Jeezwa Terms of Use

Introduction

Welcome to Jeezwa. By accessing www.Jeezwa.com and its related websites, services, applications or tools (Collectively referred to as "Jeezwa") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Jeezwa works for everyone. Jeezwa is provided to you by Jeezwa Communications Limited Comp Reg No: 129578, 726 Freedom Way, Lusaka, Zambia, registered in Zambia. These Terms of Use constitute a legally binding agreement between you and Jeezwa Limited, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a Jeezwa account and by otherwise accessing or using the Jeezwa websites, services, applications and tools; or as otherwise indicated on a specific site, service, application or tool.

Using Jeezwa

As a condition of your use of jeezwa (including Jeezwa.com and its related websites, services, applications and tools) you agree that you will not:

· violate any laws;

· violate the Posting Rules;

· post any threatening, abusive, defamatory, obscene or indecent material;

· post or otherwise communicate any false or misleading material or message of any kind;

· infringe any third-party right;

· distribute spam, chain letters, or promote pyramid schemes;

· distribute viruses or any other technologies that may harm Jeezwa or the interests or property of Jeezwa users;

· impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Jeezwa;

· copy, modify, or distribute any other person's content without their consent;

· use any robot spider, scraper or other automated means to access Jeezwa and collect content for any purpose without our express written permission;

· harvest or otherwise collect information about others, including email addresses, without their consent;

· copy, modify or distribute rights or content from the Jeezwa site, services, applications or tools or Jeezwa’s copyrights and trademarks;

· harvest or otherwise collect information about users, including email addresses, without their consent

· bypass measures used to prevent or restrict access to Jeezwa;

· sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Jeezwa and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Jeezwa either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Jeezwa websites, services, applications or tools, we may, at our discretion, inform other Jeezwa users that have been in contact with you and recommend that they exercise caution.



Abusing Jeezwa

Jeezwa and the Jeezwa community work together to keep the Jeezwa websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Jeezwa if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Jeezwa employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Jeezwa or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Jeezwa or use of Jeezwa by users.

Fees and Services

Using Jeezwa is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Zambian Kwacha, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the Jeezwa website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Jeezwa fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from the Jeezwa sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Jeezwa users for any fees paid through use of our sites, services, applications and tools in the following cases:

· If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;

· If your ads went live with exposure on the Jeezwa sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;

· If your ads are placed into "edit" mode and will go live to site once updated by you;

· If you have removed your ads yourself;

· If you post duplicate ads as defined in our rules regarding duplicate ads;

· If we believe that your ads are in a significantly wrong category;

· Please note that the above list is not exhaustive.

Content

Jeezwa contains content from us, you, and other users. Jeezwa is protected by copyright laws and international treaties. Content displayed on or via Jeezwa is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Jeezwa without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Jeezwa. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Jeezwa (other than your own content).

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Jeezwa by private individuals in Zambia. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Jeezwa.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Jeezwa comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Jeezwa, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 6 months prior to the action giving rise to liability, and (b) K1,000 Zambian Kwacha.

Release

If you have a dispute with one or more Jeezwa users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement.

Personal Information

By using Jeezwa, you agree to the collection, transfer, storage and use of your personal information by Jeezwa on servers located globally. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes

If a dispute arises between you and Jeezwa, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on Jeezwa constitute the entire agreement between Jeezwa and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of Zambia. You agree that any claim or dispute you may have against Jeezwa Limited must be resolved by the courts of Zambia. You and Jeezwa both agree to submit to the exclusive jurisdiction of the Zambian Courts.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Jeezwa Limited, 726 Freedom Way, Lusaka, Zambia. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Jeezwa website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

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