Terms & Conditions
USER TERMS & CONDITIONS (“the agreement”)
Please read this agreement carefully. It sets out the terms under which Makhwedini Media offers you use of its interactive services as defined in clause 1.1 of this agreement and this website (“the Site”).
BY USING ANY OF THE INTERACTIVE SERVICES AND/OR THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.
This agreement is made between you and Makhwedini Media (registered number *****) whose registered office is *******. ZimLive.com is published by Makhwedini Media and when we refer to “we” in this policy we mean the activities of Makhwedini Media.
1. Interactive Services
1.1 Makhwedini Media may make available to you comment areas, blogs, forums and/or other means by which communications, including User Generated Content, may be made available and/or disseminated publicly on the Site; shopping and other commercial and/or transactional services; advisory services; and/or competitions and/or prize draws (all together the “Interactive Services”).
1.2 The Interactive Services may be operated by third parties and where they are this will be made clear to you. Where such Interactive Services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Makhwedini Media as a party and Makhwedini Media cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
2. Use of the Site and the Interactive Services
2.1 The Site and the Interactive Services are for personal and non-commercial use only. You may download and print portions of the Site and/or the Interactive Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Interactive Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site and/or the Interactive Services, including User Generated Content (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Makhwedini Media is strictly prohibited. You also agree not to deep-link and/or frame to the Site for any purpose, unless specifically authorised by Makhwedini Media to do so.
2.2 You agree that you shall not use the Site or the Interactive Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Makhwedini Media’s computer systems or any third party computer system; and
2.3 (a) You agree that you will not submit any material to the Site, including, without limitation, comments, reviews, ratings and material included on your Profile page (“User Generated Content”):
(i) that is in any way, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
(ii) in respect of which you do not have the necessary licences or approvals;
(iii) which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world;
(iv) which is or could be technically harmful;
(v) which is or may be deemed to be advertising or promotional materials including “spam” email;
(vi) which makes excessive demands for bandwidth;
(vii) which is inaccurate or misleading.
(b) You will not impersonate any person or entity when submitting User Generated Content or misrepresent any affiliation with any person or entity.
(c) You acknowledge that Makhwedini Media has no obligation to monitor any User Generated Content but Makhwedini Media has the sole discretion to modify or delete any such User Generated Content in its sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such User Generated Content anywhere in the world.
(d) In the event that you are in breach of these Terms and Conditions and/or Makhwedini Media’s Standards for User Generated Content at any time, Makhwedini Media may forthwith terminate any account that you have with it and you may not open another account with Makhwedini Media and Makhwedini Media reserves the right to terminate any such account. In the event that you continue to contravene these Terms and Conditions and/or the Website House Rules for User Generated Content Makhwedini Media reserves the right to contact your employer, school or college or your internet service provider.
(e) Makhwedini Media will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of or any other information in relation to anyone who has submitted User Generated Content to Makhwedini Media in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content.
(f) The Site enables users of the Site to view the Profile pages of registered users and enables registered users with Profile pages to share personal data with other registered users who have Profile pages. You agree that you will only use other users’ personal data published on the Site in accordance with the applicable laws and regulations (including, without limitation, data protection laws) and, without limitation to the other provisions of these Terms and Conditions, that you will only use other users’ personal data for lawful purposes and as expressly permitted by such other user(s).
(g) You will not access or attempt to access the accounts of other users or penetrate or attempt to penetrate Makhwedini Media’s security measures.
(h) You acknowledge that submitting any UGC to the Site does not guarantee that the UGC, or any part of it will appear on the Site. You cannot edit or remove UGC once you have submitted it to the Site. However, if you become aware of any inaccuracy in UGC submitted by you, please contact Makhwedini Media at [email protected].
2.4 If you publish any User Generated Content via the Interactive Services by way of contributions to chats, discussions or user reviews or comments or via your Profile page, you automatically and hereby grant to Makhwedini Media a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content into any form, medium or technology now known or hereafter developed. In addition, as between you and Makhwedini Media, you assert and waive any and all moral rights in such User Generated Content.
2.5 The intellectual property in all design, text, graphics and other material (other than User Generated Content) and the selection or arrangement of such material in the Site and/or the Interactive Services is owned by Makhwedini Media and/or its respective licensors.
2.6 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site and/or the Interactive Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Sites, the Interactive Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services and/or the UGC has been so made available for guidance only. Makhwedini Media has no responsibility or control over the contents of UGC which may not be accurate and Makhwedini Media cannot be held liable for any contents of UGC or any consequences of you relying on it. Please be aware that any information and/or data in UGC provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any UGC.Your use of all and any information and/or data included in and/or on the Sites, the Interactive Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services and/or the UGC is therefore entirely at your own risk. All liability of Makhwedini Media, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Interactive Services is expressly excluded to the fullest extent permitted by law.
2.7 The Site and/or the Interactive Services may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only and Makhwedini Media is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
2.8 The onus for ensuring that material presented on the Internet is legal rests with the original content provider, and Makhwedini Media will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of these Terms and Conditions. Notwithstanding, Makhwedini Media shall have the right to remove any items it believes may be illegal or otherwise in breach of these Terms and Conditions.
2.9 Makhwedini Media is the owner of:
(a) those trade mark(s) indicated as such throughout the Site from time to time; and
(b) all other trade marks used in the Site and/or the Interactive Service which are not licensed to it by any third party.
All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
2.10 The provisions in clause 5 on Data Protection and Use of Personal Information apply in respect of your use of the Site and/or the Interactive Services.
3. Availability and Security of the Site and the Interactive Service
3.1 Due to the nature of the Internet, Makhwedini Media does not promise full and error free operation of the Site and/or the Interactive Services at all times. All liability of Makhwedini Media, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Interactive Services is excluded, insofar as it is possible to do so in law.
3.2 Makhwedini Media shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on you are kept secure. However, due to the nature of the Internet, Makhwedini Media cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that Makhwedini Media is unable to exclude such liability by law).
4.1 Where you are asked to complete a Makhwedini Media registration form the personal details that you provide must be true, accurate and complete.
4.2 You will keep your password(s) relevant to the Site and/or the Interactive Services and/or UGC confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the Site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify Makhwedini Media immediately by email to [email protected] of any unauthorised use of your account of which You become aware.
4.3 You will not create additional accounts for the purpose of abusing the functionality of the Site or other users or for any other reason in breach of these Terms and Conditions.
4.4 You can cancel your registration at any time by contacting [email protected]
5. Data Protection and Use of Personal Information
5.1 Information may be gathered from your registration form(s) and your use of the Site and/or the Interactive Services including through “cookies”. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a website which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your username, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.
5.2 The information gathered may be used by Makhwedini Media and companies in the same group as Makhwedini Media (i.e. companies which share the same ultimate parent company) internally, for purposes relating to your use of the Site and the Interactive Services and for marketing activities, and may be passed to carefully selected third parties to use for marketing activities. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post or telephone) of any advertising or marketing material. If you do not wish to receive marketing material from Makhwedini Media, from companies in the same group as Makhwedini Media or from carefully selected third parties you should tick the appropriate box on the registration form(s) or notify us by email. If you subsequently decide you no longer wish to receive direct marketing/information from Makhwedini Media or companies in the same group as Makhwedini Media or no longer wish us to pass your information to third parties you should again notify us by email.
5.3 Makhwedini Media may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Site and/or the Interactive Services. Where it is lawful Makhwedini Media may also monitor emails you send and receive.
5.5 Other than as set out elsewhere in this clause 5, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 5 by your agreement to the terms and conditions of this Agreement.
The Site and the Interactive Services are currently made available without charge to you by Makhwedini Media. However, you are responsible for all telephone charges necessary to access and use the Site and the Interactive Services which are made available.
Makhwedini Media may permanently terminate your access to the Interactive Services immediately for any reason.
Where a claim is brought against Makhwedini Media by a third party in relation to your use of the Site and/or the Interactive Services and/or any User Generated Content you agree to fully reimburse Makhwedini Media and all companies within the Makhwedini Media Group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by Makhwedini Media or companies within the Makhwedini Media group in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Interactive Services and/or any User Generated Content which is included on the Site and/or the Interactive Services.
9. Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by email, first class post, or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by email or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
11.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Makhwedini Media’s prior written consent.
11.2 Makhwedini Media reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Makhwedini Media or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site
12. No Waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
13. Variation of Terms
Makhwedini Media reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the Site. Changes in this manner shall be deemed to have been accepted if you continue to use the Site and/or the Interactive Services after the date of transmission of the e-mail or of posting on the Site, whichever occurs later.
14. Law and Jurisdiction
Where the Site and/or the Interactive Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Interactive Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.