Terms of Use

Use of the Site/Website is available only to persons who can form legally binding contracts under the Zimbabwe Law. Persons who are “incompetent to contract” within the meaning of the Zimbabwe Law including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a buyer of www.shumba.africa and shall not transact or use website. As a minor, if you wish to use or transact on the website, such use or transaction may be made by your legal guardian or parents.

Website www.shumba.africa reserves the right to terminate your Registration and / or refuse to provide you with access to the Website if it is brought to Shumba Africa‘s attention or if it is discovered that you are under the age of 18 years.

1. You shall be obliged to provide accurate information and other details to us

2. You shall read all the policies, terms mentioned in the website

3. You shall not copy or use the information contained in the website

4. You shall be responsible for all orders placed by you on the website

5. You shall be responsible for all and acts arising out of your account

6. You shall be responsible for all reviews, comments, and posts made by you on the Website

You agree, to undertake and confirm that your use of Website shall be strictly governed by the following binding principles: –

You hereby agree not to use the online marketplace platform by way of www.shumba.africa  to:

(a) harass or advocate harassment of another person;

(b) involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or

“spamming”;

(c) promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(d) infringe upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

(e) promote an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices

(f) provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(g) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(h) contain video, photographs, or images of another person (with a minor or an adult).

(i) gain or attempt to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(j) engage in pyramid advertising etc.

(k) solicit gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

(l) interfere with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;

(m) harm minors in any way;

(n) infringe upon any intellectual property by way of any patent, trademark, copyright or other proprietary rights or trade secrets of any user, third party whether individual and/ entity

(o) violate any law for the time being in force;

(p) introduce or attempt to introduce any computer contaminant including but not limited to software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(q) mislead, upload any information, content, image prohibited or restricted in manner under the provisions of any law, rule, regulation being in force

(r) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

PROHIBITED USE OF WEBSITE

1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms www.shumba.africa or otherwise engage in any conduct or action that might tarnish the image or reputation, of, www.shumba.africa  or trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or systems or networks, or any systems or networks connected to Shumba Africa.

• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
• You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Shumba Africa and / or others.

• You shall at all times ensure full compliance with the applicable provisions as per laws of Zimbabwe.
• You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website.
• It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion.
• You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
• We reserve the right, but have no obligation, to monitor the materials posted on the Website. Shumba Africa  shall have the right to remove or edit any content etc. that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. In no event shall Shumba Africa assume or have any responsibility or liability for any games including normal games, challenge games available on the website or for any claims, damages or losses arising out of such games available on the website.

1. It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
2. Shumba Africa shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Intellectual Property

Shumba Africa, and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of Shumba Africa, Shumba Africa’s copyright, trademarks, service marks, logos, business name, domain name, and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Voluntary Consent

You herein agree that the providing all the details including information is purely voluntarily and in no event shall the platform www.shumba.africa via Paystream Global Ltd be liable, responsible in whatsoever manner.

Third Party Vendors

You understand, agree and acknowledge that the online market place platform shall consist of independent THIRD PARTY VENDORS and www.shumba.africa shall however, take no responsibility in any manner for any acts, omissions, acts of such THIRD PARTY VENDORS.

The THIRD PARTY VENDORS are independent professionals, and Paystream Global Ltd via www.shumba.africa shall have no responsibility in whatsoever manner.

LEGAL ACTION AGAINST THE THIRD PARTY

In the event of any criminal act committed by any THIRD PARTY VENDOR, You may take direct action against such THIRD PARTY VENDOR as per the law being in force and in such cases Paystream Global Ltd shall also be informed about the same.

In the occurrence of the any such event mentioned above, You shall not make Paystream Global Ltd, www.shumba.africa a party to such offence, as the third party committing such act is individually and severally liable for any legal action whatsoever.

WARRANTY

The products sold herein or made available for sale herein may be subject to guarantee by the Third Party Vendor / Manufacturer selling such products or offering for sale any products through the online marketplace. However, the scope and duration of warranty may differ from product to product. In no event shall Paystream Global LTD, the online market place www.shumba.africa hold any liability, responsibility in whatsoever manner in this regard.

Charges

Registration on the Website is free for users Shumba Africa does not charge any fee for browsing the Website. In particular, Shumba Africa may, at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Shumba Africa reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in United States Dollars (USD). You shall be solely responsible for compliance of all applicable laws for making payments to Shumba Africa.

We herein reserve the right to change the prices of any products at any time, prior to the confirmation of your order. All the prices mentioned are inclusive of the all applicable taxes on your purchase. However, in the event of any delivery charges applicable for your order, the same shall be added to the total pricing payable by you at the time of checkout. Shumba Africa Wallet & Promotions (incl. Cashback) Shumba Africa has an online wallet in which customers who sign up or register on the site can gain cash back on each completed purchase made on the website. We reserve the right to discontinue promotions on our website including cashback promotions. Below are the terms of use for the wallet and promotions on the site;

1. Cashback promotions are applied to your wallet on completion of your order.
2. The cashback balance is calculated as a percentage of the total order. This percentage may vary depending on the promotion.
3. Wallet balances can only be used on the Shumba Marketplace and cannot be redeemed or used on any other site.
4. No refunds (cash or other) are provided in lieu of wallet balances.
5. Wallet Balances can be used for purchases at the value indicated.
6. Wallet balances are denominated in USD$.
7. Cashback promotions can be discontinued at any time, but Wallet balances will remain for customers to redeem on future purchases until fully depleted.

Liability due to internet Connectivity & Network Issues

The marketplace, www.shumba.africa via Paystream Global Ltd shall hold no responsibility, liability for any actions, acts including but not limited to errors, transmission, activities and issues arising out of internet connectivity and any other network related issues.

Legal Disclaimer

The online marketplace Shumba Africa, all the services, included on or otherwise made available to You through this Website www.shumba.africa  are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

The online marketplace, Shumba Africa  does not warrant that this site; information, content, materials, images (including software) or services included on or otherwise made available to You through the Website www.shumba.africa their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website www.shumba.africa constitutes, or is meant to constitute, advice of any kind.

We disclaim any risks, damages, liabilities, loss, claims including ANY SPECIAL,

INCIDENTAL, INDIRECT or CONSEQUENTIAL, PUNITIVE, VICARIOUS DAMAGES

OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF THE

WEBSITE including but not limited to playing and/ participating in any Challenge games made available on the Website.

Indemnify

You shall indemnify and hold harmless, Paystream Global Ltd, Shumba Africa, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including legal expenses, litigation expenses arising out of the damages, claims made by any third party or penalty imposed due to or arising out of Your breach of this Terms and Conditions, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Content

POSTED ON MARKETPLACE

The Content, text, graphics, user interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to the brand name Shumba Africa shall be the property of Paystream Global LTD. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works. No part of the Website and including content etc. shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Paystream Global Ltd  express prior written consent.

The Information provided by any vendor including images, content taken from internet shall be referred to as third party content and shall remain the intellectual property of the respective third party including individuals and/ entities and all information provided by you and/ any THIRD PARTY VENDOR, shall remain your Intellectual Property and/ or the intellectual property of the such THIRD PARTY VENDOR. You herein understand that we use such information for display purposes only.

You may use information made available on the Website for downloading, provided that You: (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Warranties & Liability

www.shumba.africa does not warrant that description or other content of this marketplace is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. The products offered through the online marketplace are in compliance with the Zimbabwe laws, legislations and standards.

www.shumba.africa may include inaccuracies and typographical errors. Changes and improvements are periodically made to the website and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information. Information received via this website should not be relied upon for personal, legal or financial decisions. Nothing on Website constitutes, or is meant to constitute, advice of any kind. Shumba Africa  does not take responsibility or liability for the actions, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites. However, Paystream Global LTD, www.shumba.africa shall hold no responsibility, liability in this regard.

You will be required to enter a valid name, phone number, email id while availing any of the services mentioned on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates.