Date Updated: 20 October 2020
Definitions
“Allumez Global” means either Allumez Capital, AllGlo or any other entity which Allumez Global Business Company may assign, cede or delegate any of their rights or obligations to.
“Allumez Global Website” means the Internet website published at the URL “www.allumezglobal.com” or another URL that Allumez Global notifies the Client of from time to time.
“Agreement” means these General Terms and applicable Service Terms, Service Orders and all annexures to any of these documents.
“Application” means a request for initiation of a Service(s) and / or provision of Good(s);
“Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of Zimbabwe..
“Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
“Client” is the party described as such on any Application or Service Order executed between it and Allumez Global.
“Client Data” means Data transmitted to the Client, data stored by the Client on the Allumez Global website, or data transmitted by the Client via the Allumez Global System,
“Data” means electronic representations of information in any form.
“Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
“Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
“Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
“Services” generally means each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
“Service Terms” means a document describing the terms on which Allumez Global will provide a particular Good or Service, as amended from time to time.
“Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
“Supplier” means a supplier of goods and / or services to Allumez Global.
Introduction
Allumez Global and its affiliates (“Allumez Capital” or “Allumez” or “the Company” or “we”) provides its content on its website or applications that post a link to this Terms of Use (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without prior notice, so please check back from time to time. These Terms were last updated on October 30, 2020. By accessing and using this Site, you agree to these Terms. For an explanation of the Company’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.
Interpretation & General
Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.
Governing law and Jurisdiction These Terms are governed by the laws of the Republic of Zimbabwe without reference to the principles of conflicts of laws thereof.
Copyrights
All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Allumez GLobal or its licensors and, to the extent applicable, is protected by Zimbabwean and international copyright laws. All rights not expressly granted are reserved.
Trademarks
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Allumez Global and its partners. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our partners, where applicable, you will not refer to or attribute any information to Allumez Global or its partners in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Allumez Global or its partners.
Use of site content
Allumez Global hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Allumez Global’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without Allumez Global’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Allumez Global intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
User postings
You agree that you will not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, obscene or amount to hate speech; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.
You acknowledge and agree that Allumez Global shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against Allumez Global for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Allumez Global’s use and publication of such submissions.
Allumez Global does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, Allumez Global does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Allumez Global reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
Notices of infringement and takedown by Allumez Global
Allumez Global prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Indemnification
You hereby indemnify, defend, and hold harmless Allumez Global and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Allumez Global Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Allumez Global and/or Allumez Global Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. Allumez Global reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
Third-party websites & Providers
We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Allumez Global has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
Accessibility statement
We strive to provide individuals with disabilities equal access to our services, including through an accessible website. If you have questions, comments, or encounter any difficulty in using our site, please contact: webmaster@allumezglobal.com
