Terms and Conditions

Tswanda Terms of service

Legal Disclaimer

This is the Terms of Service agreement for Tswanda Zimbabwe Pvt LTD and Tswanda.co.zw. All Tswanda users must read and accept every aspect of this and any other agreement or policy provided by Tswanda Zimbabwe Pvt LTD. If you do not agree to these terms, you are prohibited from using Tswanda.co.zw or any affiliated services. Moreover, Tswanda Zimbabwe Pvt LTD reserves the right to modify this agreement at any time. Your use of Tswanda.co.zw and affiliated services indicates your unconditional acceptance of all changes made to this agreement at any point.

The Ground Rules

The membership of Tswanda.co.zw succeeds because of the quality of its members and some basic rules that everyone adheres to. We reserve the right to deny service to any member or prospective member at any time.

No Misrepresentation. Please be as honest and forthright about yourself and your offer as possible. Members are encouraged to report any communications that they consider to be misleading or any members that appear to be misrepresenting themselves.

Trademark Infringement

All names and logos associated with Tswanda Zimbabwe Pvt LTD and Tswanda.co.zw are trademarks of Tswanda Zimbabwe Pvt LTD. You may not use any Tswanda Zimbabwe Pvt LTD trademark in any manner without Tswanda Zimbabwe Pvt LTD’s written consent. Furthermore, users may not infringe on any patents, trademarks, or other copyrights of Tswanda users or any other parties whatsoever.

Tswanda.co.zw

Tswanda.co.zw is an online service that allows organizations, individuals and companies to connect with individuals who are interested in helping to support them by donating money for a variety of campaigns they will be running. Only users who are manually approved will be able to launch a campaign on the site. All campaigners are vetted prior to launching a campaign…

Conditions for Membership

For obvious legal reasons, Tswanda.co.zw or any affiliated services may not be used by persons under the age of 18. This same restriction applies to any users suspended or removed from Tswanda.co.zw or any affiliated services. Users are prohibited from transferring or profiting from the transfer of their Tswanda account to another party. If you do not meet these requirements, you are not eligible to use Tswanda.co.zw.

Terms of Information Use

Tswanda Pvt LTD is authorized to use any information that is provided by Tswanda users or affiliates. This information is used at no charge from the users and may be used for any purpose associated with Tswanda Pvt LTD, or any affiliates. All information that a user posts on Tswanda.co.zw is completely the USER’s responsibility. Tswanda Pvt LTD is not responsible for any misrepresentation of facts or other errors in this content. Tswanda Pvt LTD strives to ensure the integrity of the information on Tswanda.co.zw, but cannot guarantee the truthfulness of the information that each user provides through Tswanda.co.zw. Tswanda Pvt LTD reserves the right to release any user information or other information if required to do so by law.

Confidential Information Exchange

All information submitted to Tswanda.co.zw, including messages, will become property of Tswanda Pvt LTD. Any donor or campaigner on our site requesting to contact any other campaigner or contributor on our site does so at their own risk and is solely responsible for conducting any legal, accounting, or due diligence review. Please do not send any confidential information through Tswanda.co.zw. You’re best off using the system to make contact with other Members and then continue any confidential information exchange through your own methods. For more information on please consult Privacy Policy

Use of Tswanda.co.zw

Your use of Tswanda service must follow the guidelines set forth in this agreement. Tswanda may refuse or revoke service or other offerings without prior notice to any user or potential user for any reason. Users must obey all applicable local, national, and international laws associated with the use of Tswanda and any affiliated services.

Users take complete responsibility for all activities that occur under their Tswanda account with or without their prior knowledge or consent. In the event that you discover any unauthorized use of your account, you must immediately notify Tswanda.co.zw so that the proper actions can be taken.

Types of Business Not Supported

Based on past experience, there are a few businesses that we just can’t seem to support without throwing the rest of our community up in arms. These include Sell of alcohol and tobacco, illicit business services, and just about anything that has to do with pornography or adult entertainment. We reserve the right to cancel or suspend accounts that appear to be related to these types of business.

User Agreement

Users agree with Tswanda Pvt LTD not to use Tswanda.co.zw or any services provided by Tswanda Pvt LTD or its affiliates to:

  • Commit ANY unlawful acts
  • Post or “spam” other users on the system with unsolicited advertising or other communications
  • Harm Tswanda.co.zw, Tswanda  or any related systems and infrastructure in any way through any means
  • Collect or resell data containing other users’ profile or personal information or any other information on Tswanda.co.zw
  • Harass other users or anyone else in any way
  • Misrepresent themselves in any way through profile postings, messages sent to
  • Tswanda Pvt LTD or other users, or any other method
  • Commit any actions considered to be unethical or to abuse Tswanda.co.zw system, other associated services, or users
  • Attempt to deliberately solicit members to leave Tswanda.co.zw in favor of another related or competitive service

 

User must at all times use the Sites and the Services in a responsible and legal manner. In particular (but not exclusively) User must not do any of the following: misrepresent User’s identity or User’s affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from User; delete or falsify any attributions, trademarks or designations of source from any website content; or interfere with or disrupt the service or services or networks connected to the Services or Sites; collect or store personal data about other users including email addresses without consent. User agrees that User will comply with all applicable laws, statutes and regulations regarding use of the Sites and Services.

Tswanda will investigate and prosecute violations of any of the above to the fullest extent of the law. Tswanda may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Use.

Intellectual Property Rights — Campaign/Project Creators

The Service provides you with the ability upload your content to the Site. Tswanda will not have any ownership rights in your content, however, Tswanda needs the following license to perform the Service. You hereby grant to Tswanda the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (“Host”) the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text (“Artworks”) in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.

You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to the Service or the Tswanda’s hosting of the content as contemplated by these Terms of Use.

To enable Tswanda  to Host your content pursuant to the above provisions, you hereby grant to Tswanda the worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service.

Intellectual Property Rights — Users

Tswanda may provide users with the ability to add, create, upload, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:

  • acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
  • by Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Tswanda a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Tswanda does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant, and can demonstrate to Tswanda’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Tswanda and all users of the Service;
  • you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
  • that the use or other exploitation of such User Submissions by Tswanda and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
  • understand that Tswanda shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Tswanda will not be liable for any errors or omissions in any content; and that Tswanda cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Tswanda does not endorse and has no control over any User Submission. Tswanda cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Disciplinary Guidelines

Tswanda Pvt LTD has set in place a listing of disciplinary guidelines for regarding the use of Tswanda.co.zw or any affiliated services. Tswanda Pvt LTD may, but is not obligated to, enforce penalties for breaching these guidelines. Foremost, you agree that Tswanda.co.zw may immediately suspend or terminate your Tswanda account and all access to Tswanda.co.zw and other services without prior notice. The following will lead to the suspension or termination by Tswanda.co.zw of a user’s account 1) violation of this Terms of Service or the User Agreement within this document 2) Violation of any applicable laws 3) A user’s request to have their own profile removed 4) Account inactivity.

Account termination will include, but is NOT limited to the previous items and events listed. Tswanda account suspension or termination includes the complete stoppage of all use of Tswanda.co.zw and any affiliated services. All account suspensions or terminations will be made at Tswanda Pvt LTD’s discretion and without necessarily consulting any other parties. Tswanda Pvt LTD is not liable for any damages associated with the suspension or termination of a user’s account.

Pricing

For information about Tswanda’s pricing, please see Tswanda’s Pricing page. Tswanda reserves the right to change its pricing at any time, with or without notice. Tswanda will post any changes to the Pricing on the Pricing page, so please check often. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and User shall be responsible for payment of all taxes, levies, or duties associated with User’s contributions hereunder.

Campaign Owners

As a Campaign Owner, you are permitted to offer Perks to Contributors. You shall meet all commitments you make in your Campaign including, but not limited to, delivering all Perks you offered with your Campaign. You will respond promptly and truthfully to all questions posed to you by Tswanda or any Contributor. If you are unable to fulfill any of your commitments to Contributors (including delivering any Perks), you will work with the Donors to reach a mutually satisfactory resolution, which may include refunding their Contributoions. You will comply with all applicable laws and regulations in your use of Contributors and delivery of Perks. You are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Perks. Tswanda may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any contributions or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.

Contributors

As a Contributor, you are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Tswanda doesn’t guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Tswanda does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution and receipt of any perks.

Payment processing

Tswanda works with Paynow to make donating to your causes of choice easy, safe and seamless. When you use the Site to make contributions through Paynow, you agree that: (i) your contributions will be processed through Paynow; (ii) Tswanda will remit funds to the designated Beneficiary; and (iii) Beneficiary will send a thank you email and/or transaction receipt to all Contributors.

Paynow™ is not affiliated with Tswanda and is not permitted to share your financial information, such as credit card information, with Tswanda without your consent. When you make a contribution through Paynow™, Tswanda does not collect or store your credit card information. All contributions processed through Paynow™ will be governed by the Paynow User Agreement and Paynow Privacy Notice.

Refund Policy

Funds collected for projects and campaigns through the Tswanda platform are non-refundable and Tswanda is not responsible for issuing refunds to Project Supporters. Tswanda transfers the funds to the Project Creator for projects and campaigns after the project deadline. Project Creators may initiate refunds at their own discretion. If, for any reason, Tswanda is required to refund monies to Project Supporters, the Project Creator will fully compensate Tswanda for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs. Beneficiaries acknowledge that Tswanda will not be liable, accountable or responsible in any way for anything related to refunds for contributions, including without limitation, an error processing a refund, the failure to provide a refund, the failure of a Beneficiary to communicate about a refund, or any chargebacks related to a refund.

Indemnity

We merely provide a technology platform to allow Campaign Owners to connect with Contributors. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Zimbabwe

The Project Creator is wholly responsible for meeting any obligation or Reward stated or implied in their project. Tswanda is not responsible for the delivery of Rewards stated in projects. Project Supporters should contact the Project Creator if the delivery terms are not clearly stated in the project description.

Like all Policies, we may change our fees policy and the fees for our services. We may choose to temporarily change our fees policy and the fees for our services for promotional events (for example, free service days) and such changes are effective when we post the temporary promotional event. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency of the project. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). The Tswanda fees must never be mentioned on project listings but you may wish to consider Tswanda fees when determining the funding goal of your project.

You understand and agree that any attempt to make any charge back or otherwise reclaim or obtain a refund of or a credit against any fees paid for the service without first having obtained prior written consent to refund shall entitle Tswanda to deactivate your account unless and/or until such time as the fees are repaid or a credit or refund is agreed with Tswanda. Deactivation will include all access to the service including previously purchased additional features and/or the free aspects of Tswanda.

Furthermore, you may not list a project on our Site (or complete any transaction that was initiated using our service), if the payment to us of the service fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the item violates our current Prohibited, Questionable and Infringing Items list current at the relevant time.

Extent of Liability

By accepting this Terms of Service agreement, you agree that Tswanda Pvt LTD and any persons or entities associated or affiliated with Tswanda Pvt LTD are not responsible for any damages to any party as a result of using the services provided or transacting business with Tswanda Pvt LTD or affiliates. Tswanda Pvt LTD reserves the right, but is not obligated, to screen the content that is posted on Tswanda.co.zw for any abusive, false, unreliable or other unacceptable material. However, we cannot guarantee that users will not find such material on this site. We rely a great deal on Tswanda.co.zw user base to help protect the standards and integrity of the Network. Please report any such offenses to Tswanda Pvt LTD so that proper action can be taken. We reserve the right, but are not obligated, to terminate any accounts that are in violation of this Terms of Service Agreement or any other policies that our company maintains. We hold no responsibility for ANY damages caused for any reason to users of our services or to other parties. Furthermore, Tswanda Pvt LTD is not responsible for malfunctioning features or services that may hinder your use of Tswanda.co.zw or its offerings or cause damages to any party. We will do our best to provide a fully functioning service with complete integrity at all times, but this cannot in any way be guaranteed. Tswanda Pvt LTD will not be held responsible for the actions of other users on the Network or outside parties that disrupt the normal functioning of the network.

Membership on Tswanda does not constitute an offer to sell or the solicitation by Tswanda of an offer to buy any investment interest in the business ventures of members. The actual donations shall be a private and independent transaction between the members without any participation by Tswanda. In no event will Tswanda be liable for any loss of earnings or any other commercial damages, losses or expenses arising out of or in correlation with an independent transaction, agreement, or interaction between site members.

Changes to Terms

Tswanda may alter these Terms at any time, so please review them frequently. If a material change is made, Tswanda may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at Tswanda’s sole discretion, in good faith, and using common sense and reasonable judgment

 

If you have any questions or would like to report any violations of these Terms of Service or other policies set forth by Tswanda please contact us on the following address: Email: Tswanda Information Center

Tswanda Pvt LTD.

2 Ayr Road,

Avondale,

Harare,

Zimbabwe

 

© 2015 Tswanda. All rights reserved