These terms and conditions are the contract between Zing Holdings Limited and any person visiting or using our AMA.ZING Platform. Subscription for Membership and our Member terms of service are governed by the Members Terms of Service specific to each territory where our Members are registered.
By visiting or using our Zing Website, you agree to be bound by the applicable terms set out herein. Content on our Website includes our own content as well as publication of content from our affiliated companies and may include content provided by our affiliated companies, suppliers, affinity groups and other trade connections.
Please read these terms carefully. If you do not agree with these terms as a visitor or user of the Website, you should leave our Website immediately.
You must be over 18 years old in order to register as a member on the AMA.ZING Platform.
In this Agreement, unless inconsistent with or otherwise indicated by the context:
"Affiliated" means all subsidiaries and affiliate organisations attached to Zing Holdings including Zing ZW and ZING SA
"Agreement" means the agreement set out in this document;
"AMA.ZING" means the trademark of Zing and the membership programme together with the benefits, products, features and rewards offered in various territories in which Zing operates;
"AMA.ZING Platform" means Zing Website, Mobile Wallet, Mobile Applications, other secure, proprietary information technology hardware and software (licensed to or owned by Zing Holdings), AMA.ZING Membership Card, AMA.ZING Accredited Outlets, AMA.ZING Customer Service Centre, relationships and personnel through which the AMA.ZING Services are provided;
"Intellectual Property" means intellectual property owned by or licensed to Affiliated companies, 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;
"Parties" means the parties to this Agreement being you (a visitor to or user of the Zing Websites) and Zing Holdings;
"Zing" means Zing Holdings and Affiliated companies.
"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;
"Zing SA" means Zing SA (Pty) Ltd, a subsidiary of Zing Holdings, incorporated in South Africa;
"Zing Website" means http://ama.zing.world and any other internet sites through which Zing Holdings or its suppliers promote and inform of services provided by AMA.ZING and its suppliers;
"Zing Website Content" means, amongst other material: text, graphics, images, software, audio, video, information and other materials published or made available through the Zing Website;
"Zing ZW" means Zing ZW (Private) Limited, a subsidiary of Zing Holdings, incorporated in Zimbabwe;
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;
This Agreement shall be governed by and construed and interpreted in accordance with the laws and regulations of the Republic of Zimbabwe ("applicable law").
CHILDREN ON ZING WEBSITE
Whatever the age of consent in the country of visitors to Zing Websites, Zing is anxious that they should be protected from unsuitable content. To protect their children, visitors and users of the Zing Websites should know our policy, which is as follows:
Zing does not knowingly collect personal information from any person under the age of 18 years.
Any person of any age may freely access any page of a Zing Website. Zing do not check identities nor necessarily moderate Zing Website Content.
It is a visitor or parent or guardian who provides access to Zing Websites for children in their care. It is for the child carer to check that the content is suitable for the children in their care.
Where links are concerned, child carers may like to check the privacy policies of those sites where children in their care might visit frequently to see how they collect and use information. Filter software may be useful.
Users and visitors acknowledge that Zing is not responsible for Content that anyone, other than authorised Zing representatives, places on Zing Websites or for the content accessed through any links.
Visitors and users now agree to waive any claim they may otherwise have against Zing on account of age-related suitability of Zing Website Content and to indemnify Zing against any claim made by any person on behalf of a child in their care.
Zing licenses parties to access the Zing Websites provided that such access is for personal use and benefits visitors to the Websites or other authorised persons only.
Zing Website Content may not be used or exploited for any commercial or non-personal purposes without the prior written consent of Zing.
Use of the Zing Website is permitted for lawful purposes only. Unauthorised use of the Zing Website includes posting or transmission of data which violates or infringes in any way upon Zing, its clients, members, supplier or affiliate rights or third parties' rights, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Zing Website may lead to Zing 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.
Visitors recognises that there may be a data charge by third party service providers in respect of the use of the Zing Website.
Intellectual Property including intellectual property in respect of the Zing Website is the property of or is licensed to Zing and as such, is protected from infringement by the intellectual property laws of of the territory in which the infrigement occurs and by international legislation and treaties. Subject to the rights licensed herein (see section 3 above), Zing and / or its suppliers reserve all other rights to all intellectual property in respect of the Zing Website.
No person may amend, copy, use, decompile and / or reverse engineer the source code of the software making up the Zing Platform or otherwise use the Intellectual Property except as directly intended by this Agreement or in Zing 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 Holdings 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:
Use it in any way not anticipated by this Agreement;
Give access to it to any other person than the licensee;
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
The law differs from one country to another. This paragraph applies 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 makes no representation or warranties that the Zing Websites will be:
Useful to all visitors;
Of satisfactory quality;
Fit for a particular purpose;
Available without interruption or error.
Zing disclaims any obligation or liability for any users arising directly or indirectly from their use of the Zing Websites. Zing's obligations to its members are set out in its Member Terms of Service.
Zing’s liability to Members is limited to the aggregate of Membership 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 knew it might be incurred.
Zing will take all reasonable steps to ensure that the Zing Website correctly communicates its services and benefits and accepts no responsibility for third party advertisements posted on the Zing Websites.
Information, ideas and opinions expressed via the Zing Website should not be regarded as professional advice or the official opinion of Zing and visitors are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed via the Zing Website.
Zing does not make any warranties or representation that content and services available via the Zing Website 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 and visitors.
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.
Visitors are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content to Zing Holdings and Zing undertakes, insofar as it is able, to correct and/or remove Zing Website Content found to fall within the aforementioned categories.
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.
Zing may at any time amend these terms and conditions via Zing Websites.
No alterations or variation to this Agreement shall be of any force or effect unless it is verified in writing by Zing.
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.
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.