Terms & Conditions

ZIKOMO TERMS AND CONDITIONS

Please review these terms and conditions ("Terms") thoroughly before accessing or utilizing the Platform (referred to as the "Platform"). These Terms, in conjunction with the Privacy Policy available on the Platform ("Privacy Policy") and any other policies communicated or published on the Platform, establish the agreement between Users of this Platform and the Company (collectively) referred to as the "Agreement"). By accessing or using the Platform, Users consent to abide by this Agreement as presented on the Platform periodically.

1.1 What is Zikomo Online Shopping Ltd?

Zikomo Online Shopping Ltd is a platform that operates as an online marketplace connecting registered suppliers with users, including resellers, who can browse and purchase products. The company oversees the application and associated marketing, as well as facilitates payment collections, order management, and other services to facilitate transactions between suppliers and users. To access these services, users need to install the Zikomo application, which is also available on the website.

1.2 When are these Terms applicable and binding on the User?

These Terms become applicable and binding on the User when they install, download, visit, or access any part of the Platform, or use the Services. Users, including browsers, suppliers, resellers, merchants, purchasers, or contributors of content, are all encompassed within this definition. The Agreement between the User and the Company becomes effective on the date of downloading the Application /accessing the Website or when the terms of the Agreement are updated, establishing a legally binding relationship between the User and the Company.

1.3 Whether the terms of this Agreement can be modified?

The terms of this Agreement can be modified by the Company. Users can review the latest version of the Agreement on the Website. The Company reserves the right to unilaterally update, change, or replace any part of the Agreement by publishing updates or changes on the Platform. Any amended provisions of the Agreement become effective immediately upon being posted on the Platform Users are responsible for checking this page periodically for changes. By continuing to use or access the Application after any changes are posted, Users signify their acceptance of those changes.

1.4 What if the terms of the Agreement are not acceptable to the User?

1. If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By the use of the Services, it is signified that the User agrees to abide by the terms of the Agreement (as updated from time to time).

The following is a section on account registration, suspension, and termination:

2.1 Account Registration:
To use our services, you must create an account. You are responsible for providing accurate and complete information during the registration process. You may not create an account using false information or impersonate someone else.

2.2 Account Suspension:

We reserve the right to suspend your account if we suspect fraudulent or illegal activity, or if you violate our terms of service. We will notify you of the suspension and provide an opportunity to resolve the issue.

2.3 Account Termination:
We reserve the right to terminate your account for any reason, including but not limited to, violation of our terms of service, fraudulent or illegal activity, or inactivity. We will notify you of the termination and provide a reason, if possible but we are not obliged to do so.

2.4 When registering an account on the platform, Users must fulfill specific requirements:

1. Users must provide a valid phone number during the registration process. By registering, Users consent to be contacted by the Company via phone calls, SMS notifications, instant messages, or other communication methods for subscription/services/promotional updates, among other purposes. Users have the option to 'opt out' of such updates either through the provided means or by contacting the support team.

2. Users are responsible for ensuring the accuracy of their mobile numbers so that the Company can effectively communicate with them via SMS. Users acknowledge and agree that if the Company sends an SMS, but the User does not receive it due to an incorrect mobile number, data issues, blockage by the service provider, or any other reason preventing SMS reception, the Company will be considered to have effectively provided the communication.

3. Users must provide accurate, current, and complete information during the registration process and are responsible for updating this information to ensure its accuracy, currency, and completeness.

2.5. Can a User account registered on the platform be suspended or terminated?

1. The Company reserves the right to suspend or terminate the User's account or access to Services on the Application, including blocking any amounts owed to the User and associated account, without prior notice if:- Any information provided during registration or afterward is found to be inaccurate, outdated, or incomplete.

- The User is assessed by the Company to have:
- Charged unreasonably high prices.
- Demonstrated unreasonable instances of returns and/or cancellations.
- Engaged in actions that are unlawful, fraudulent, negligent, or detrimental to the Company's interests.
- Failed or is suspected of failing to comply with any term or provision of the Agreement or applicable law.
- The User is found to be non-compliant with the Agreement.

2. Additionally, if the violation of the Agreement results in a criminal or civil action, the Company may, at its discretion, pursue such action.

3. In cases of alleged fraud or other breaches of the Agreement by the User, the Company may, at its discretion:

- Withhold all amounts payable to the User.
- Impose penalties determined by the Company.
- Set off such penalties from the monies owed by the Company to the User.

- refer such activities to the relevant authorities.
These actions are subject to the Company's sole discretion and without prejudice to any other rights stated in the Agreement.

3. PLACING ORDERS AND FINANCIAL TERMS

3.1 How does order placement work on the Platform?

1. The Application enables Users to place orders for products listed by Suppliers. The Platform facilitates order placement by Users, subject to the terms of the Agreement.

2. Upon receiving an order from a User, the Company electronically confirms the order to both the Supplier and the User. Additionally, the Company may inform the User about the availability, unavailability, or changes in the price of the order, as communicated by the Supplier. The confirmation of the order by the Supplier is considered final.

3. The Company acts solely as a facilitator of transactions between buyers and sellers, including Users and Suppliers, functioning as a 'marketplace'. It does not own, sell, or resell any products and does not exert control over the Suppliers. The Company endeavors to promptly update User accounts and other information to facilitate transaction completion. Therefore, Users must ensure the accuracy, completeness, and currency of purchase and account information provided for all transactions on the Application.

4. Furthermore, the responsibility for fulfilling orders to end users/consumers lies with the Reseller. Any additional services provided by the Platform about such orders are offered solely as a service provider to the Reseller. Consequently, the Platform does not have any direct contractual relationship with end users/consumers.

3.2 How are the commercial terms fixed on the application?

1. All commercial and contractual terms of sale are proposed by Suppliers and agreed upon solely between Suppliers and Users. These terms encompass aspects such as price, delivery date, mode of delivery, product warranties, etc. The Company does not control, determine, advise, or involve itself in the offering or acceptance of these terms between Suppliers and Users.

2. Similarly, when Resellers utilize the Platform for deliveries, the platform serves solely as a service provider facilitating delivery or other related services for the Reseller. The Company does not control, determine, advise, or involve itself in the offering or acceptance of commercial or contractual terms between Resellers and their end users/consumers.

3. Policies regarding returns/exchanges, penalties, refunds, and cancellations are subject to updates on the Application. The Company reserves the right to modify these policies as necessary without requiring permission from Users.

4. The Company also retains the right, at its sole discretion, to withhold benefits such as Cash on Delivery (COD) payments and the right to claim refunds intermittently due to internal or external factors.

3.3 How to do payment and settlement of payment work on the Platform?

1. Users acknowledge and accept that, upon request from Suppliers or Resellers, the Company may act as a payment agent for the limited purpose of accepting payments on their behalf. The payment facility provided by the Company is not a banking or financial service but merely a facilitator utilizing a third-party payment processor for transactions on the Application. The Company is not liable for any charges imposed by the User's bank related to payment transactions.

2. Information such as transaction details, payment details, billing address, and credit card information may need to be provided to the Company or third-party payment processors. Users may also be subject to terms and conditions governing the use of third-party payment services and their information collection practices, which should be reviewed before using the application.

3. The Company collects payments on behalf of Suppliers or Resellers. Taxes and levies, along with their rates and applicability, are determined by the Supplier or Reseller. The Company holds no responsibility for the legal correctness or validity of such taxes. Any legal issues regarding taxes payable are the sole liability of the Reseller.

4. The Company is not liable to charge or deposit any taxes applicable to User transactions.

5. Users may provide bank account details to receive refunds, margins, referrals, or other payments owed by Zikomo. Conditions apply to updating bank account details, including limitations on the number of attempts and edits permitted within a specified time frame.

3.4 Whether the Company charges User(s) for Services provided by the Company on the Platform?

These charges are determined solely by the Company and are subject to User approval at the time of placing an order. The Company reserves the right to modify these charges at any time at its discretion. The applicable charge will be the one displayed at the time of purchasing or booking the respective Service on the Platform.

Additionally, the Company may introduce additional chargeable services on the Platform, such as fees for premium return services, cancellation charges, or cash-on-delivery handling fees.

6. If a User exceeds the total limit for editing or updating bank account details, or if the same bank account is used for multiple platform accounts, the User must contact customer support for further updates. Zikomo reserves the right to change this policy at its discretion.

7. Zikomo reserves the right to block Cash on Delivery (COD) payments at its discretion, for reasons including but not limited to high product value or other factors deemed appropriate by Zikomo.

3.5 Whether for transactions on the Platform, the User is required to be registered under the Zambian Revenue Authority for tax purposes.

Users transacting on the Platform are responsible for complying with Central or State Goods and Services Tax Legislations ("GST Laws"). The Company is not responsible for any direct or indirect tax obligations that may arise from the User's access or use of Services on the Platform. It is the sole responsibility of the User, including Resellers, to adhere to registration and compliance requirements under the Government of Zambia taxation law. The Company is not liable for any violations or oversights by Users regarding applicable laws. Users are advised to seek independent tax advice regarding their business and transactions through the Platform, including whether VAT registration is necessary.

3.6(A) What are the terms and conditions regarding the offers and benefits provided on the platform and advertised by Zikomo?

a. All product discounts and offers are provided by the Suppliers and not by the Company ("Supplier Offers").

b. Zikomo may conduct marketing and promotional campaigns, including offers for referrals, discounts, and other promotions ("Zikomo Offers").

c. Zikomo Offers are subject to terms and conditions determined solely by Zikomo. These terms may vary for customers based on factors such as platform usage, transaction volume, time spent on the platform, location, etc.

d. Zikomo reserves the right to make offers available for a limited time, limit offer values, and modify, discontinue, or reject offers at any time without prior notice.

e. Zikomo reserves the right to determine and change offer timing, values, conditions, eligible products, and other offer details at its discretion.

f. Offers, discounts, and promotional offers may be modified or amended periodically.

g. Some offers may be limited to available inventory stock and product availability at the time of purchase.

h. Certain offers may apply only to specific products covered under promotional offers and may be subject to availability. Once offer product stocks are depleted, purchases outside promotional offers are available.

I. Zikomo reserves the right to cancel return or exchange options for products purchased under offers and discounts at its discretion.

j. Users are responsible for reviewing and complying with the terms and conditions of offers, discounts, and other promotions on the platform.

k. Offers may not be combined with other promotional offers or vouchers unless explicitly permitted by Zikomo or the Supplier.

l. Offers cannot be exchanged for cash and must be used by their terms and conditions unless otherwise communicated.

m. Certain offers, discounts, and promotions may be applied at the cart level, with division among multiple products in a single transaction determined by Zikomo.

n. Users canceling or returning products subject to promotion, offers, or discounts will be eligible for refunds based on the amount paid for the purchased product but not overlooking the terms and conditions of such refunds.

o. If a product is canceled or returned by Zikomo’s policies, any applied offers, promotions, or discounts may be forfeited.

p. Zikomo and/or the Supplier shall not be liable for offers, discounts, and promotional offers on the Platform.

3.6(B) What are the terms and conditions regarding the Supplier Offers?

a. Supplier Offers are subject to terms and conditions determined solely by Zikomo. These terms may vary for customers based on factors such as platform usage, transaction volume, location, etc.

b. Zikomo reserves the right to make offers available for a limited time and to modify, discontinue, or reject offers without prior notice.

c. Zikomo reserves the right to vary offer timing, availability, and other details at its discretion.

d. Offers, discounts, and promotional offers may be changed or amended periodically.

e. Certain offers may apply only to specific products covered under promotional offers and may be subject to availability.

f. Zikomo may cancel return or exchange options for products purchased under offers and discounts at its discretion.

g. Users are responsible for reviewing and complying with the terms and conditions of Supplier Offers.

h. Offers cannot be combined with other promotional offers or vouchers unless explicitly permitted.

i. Offers cannot be exchanged for cash and must be used by their terms and conditions.

j. Certain offers, discounts, and promotions may be applied at the cart level, with division among multiple products determined by Zikomo.

k. Users canceling or returning products subject to promotions offers, or discounts will receive refunds based on the amount paid for the purchased product.

l. If a product is canceled or returned, any applied offers, promotions, or discounts may be forfeited.

m. Zikomo and/or the Supplier shall not be liable for Supplier Offers on the Platform.

4. USE OF THE PLATFORM

Users can access and utilize the Platform, although there may be certain limitations:

1. The Company strives to maintain the 24/7 availability of the Application. However, it cannot guarantee uninterrupted, timely, or error-free access, nor can it assure that defects will be promptly corrected.

2. Users must have internet connectivity and telecommunication links to use the Application and they are responsible for associated costs. The Company bears no liability for these expenses.

3. Compatibility with all hardware and software used by Users is not guaranteed.

4. The Application may undergo frequent upgrades, with some functions temporarily unavailable. It is provided "as is" and "as available," with all implied warranties disclaimed.

5. Users are solely responsible for any damage to their data system or loss of data resulting from content downloaded from the Application. Guidance or information obtained from the Company or the Platform does not constitute a warranty unless explicitly stated otherwise.

4.2 Does the Company guarantee performance of the agreement or other arrangements interest between User(s) or otherwise in respect of products on Platform?

The Company does not guarantee the performance of agreements or arrangements between Users or about products on the Platform:

1. The Company serves as a facilitator for transactions between Suppliers and Users on the Platform and is not liable for any non-performance or breach of contract in User Transactions. It does not assure that Suppliers will fulfill transactions and is not obligated to mediate disputes between Users.

2. The Company does not endorse Users or Suppliers and disclaims liability for any inaccuracies in the information displayed on the Platform regarding them.

3. No representation or warranty is made by the Company regarding the specificity of items sold by Users. It is not responsible for any misuse of shared information or interactions on the platform.

4. The Company is not an arbitrator in property disputes and cannot verify the rights of Suppliers or Resellers to sell products on the Platform. Users are encouraged to report any listing that infringes on their rights or third-party rights.

5. The Company does not take possession of offered products during transactions nor does it gain any rights or claims over them. It bears no responsibility for damages or delays resulting from products that are out of stock, unavailable, or back-ordered. The company does not take responsibility for the supplier or seller’s misrepresentation of the product.

4.3 Whether the use of Platform (a) is restricted in any manner; and (b) requires any generic compliances from User? Users must adhere to strict guidelines when using the Platform:

1. All information shared must be lawful and accurate, and Users should not engage in activities such as hosting or sharing content that infringes upon the rights of others, is harmful, harassing, defamatory, obscene, or violates any laws.

2. User registration details must be truthful, and Users should not share their account credentials with others

.
3. Content shared by Users should not promote violence, hate speech, illegal activities, or offensive material.

4. Users must ensure they have the necessary rights to the content they share and should not violate any intellectual property or privacy rights of others.


5. The Platform should not be used in any unlawful manner or to harm the Company or any other individuals or entities.

6. Users should not upload or share any files or software that may contain viruses or harm the Platform or its users.


7. Impersonation or misrepresentation of identity is strictly prohibited.


8. Users should not attempt to modify or delete any content on the Platform without authorization.

9. Offensive, discriminatory, or inappropriate content is not permitted

10. Users should not disrupt the functioning of the platform or interfere with the experience of other users.


11. Unauthorized access to the Platform or attempts to breach its security measures are prohibited.

12. Users should not use any means to interfere with the proper functioning of the Platform or transactions conducted on it.


13. Compliance with all applicable laws, including those related to information technology, exchange control, and taxation, is mandatory.

14. Users grant the Company the right to use the information they provide by the terms of this Agreement.

The Company reserves the right to disable user accounts if they fail to comply with these guidelines, and may take legal action against those involved in hacking or unauthorized activities.

5. FAIR USAGE POLICY

To maintain the integrity of our platform and ensure fair usage for all customers, we monitor customer behavior closely, including order history and usage patterns. If we detect any misuse or policy violations, such as excessive returns, fraudulent activity, or suspicious behavior, we reserve the right to take appropriate actions.

These actions may include restricting certain benefits or services that are available to other users, imposing service fees, discontinuing cash-on-delivery (COD) options, blocking refund claims, or restricting return options. In severe cases, we may also block users from transacting on the platform altogether.

Customers who demonstrate consistent and valid transactions on the platform may receive special benefits from suppliers at their discretion and according to their policies. We are committed to fostering a positive and trustworthy environment for all users, and these measures help us achieve that goal.

6. ACCURACY AND COMPLETENESS OF INFORMATION ON THE PLATFORM

The accuracy and completeness of information on the platform are crucial for the smooth functioning of the services provided by Zikomo Online Shopping Ltd. The Company makes every effort to ensure that the information posted on the Platform is accurate, complete, and up-to-date, but it does not warrant or guarantee its accuracy, completeness, or reliability. Users are advised to exercise their judgment and discretion in using the information provided on the Platform. The Company is not liable for any damages or losses resulting from inaccurate or incomplete information on the Platform. If any User notices any inaccuracies or errors on the Platform, they are encouraged to report it to the Company's support team.

6.2 Is information related to products on Plaform provided by the Company?

The Company does not exclusively provide all product information on the Platform. Suppliers, who are Users themselves, also contribute product-related details for the items they intend to sell. It is the Suppliers' responsibility to ensure the accuracy of this information. To prevent misleading users, Suppliers are advised against exaggerating or overstating the attributes of their products.

While the Company reserves the right to monitor the materials posted on the Platform, it is not obligated to do so. However, if any content is found to violate applicable laws or the terms outlined in these Terms of Service, the Company retains the right to remove or modify such content. The Company does not assume liability for any content posted by Users or any resulting claims, damages, or losses arising from its use.

Suppliers bear sole responsibility for the accuracy of product details such as quality, value, and salability. The Company does not endorse or guarantee the sale or purchase of any products and does not provide warranties or guarantees for products sold to Users. The Company also does not guarantee the correctness, accuracy, or reliability of the information available on the Platform, which may be provided by Users including Suppliers.

7. LISTING AND SELLING

As a Supplier, apart from adhering to the terms outlined in this Agreement, you are also obligated to comply with various laws of Zambia These laws include, but are not limited to:

1. Zambian Revenue Authority
2. ZAMRA, ZABS, ZEMA.
3. The Competition and Consumer Protection Commission (CCPC)
4. Food and drug regulation - product packaging and labeling.
By these statutes and regulations, and any other relevant laws applicable during our partnership, it is your responsibility as a Supplier to ensure that the packaging of the products complies with labeling and packaging requirements, as well as other prescribed laws. The Company cannot be held responsible for any non-compliance in this regard. Consequently, you, as the Supplier, agree to indemnify the Company and the Platform against any harm or loss resulting from violations of the regulations above or other applicable laws.

7.2 When can the Suppliers get their products listed?

Suppliers may list their products for sale on the Application by the terms outlined in this Agreement and any other contracts they have entered with the Company specifically for this purpose, which details the rights and obligations of both parties.

By listing their products on the Platform, Suppliers assert that they have the legal authority to sell or list those products and that the listed items do not violate any intellectual property rights, trade secrets, or other proprietary rights, nor do they infringe upon any individual's rights of publicity or privacy. It is expressly prohibited for Suppliers to use images belonging to third parties without obtaining the owner's consent, particularly those sourced from social media platforms. Both Suppliers and Users acknowledge that any such breach is not the responsibility of the Company.

8. USER INFORMATION AND THIRD-PARTY TOOLS/LINKS

8.1 What information is collected from the User? How does the Company deal with the information provided to it by a User while using the Platform?

The Company gathers a variety of information from Users, which can be categorized into non-personal and personal information.

This information, whether personal or non-personal, is utilized to facilitate various functions on the platform, such as registration, order placement, product listing, and payment processing.

For a thorough understanding of how this information is handled and processed, Users are advised to review the Platform's Privacy Policy, which can be found on the platform itself.

8.2 Does the Company use Third Party tools on the Platform?

The Company may grant Users access to third-party tools via the Platform, which the Company does not monitor or control. Users understand and accept that access to such tools is provided on an "as is" and "as available" basis, without any warranties, representations, or conditions, and endorsement by the Company. The Company bears no liability for any issues arising from or related to the use of optional third-party tools.

If Users choose to utilize optional tools provided through the Application/Platform, they do so entirely at their own risk and discretion. Users are responsible for ensuring they understand and agree to the terms of use provided by the relevant third-party provider(s).

The Company may introduce new features on the platform over time, which could involve the integration of new third-party tools and resources. These new features remain subject to this Agreement. Any concerns or inquiries regarding third-party tools or websites should be addressed directly to the third-party providers.

8.3 Does the Company use third-party links or third-party tools on the Platform? Are these links and tools accurate and secure?


Certain content or products are accessible via the Platform and may contain materials sourced from third parties. Third-party links provided on the Application /Platform may redirect Users to websites not affiliated with the Company. The Company does not undertake to review or assess the content or accuracy of these third-party materials or websites and disclaims any warranty or liability concerning them.

Users acknowledge that the Company bears no responsibility for any third-party materials, websites, or any other products or services provided by third parties. The Company shall not be held liable for any damages or harm arising from the purchase or use of goods, services, content, resources, or any transactions conducted on third-party websites, irrespective of the presence of links on the platform. It is advisable for Users to carefully review the policies and practices of such third parties before engaging in any transactions.

9. INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT

9.1 Can the User use the content published on the Platform such as the "Zikomo" mark when doing business with other parties?

1. Users are prohibited from using any trademark, service mark, or logo belonging to independent third parties without obtaining prior written approval from the respective parties.

2. The trademarks "Zikomo" and associated icons and logos, whether registered or unregistered, are the exclusive property of the Company and are safeguarded under relevant copyright, trademark, and other proprietary laws. Unauthorized adoption, copying, modification, use, or publication of these marks by Users is strictly prohibited.

3. Users are not permitted to alter the paper or digital copies of any materials obtained through printing or downloading, and they must refrain from using any illustrations, photographs, videos, audio sequences, or graphics independently of accompanying text.

4. Any commercial use of materials sourced from the Platform requires prior authorization from the Company. All rights not explicitly granted under this Agreement by the Company are hereby reserved.

5. Users acknowledge that the Platform and associated software may contain security components designed to protect digital materials and that the use of such materials is governed by usage rules established by the Company or other facilitating parties. Users agree not to attempt to bypass, disable, circumvent, or otherwise interfere with any such security components or usage rules integrated into the Platform.

9.2 How does the Company deal with IP infringement?

1. Any trademark, wordmark, or intellectual property associated with any User(s) or Supplier(s) remains the exclusive property of the respective User(s)/Supplier(s), and the Company does not assert any ownership or rights over such intellectual property.

2. The Company reserves the unilateral right to remove any material, content, photos, or offers displayed on the Platform that, in the Company's reasonable judgment, is unlawful, could potentially subject the Company to liability, violate this Agreement, or are deemed inappropriate by the Company. The Company also retains the right to cooperate with any investigations related to such matters.

3. The Company retains the discretion to suspend or terminate a User's account as it deems appropriate. Users acknowledge that the Company bears no liability to any User, including liability for consequential damages, should the Company take action in response to allegations of intellectual property infringement.

4. Users understand and accept that the Company does not act as an arbitrator or judge in disputes concerning intellectual property. The Company encourages Users to assist in identifying listings on the Platform that they believe infringe their rights or the rights of third parties.

5. Delisting a product from the Platform serves to protect the Company's interests. The removal of a listing does not imply an endorsement by the Company of an infringement claim. Likewise, the Company's decision not to remove a listing does not signify an endorsement that the listing is non-infringing or an endorsement of any sale or supply of merchandise or services associated with that listing.

6. For further details, Users are advised to refer to the Intellectual Property Policy accessible on the Application.

10. DISCLAIMER AND LIABILITIES

**10.1 Standard Disclaimers: **

1. The Company shall not be liable to Users, including Resellers or anyone acting on behalf of a User, for any special, incidental, indirect, consequential, exemplary, or punitive damages, whether under contract, negligence, strict liability, or other legal or equitable theories. This includes damages such as loss of goodwill, revenue, opportunity, profits, use, data, or any other foreseeable or unforeseeable damages, even if the Company has been advised of the possibility of such damages.

2. The Company disclaims liability for any injury, loss, claim, or damages of any kind arising from the use of the Platform. This includes but is not limited to direct, indirect, incidental, punitive, special, or consequential damages, whether based on contract, tort, strict liability, or otherwise. The Company is not responsible for errors or omissions in content posted on the Platform, or for any loss or damage incurred from the use of such content.

3. Users are solely responsible for any damages to their data systems or loss of data resulting from the download of content from the Platform. Any guidance or information obtained from the Company, or the Platform does not constitute a warranty unless explicitly stated otherwise.

4. Suppliers are responsible for the accuracy of product information listed on the Platform. Users bear sole responsibility for the safe and legal use of products purchased through the Platform. The Company disclaims any liability for loss, claims, damages, or injuries resulting from the misuse of products sold by Suppliers on the Platform.

**10.2 Disclaimers Regarding Advertisements: **

a. Advertisements on the Platform are provided for general information only, and the Company does not guarantee their accuracy or reliability. The Company is not liable for any reliance placed on such advertisements by Users.

b. The content of advertisements on the Platform is created by third-party advertisers, and the Company does not endorse or control this content. Users engage with advertisers at their own risk, and the Company is not liable for any transactions or dealings with advertisers.

c. Any correspondence or transactions between Users and advertisers are solely between the parties involved, and the Company is not responsible for any loss or damage arising from such dealings.

d. If Users click on a link within an advertisement that redirects them to a third-party website, they do so at their own risk. The Company is not responsible for the content or policies of third-party websites.

e. The Company disclaims liability for any inaccuracies, misrepresentations, or misleading content in advertisements on the Platform.

**10.3 Disclaimers Regarding Other Advertisements: **

1. Images of products in Other Advertisements are for illustrative purposes only and may not accurately represent the actual products.

2. Product deals/discounts mentioned in Other Advertisements are offered solely by participating sellers/brands, and the Company bears no responsibility for these offers.

3. Starting prices mentioned in Other Advertisements are for reference only, and actual prices may vary.

4. Scenes, characters, and references in brand films and videos in Other Advertisements are fictional and for representational purposes only.

5. Offers, discounts, and promotions displayed in Other Advertisements may vary based on various factors, and the Company reserves the right to amend or discontinue them without prior notice.

6. The Company is not liable for inaccuracies in data displayed in Other Advertisements.

**10.4 Force Majeure Event Disclaimer: **

1. The Company is not liable for any damages arising from force majeure or similar circumstances that directly or indirectly affect the Company or the Platform. Such circumstances include but are not limited to labor disputes, governmental actions, war, civil unrest, natural disasters, and infrastructure failures.

2. In the event of a force majeure event or circumstances beyond the Company's control, the Company may suspend or limit the Platform until further notice.

**10.5 User Liability for Damages: ** Users agree to indemnify, defend, and hold harmless the company from any losses, liabilities, claims, suits, damages, costs, and expenses arising from (1) User's breach of this Agreement; (2) claims by third parties related to User's use of the Platform; (3) User's violations on of third-party rights, including intellectual property rights; and (4) User's violation of applicable laws.

11. COMMUNICATION

11.1 How to contact the Company in case of any queries regarding this Agreement or grievances relating to the Platform?

All queries, concerns, or questions about the Agreement should be sent to the Company at legalsupport@zikomo.com. Mr.Young Chanka is the designated Grievance Officer in respect of this Agreement. Any complaints or concerns about the Platform or any breach of this Agreement can be directed to the designated Grievance Officer in writing at the following address: Plot no - 10 Northmead, Malila close off lubambe Road Lusaka, Zambia

 

11.2 Consumer Protection Compliance

By the Consumer Protection Authority please find the required details:

The legal name of the e-commerce entity: is Zikomo Online Shopping Ltd.

Website: www.zikomoonline.shop
Email Address: sales@zikomoonline.shop TPIN- 20022111856

**11.3 Communication with Users:**

1. Notices or demands to Users will be considered effective if delivered personally, sent by courier, certified mail, facsimile, or email to the last-known contact details provided by the User on the Platform. Notices may also be posted on a publicly accessible area of the Platform.

2. Notice to Users is deemed received when sent to the address, email, or other communication details provided by the User during registration, whether in physical or electronic form. Notices are also considered received immediately upon publication on a publicly accessible area of the Platform.

**11.4 Handling Calls from Company Representatives:**

Users should be cautious of fraudulent callers or messengers claiming to represent the Company. Authorized Company representatives will never request money for prizes or ask for confidential information like passwords/PINs/CVV over the phone. If Users are asked for confidential details by someone claiming to be a Company representative, they should request communication via email and only respond to emails from the Zikomoonline.shop.com domain. Users can refer to the Anti-Phishing communication available on the Platform for further guidance.

**11.5 Confidentiality of Communication:**

All calls to the Company are confidential, although they may be recorded for quality assurance purposes. Additionally, for training and ensuring excellent customer service, calls may be monitored and recorded by the Company.

**12. Miscellaneous Provisions:**

12.1 This Agreement is governed by Zambian laws, and any legal proceedings relating to this Agreement or the Platform will be subject to the jurisdiction of the courts in Lusaka, Zambia.

12.2 The Company reserves the right to assign its obligations and duties under this Agreement to any person or entity.

12.3 Failure by the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

12.4 The Platform is operated from Zambia, and the Company makes no representation that the content, information, or materials available are appropriate or accessible in other locations. Users accessing the platform from outside Zambia do so at their own risk and are responsible for compliance with local laws.

12.5 The Company reserves the right to introduce new features, functionalities, and components to the Platform, or modify, suspend, discontinue, or remove existing ones without prior notice. Additionally, the Company may discontinue or begin charging for Services that were previously free of cost without prior notice to Users.