These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our ZUNGUZ’s use of cookies in accordance with the terms of ZUNGUZ’s privacy policy.

Conduct

You agree that under no circumstance shall the ZUNGUZ system be used to transmit funds in association or for payment of illegal goods or services. This includes, but is not limited to, illegal substances, pyramid schemes, or any type of money laundering. In the event ZUNGUZ finds your account is being used (or has at any time) for such activity, it will result in the suspension of your account. ZUNGUZ will not be a party to the transfer of funds in association with illegal goods and services.

You agree that you will not at any time attempt to falsify your identity or defraud ZUNGUZ or other ZUNGUZ users in any way. You agree in the event you are found to be defrauding or falsify your identity to ZUNGUZ or other ZUNGUZ users, legal action will be taken against you.

Debt

You agree that in the event you have unpaid debts or bills with users within the ZUNGUZ system, other users may use documentation within the ZUNGUZ system in collection of that debt. This includes, but is not limited to, unpaid invoices or unfulfilled contractual agreements. You agree ZUNGUZ will not be held liable for any losses or debts incurred during your experience with other ZUNGUZ users.

Refunds

Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) which forthwith gives the consumer the right to return  unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Notwithstanding, the CPA implied warranty, our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.

The implied warranty on goods supplied places an obligation on ZunguZ to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to ZunguZ if:

a)    The consumer finds, within ten days of delivery, that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);

b)    The consumer did not have a chance to examine the goods and rejected delivery of the goods for any any reasons contemplated in section 19(5); and

c)    The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).

Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.

We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will, as per our Return Policy, assess the goods to determine the reason for the defect in the goods.

We will consider and deal with all other returns in terms of applicable law, the manufacturers’ warranty, the terms of the extended warranty and our Return Policy. All refunds are less any charges permissible in terms of the law. If you are entitled in law to return goods to us for any reason, the law in certain instances allows us to charge for the use of the goods and to be able to restock the goods..

In terms of this return policy, we may consider replacing goods purchased with us within 14 days from the date of purchase if such goods are returned in their original condition and packaging, subject to the fact that they have not been misused or abused or damaged due to gross negligence on the part of the customer.

Returns

The receiving party of a transaction may be subject to chargebacks occurring within the account if claims are made by the sending party or by the financial institution. In the event fraud occurs, funds may be reversed and arbitration will begin with both parties.

Account

Your ZUNGUZ account is an electronic money account which enables you to send and receive electronic payments.

The electronic money held on your account does not expire but it will not earn any interest.

Your account may be subject to upload, payment and withdrawal limits, depending on your country of residence and the verification status of your account.

You agree at no time to share your account with anyone else. ZUNGUZ will never ask for your password. You agree to carefully share this information and never to share this information with other people. You agree ZUNGUZ carries no liability to losses or problems that may arise due to you sharing this private information with other people, businesses, or entities.

You may close your account at any time by contacting customer support services.

Representation

ZUNGUZ promises to act on behalf of you (the user) to the banking institution chosen by ZUNGUZ. You agree you are responsible for the accuracy and validity of all information provided to ZUNGUZ. ZUNGUZ will not be responsible for incorrect information provided by you through the ZUNGUZ system. You agree you will release ZUNGUZ of all liability acting on your behalf. You agree you will be responsible for any faulty information and fines associated with that information or activity with the bank. Fraudulent activity of this type may result in prosecution not only from ZUNGUZ, but from the banking institution processing the funds.

License to use website

Unless otherwise stated, ZUNGUZ and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ZUNGUZ’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without ZUNGUZ’s express written consent.

Restricted access

ZUNGUZ reserves the right to restrict access to areas of this website, or indeed this entire website, at ZUNGUZ’s discretion.

If ZUNGUZ provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

ZUNGUZ may disable your account in ZUNGUZ’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to ZUNGUZ a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to ZUNGUZ the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ZUNGUZ or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ZUNGUZ reserves the right to edit or remove any material submitted to this website, or stored on ZUNGUZ’s servers, or hosted or published upon this website.

Notwithstanding ZUNGUZ’s rights under these terms and conditions in relation to user content, ZUNGUZ does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  ZUNGUZ makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ZUNGUZ does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of liability

ZUNGUZ will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ZUNGUZ has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ZUNGUZ’s liability in respect of any:

• death or personal injury caused by ZUNGUZ’s negligence;
• fraud or fraudulent misrepresentation on the part of ZUNGUZ; or
• matter which it would be illegal or unlawful for ZUNGUZ to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, ZUNGUZ has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against ZUNGUZ’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ZUNGUZ’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ZUNGUZ.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify ZUNGUZ and undertake to keep ZUNGUZ indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ZUNGUZ to a third party in settlement of a claim or dispute on the advice of ZUNGUZ’s legal advisers) incurred or suffered by ZUNGUZ arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to ZUNGUZ’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ZUNGUZ may take such action as ZUNGUZ deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ZUNGUZ may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

ZUNGUZ may transfer, sub-contract or otherwise deal with ZUNGUZ’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and ZUNGUZ in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Delaware, USA law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Delaware, USA.

ZUNGUZ’s details

The full name of ZUNGUZ is Zunguz Inc.

ZUNGUZ’s registered address is 630 Hansen Way, Palo Alto, CA 94304, United States.

You can contact ZUNGUZ by email to support@zunguz.com.

These website terms and conditions

These website terms and conditions are based on a Contractology website terms and conditions document available at www.freenetlaw.com. Premium Contractology forms include privacy statement forms.