SAHWIRA DRAW TERMS AND CONDITIONS
Nyaradzo Online Shop is a self-service online platform, provided to you as part of some or all of the products or services you hold, and is defined below.
These Nyaradzo Online Shop Terms and Conditions (hereinafter referred to as “Ts&Cs”) govern your use of your Nyaradzo Login ID and Nyaradzo Online Shop. You accept these Ts&Cs each time Nyaradzo Online Shop is accessed by you.
In these Ts&Cs, the following terms have the following meanings:
Nyaradzo means Nyaradzo Life Assurance Company and its related companies in the Nyaradzo Group.
Account means each account relating to one or more products or services which you have signed up for under the relevant Account Terms and Conditions and is accessible through Nyaradzo Online Shop, excluding Third Party Accounts.
Customer means any natural or juristic person who enters or intends to enter into an electronic transaction with Nyaradzo Online Shop as the user of the goods or services offered.
Products means all products or services displayed for sale on the Nyaradzo Online Shop.
Login ID means login identification, which is a code issued to you in terms of your Nyaradzo Policy to be used to login to the Nyaradzo Online Shop.
Nyaradzo Online Shop means the online self-service shop selling Nyaradzo products.
User means any person who enters or uses the Nyaradzo Online Shop, who is issued with a Login ID and Your has a corresponding meaning.
Working Days means between 08h00 to 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of Zimbabwe.
2. NYARADZO ONLINE SHOP TECHNICAL ACCESS
You are responsible for obtaining access to the Nyaradzo Online Shop and that access may involve third party fees (such as internet service provider charges) for which you are liable. In addition, you must provide and are responsible for all equipment necessary to access Nyaradzo Online Shop. You acknowledge that we reserve the right to log you out of a Nyaradzo Online Shop session at any time (for example where once logged on, you are inactive for a certain period of time).
3. ORDERING, PRICING AND PAYMENT
- These T&Cs apply to all orders for the supply of Nyaradzo Products to you.
- An order is deemed complete when:
- An offer is made to you to purchase the product(s) displayed,
- You make payment through the designated payment methods; and
- This is accepted by Nyaradzo Online Shop through a pop-up message or any other means which Nyaradzo Online Shop introduces from time to time.
- Once an Order has been made it cannot be cancelled by the Customer.
- Availability – all products supplied are subject to availability. Should an order have been accepted in terms of clause 3.1.2 and the Product(s) are not available, Nyaradzo Online Shop will issue a refund within a reasonable period.
4. PRODUCT DESCRIPTIONS
Nyaradzo attempts to be as accurate as possible. However, Nyaradzo does not warrant that product descriptions or other content of any Nyaradzo service is accurate, complete, reliable, current, or error-free. If a product offered by Nyaradzo itself is not as described, your sole remedy is to return it in unused condition.
5. RISK AND OWNERSHIP
Once the Order has been delivered or collected by you, the risk in and to the Products will pass to you as the Customer.
6. MARKETING AND OTHER COMMUNICATIONS
You acknowledge that Nyaradzo Online Shop may include certain communications from us, such as service announcements, administrative messages and marketing material and that these communications are considered part of Nyaradzo Online Shop and you will have to opt out of receiving them. You also consent to us sending you service announcements and/or administrative messages by any electronic means including posting notices on Nyaradzo Online Shop, or by email and/or SMS if you have previously provided us with these contact details.
7. VARIATION OF THE TERMS AND CONDITIONS
- We may change these T&Cs by giving you notice of the variation in the following manner:
- Where the variation would cause you detriment, by giving you at least 21 days written notice by email, if you have provided us with a current email address, or, where we do not hold a current email address for you, by posting a notice on Nyaradzo Online Shop which will take effect 21 days after posting; or
- Where the variation would not cause you detriment, by posting a notice on Nyaradzo Online Shop, and such variations will take effect 7 days after posting.
8. REFUSAL OF ACCESS
- You agree that Nyaradzo Online Shop may, at its discretion, suspend, limit or terminate your use of and access to the online platform for any of the following reasons:
- Breach or violation or suspected breach or violation of these T&Cs, any other incorporated agreements or guideline;
- Failure to comply with our obligations under any applicable laws;
- Fraud or suspected fraud;
- Requests by law enforcement or other government agencies to do so; and
- Unexpected technical or security issues or problems.
- Where possible, we will give you reasonable notice of termination, however this will not be possible in all circumstances.
9. MAINTENANCE OF THE NYARADZO ONLINE SHOP
- Nyaradzo Online Shop may be taken down from time to time for maintenance. When this is necessary, a notice will be sent and maintenance will be done at times which cause minimal disruption to you.
- Nyaradzo Online Shop assumes no responsibility for any interruption, defect, delay in the operation or transmission, technical malfunction and/or any other problem relating to or resulting from Nyaradzo Online Shop being offline or unavailable.
If any provision of these T&Cs is determined by a court of competent jurisdiction to be invalid or void for any reason whatsoever, the parties agree that the provision or part of the provision found to be invalid or void should be severed and the rest of the T&Cs shall remain in full force and be construed as if it did not contain the particular provision to give effect to the parties’ intentions.
- The Products supplied by us shall be suitable only for purposes designed and intended and you shall ensure the Products are handled, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.
- Nyaradzo Online Shop shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these T&Cs.
Nyaradzo Online Shop may provide you with notices, including those regarding changes to these T&Cs, by email or postings on Nyaradzo Online Shop. You should check for any such changes each time you use Nyaradzo Online Shop.
13. LIMITATION OF LIABILITY
- You acknowledge and agree that Nyaradzo shall not be liable to you or any third party for any damages or loss resulting from us acting in accordance with these T&Cs for example (but not limited to):
- Termination of your access to Nyaradzo Online Shop;
- Limitation on the number of, deleting or failing to Shop any content or messages which are produced or available on Nyaradzo Online Shop.
- Unless such liability or loss has been caused by our own negligence, fraud or default under these T&Cs.
- You acknowledge and agree that, Nyaradzo shall not be liable to you or any third party for any damages or loss resulting from your failure to comply with your obligations under these T&Cs for example (but not limited to):
- Your failure to keep your Login ID and Password secure,
- Allowing a third party to access Nyaradzo Online Shop using your Login details,
- Any unauthorised use of Nyaradzo Online Shop, including by any third party, unless you promptly advise us that there has been, or you suspect unauthorised use of your Login ID and Password
- Your failure to provide us with updated information (including your contact details),
- Content that you post on Nyaradzo Online Shop in breach of these T&Cs
- Any interference with or damage to (or any attempt to interfere with or damage) any code, data or software associated with Nyaradzo Online Shop caused by or facilitated by you;
- Unless such liability or loss has been caused by Nyaradzo’s negligence, fraud or default under these T&Cs.
- You acknowledge and agree that Nyaradzo shall not be liable to your or any third party for any damages or loss resulting from or in any way related to:
- any modification, delay, interruption, suspension, unavailability or discontinuance of the Nyaradzo Online Shop or any of the services made available through other websites, applications or portals;
- any fault, error or defect in design or engineering of Nyaradzo Online Shop
- any damage to your computer system or damage to or loss of data that results from download of any material associated with, or accessed through, Nyaradzo Online Shop;
- any inaccuracy or incompleteness of information or data available via Nyaradzo Online Shop;
- your reliance on any general advice, research or information available on Nyaradzo Online Shop; and/or
- your reliance on the services made available through Nyaradzo Online Shop,
- Unless such liability or loss has been caused by Nyaradzo’s negligence, fraud or default under these T&Cs.
- If a right or term implied by law (whether by statute or otherwise) is capable of exclusion, it is hereby excluded. If a right or term implied by law (whether by statute or otherwise) cannot be excluded, but our liability for the breach of such right or term is capable of limitation, then we hereby limit our liability for such breach to either of the following at our discretion:
- The resupply to you of the relevant Nyaradzo Online Shop product; or
- The payment of the cost of resupply of the relevant Nyaradzo Online Shop product.
- You consent to our collecting, holding, using and disclosing your personal information for:
- Setting up your access to and administering your use of Nyaradzo Online Shop,
- Enabling us to deliver a more comprehensive service in relation to your products and services, including providing you and us with an integrated view of, access to, such products and services; and
- Communication with you about our other products or services which we believe may interest you, unless you tell us not to.
- You consent to our tracking and monitoring your use of Nyaradzo Online Shop and any resultant information being used and disclosed for our internal purposes or as otherwise disclosed above. Additionally, such information may be transferred to any of our overseas offices or third parties (which may be based overseas) to process information on our behalf.
- You agree to promptly inform us of any changes to any information you have provided to us in the course of applying for a product or service and/or accessing Nyaradzo Online Shop.
Our failure or delay to exercise or enforce any right or provision of these T&Cs does not constitute a waiver of that right or provision.
You agree that your rights under these T&Cs are non-transferable and all rights, including rights over any information about you held by Nyaradzo, terminate upon your death.
The headings and titles in these T&Cs are for convenience only and have no legal or contractual
18. APPLICABLE LAW
By using Nyaradzo Online Shop you agree that laws of the Republic of Zimbabwe shall govern these T&Cs of use and any dispute arising between you and Nyaradzo shall be submitted to the non-exclusive jurisdiction of the Courts of Zimbabwe.
All content included in or made available through any Nyaradzo Online Shop service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Nyaradzo or its content suppliers and protected by Zimbabwe and international copyright laws. The compilation of all content included in or made available through any Nyaradzo Online Shop service is the exclusive property of Nyaradzo and protected by Zimbabwe and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nyaradzo Online Shop are trademarks or trade dress of Nyaradzo in Zimbabwe and other countries. Nyaradzo’s trademarks and trade dress may not be used in connection with any product or service that is not Nyaradzo’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nyaradzo. All other trademarks not owned by Nyaradzo that appear in any Nyaradzo Online Shop are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nyaradzo.