GENERAL TERMS AND CONDITIONS
1.Introduction
1.1. Zizaa Express, an e-commerce platform from the IMPACT Group composed of a website and a
mobile application ("Zizaa Express"), as well as an IT infrastructure, a delivery service of the same name,
for the sale and the purchase of consumer products and services (“products”) in the territory allocated to
it.
1.2.These Terms and Conditions apply to buyers and sellers on Zizaa Express and govern their use of
the Zizaa Express application and all associated services.
1.3.By using our Marketplace, you accept these terms and conditions in full.
If you do not agree with these terms and conditions or any part of these terms and conditions, then
you should not use our application.
1.4.If you use our marketplace as part of a business or any other commercial project, in doing so you:
1.4.1.confirm that you have obtained the necessary authorization to accept these terms and conditions;
1.4.2.you undertake, as well as the person, company or other legal entity which operates this business or
commercial project, to comply with these general conditions; And
1.4.3.accept that the term "you", as used in these terms and conditions, refers to both the individual user
and the relevant person, company or legal entity, unless the context requires let it be otherwise.
2.Registration and account
2.1.You cannot register on Zizaa Express if you are under 18 years of age (by using our Marketplace or
accepting these terms and conditions, you warrant and represent to us that you are at least 18
years old).
2.2.If you register for an account on Zizaa Express, you will be asked to provide an email address/user ID
and password, and you agree to:
2.2.2. keep your password confidential;
2.3.Your account must be used exclusively by you and you must not transfer your account to any third
party under any circumstances. If you authorize a third party to manage your account on your
behalf (place orders, etc.), you do so at your own risk.
2.4.We may suspend or cancel your account, and/or change your account details, at any time, in our sole
discretion and without notice or explanation, provided that if we cancel products or services for
which you have already paid but that you have not yet received, and that you have not violated
these conditions
general, we undertake to reimburse you the amount you paid. See section 4.2 below for further
information on refunds.
2.5.You can, at any time, unsubscribe and delete your account on our marketplace, by contacting us using
the contact details indicated in section 26 below.
3. General Conditions of Sale
3.1.You acknowledge and agree that:
3.1.1.our application provides an online location and sales facilitation for sellers to list and sell their products
on our marketplace, and for buyers to purchase products offered by sellers;
3.1.2. we accept sales, on behalf of the sellers, but (unless on zizaa express it is indicated as seller) Zizaa
Express is not a party to the transaction between the seller and the buyer; And
3.1.3.a contract for the sale and purchase of one or more products will enter into force between the buyer and
the seller, and accordingly you undertake to buy or sell the product(s) concerned, upon confirmation
purchase by the buyer via our Marketplace.
3.2.Subject to these general conditions, the seller's commercial conditions govern the contract of sale and
purchase between the buyer and the seller. Notwithstanding the foregoing, the following provisions
shall be incorporated into the contract of sale and purchase between the buyer and the seller:
3.2.1.the price of any product will be that indicated in the list and description of the product concerned;
3.2.2.the price of any product must include all taxes and comply with applicable laws in
force from time to time;
3.2.3.delivery costs, packaging costs, other incidental costs and charges will not be the responsibility of the
buyer, and delivery of digital products (digital) can be carried out electronically;
3.2.4.the Products must be of adequate and satisfactory quality, suitable and safe for any purpose specified in
the Product List and any other description of the Products furnished or made available to the Buyer
by the Seller, and conform to all important considerations to this list; And
3.2.5. with respect to the physical Products sold, Seller warrants that it holds title to and is the sole legal and
beneficial owner of the Products and/or has the right to supply such Products in accordance with this
Agreement, and that these products are not subject to any third party rights or restrictions or
prohibitions, including with respect to intellectual property rights and/or any criminal, insolvency or
tax investigation or proceeding; and with respect to digital products (digital), the seller warrants that
it has the right to provide the digital products to the buyer.
3.2.5.The Seller warrants that, where a product sold has such terms, it will provide detailed information about the
terms of the product, any applicable warranties and any other terms necessary to inform the buyer about
the product and its use in the specifications section provided on each product page on our marketplace.
4.Returns and Refunds
4.1.Returns of products by buyers and acceptance of returned products by sellers will be handled by us in
accordance with the terms set out on the “Returns Page” which may be amended from time to time.
Acceptance of returns will be at our discretion, subject to compliance with applicable laws in the Territory.
4.2.Refunds for returned products will be handled in accordance with the conditions set out on the “Refunds page”
available on our Marketplace, which may be amended from time to time.
4.2.1. Under the price of the product;
4.2.2.for local and/or international shipping costs (as indicated on the shipping page
refunds on our marketplace); And
4.2.3.through vouchers, money transfers by mobile phone
money), or such other method as we may determine from time to time
4.3.Returned products will be accepted and refunds issued by Zizaa Express, acting for and on behalf of the seller.
Notwithstanding paragraphs 4.1 and 4.2 above, with respect to digital products or services and fresh food,
Zizaa Express will only issue refunds for failure or failure to deliver. Refunds of payment for these products
for any other reason will be subject to the seller's terms and conditions of sale.
4.4.Changes made to our “returns page” or the “refunds page” available on our Marketplace, will be effective and
apply to all purchases made from the date of publication of the said modification on our site Web.
5.Payments
5.1.You must make payments due under these terms and conditions in accordance with the Payment Information
and Guidelines available on our Marketplace.
6.Store credits
6.1.Loyalty Points or Purchase Bonuses may be earned and managed in accordance with the Terms and
Conditions, as may be amended from time to time. Zizaa Express reserves the right to cancel or withdraw
these rewards for any reason in its discretion, including if we suspect fraud or an unlawful act. You can
consult the general conditions of Zizaa Express relating to loyalty points or
bonus and information on your account relating to loyalty points (Zizaa Express
Account option, Loyalty points) on our website and mobile application.
7.Promotions
7.1.Promotions and competitions organized by Zizaa Express and/or other promoters or advertisers will be
administered in accordance with the General Conditions of Promotions, where applicable. You can
consult the General Conditions of Promotions, where they apply, on our website or mobile application.
8. Rules regarding your content
8.1.In these terms and conditions, “your content” means:
8.1.1.all works and materials (including, without limitation, text, graphics, images, audio material, video
material, audio-visual material, scripts, software and files ) that you submit to us or our marketplace
for storage or further publication, processing or transmission; And
8.1.2.all communications on our marketplace, including product reviews and ratings, comments, feedback
and feedback.
8.2.Your Content and our use of your Content in accordance with this Agreement
general conditions, must be accurate, complete and authentic.
8.3.Your content must be appropriate, civil and in good taste, and conform to generally accepted standards
of ethics and behavior on the Internet, and must not:
8.3.1.be offensive, obscene, indecent, pornographic, suggestive or sexually explicit;
8.3.2.depict violence in an explicit, graphic or gratuitous manner; Or
8.3.3. be blasphemous, in violation of legislation on racial or religious hatred or
discrimination;
8.3.4.be deceptive, fraudulent, threatening, abusive, harassing, antisocial, hateful, discriminatory
or incendiary;
8.3.5.cause annoyance, inconvenience or unnecessary anxiety to anyone; Or
8.3.6. constitutes spam.
8.4.Your content must not be illegal or unlawful, infringe the legal rights of any person or be capable of
giving rise to legal action against any person (in each case, in any jurisdiction and under any
applicable law). Your content must not infringe or violate:
8.4.1.any copyright, moral right, database right, trademark right, design right, substitution right or any other intellectual
property right;
8.4.2.any right of confidentiality, right to privacy or right under legislation on
Data protection;
8.4.3.any contractual obligation owed to any person; Or
8.4.4.any court order or judicial decision.
8.5.You must not use our marketplace to link to any website or web page consisting of or containing any material
or content which, if published on our marketplace, would breach the provisions of these terms and conditions.
8.6.You must not submit to our Marketplace any material or content that is or has ever been the subject of
threatened or actual legal action or any other similar complaint.
8.7.The function that allows users on our Marketplace to provide their opinions and comments may be used to
facilitate buyer reviews of products. You must not use this feature or any other form of communication to
provide inaccurate, inauthentic or false reviews and/or opinions.
8.8.You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on our
Marketplace outside of our Marketplace; or (ii) communicate with a user involved in an active or completed
transaction to warn them to avoid a particular buyer, seller or item; or (iii) contact another user with the
intent to collect payments.
8.9.You acknowledge that all users of our Marketplace are solely responsible for interactions with other users and
you must exercise caution and good judgment in your communication with users. You must not send them
any personal information, including your credit card details and any payment method.
8.10.We may review your Content periodically and reserve the right to remove any Content at our discretion for any
reason.
8.11.If you become aware of any illegal and illicit material, content or activity on our marketplace, or of any material,
content or activity that breaches these terms and conditions, you may notify us by contacting us using the
contact details set out in section 26 below.
9.Our rights to use your content
9.1.You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt,
publish, translate and distribute your content on our marketplace, and through our marketing channels and
any existing or future media .
9.2.You grant us the right to sublicense the rights granted under clause 9.1.
9.3.You grant us the right to take legal action for violation of the rights granted under Article 9.1.
9.4.You hereby waive all of your moral rights in your Content to the extent permitted by applicable law; and you warrant
and represent that all other moral rights in your Content have been waived to the maximum extent permitted by
applicable law.
9.5. Without prejudice to our other rights under these terms and conditions, if you breach our content rules in any way, or
if we reasonably suspect that you have breached our content rules, we may remove, cancel publish or modify all
or part of your content.
10.Use of the website and mobile applications
10.1.In this Section 10, the words “marketplace” and “website” shall be used interchangeably to refer to the Zizaa Express
website and mobile applications.
10.2.You can:
10.2.1.view the pages of our website in a web browser;
10.2.2.download pages from our website for caching in a web browser;
10.2.3.print pages from our website for your personal, non-commercial use, at
provided that this impression is not systematic or excessive;
10.2.4.stream audio and video files from our website using our website's media player; And
10.2.5.use our Marketplace services through a web browser, subject to compliance
other provisions of these general conditions.
10.3.Except as expressly permitted by Section 10.2 or the other provisions of these terms and conditions, you must not
download any material from our website or save any such material to your computer.
10.4.You may only use our website for personal and business purposes to sell or purchase products from our Marketplace.
10.5.Except as expressly permitted by these terms and conditions, you must not edit or modify, in any way, any material
or content on our website or the Zizaa Express mobile application.
10.6.Unless you own or control real and relevant rights in the material
or the content in question, you must not:
10.6.1.republish content or material from our website and the Zizaa Express app (including
including republication on another website);
10.6.2.sell, rent or sub-license content or materials from our website;
10.6.3.show any material or content from our website and the Zizaa Express mobile application in
public;
10.6.4. exploit the material or content of our website and the Zizaa Express mobile application for commercial
purposes; Or
10.6.5.redistribute material or content from our website our Zizaa Express mobile application.
10.7.Notwithstanding Section 10.6, you may transmit links to products on our website and the Zizaa Express
mobile application and redistribute our newsletter and promotional materials in print and electronic
form to any person.
10.8.We reserve the right to suspend or restrict access to our website
the Zizaa Express mobile application, to certain parts of our website and the Zizaa Express mobile
application and/or features. We may, for example, suspend access to the Zizaa Express website
and mobile application during server maintenance or when we update the Zizaa Express website
and mobile application.
You must not circumvent, or attempt to circumvent, any access restriction measures on the Zizaa
Express website and mobile application.
10.9.You must not:
10.9.1.use our website and the Zizaa Express mobile application in any way or take any action that causes or
may cause damage to the website or impairment of performance, availability, accessibility, the
integrity or security of the Zizaa Express website and mobile application;
10.9.2.use our website and Zizaa Express mobile application in an unethical, illegal, unlawful, fraudulent or
harmful manner, or in connection with any illegal, unlawful, fraudulent or harmful purpose or activity;
10.9.3.hack or otherwise tamper with our website and the Zizaa Express mobile application;
10.9.4.probe, scan or test the vulnerability of our website without our permission;
10.9.5.circumvent any authentication or security system or process on or in connection with our website and
the Zizaa Express mobile application;
10.9.6.use our website to copy, store, host, transmit, send, use, publish or distribute any material or content
consisting of (or linked to) any spyware, computer virus, Trojan horse, worm, logger hit, rootkit or
other malicious computer software;
10.9.7. impose an unreasonably high load on the resources of our website and the Zizaa Express mobile
application (including bandwidth, storage capacity and processing capacity);
10.9.8.decipher or decrypt any communications sent through or to our website and
the Zizaa Express mobile application without our permission;
10.9.9.conduct any systematic or automated data collection activities (including without limitation scraping,
data mining, data extraction and data harvesting) on or in relation to our Website and the Zizaa
Express mobile application without our express written consent;
10.9.10.access or otherwise interact with our website and the Zizaa Express mobile application using any
robot, spider or other automated means, except for search engine indexing purposes;
10.9.11.use our website and the Zizaa Express mobile application except through our public
interfaces;
10.9.12. violate the guidelines set out in the robots.txt file on our website;
10.9.13.use data collected on our website and the Zizaa Express mobile application
for any direct marketing activity (including, without limitation, email marketing, SMS marketing,
telemarketing and direct mail); Or
10.9.14.do anything that interferes with the normal use of our website and the Zizaa Express mobile
application.
11.Intellectual property (Copyright) and registered trademarks
11.1.Subject to the express provisions of these general conditions:
11.1.1.we, together with our licensors, own and control all copyright and other intellectual property rights in
our website and the Zizaa Express mobile application and the material and any content; And
11.1.2.all copyright and other intellectual property rights in our website and the Zizaa Express mobile
application and the material and content on our website and the application are reserved.
11.2.The Zizaa Express logos and our other registered and unregistered trademarks are trademarks that
belong to us; we do not grant any authorization for the use of these marks, and such use may
constitute a violation of our rights.
11.3.Registered and unregistered third party trademarks or service marks on our website and the Zizaa
Express mobile application are the property of their respective owners and we do not endorse and
are not affiliated with any of the owners of these rights and, as such, we cannot grant any license
to exercise these rights.
12.Data confidentiality
12.1.Buyers agree to the processing of their personal data in accordance with the conditions set out in the Privacy
and Cookies Notice of our website and mobile application.
12.2. Zizaa express will process all personal data obtained through the marketplace and associated services in
accordance with the terms and conditions set out in the Zizaa Express Privacy and Cookie Notice and its
Privacy Policy.
12.3.Sellers are directly liable to Buyers for any misuse of their personal data and Zizaa Express has no liability
to Buyers in respect of any misuse of their personal data by Sellers.
13.Due diligence and right to audit
13.1.We operate an anti-fraud and anti-money laundering compliance program and reserve the right to carry out
due diligence checks on all users of our marketplace.
13.2.You undertake to provide us with all information, documents and access to your premises
salespeople we may need:
13.2.1.in order to verify your membership and the execution of your obligations under these general conditions;
13.2.2.for the purposes of disclosure, pursuant to a valid order of a court or other government agency; Or
13.2.3.to the extent required by applicable law or regulation.
14.The role of Zizaa Express as a Marketplace
14.1.You acknowledge that:
14.1.1. Zizaa Express offers a marketplace for buyers and sellers
third party or Zizaa Express, when Zizaa Express is the seller of a product;
14.1.2.the seller concerned with the sale of products on the marketplace (whether Zizaa Express is the seller or a
third party seller) remains at all times exclusively responsible for the products he sells on the marketplace ;
And
14.1.3. in the event of a problem related to the purchase of a product on the marketplace, the buyer
must contact the relevant seller of the product by following the process defined in the Dispute
Resolution Policy.
14.2.We undertake to ensure that Zizaa Express, or third party sellers, as applicable, submit information relating to their products on the marketplace that is complete, accurate and up-to-
date in accordance with the following:
14.2.1.the relevant seller guarantees and represents the completeness and accuracy of its information
published on our marketplace regarding its products;
14.2.2.the seller concerned guarantees and declares that the information published on the marketplace
are up to date; And
14.2.3.if a Buyer has any complaint regarding the accuracy or completeness of Product information
received from a Seller (including where Zizaa express is the Seller), the Buyer may appeal to the relevant Seller by following the process defined in the Dispute Resolution Policy.
14.3.We do not guarantee or represent that the marketplace will operate without failure; or any
service on the marketplace will remain available during the occurrence of events beyond the
control of Zizaa Express (in particular events relating to force majeure) which include, but are
not limited to: a flood, a drought, an tremor earth or other natural disasters; hacking, viruses,
malware or other malicious software attacks on the Marketplace; terrorist attacks, civil war,
civil unrest, demonstrations or riots; wars, threats of war or preparations for war; epidemics or
pandemics; or extra-constitutional events or circumstances which materially and negatively
affect the political or macroeconomic stability of the territory as a whole.
14.4.We reserve the right to interrupt or modify all or part of our Marketplace services, and to stop
publishing our marketplace, at any time, in our sole discretion, without notice or explanation; and you will not be entitled to any compensation or other payment in the event of any discontinuation ormodification of any service offered on the marketplace, or if we cease publishing the marketplace.This is without prejudice to your rights in relation to any unfulfilled orders or other existing liabilities of Zizaa Express.
14.5.If we interrupt or modify all or part of our marketplace in circumstances unrelated to force
majeure, we will provide buyers and sellers with at least fifteen (10) days' notice with clear
guidance on how to proceed. to follow for ongoing transactions or other existing obligations of
Zizaa Express.
14.6.We do not guarantee any commercial results regarding the use of the marketplace.
14.7.To the maximum extent permitted by applicable law and subject to section 15.1 below, we
exclude all representations and warranties relating to the subject matter of these terms and
conditions, our marketplace and the use thereof.
15.Limitations and exclusions of liability
15.1.Nothing in these terms and conditions will:
15.1.1.limit any liability in any way that is not permitted under applicable law; Or
15.1.2.exclude any liability or legal rights which cannot be excluded by law
applicable.
15.2.The limitations and exclusions of liability set out in this section 15 and
elsewhere in these terms and conditions:
15.2.1.are subject to the provisions of section 15.1; And
15.2.2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these
terms and conditions, including liabilities arising in contract, liabilities in tort (including negligence)
and for breach of statutory duty, except to the extent where expressly provided otherwise in these
general conditions.
15.3.In relation to services provided to you free of charge, we will not be liable to you for any loss or
damage of any kind.
15.4.Our aggregate liability to you in respect of any contract for the provision of services under these
terms and conditions will not exceed the total amount paid to us and payable under the contract.
Each separate transaction on the Marketplace constitutes a separate contract for the purposes of
this Section 15.
15.5. Notwithstanding clause 15.4 above, we will not be liable to you for any loss or damage of any kind,
including in respect of
:
15.5.1. any loss caused by an interruption or malfunction of the website and the Zizaa Express mobile
application;
15.5.2.any loss arising from an event or events beyond our control
reasonable;
15.5.3.any business losses, including (without limitation) loss of profits or damages to profits, revenues,
receipts from use, production, anticipated savings, business, contracts, opportunities commercial
or goodwill;
15.5.4. any loss or corruption of any data, database or software; Or
15.5.5. any special, indirect or consequential loss or damage.
15.6.You accept that we have an interest in limiting the personal liability of our officers and employees
and, in light of this interest, you acknowledge that we are a limited liability entity; you agree not to
bring any claim personally against our officers or employees in respect of any losses you suffer in
connection with the marketplace or these terms and conditions (this will not limit or exclude the
liability of the limited liability entity it -even for the acts and omissions of our directors and employees).
15.7.Our marketplace includes hyperlinks to other websites owned and operated by third parties; these hyperlinks
are not recommendations. We have no control over third party websites and their content, and we accept
no responsibility for them or for any loss or damage that may arise from your use of them.
16.Compensation
16.1. You hereby indemnify us and undertake to keep us indemnified
against:
16.1.1.all losses, damages, costs, liabilities and expenses (including, without limitation, legal costs and all amounts
paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and resulting
directly or indirectly from your use of our Marketplace or from any violation by you of any provision of these
terms and conditions or the codes, policies or guidelines of Zizaa Express; And
16.1.2.any VAT or other tax liability that we may incur in connection with any sale, supply or purchase made through
our Marketplace, where such liability arises from your failure to pay, withhold, declare or registration for
payment of any VAT or other tax due in any jurisdiction.
17. Violation of these general conditions
17.1.If we authorize the creation and registration of an account on our Marketplace, it will remain open indefinitely,
subject to these general conditions.
17.2.If you breach these terms and conditions or we reasonably suspect that you have breached these terms and
conditions
or any code, policy or guideline of Zizaa Express in any manner, we reserve the right to:
17.2.1. temporarily suspend your access to our Marketplace;
17.2.2. permanently prohibit you from accessing our Marketplace;
17.2.3. prevent computers using your IP address from accessing our Marketplace;
17.2.4.contact one or all of your Internet service providers and ask them to block your access to our Marketplace;
17.2.5.suspend or delete your account on our Marketplace; and or
17.2.6. take legal action against you, whether for breach of contract or otherwise.
17.3.When we suspend, prohibit or block your access to our Marketplace or
part of our Marketplace:
17.3.1.you must not take any action to circumvent any such suspension, ban or blocking (including, without limitation,
creating and/or using a different account).
18.Entire Agreement
18.1. These general conditions, and the codes, policies and guidelines of Zizaa Express accessible on our
Marketplace (and with regard to sellers: the general conditions applicable to the seller) constitute the entire
agreement between you and us in with respect to your use of our Marketplace and supersede all previous
agreements between you and us with respect to your use of our Marketplace.
19.Hierarchy
19.1.In the event of a conflict between these General Conditions of Use, the General Conditions of the Seller and the codes,
policies and guidelines of Zizaa Express, these General Conditions of Use, the General Conditions of the Seller and
the codes, policies and guidelines of Zizaa Express, these General Conditions of Use, the General Conditions of the
Seller and the codes, policies and Zizaa express's guidelines shall prevail in the order set forth herein.
20.Change
20.1.We may revise these terms and conditions, the terms and conditions of
Seller and the codes, policies and guidelines of Zizaa Express from time to time.
20.2.The revised general conditions apply from the date of their publication on our marketplace.
21.Waiver
21.1.No waiver of any breach of any provision of these Terms and Conditions shall be construed as a further or
continuing waiver of any other breach of that provision or any breach of any other provision of these Terms
and Conditions.
22.Divisibility
22.1.If any provision of these terms and conditions is found by a court or other competent authority to be unlawful
and/or unenforceable, the remaining provisions will remain in force.
22.2.If any illegal and/or unenforceable provision of these terms and conditions would become legal or enforceable
if part of it were deleted, that part will be deemed to be deleted, and the remainder of the provision will
continue in effect and remain in force. .
23.Assignment
23.1.You hereby agree that we may assign, transfer, subcontract or otherwise deal with our rights and/or obligations
under these terms and conditions.
23.2.You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with your
rights and/or obligations under these terms and conditions.
24.Rights of third parties
24.1.A contract entered into under these terms and conditions is for our benefit and your benefit, and is not
intended to benefit any third party or be enforceable by any third party.
24.2.The exercise of the rights of the parties under a contract concluded under these general conditions is not
subject to the consent of any third party.
25. Applicable law and jurisdiction
25.1. These general conditions are governed and interpreted in accordance with the law of
Territory.
25.2. Any dispute relating to these general conditions is subject to the exclusive jurisdiction
of the competent courts of the Territory.
26.Our company contact details and notifications
26.1. You can contact us using the contact details in Annex 1.
26.2. You may contact our sellers, stores for post-sales matters, including disputes, by asking Zizaa
Express for their contact details, including the seller's full legal name and, if applicable, their store name ,
in accordance with the Dispute Resolution Policy, under which Zizaa Express is required to ensure that the
seller is identifiable and clearly linked to the transaction in question
26.3. You consent to receive notices electronically from us. We may provide all communications and
information relating to your use of the Marketplace in electronic format, either by posting it on our website
or mobile application, or by email to the email address listed in your account. All such communications will
be deemed written notices received by you, and will be duly delivered to you.
