Privacy Policy
TERMS OF USE
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this platform, businessmart.co.zw (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site AND/OR You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you have the option to stop using our platform immediately. These Terms of Use do not apply to the sale of goods. Please refer to our Terms of Sale for more information.
“Account” means an account required for a User to access and/or use certain areas of Our Platform, as detailed in Clause 4; “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a device that appears on, or forms part of, Our Platform; “User” means a user of Our Platform; “User Content” means any content submitted to Our Platform by Users including, but not limited to, product information, its reviews, comments, and search history. “We/Us/Our” means Global Development Services , a company registered primarily registered in South Africa under Registration Number 2022/555134/07 whose 100% owned subsidiary is Global Development Services (Zimbabwe)
Information About Us 2.1 Our platform, businessmart.co.zw, is owned and operated by Global Development Services, a Private Limited company registered in Zimbabwe and subsidiary of GDS South Africa. 2.2 [We are a member of «insert name(s) of association(s) etc.».]
Access to Our Platform 3.1 Access to Our Platform is free of charge. 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site. 3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Accounts 4.1 Certain parts of Our Site (including the ability to Sell and Purchase goods through Us) may require an Account in order to access the offered services. 4.2 You may not create an Account if you are under 16 years of age. 4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date. 4.4 We [require] OR [recommend] that you choose a strong password for your Account, consisting of alpha numeric, e.g., a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. [You must not share your Account with anyone else.] If you believe your Account is being used without your permission, please contact Us immediately at help@businessmart.co.zw. We will not be liable for any unauthorised use of your Account. 4.5 You must not use anyone else’s Account [without the express permission of the User to whom the Account belongs]. 4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law of Zimbabwe, as set out in Clause 17. 4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to Specialised Service areas of Our Platform requiring an Account for access. 4.8 If you close your Account, any User Content, e.g., reviews, comments, etc you have created on Our Platform will be deleted OR anonymised by removing your username and avatar.
Intellectual Property Rights 5.1 With the exception of User Content (see Clause 6), all Content included on Our Platform and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable Zimbabwean and International Intellectual property laws and treaties. 5.2 Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Platform unless given express written permission to do so by Us.
5.3 You may: a) Access, view and use Our Platform in a web browser (including any web browsing capability built into other types of software or app); b) Download Our Platform (or any part of it) for caching; c) Print [one copy of any] page(s) from Our Platform; d) Download extracts from pages on Our Platform; and e) Save pages from Our Platform for later and/or offline viewing. 5.4 Our status as the owner and author of the Content on Our Platform (or that of identified licensors, as appropriate) must always be acknowledged. 5.5 You may not re-use any Content printed, saved, or downloaded from Our Platform for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Platform whether by business users or consumers. 5.6 [Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
User Content 6.1 User Content on Our Platform includes (but is not necessarily limited to) all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a device that appears on, or forms part of, Our Platform. 6.2 An Account is required if you wish to publish User Content. Please refer to Clause 4 for more information. 6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12. 6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach. 6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant other Users the right to copy and quote your User Content within Our Platform. 6.6 If you wish to remove User Content from Our Site, the User Content in question will be [deleted] OR [anonymised]. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control). 6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result. 6.8 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
No Scraping, Text or Data Mining 7.1 You may not in any way undertake, enable, permit, authorise, or facilitate any form of web scraping or text or data mining on or with respect to any part of Our Platform. 7.2 You may not use any part of Our Platform or any data, Content, or information included on Our Platform, for the purposes of developing or training AI models or systems. 7.3 The prohibition set out in this Clause 7 covers all purposes for which such activities may be carried out including, but not limited to, the development or training of AI models or systems. This includes, but is not limited to, the use of: a) Any bot, robot, scraper, spider, or other automated system, software, algorithm, code, process, tool, or methodology used to access, obtain, copy, or republish any data, Content, or information included on Our Platform; and b) Any automated techniques designed to analyse digital text or data in order to generate information or to develop or train AI models or systems. 7.4 Sub-Clauses 7.1 to 7.3 shall apply to the fullest extent permissible by law.
Links to Our Site 8.1 You may link to Our Platform provided that: a) you do so in a fair and legal manner; b) you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists; c) you do not use any logos or trademarks displayed on Our Platform without Our express written permission; and d) you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it. 8.2 [You may link to any page of Our Platform.] OR 8.2 [You may not link to any page other than the homepage of Our Platform, www.businessmart.co.zw. Deep linking to other pages requires Our express written permission. Please contact Us at infor@businessmart.co.zw for further information.] 8.3 Framing or embedding of Our Platform on other websites is not permitted without Our express written permission. Please contact Us at tech@businessmart.co.zw for further information. [This does not prohibit the content displayed in link previews that may be automatically generated by certain websites and apps including, but not limited to, social media.] 8.4 You may not link to Our Platform from any other site the main content of which contains material that: a) is sexually explicit; b) is obscene, deliberately offensive, hateful or otherwise inflammatory; c) promotes violence; d) promotes or assists in any form of unlawful activity; e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age; f) is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; g) is calculated or is otherwise likely to deceive another person; h) is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; i) misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4); j) implies any form of affiliation with Us where none exists; k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, and database rights) of any other party; or l) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 8.5 The content restrictions in sub-Clause 8.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Links to Other Sites Links to other sites may be included on Our Platform. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Liability and Disclaimers 10.1 Nothing on Our Platform constitutes advice on which you should rely. It is provided for information purposes only. [Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Platform.] 10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Platform will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 10.3 We make reasonable efforts to ensure that the Content on Our Platform is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date. Please note that this exception does not apply to information concerning goods for sale through Our Platform. Please refer to Our Terms of Sale for more information. 10.4 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Platform or the use of or reliance upon any Content (including User Content) included on Our Platform. 10.5 If you are a business user, We hereby exclude all implied conditions, warranties, representations, or other terms that may apply to Our Platform or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. 10.6 If you are an individual class of user, [please note that Our Platform is intended for business use only, however] if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our platform damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details on consumer rights, please contact your local Consumer Council Office or Standards Association of Zimbabwe Office. 10.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. 10.8 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. 10.9 The limitations of liability included in this Clause 10 apply only to the use of Our Platform and not to the sale of goods, which is governed separately by Our Terms of Sale.
Viruses, Malware and Security 11.1 We exercise all reasonable skill and care to ensure that Our Platform is secure and free from viruses and other malware. 11.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks. 11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform. 11.4 You must not attempt to gain unauthorised access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform. 11.5 You must not attack Our Platform by means of a denial-of-service attack, a distributed denial of service attack, or by any other means. 11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities, and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Platform will cease immediately in the event of such a breach.
Acceptable Usage Policy 12.1 You may only use Our Platform in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically: a) you must ensure that you comply fully with any and all local, national, or international laws and/or regulations; b) you must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent; c) you must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and d) you must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way. 12.2 When submitting User Content (or communicating in any other way using Our Platform), you must not submit, communicate or otherwise do anything that: a) is sexually explicit; b) is obscene, deliberately offensive, hateful, or otherwise inflammatory; c) promotes violence; d) promotes or assists in any form of unlawful activity; e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age; f) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; g) is calculated or is otherwise likely to deceive; h) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to; i) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2); j) implies any form of affiliation with Us where none exists; k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks, and database rights) of any other party; or l) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 12.3 We reserve the right to suspend or terminate your access to Our Platform if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions: a) suspend, whether temporarily or permanently, your Account and/or your right to access Our Platform; b) remove any User Content submitted by you that violates this Acceptable Usage Policy; c) issue you with a written warning; d) take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; e) take further legal action against you as appropriate; f) disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or g) any other actions which We deem reasonably appropriate (and lawful). 12.4 We hereby exclude any and all liability arising out of any actions (including but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
Privacy and Cookies Use of Our Platform is also governed by Our Data Privacy Policy, [and Our Cookie Policy, available from. [This policy is] OR [These policies are] incorporated into these Terms of Use by this reference.
Changes to these Terms of Use 14.1 We may alter these Terms of Use at any time. [If We do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you upon your first use of Our Platform after the changes have been implemented. You are therefore advised to check this page from time to time. 14.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Contacting Us To contact Us, please email Us at infor@businessmart.co.zw or service@businessmart.co.zw or through our platform Contact Us page available on through infor@businessmart.co.zw
Communications from Us 16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email or through Our Notifications channel. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account. 16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. [Email marketing options can also be changed in Contact Us page from our platform.] If you opt out of receiving emails from Us at any time, it may take up to 3 business days for Us to comply with your request. During that time, you may continue to receive emails from Us. 16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at service@businessmart.co.zw or via infor@businessmart.co.zw