material to be non-confidential and non-proprietary and PEPZ will not be liable for use or disclosure of the Material. Any communication by you to PEPZ is subject to this Agreement. You hereby grant and agree to grant PEPZ, under all of your rights in the Material, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
No Warranty - Neither PEPZ nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and PEPZ expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which PEPZ shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Other Resources - This Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that PEPZ endorses the website(s). PEPZ is not responsible for the content of these website(s) or for their accessibility.. You agree that PEPZ shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Disputes with PEPZ - In the event a dispute arises between you and PEPZ, you are advised to contact PEPZ immediately upon which PEPZ will attempt to amicably resolve the dispute with you. In any event any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in accordance with the Arbitration Act No. 19 of 2000 of the Laws of Zambia. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Disputes with Users or Third Parties - In the event that a dispute arises between you and another user or a third party, PEPZ encourages you to contact the user or third party to resolve the dispute amicably. In any event, you release PEPZ (and PEPZ's officers, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to PEPZ by the site's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or any purpose whatsoever, except to the extent expressly permitted by and in compliance with these Terms of Use or otherwise without PEPZ’s prior express written permission. Additionally, you agree that you will not:
In the event that a user fails to comply with the foregoing, PEPZ may use bypass measure to prevent or restrict your access to the Site.
Without limiting any other remedies available to it, PEPZ may, without notice, delay or immediately remove Content, warn www.zamb2b.com's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
PEPZ suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement other policy documents and community guidelines incorporated herein;
PEPZ is unable to verify or authenticate any of your company information or Content; or
PEPZ believes that a user is acting inconsistently with the letter or spirit of the Site’s policies, has engaged in improper or fraudulent activity in connection with the Site or the actions may cause legal liability or financial loss to other users or to PEPZ.
PEPZ reserves the right to suspend and/or terminate any user’s accounts including all usernames under which that user operates on the Site.
PEPZ will not disclose, sell, distribute or lease your personal or company information (as defined in the Privacy Policy) to third parties unless we have your explicit consent or are required by law to do so. PEPZ is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, PEPZ stores and processes Content on computers located in the cloud that are protected by physical as well as technological security.
PEPZ, ITS OFFICERS, EMPLOYEES, AND PEPZ'S SUPPLIERS PROVIDE THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PEPZ, ITS OFFICERS, EMPLOYEES, AGENTS AND PEPZ'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PEPZ SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL PEPZ, ITS OFFICERS, EMPLOYEES, AGENTS AND PEPZ'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PEPZ'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
PEPZ'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PEPZ’S OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF NEGLIGENCE OF PEPZ. ITS OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS IS LIMITED TO US$100.
YOU AGREE TO INDEMNIFY AND HOLD PEPZ AND (AS APPLICABLE) PEPZ'S AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
PEPZ does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside PEPZ's control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and PEPZ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
PEPZ reserves the right to modify or terminate the PEPZ service through the Site for any reason, without notice, at any time at PEPZ’s sole discretion. PEPZ reserves the right to alter these Terms of Use or other Site policies at any time, and advises you to review the policies frequently. If PEPZ makes a material change to this Agreement or other Site policies PEPZ will notify you here, by email, by means of a notice on the Site home page, or other places PEPZ deems appropriate. What constitutes a "material change" will be determined at PEPZ's sole discretion, in good faith, and using common sense and reasonable judgment.
This Agreement shall in all respects be interpreted and construed in accordance with the laws of Zambia.
Sections 3 (Fees and Services), 6 (Rights of Ownership), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Access and Interference), 10 (Breach), 11 (Privacy), 12 (No Warranty), 14 (Limitation of Liability), 14 (Indemnity), 15 (No Guarantee), 17 (Severability), 18 (No Agency), 20 (Applicable Law) shall survive the termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices under this Agreement shall be given by postal mail to PEPZ; Attn: Team Leader; 5 Katemo Road, Rhodes Park, Lusaka (in the case of PEPZ) or, in case of notices to you, to the email address you provide to PEPZ (either during the registration process or when your email address changes). Notice shall be deemed delivered 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, PEPZ may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PEPZ. In such case, notice shall be deemed delivered three days after the date of mailing.
The services hereunder are offered by the Private Enterprise Programme Zambia, located at 5 Katemo Road, Rhodes Park, Lusaka.