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Diaspora Members Terms of Service (South Africa)

Updated: 2018-07-16

INTRODUCTION

These terms and conditions are the contract between Zing SA and persons located in South Africa and becoming Members of the AMA.ZING membership programme offered by Zing Subsidiaries and Affiliates in various territories where AMA.ZING Services are available. Use of our AMA.ZING Platform is governed by our Site Terms.

By registering as a member on AMA.ZING, or by accessing or using the AMA.ZING Services, you accept and agree to be bound by the terms and conditions of this Agreement as well as the Member Terms of Service applicable to the territory in which you are subscribing for access to AMA.ZING Services including any and all policies, rules, Third Party Provider terms and notices published on the AMA.ZING Platform. We reserve the right to amend this Agreement, its policies, its services and any additional terms at any time, by (a) making the modified provisions available on the platform or (b) at our sole discretion, notifying you directly. You are therefore responsible for regularly reviewing this Agreement. Continued access or use of the AMA.ZING Platform and or AMA.ZING Services after such changes are made, shall constitute your consent thereto. Once amended, the amended Agreement will constitute the Agreement between us.

If you do not wish to be bound by these terms and conditions and the Member Terms of Service applicable to the territory in which you are subscribing to Access AMA.ZING Services you must refrain from Registering as a Diaspora Member, in which event your membership cannot be activated. Activation of your membership is subject to payment of the prescribed Membership Fee where applicable.

To qualify as a Diaspora Member you must be over 18 years old and provide full and accurate information when completing your application . We reserve the right to refuse activating any membership and we will not knowingly collect personal information from any person under the age of 18 years.

We may collect and process your personal information in connection with your Application for, access to, and use of our services. By applying for membership you are consenting to provide such personal information. The application process may include a credit assessment. The collection and processing of your personal information is governed by our Privacy Policy.

Activated Diaspora Members may access our AMA.ZING Services on the AMA.ZING Platform and will enjoy the benefits published in the AMA.ZING Benefits Schedules in the territory in which the Diaspora Members registers by purchasing and redeeming AMA.ZING Coins. Your membership is subject to the terms that govern their specific product offering.

We reserve the right to amend these terms and conditions as our services and relationships with Third Party Providers evolves. Any member who does not agree to be bound by these amended terms and conditions must terminate his or her membership.

DEFINITIONS AND INTERPRETATION

In this Agreement, unless inconsistent with or otherwise indicated by the context:

  1. “Account” means a Diaspora Member's membership account linked to the AMA.ZING Mobile Wallet;

  2. “Activated Diaspora Member” means a member that has completed the application process, resides outside the territory in which the AMA.ZING Services are offered, been registered on the AMA.ZING Platform and can access AMA.ZING Services;

  3. “Activation Benefits” means the immediate benefits that are allocated to a newly Activated Diaspora Member and may include: Life Insurance Cover, Rewards and other benefits contained in the AMA.ZING Benefits Schedule;

  4. “Affiliated” means all subsidiary and affiliate organisations attached to Zing Holdings including Zing ZW, Zing Sure and Zing SA;

  5. “Agreement” means the agreement set out in this document, the specific Member Terms of Service applicable to the territory in which the Diaspora Members subscribes read with all Policies, Rules, Third Party Provider terms, Notices and any other document included on the AMA.ZING Platform, and any valid amendments thereto;

  6. “AMA.ZING Benefits Schedule” means the products, features, rewards, benefits, costs and Membership Fee applicable to Membership Status in the applicable territory;

  7. “AMA.ZING Coins” means a digital coin representation of Rewards points, each with a face value of US$0.01 (one US Dollar cent), which can be purchased, received, transferred and redeemed for Membership Fees and AMA.ZING Services on the AMA.ZING Platform, which are issued subject to the Rewards Rules.

  8. “AMA.ZING Diaspora Mobile Wallet” means the members account used to record AMA.ZING Coin purchases and transactions;

  9. “AMA.ZING Platform” includes the Zing Websites, Mobile Wallet, Mobile Applications, other secure, proprietary information technology hardware and software (licensed to or owned by Zing SA, Zing ZW and Zingsure), AMA.ZING Accredited Outlets, AMA.ZING Customer Service Centre, relationships and personnel through which the AMA.ZING Services are provided;

  10. “AMA.ZING Services” means products, features, benefit, rewards and facilities available to Members, including providing Members with access to transactional facilities, Life Cover, communication, and administration via the AMA.ZING Platform;

  11. “Applicants” mean natural persons applying to become a Member;

  12. “Application” means the official form in print or electronic form in terms of which an Applicants can apply to register as a Member;

  13. “Deposit” means a cash or electronic deposit or payment made for the purchase of AMA.ZING Coins and reflected in the Members AMA.ZING Diaspora Mobile Wallet;

  14. “Intellectual Property” means intellectual property owned by or licensed to Zing SA, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights;

  15. “Life Cover” means the life insurance or funeral benefits offered to a Member as the payer of the policy on a main life assured residing in Zimbabwe and governed by the Zing Life Policy and provided by Zingsure;

  16. “Member” means a natural persons who has applied for Diaspora Membership;

  17. “Membership Fee” means the amount payable upon Application as provided in the AMA.ZING Benefits Schedule or as otherwise agreed by Zing SA in writing, which provides Membership Status for the Membership Period;

  18. “Membership Period” means the period of membership covered by the Membership Fee as provided in the AMA.ZING Benefits Schedule or as otherwise agreed in writing by Zing SA;

  19. “Membership Status” is the status allocated to Activated Diaspora Members based on their elected benefits, rewards and value-added services as indicated in the AMA.ZING Benefits Schedule published on the Zing Platform;

  20. “Parties” means the parties to this Agreement being you (an Applicant and or Member) and Zing SA;

  21. “Quote” means the cost of AMA.ZING Coin plus fees payable by a Diaspora Member for the purchase of AMA.ZING Coins and is subject to a validity time frame. Fees include all charges that may be applicable. AMA.ZING coins are linked to US Dollars and the local currency equivalent will fluctuate from time to time resulting in different quoted amounts for AMA.ZING Coins;

  22. “Registering” means the completion of the Membership Application process and payment of the applicable Membership Fee;

  23. “Rewards” means benefits that are offered to members based on Membership Status as published in the AMA.ZING Benefits Schedule and available in terms of the Rewards Rules;

  24. “Zing” means Zing Holdings and Affiliated companies;

  25. “Zing Holdings” means Zing Holdings Limited, registered in Mauritius under registration number 168151 with the address 1st Floor, The Catalyst, Silicone Avenue, Cybercity, Ebene, Mauritius, 72201;

  26. “Zing Platform Content” means, amongst other material: text, graphics, images, software, audio, video, information and other materials published or made available through the AMA.ZING Platform;

  27. “Zing SA” means Zing SA (Pty) Ltd a company registered in South Africa, registration number 2015/2200847/07 and Licensed to register and activate AMA.ZING Diaspora Members, sell and promote AMA.ZING Coins and AMA.ZING Services and collect fees on behalf of Zing, Zing ZW and Zingsure;

  28. “Zingsure” means Zing Microinsurance Company (Private) Limited registered in Zimbabwe, company registration number 3407/2016 and a subsidiary of Zing Holdings;

  29. “Zing Website” means http://ama.zing.world and any other internet sites through which Zing or its suppliers promote and inform of services provided by the AMA.ZING and its suppliers;

  30. “Zing ZW” means Zing ZW (Private) Limited, a company incorporated in Zimbabwe and a subsidiary of Zing Holdings that supplies various products, services and facilities to Zing SA.

In this Agreement clause headings are for convenience and shall not be used in its interpretation, unless the context clearly indicates a contrary intention.

An expression which denotes:

any gender, includes the other genders;

the singular, includes the plural and vice versa;

a natural person, includes a juristic person and vice versa;

BECOMING AN AMA.ZING MEMBER

Applicants may apply to become a Member by registering on the AMA.ZING Platform and through the AMA.ZING Customer Service Centre.

Applicants not residing in the territory in which they are registering for access to AMA.ZING Services will automatically default to Diaspora Membership status and will need to supply their name, surname and mobile number to register on the AMA.ZING Platform. Membership is not limited to Zimbabweans.

Applicants may choose to register for FREE or subscribe for paid Membership Status as may be applicable in their elected territory. Membership Status, Membership Fees and associated benefits will be as published in the AMA.ZING Benefits Schedule on the AMA.ZING Platform.

The Member will choose a secure PIN access number which must be used to access transactions services, benefits and rewards associated with his or her elected Membership Status.

Accounts may be linked to the Member's mobile device to assist with communications.

Deposits and other payments for the purchase of AMA.ZING Coins are strictly allocated to Zing SA for AMA.ZING Services.

AMA.ZING SERVICES

AMA.ZING Services are made available to Members on the following terms and conditions:

Zing does not guarantee that AMA.ZING Services subscribed for will be available at all times and neither Zing, nor its Third Party Providers will be responsible or liable for any loss whatsoever or howsoever arising as consequence of non-availability of such services. AMA.ZING Services are not fault free and Zing will not be liable for losses or damages caused by factors including (but not limited to):

  1. acts of God, geographical topography, weather conditions, planned maintenance or rectification work by infrastructure providers, strikes, lockouts, government authority actions and other such instances beyond Zing’s (or its service providers') reasonable control which may adversely interfere with the quality and provision of such services;

  2. the failure of an AMA.ZING Accredited Outlet to take deposits;

  3. the failure of the Member to have sufficient AMA.ZING Coins in his or her Account;

  4. the Account is on hold or access blocked;

  5. applicable law prevents the transaction;

  6. other exceptions as provided in applicable law, this Agreement or any other agreement governing the related Account.

Activated Diaspora Members will enjoy access to an AMA.ZING Diaspora Mobile Wallet account which will record all AMA.ZING Coin purchases, AMA.ZING Coin balances, AMA.ZING Coin redemptions, rewards and transfers.

Members are responsible for safeguarding their PIN access numbers for their AMA.ZING Diaspora Mobile Wallet account and to ensure the information and details provided when performing a transaction are correct in which regard the Member will have no claim whatsoever against Zing or its Third Party Providers.

Members must destroy all written record of the PIN access number, not cause any written record of the PIN access number to be made or retained and should memorise the PIN access number and not disclose it to anyone.

The Member must notify Zing SA via email at info@zing.world or contact the AMA.ZING call centre on the number provided on the Zing Website when he or she discovers that his or her AMA.ZING account has been compromised.

The Member remains responsible for transactions via his or her AMA.ZING Diaspora Mobile Wallet until Zing SA has been properly notified and the member account blocked on the AMA.ZING Platform. The Member indemnifies and holds Zing and its Third Party Providers harmless in this regard.

The AMA.ZING Diaspora Mobile Wallet account and various transactions may be governed by transaction limits imposed by authorities, Zing, Third Party Providers and businesses and any attempt to exceed these limits may result in your Account being suspended.

Members will incur transaction charges for Deposits against the purchase of AMA.ZING Coins. Transaction fees may include third party fees, exchange rate fees and other applicable charges. All fees will be included on the Quote for AMA.ZING Coin purchases. Quotes for the purchase of AMA.ZING Coins may be subject to time limits. Members that have not deposited funds against a confirmed Quote in the stipulated time will be required to request a new AMA.ZING Coin quote.

Members will not incur additional transaction fees for the redemption of AMA.ZING Coins when buying products or paying bills unless the fees are clearly indicated at the time of the transaction.

Transactions charges via third party providers will be included in AMA.ZING Coin purchase quotes and Members will not be required to pay any additional fees that are not highlighted.

Members authorise Zing to debit their AMA.ZING Coin balance and transfer amounts to give effect to transactions authorised by the Member and to credit their Account with rewards as may be applicable.

Zing may suspend, restrict or terminate a Members AMA.ZING Diaspora Mobile Wallet (in whole or in part) and or close an Account without notice and without any liability whatsoever (Zing will however, where possible, try to inform Members that such action is or may be taken) under the following circumstances:

  1. If Zing is aware or has reason to believe that an Account is being used in an unauthorised, unlawful or improper or fraudulent manner;

  2. If a Member fails to comply with any conditions related to the AMA.ZING Services, including this Agreement;

  3. If a Member notifies Zing SA that his or her PIN access number has been disclosed to another person;

  4. If required to do so upon the instruction of a government or other legal authority;

  5. Upon failure to pay a prescribed Membership Fee, where applicable.

All other matters relating to an Account will be dealt with by us through our contact centres or other published channels of communication.

MEMBERSHIP FEES

Activated Diaspora Members may access the AMA.ZING Platform and AMA.ZING Services for Free. Where a Member elects to subscribe for a paid Membership Status, the Membership Fees payable will be redeemed against the Members AMA.ZING Coin balance.

Membership Fees are as published on the Application Form or via the AMA.ZING Platform.

Membership Fees unless otherwise stated or the context requires are inclusive of any applicable value added taxes (where applicable) and transaction charges and Zing reserves the right to adjust such fees in which event Members will be notified by SMS or other communication.

If this Agreement terminates for whatever reason, AMA.ZING Coin balances are non-refundable.

LIFE INSURANCE COVER

The redemption of AMA.ZING Coins against the payment of the Membership Fees in accordance with the Payment Terms and activation of the Account may entitle the Member to Activation Benefits, as more fully described in the AMA.ZING Benefits Schedule or as agreed in writing.

As an Activated Diaspora Member your free insurance cover is on the life of a nominated Main Life Assured residing in the territory in which you have subscribed. The Life Cover benefit will only be active once your nominated Main Life Assured’s details have been verified and confirmed by Zingsure in accordance with insurance data requirements. Such verification may be done via the AMA.ZING Mobile Application, AMA.ZING representative or AMA.ZING call centre.

Active Diaspora Members are referred to the Zing Life Policy which sets out the terms of cover, claims procedures and communications.

Active Members are however informed that, unless otherwise provided in writing, Life Insurance Cover takes effect once verification has been completed and thereafter provided that membership is still in place and has not been terminated or suspended for any reason.

REWARDS

Rewards and incentives introduced via the AMA.ZING Platform are subject to and in terms of the Reward Rules which will be published from time to time on the Zing Platform or otherwise transmitted and communicated directly to Members from time to time.

Rewards benefits will be audited by Zing's auditors in the interests of transparency and to protect the integrity of the business methodology.

Zing reserves the right to retract any benefits through its Third Party Providers.

HELP DESKS

Diaspora Members are referred to the help desk contact number (+27) 0870010515 or email info@zing.world for complaints, queries or terminations relating to membership. The help desk is available from 8am to 5pm on working days.

GENERAL USAGE

Zing Holdings licenses parties to access the AMA.ZING Platform and AMA.ZING Services for the benefit of Members, Third Party Providers, visitors, Merchants, Billers and other authorised persons only.

Zing Platform Content may not be used or exploited for any commercial or non-personal purposes without the prior written consent of Zing. Any person or business entity wishing to use the Zing Platform Content or AMA.ZING Platform or AMA.ZING Services for commercial purposes, should contact Zing SA, on the numbers provided on the Zing Website, where a consultant will be able to assist with the various Corporate, Merchant and or Biller solutions on offer.

Use of the AMA.ZING Platform is permitted for lawful purposes only. Unauthorised use of the Platform includes posting or transmission of data or use of the platform in any manner which violates or infringes in any way upon Zing rights, Member rights or Third Party Provider rights, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Platform may lead to Zing SA instituting legal proceedings against the offender.

All licenses and/or permissions granted by Zing are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Zing at any time and without prior notice or reasons.

Members and other users recognise that there may be a data charge by third party providers in respect of the use of the AMA.ZING Platform. Zing SA provides the Platform which facilitates the benefits and services. It is the Member's responsibility to acquire and maintain at their own cost the necessary accessories and third party services, including specifically but not limited to data bearer services, to use the AMA.ZING Platform and access the AMA.ZING Services.

INTELLECTUAL PROPERTY

Intellectual Property including intellectual property in respect of the AMA.ZING Platform is the property of or is licensed to Zing and as such, is protected from infringement by the intellectual property laws of South Africa and by international legislation and treaties. Subject to the rights licensed herein, Zing and / or its suppliers and affiliates reserve all other rights to all intellectual property in respect of the AMA.ZING Platform.

No person may amend, copy, use, decompile and / or reverse engineer the source code of the software making up the AMA.ZING Platform or otherwise use the Intellectual Property except as directly intended by this Agreement or in Zing’s interest.

No person may do anything or cause anything to be done which does or might reduce the value of the Intellectual Property and parties agree to notify Zing SA of any suspected infringement of the Intellectual Property.

Counterparties to these terms and conditions undertake, so far as concerns works provided or made available by Zing, they will not:

  1. Use it in any way not anticipated by this Agreement;

  2. Give access to it to any other person than the licensee;

  3. In any way provide any information about it to any other person or person generally save as contemplated in this Agreement.

DISCLAIMERS AND LIMITATION OF LIABILITY

These paragraphs apply so far as the applicable law allows.

All implied conditions, warranties and terms are excluded from this Agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

Zing’s liability to Members is limited to the aggregate of fees charged to a Member. Zing shall not be liable for any consequential, economic or other loss even if such loss was reasonably foreseeable or Zing SA knew it might be incurred.

Zing will take all reasonable steps to ensure that the AMA.ZING Platform correctly records and facilitates transactions and reward incentives.

Zing does not guarantee that transactions can be performed at all times. Zing is in no way liable for circumstances beyond its control, such as functioning of banking systems, network failure, device malfunctions and other systems and equipment relevant to accessing the AMA.ZING Platform and AMA.ZING Services.

Complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, Zing gives no warranty or representation that its services will be wholly free from defects, errors and bugs.

PRIVACY POLICY, SECURITY AND CONTENT

By using the AMA.ZING Platform and AMA.ZING Services, users and Members authorise Zing to electronically collect, store and use personal and other information. The purpose, use and protection applicable to this information is set out in Zing’s Privacy Policy which forms part of this Agreement.

An Account will be encrypted and access restricted by means of encryption measures. Zing will take measures, within reason, to ensure that the use of the AMA.ZING Platform is protected from unauthorised access. Zing does not, however, warrant that these measures will result in information being absolutely secure.

Information, ideas and opinions expressed via the AMA.ZING Platform should not be regarded as professional advice or the official opinion of Zing and Members are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed via the AMA.ZING Platform.

Zing does not make any warranties or representation that content and services available via the AMA.ZING Platform shall in all cases be true, correct or free from any errors. Zing shall take all reasonable steps to ensure the quality and accuracy of content posted, by Zing to users.

Any offensive false or misleading content originating from anyone other than Zing is the responsibility of such person and Zing shall not be liable in any way for this content.

Members are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content to Zing SA and Zing undertakes, insofar as it is able, to correct and/or remove Zing Content found to fall within the aforementioned categories.

NOTICES AND DOMICILIUM

The Member chooses his registered mobile number on the AMA.ZING Platform for all purposes under this Agreement as the primary channel for all notices and communications.

GENERAL

This Agreement constitutes the entire agreement between the Parties in respect of the subject matter thereof and no other conditions, warranties and representations shall be of any force or effect other than those, which are included herein.

No alterations or variation to this Agreement shall be of any force or effect unless it is verified in writing by Zing SA.

No failure by a Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a Party's right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

Zing shall be entitled to without notice to Members cede or assign all or any of their rights and obligations hereunder.

Members shall not be entitled to cede or assign any of its rights or obligations under this Agreement without Zing SA's prior, written consent.

In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable provided that the remaining provisions shall remain of full force and effect. If any valid term is capable of amendment to render it valid, the Parties agree to negotiate an amendment to render it valid.

The termination of this Agreement will not affect those provisions which of necessity must continue to have effect after termination.

The provisions of this Agreement shall be governed by and construed in accordance with the Laws of the Republic of South Africa.

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