Zawadi Application Terms of Service

Version Date: July 2022

Zawadi is a provider of a blockchain-based service that allows its users to inter alia consent to the use of their information for various purposes in exchange for rewards (the “Service”). Zawadi operates its applications through which You access our Services. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.

  1. Acceptance of Terms

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND AVAILABLE FROM THE “MORE” MENU UNDER THE “ABOUT” SECTION, AND AS INCORPORATING THE ZAWADI PRIVACY POLICY AVAILABLE FROM THE “MORE” MENU (“TERMS OF SERVICE”), ARE A LEGAL AGREEMENT BETWEEN ZAWADI (“ZAWADI”) AND YOU (“YOU”).

YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY, BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICES.

You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified at any time. All such modifications will be effective immediately upon posting. If You are dissatisfied with any modification to the Terms of Service, Your only remedy (except where prohibited by law) is to terminate Your Account and discontinue use of the Services, as described in Section 15 (Termination and Survivability) of these Terms of Service. Your continued use of the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.

  1. Eligibility

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICES. By using the Services, You represent and warrant that:

      • (a)     You are 18 years of age or older and reside in the Republic of South Africa;

      • (b)     All registration information You submit to Zawadi is truthful and accurate;

      • (c)     You will maintain the accuracy of such information; and

      • (d)     Your use of the Services does not violate any applicable law or regulation.

  1. Use of Services

Provided that You comply with these Terms of Service, Zawadi grants You a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access and use the Services through the application. 

  1. User Accounts

To use the Services, You will be required to create a user account (“Account”). If You create an Account, You agree to provide Zawadi with current, complete, true and accurate information, and to update this information should it change. Zawadi may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service or violation with any laws.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND PRIVATE KEY AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. You agree to notify Zawadi immediately of any unauthorized use of Your Account or any other breach of security. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that Zawadi will not be liable for any loss You may incur as a result of someone else using Your password, private key, or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by Zawadi or another party due to someone else using Your password, private key, or Account.

ZAWADI RESERVES THE RIGHT TO CHANGE OR DISCONTINUE, IN WHOLE OR IN PART, THE SERVICES OR ANY OF ITS FEATURES, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT ZAWADI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE OR DISCONTINUANCE.

In the event that Your Account is terminated, suspended or canceled, or in the event that Zawadi closes the Service, except for available reward balances held on your behalf by Zawadi, no refunds will be granted and no other rewards will be credited to You and You will have no further access to Your Account, Content or anything associated with it.

  1. Ownership of Content 

Content”shall mean, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information You see in the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT, OTHER THAN CONTENT PROVIDED BY YOU, IS THE PROPERTY OF ZAWADI AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY ZAWADI, OR ANOTHER USER OF THE SERVICES.

You agree that You may not upload or otherwise transmit on or through the Service Content that is subject to any third-party rights unless any holder of such rights has given express authorization for distribution through the Services.

You agree that any Content You submit does not create an obligation for Zawadi to provide You any payment or other remuneration. 

  1. Limitations

ANY USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF ZAWADI’S COPYRIGHT RIGHTS IN AND TO THE CONTENT.

You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Services, or any information obtained from the Services, whether provided by Zawadi, third parties, or other users, without the prior express written consent of Zawadi.

You may not use the Content or the Services in any manner that (by way of example and not strictly limited to):

      • (a)     Is unlawful or encourages illegal activity;

      • (b)     Could damage, disable, overburden, or impair any Zawadi server, any network(s) connected to any Zawadi server, and/or the Services;

      • (c)     Could interfere with any other party’s use and enjoyment of the Services;

      • (d)     Gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any Zawadi server, or to any of the Services, through hacking, password mining or any other means;

      • (e)     Collects or aggregates information regarding other users’ actions relating to the Services; or

      • (f)     Reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Services.

  1. Rules of Conduct

By way of examples and not as limitations, You agree that You may not access the Services to:

      • (a)     Attempt to obtain passwords, private keys, access protocols, other Account information, or any other private information from any other user of the Services, including, without limitation, the collection of Personal Data of others, including e-mail addresses.

      • (b)     Use the Services in any manner other than as an individual user (i.e., not as a corporation or other entity).

      • (c)     Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Services and/or the Content.

  1. Reputation Score

Each user will receive a score representing their trust-worthiness and reputation within the Zawadi Community (the “REPUTATION Score”). The REPUTATION Score will be calculated using Zawadi’s proprietary algorithm taking into consideration a variety of factors selected solely by Zawadi. Your REPUTATION Score will change over time based on these factors, which may include information You provide and Your activity on the application. Your REPUTATION Score may also be impacted by changes to the algorithm and factors selected by Zawadi. You understand that this algorithm and these factors are subject to change at Zawadi’s sole discretion and Zawadi is not liable to You for any impact resulting from Your REPUTATION Score.

  1. Account Rewards

You may receive rewards from time to time based on Your use of the Service or use by users that You invited to the Service. You expressly understand that the rewards you may receive cannot be exchanged for cash. You will be able to convert your rewards into Shoprite Money Market Account vouchers. You can only use the vouchers to purchase products available through the Shoprite Money Market Account or in stores that accept the Shoprite Money Market Account vouchers. You may also use your rewards in exchange for watching Content uploaded by Content Creators and/or to donate to Content Creators.

Subject to clause 11, your reward credits will be held with Zawadi until such time as you convert your rewards into Shoprite Money Market Account vouchers.

  1. Tax Considerations

Zawadi makes no claims regarding the taxability of any transactions you may make on the Platform. As between you and Zawadi, you are solely responsible for the calculation and payment of any taxes (including income, sales, VAT, or other taxes) that may be owed to any national, state, or local government entity in connection with your use of the Platform.

  1. Terminated Accounts and Abandoned Funds

If you want to terminate your account, you first need to convert your remaining rewards into Shoprite Money Market Account vouchers. If you terminated your account without first converting your remaining rewards, you will have to contact Zawadi who will then manually convert your remaining rewards into Shoprite Money Market Account vouchers for you. You need to contact Zawadi to convert your remaining rewards within 6 (six) months of terminating your account, failing which your remaining rewards will be forfeited.

If Zawadi suspends or terminates your account, you will have to contact Zawadi who will then manually convert your remaining rewards into Shoprite Money Market Account vouchers for you. You need to contact Zawadi to convert your remaining rewards within 1 (one) month of terminating your account, failing which your remaining rewards will be forfeited.

If your Account remains inactive for a period of 12 (twelve) months, your remaining rewards will be forfeited and your account will be terminated. Zawadi will use its reasonable endeavors to communicate with you prior to taking such action.

  1. Communications

You acknowledge that Zawadi will from time to time contact You through messages within the Service. Zawadi will only have access to Your e-mail address for limited temporary use when You choose to provide such information as part of the onboarding identity verification and password reset processes. At all other times, Zawadi will not retain access to Your e-mail address and therefore can only contact You via messaging functionality within the Service. If you wish to not receive any communication from Zawadi You may terminate Your Account as described in Section 15 (Termination and Survivability).

  1. Privacy/Security

You understand that any information provided by You or collected by Zawadi in connection with Your use of the Services will be used in the manner described in these Terms of Service and in Zawadi’s Privacy Policy, available from the “more” menu of the application, such Privacy Policy being incorporated into and made a part of these Terms of Service by this reference. If You do not agree to the Privacy Policy you may not use the Services. Without limiting the terms of the Privacy Policy, You understand that Zawadi does not guarantee that Your use of the Services and/or the information provided by You will be private or secure, most notably in its transmission from You to the Services, and Zawadi is not responsible or liable to You for any lack of privacy or security in the transmittal of information that You may experience. You are fully responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services.

  1. Termination and Survivability

These Terms of Service are effective until terminated. Zawadi may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 3 (Use of Services). You may terminate these Terms of Service and Your Account by terminating Your Account within the application. If You choose to terminate Your account then You agree to not, and You will not be permitted to, create a new Account within twelve (12) months following termination.

The provisions of Sections 5 (Ownership of Content), 6 (Limitations), 10 (Terminated Accounts and Abandoned Funds), 14 (Termination and Survivability), 16 (Disclaimer of Warranty; Limitation of Liability), 17 (Indemnity), and 18 (Jurisdiction and Choice of Law) shall survive any termination of these Terms of Service.

  1. Links to Third-Party Sites 

The Services may link to third party services (“Linked Services”). These Linked Services are not controlled by Zawadi. Zawadi is not responsible for Linked Services, for the business practices or privacy policies of the Linked Services, or for the collection, use or disclosure of any information by the Linked Services. Availability of Linked Services through the Service does not imply an endorsement by Zawadi.

  1. Disclaimer of Warranty; Limitation of Liability

YYOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.

ZAWADI, INCLUDING ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUBLICENSEES, AGENTS OR SUBCONTRACTORS, (COLLECTIVELY, THE “ZAWADI PARTIES”) DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF INCLUDING THE CONTENT), THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ZAWADI PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, ERRORS, SYSTEM DOWN TIME, OR SERVICE INTERRUPTIONS CAUSED BY THE ZAWADI PARTIES, OR BY YOUR OR OTHER USERS’ ERRORS AND/OR OMISSIONS.

TTHE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICES OR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT(S).

IN NO CASE SHALL THE LIABILITY OF THE ZAWADI PARTIES TO YOU EXCEED THE LESSER OF THE THEN-CURRENT REWARD BALANCE OF YOUR USER ACCOUNT AND R1000. IN NO CASE SHALL THE ZAWADI PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SERVICES, CONTENT, OR ANY INTERACTIONS WITH ZAWADI.

ZAWADI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD- PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES AND, EXCEPT AS EXPLICITLY SET FORTH AS PART OF THE SERVICE, ZAWADI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. Indemnity

You agree to defend, indemnify and hold harmless Zawadi and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorney’s fees) arising out of:

      • (a)     Your use of, or activities in connection with the Services;

      • (b)     Any violation of these Terms of Service by You or through Your Account or using Your user name; or

      • (c)     Any allegation that any information, messages, or materials that You make available or create through the Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

  1. Jurisdiction and Choice of Law

The laws of the Republic of South Africa will govern this Agreement and you consent to the jurisdiction of the South African courts in respect of any dispute that may arise out of or in connection with this Agreement. Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely on rounds that such evidence is computer evidence or that the requirements of the Electronic Communications and Transactions Act 25 of 2002 have not been met. Each clause of this Agreement is severable, one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses shall be and continue to be of full force and effect.

  1. Assignment

 Zawadi may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service.

  1. Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

  1. Headings

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

  1. Notice

Notices to You may be made via messaging within the Services. Zawadi may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices through the Services. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Severability

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

  1. Complete Agreement

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and Zawadi with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and Zawadi with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms of Service.

  1. General Provisions

Zawadi’s performance of these Terms of Service are subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Zawadi’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by Zawadi with respect to such use.

The parties agree that all correspondence relating to these Terms of Service, shall be written in the English language.

  1. ECTA

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act No 25 of 2005, we make the following information available to you:

Company Name: Financial Inclusion Africa (Pty) Ltd

Legal status: Private Company

Registration No: K2022666307

Director(s): Deon van Heerden

Description of main business: Marketing and consumer engagement company

E-mail address: support@zawadi.life brands@zawadi.life

Website addresses: www.zawadi.life

Physical Address: 3 rd Floor, The Apex, 1 Energy Lane, Century City, 7441

Postal Address: 3 rd Floor, The Apex, 1 Energy Lane, Century City, 7441

Registered Address: 3 rd Floor The Apex, 1 Energy Lane, Cape Town, Western Cape, 7441

© 2022 - All Rights Reserved.