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Zimbabwe Members Terms of Service

Updated: 2018-07-17

INTRODUCTION

These terms and conditions are the contract between Zing ZW (Private) Limited, hereafter referred to as Zing ZW and trading as AMA.ZING and persons becoming Members by applying for, registering and activating their membership to access AMA.ZING Services within the Republic of Zimbabwe. Use of our AMA.ZING Platform is governed by our Site Terms.

By registering as a member, 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 any and all policies, rules, Third Party Provider terms and notices published on the AMA.ZING Platform. We reserves 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 you must refrain from Registering as a 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 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.

We will only activate your membership when we have received your Membership Fee, if applicable, and subject to us receiving additional activation information as may be required.

Activated Members may access our AMA.ZING Services on the AMA.ZING Platform and will enjoy the benefits published in the AMA.ZING Benefits Schedules. Benefits include products and services offered by Third Party Providers. Your membership is subject to the terms that govern their specific product offering.

AMA.ZING Benefits are linked to Membership Status and may include Rewards benefits from time to time. The Reward Rules specific to these Reward benefits will be published on the AMA.ZING Platform.

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 Member's membership account linked to the AMA.ZING Mobile Wallet and AMA.ZING Membership Card;

  2. “Activated Member” means a member that has completed the application process, 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 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 and Zingsure;

  5. “Agreement” means the agreement set out in this document, 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. “Applicants” mean natural persons applying to become a Member;

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

  8. “AMA.ZING Accredited Outlet” means an authorised representative (or other authorised agent), or AMA.ZING Kiosk;

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

  10. “AMA.ZING Coins” means a digital coin representation of Rewards points, each with a face value of US$0.01 (one cent), which can be converted or redeemed for products and services or used to transact on the AMA.ZING Platform, which are issued subject to the Rewards Rules.

  11. “AMA.ZING Kiosk” means customer service kiosks or distribution points operated by duly authorised and appointed representatives;

  12. “Registered Member” means a member that has applied for membership and paid the applicable Membership Fee;

  13. “AMA.ZING Membership Card” means the AMA.ZING branded membership card which includes a unique QR code for making payments at AMA.ZING merchants at points of sale, as well as a Personal Identification Number ('PIN access number') providing Members with access to the AMA.ZING Mobile Wallet;

  14. “AMA.ZING Mobile Wallet” means the members account used to record Deposits and transactions part of the AMA.ZING Services and backed by NBS;

  15. “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 ZW), AMA.ZING Membership Card, AMA.ZING Accredited Outlets, AMA.ZING Customer Service Centre, relationships and personnel through which the AMA.ZING Services are provided;

  16. “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;

  17. “Deposit” means a cash or electronic deposit or payment made into your Account through electronic means or at any AMA.ZING Accredited Outlet or Kiosk;

  18. “Intellectual Property” means intellectual property owned by or licensed to Zing ZW, 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;

  19. “Life Cover” means the life insurance or funeral benefits offered as part of the AMA.ZING Services and governed by the Zing Life Policy and provided by Zingsure;

  20. “Member” means natural persons who has applied for membership;

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

  22. “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 ZW;

  23. “Membership Status” is the status allocated to a Member based on their elected benefits, rewards and value-added services as indicated in the AMA.ZING Benefits Schedule published on the Zing Website;

  24. “NBS” means National Building Society Limited incorporated in accordance with the applicable laws with physical address 14th Floor Social Security Centre, Crn Sam Nujoma Street / Julius Nyerere Way, Harare;

  25. “NBS Card Facility” means a Zimswitch enabled debit card issued by NBS which allows for payment transactions at Zimswitch outlets and transfers to and from the AMA.ZING Mobile Wallet, ZIPIT and other transactions subject to NBS terms of use;

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

  27. “Payment Terms” means the terms of payment for membership and related benefits which may be once-off, annually, bi-annually or otherwise as set out in the AMA.ZING Benefits Schedule, Application Form or as agreed to in writing by Zing ZW according to payment methods which may include direct debits via an Account, Deposits, electronic funds transfer or other Zing ZW approved methods;

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

  29. “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;

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

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

  32. “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;

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

  34. “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;

  35. “Zing ZW” means Zing ZW (Private) Limited, a company incorporated in Zimbabwe and a subsidiary of Zing Holdings to whom the Zing Platform is duly licensed.

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 through authorised personnel, by registering on the AMA.ZING Platform and through the AMA.ZING Customer Service Centre.

A membership Account will be opened for Registered Members and an AMA.ZING Membership Card allocated and delivered to the Member via an AMA.ZING Accredited representative for Activation of the member account.

Registered Members will only be Activated upon receipt of additional information that may be applicable in order to activate the Registered Member’s AMA.ZING Mobile Wallet, NBS Card Facility and AMA.ZING Membership Card.

If the Membership is not Activated, the Applicant, to the extent that he or she has complied with the application procedures, will be entitled to a refund of the Membership Fee, which refund will be processed within 5 working days.

The AMA.ZING Membership Card remains the property of Zing who reserve the right to decline, issue and withdraw the AMA.ZING Membership Card. The AMA.ZING Membership Card must be surrendered to Zing ZW or its authorised agents on demand.

Members further acknowledge that Zing has the right at any time, and without notice to (i) render the AMA.ZING Membership Card unusable, or (ii) cause an AMA.ZING Accredited Outlet to impound the AMA.ZING Membership Card.

The Member will choose a secure PIN access number which must be used to access payment services associated to his or her allocated AMA.ZING Membership Card.

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

Deposits and other payments of Membership Fees are strictly allocated to Zing ZW for services associated with membership.

Accounts will be activated within 72 hours of approval of the Membership Application.

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 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 have available cash;

  3. the failure of the Member to have sufficient funds 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 members will enjoy access to an AMA.ZING Mobile Wallet account in order to transact, manage and monitor their Deposits, purchases, Rewards and balances. Members will also receive an AMA.ZING Membership Card to cater for card based transactions at participating merchants and billers.

Members are responsible for safeguarding their PIN access numbers, for both the AMA.ZING Membership Card and AMA.ZING Mobile Wallet 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 ZW via email at membership@zing.world or visit a designated AMA.ZING Accredited Outlet 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 Membership Card is lost or stolen.

The Member remains responsible for transactions via his or her AMA.ZING Membership Card or AMA.ZING Mobile Wallet until Zing ZW 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 Mobile Wallet account and various transactions may be governed by transaction limits imposed by authorities, Zing, NBS, Third Party Providers and businesses and any attempt to exceed these limits may result in your account and AMA.ZING Membership Card being suspended.

Transaction charges via the AMA.ZING Membership Card or AMA.ZING Mobile Wallet are, unless otherwise stated free of transactional fees.

Transactions charges via the NBS Card Facility shall apply at the rate published by NBS from time to time and will be applied to each chargeable transaction affected via the NBS Card Facility and charged by NBS directly.

Members authorise Zing ZW to debit their Member Account and transfer amounts to give effect to transactions authorised by the Member and to credit their Account with rewards.

Zing may suspend, restrict or terminate the AMA.ZING Membership Card or AMA.ZING Mobile Wallet (in whole or in part) and or close an Account and or require return of the AMA.ZING Membership Card 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:

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

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

If a Member notifies Zing ZW that their AMA.ZING Membership Card has been lost or stolen or his or her PIN access number has been disclosed to another person;

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

Upon failure to pay a prescribed Membership Fee.

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

The Membership Fees payable to Zing ZW are payable in the prescribed form and per the Payment Terms.

Membership Fees are as published on the Application Form or via the Zing Website or AMA.ZING Platform and Members undertake to pay such Membership Fees at appropriate AMA.ZING Accredited Outlets or by electronic transfer or direct debit of an Account as and when they become due in accordance with the Payment Terms.

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

If this Agreement terminates for whatever reason, Membership Fees are non-refundable.

LIFE INSURANCE COVER

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.

Your free insurance cover will only be active once your 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, AMA.ZING call centre or any AMA.ZING Accredited Outlet.

Active Members and their beneficiaries 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, as contemplated in 5.2 above 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 Websites or otherwise transmitted and communicated directly to Members from time to time.

Rewards benefits will be audited by Zing ZW'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

Members are referred to the help desk contact number +263 867 700 5142 or email membership@zing.world for complaints, queries or terminations relating to membership. The help desk is available from 8am to 5pm on working days.

Queries, complaints and other issues relating to NBS Debit Card facility must be referred to NBS directly.

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 ZW, 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 ZW 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 ZW 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 ZW and as such, is protected from infringement by the intellectual property laws of Zimbabwe and by international legislation and treaties. Subject to the rights licensed herein (see section 8 above), 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 ZW 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 ZW 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 ZW'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 ZW 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 ZW.

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 ZW'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 Zimbabwe.

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