ZiTenga Terms and Conditions

1. Introduction

By accessing and using the ZiTenga website (the “Website”), the ZiTenga platform and any associated services, any ZiTenga services provided by ZIMBOCASH and the ZiTenga platform/s and associated services (combined referred to as “ZiTenga Services”), you the User (“you” “User” or “Participant”) agree to the following Terms and Conditions of Service (“Terms”). These terms may be modified from time to time and will be updated on our website.

2. Terms of Service

Please ensure that you read these Terms carefully. If you do not agree with all of the Terms, you may not use the ZiTenga Services. When you access and make use of the ZiTenga Services, it constitutes your acceptance of each of these terms.

These terms may be changed, supplemented or updated by ZiTenga, Bongani Ventures (PVT) Ltd and any parties associated with the ZiTenga Team (collectively referred to as the “ZiTenga Team”) at its sole discretion without prior notification. You should check the Website regularly to keep abreast of any applicable changes. You confirm your acceptance of these terms as modified, changed, supplemented or updated by us, if you continue to use the ZiTenga Services. If you do not agree to such revised terms, please stop using the ZiTenga Services, links or content contained on the Website.

3. Services

ZiTenga is a service provider for users of the ZIMBOCASH system. ZiTenga provides cash-out solutions to Approved Vendors who receive ZASH in day-to-day trade (referred to as the “Program”). ZiTenga provides no guarantee to users to purchase their ZASH tokens unless explicitly stated by ZiTenga for a specific trade on a specific day for a specific vendor at a specific, agreed upon rate.

ZiTenga also provides various solutions for people to purchase additional ZASH tokens. However, ZiTenga provides no guarantee to users to sell ZASH tokens them unless explicitly stated by ZiTenga for a specific trade on a specific day for a specific buyer at a specific, agreed upon rate.

4. Approved Vendors

• ZiTenga uses a third party service to verify its users.

• In order to become an approved vendor (“Approved Vendor”) on the program you must be a verified subscriber to the ZIMBOCASH network.
• Verified subscribers who wish to join the vendor program should apply via the online form provided via the various ZiTenga and ZIMBOCASH official channels.
• Application to the vendor program does not guarantee acceptance to the program. You may get a response to your application; however, ZiTenga provides no guarantee that applicants will be selected or approved.
• ZiTenga agents may perform a due diligence on select vendors which may include a store visit and an interview with the store owner.
• A site visit to a vendor’s physical location does not guarantee acceptance to the program.
• ZiTenga reserves the right to, in its sole discretion, approve vendors to the Approved Vendor program.
• ZiTenga reserves the right to remove a vendor from the program without prior notice.
• Application or acceptance to the vendor program does not guarantee that you will be able to cash out. There are several limitations to the cash out program, the onus is on the verified vendor to understand these limitations.

5. Cash out for vendors

• The Program has cash-out limits which we will update from time to time via the ZiTenga website or the ZIMBOCASH website, or in communication with users.
• There will be both a limit per buyer and a corporate limit implemented. You acknowledge that these limits apply.
• Should a vendor transfer their ZASH to another vendor in exchange for supplies or goods, the vendor cash out credits may transfer to the verified vendor who received the ZASH as payment for their goods.
• A time expiry limit on cash-out credits also applies.
• We intend to cash out in Zimbabwe dollars initially. We may cash-out in any other currency including but not limited to USD, ZAR, Bitcoin, USDT, etc.
• ZiTenga provides no guarantee that we will purchase ZASH at any rate, currency, or within any time or within any country.
• All offers made are executable within 5 minutes of the offer after which such offer will lapse.
• All banks operating in Zimbabwe are subject to the Reserve Bank of Zimbabwe, any payment provider is also subject to the Reserve Bank of Zimbabwe.
• We at ZiTenga are subject to the laws and limitations provided by the banks and payments companies which provide services to us.
• ZiTenga intends to have a physical location “office” where vendors will need to physically present their ID in order to cash out. However, we provide no guarantee that there will be an office in your area. We reserve the right to decline your cash out request should you find yourself unable to visit the office to process your cash out request.

6. Cash in for buyers of ZASH

• We rely on third party suppliers of market making inventory including a cash float of ZASH tokens, we therefore do not provide any guarantees of the availability of ZASH tokens or of any fiat currency at any given time.
• If you purchase ZASH, you agree to do so on such terms as is currently applicable to current ZIMBOCASH users who receive a free allocation of ZASH. This includes a limitation on transferring ZASH outside of the current ZIMBOCASH wallet. The purpose of enabling ZASH purchases is to facilitate ZIMBOCASH users to be able to make additional purchases of goods and services on the ground using the ZIMBOCASH app.
• The ZASH price may change. We make no commitments regarding what rate you will pay.
• We rely on banks and the regulatory environment of the banks, as such, we may not be able to process your transactions. Should you initiate a transaction on our website or on the ZIMBOCASH website, you accept this risk and indemnify ZiTenga of any losses you may incur due to our inability to process your transaction
• We may at some stage provide the ability for others to purchase other types of digital tokens. However, we expressly disclaim any obligation to do so.

7. Restrictions

• You may not use the ZiTenga Services for the following inappropriate behaviour (“Inappropriate Behaviour”):
  • In any way that may cause damage to the ZiTenga Services or the Website or to other Users of ZiTenga Services
  • For any unlawful or fraudulent purposes
  • For any personal gain in an unlawful or fraudulent manner
  • In any way that would breach any laws and regulations
  • In any way that would be harmful to anyone
  • To transmit unauthorized advertising or promotional material
  • To access anyone else’s data or accounts other than your own
  • To perform a Denial of Service or Distributed Denial of Service against the ZiTenga website.
• The ZiTenga Team reserves all rights and remedies available in law against such Inappropriate Behaviour and further reserves the right to suspend your account
• You may not replicate or modify the ZiTenga Services.
• You may not approve other vendors without their knowledge.
  • Each vendor is required to apply to a vendor and ensure their full acceptance of these Terms and Conditions.
• The intellectual property of ZiTenga itself is copyrighted, including the customer databases, the online IT system and all other associated services.
• Our social media platforms are copyrighted.  You may not replicate, or modify them without our explicit permission. This includes:
• our Facebook group,
• our Twitter page,
• our LinkedIn page,
• our WhatsApp groups,
• our Telegram groups,
• our Instagram groups, and
• other platforms.
• Our promotional material is copyrighted. You may not replicate it or use it without permission.
• The ZiTenga logo, taglines and marketing material is copyrighted and you may not replicate it or use it without our permission
• You should be respectful in the way that you deal with the ZiTenga Team
  • We are working to help you and we reserve our rights to delete anyone’s account who is rude or abusive towards the ZiTenga Team
• You should, at all times act in accordance with the laws of your country of residence
• Any breach of these terms could result in the following:
  • Discontinuation of the use of the ZiTenga Services
  • Report your activities to the relevant authorities
  • Possible legal action against you

8. KYC, access to and use of information

• In order to register as a user, you will be required to provide certain personal data to enable your identity to be verified and to ensure compliance with the internal KYC policies of ZiTenga. This may be through either the Zitenga website, via the ZIMBOCASH wallet or via a third party applications. All documents confirming such personal data are referred to as “Know Your Client”  (KYC) documents. For further details on POPI Act and PAIA compliance with respect to the third party identity verification provider, please consult the website www.ivalidate.co.za.
• The ZiTenga Privacy Policy covers our rights and obligations associated with the KYC processes, which you can find on our website www.zitenga.co.zw.
• ZiTenga may access your personal data from any of its partners.
• Promotional Information: ZiTenga aspires to provide first class service to its you, which may necessitate ZiTenga providing information to you regarding various aspects of the ZiTenga services

• Surveys: ZiTenga may periodically conduct online surveys to facilitate the updating of services and service levels. When it conducts a survey, ZiTenga will inform you how the information gathered will be used and will provide you with the opportunity to opt-out from such surveys

• Cookies: ZiTenga uses cookies on the website. Cookies are small text files placed on your computer when you first visit the site. Most browsers now recognise when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer, your company’s technology help desk or your Internet service provider

• Third party links are provided as a convenience to you. ZiTenga does not control and is not responsible for any of these sites or their content.

• ZiTenga specifically prohibits:
  1. hyperlinks that disguise the URL and bypass the homepage
  2. framing, in-line links or metatags
  3. the unauthorised use of the ZiTenga logo or any trademarks owned by ZiTenga

9. Refund policy

• All transactions on the Website are considered incomplete until the ZiTenga team can verify that the funds you have transferred are unconditionally available to them. Thus, your ZASH tokens will only be transferred to your account when this verification process is complete. This verification process may take up to 3 working days depending on the payment method you have used to make the purchase.

• ZiTenga is committed to providing quality services to you, however if you are not satisfied with the level of service we provide for any reason we regret that we are unable to process any returns or refunds.

• You may however lodge a complaint through the ZIMBOCASH wallet directly.

• Should you have any technical queries, please reach out to the ZIMBOCASH support desk which is available on the zimbo.cash website.

10. Types of transactions accepted

• We accept debit card transactions, instant online payments, bank transfers – i.e. transactions that are full and final as they made.
• We do not accept credit card purchases at present. We may choose to accept credit card purchases in future, ZiTenga reserves the right to hold your ZASH purchases until such time as any reversal period has lapsed.

11. Fraud/Breach

• ZiTenga may suspend or terminate your account if it suspects that you have engaged in or are about to engage in or have been in any way involved in or linked to, fraudulent activity in connection with ZiTenga Services

• In addition to the conduct stipulated above ZiTenga may limit your activity, immediately issue a warning, suspend or terminate your account without notice if:

1. despite its reasonable endeavours, ZiTenga is unable to verify or authenticate any information you have provided; or
2. ZiTenga believes that your actions may cause ZiTenga to suffer financial loss or incur legal liability

• ZiTenga collects certain information that identifies Users and purchasers of tokens on our site. The funds, including any fiat, virtual currency or cryptocurrency that you use to purchase tokens within any secondary market, exchange or, if applicable, from the initial distribution, may not be derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing. Further, you will not use the tokens obtained from ZiTenga website or affiliated websites to finance, engage in, or otherwise support any unlawful activities. All documents you provide must be authentic, true and contain the correct information, and we may ask you for additional information in the future should any documents/information be outstanding, we reserve the right to suspend your access to the services until such information/documents are furnished, for which we may charge a fee

• Should ZiTenga terminate your use of our services, the account and transactional information that meet data retention standards will be securely stored for 5 years.

12. Disclaimer

• The Website and all information, products and services provided through the Website are provided “as is” and on an “as available” basis without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of the Website, any products or services we may provide through it or the information or material it contains.

• We reserve the absolute right to alter, suspend or discontinue any aspect of the websites or the services provided through them, including your access to them. We cannot guarantee that the websites will operate continuously or without interruptions or be error free.  You must not attempt to interfere with the proper working of the websites, and, in particular, you must not attempt to tamper with, hack into, data mine, compromise, or otherwise disrupt or threaten to disrupt any computer system, server, router or any other internet-connected device associated with the websites.

• Each of the members of the ZiTenga team disclaims all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation:

1. any warranty with respect to the content, information, data, services, availability, uninterrupted access, or services or products provided through or in connection with the Website;
2. any warranties that the Website or the server that makes it available are free of viruses, worms, Trojan horses or other harmful components;
3. any warranties that the Website, its content and any services or products provided through it are error-free or that defects in the Website, its content or such services or products will be corrected;
4. any warranties of title or implied warranties of merchantability or fitness for a particular purpose;
5. any warranties that the Website will be compatible with your computer or other electronic equipment; and
6. any warranties of non-infringement.

• The materials and related graphics published on the Website could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on the Website. The ZiTenga Team may make improvements and/or changes to the Website, its products, services and/or the materials described on the Website at any time.

• In addition, to the maximum extent permitted by law, none of the ZiTenga Team shall be responsible or liable for:

1. any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of the Website or any of its content;

1. any reliance on, or decision made on the basis of, information or material shown on or omitted from the Website;
2. any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on the Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or hire a candidate, or that any candidates will meet our needs;
3. any reliance based on any representations made by anyone pretending to be representing the ZIMBOCASH Team; should this come to your attention, please report to the ZIMBCASH company immediately;
4. any matter affecting the Website or any of its content caused by circumstances beyond our reasonable control;
5. the performance of the Website and any fault, delays, interruptions or lack of availability of the Website and any of the services or products provided through the Website, which may occur due to increased usage of the Website, intermittent failures of the Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
6. any information or material on any website operated by a third-party which may be accessed from the Website.

• In no event will any of the ZiTenga Team be responsible or liable for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) regardless of whether the ZiTenga Team have been advised of the possibility of such damages, liabilities, losses, costs or expenses, arising out of or in connection with:

1. the use or performance of the Website;
2. any provision of or failure to provide the Website or its services (including without limitation any links on the Website);
3. any information available from the Website;
4. any conduct or content of any third-party;
5. unauthorized access, use or alteration of the transmission of data or content to or from us; or
6. the failure to receive in any way the transmission of any data, content, funds or property from you.

• You agree to indemnify and hold harmless ZITenga Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to

1. your use of, or conduct in connection with ZiTenga Services,
2. your breach or our enforcement of these Terms, or
3. your violation of any applicable law, regulation, or rights of any third party during your use of ZiTenga services

• We reserve the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification pursuant to these terms.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the ZiTenga Parties. You hereby indemnify to the fullest extent ZiTenga Parties from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these terms.

• ZiTenga is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using ZiTenga Services. No communication or information provided to you by ZiTenga is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any buying decision. ZiTenga will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by ZiTenga.

• You acknowledge that that ZiTenga is not liable for losses resulting directly or indirectly from government restrictions, exchange or market regulation, suspension of trading, acts of war or other conditions generally referred to as “force majeure” and which are beyond the reasonable control of ZiTenga.

• We as a market maker provide no guarantee on the pricing of ZASH, we only provide a liquidity role in the process of acquiring ZASH.

13. Resolving Disputes: Forum, Arbitration, Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.

• Notice of Claim and Dispute Resolution Period. Please contact ZiTenga first. ZiTenga wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with ZiTenga, then you should contact ZiTenga and a ticket number will be assigned. ZiTenga will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

• In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against ZiTenga, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to ZiTenga. The Notice of Claim must:

1. describe the nature and basis of the claim or dispute,
2. set forth the specific relief sought,
3. provide the original ticket number, and
4. include the contact details that you have used to contact and make use of ZiTenga Services.

• The Notice of Claim should be submitted to ZiTenga through the official communication details provided on the ZiTenga site. After you have provided the Notice of Claim to ZiTenga, the dispute referenced in the Notice of Claim may be submitted by either ZiTenga or you to arbitration in accordance with the paragraph on arbitration in this Section below. For the avoidance of doubt, the submission of a dispute to ZiTenga for resolution internally and the delivery of a Notice of Claim to ZiTenga are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or ZiTenga shall not be disclosed to the arbitrator.

• You and the ZiTenga team agree that, subject to the paragraph above, any dispute, claim, or controversy between you and ZiTenga (and/or ZiTenga Operators) arising in connection with or relating in any way to these Terms or to your relationship with ZiTenga (and/or ZiTenga Operators) as a user of ZiTenga Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and ZiTenga further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.

• You and ZiTenga agree that any claims relating to these Terms or to your relationship with ZiTenga as a user of ZiTenga Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and ZiTenga further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including ZiTenga.

1. General

• If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable, and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law.

• Any links to third-party websites from the ZiTenga website does not imply endorsement by ZiTenga of any product, service, information or disclaimer presented therein, nor does ZiTenga guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, ZiTenga will not be liable for such loss. In addition, since ZiTenga has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully. If you are going to use their services, please agree to their terms and conditions. If you are going to buy ZASH through ZiTenga website, you agree to their terms and conditions.

• ZiTenga will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond ZiTenga’s reasonable control.

• These Terms constitute the entire agreement between the parties regarding use of ZiTenga Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.