1. Introduction

1.1 Welcome to Everything Zimbabwean https://everythingzimbabwean.com. Everything Zimbabwean is a multivendor online shopping mall, which provides a platform for communication, whereby users may meet and interact with one another for the purpose of the sale and purchase of items. Everything Zimbabwean does not buy or sell items.

1.2 These are the terms and conditions governing your access to and use of the website https://everythingzimbabwean.com (“us”, “we”, “EziMall” and “our”) and its related sub-domains, sites, services and tools (the “Site”). Please read them carefully as they affect your rights and liabilities under Zimbabwe’s laws.

1.2 By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Everything Zimbabwean in relation to your use of the Site (the “User Agreement”).

1.3 This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.

1.4 Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Everything Zimbabwean’s Privacy Policy (the “Privacy Policy”). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Everything Zimbabwean.

1.5 Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

1.6 The terms and conditions contained herein apply to consumers and suppliers as defined in the Consumer Protection Act [Chapter 14:44] (“CPA”). Nothing in these terms and conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for us or users in terms of the CPA.

2. Eligibility for Membership

2.1 Everything Zimbabwean wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore, membership, registration, and transacting on the Site is not available to persons under the age of 18 years.

2.2 You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Everything Zimbabwean under this User Agreement or at law, Everything Zimbabwean reserves the right to limit or withdraw access to the Site or the membership of any person if Everything Zimbabwean believes that person is under the age of 18 years.

2.3 The Site is not available to persons whose membership has been suspended or withdrawn by Everything Zimbabwean. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading.

2.4 No person or business entity may register as a member of the Site more than once.

3. Your Account and Registration Obligations

3.1 When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.

3.2 On becoming a member of the Site:

3.2.1 You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.

3.2.2 You agree to immediately notify Everything Zimbabwean of any unauthorised use of your password or account or any other breach of security. In no event will Everything Zimbabwean be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.

3.2.3 You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse Everything Zimbabwean for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.

3.2.4 You will provide true, accurate, current and complete information about yourself as prompted by Everything Zimbabwean’s registration form (the “Registration Data”).

3.2.5 You agree to receive promotional emails from Everything Zimbabwean pertaining to any new changes, features or promotional activities added to the Site. If at any time, you decide that you do not wish to receive promotional emails, you can opt-out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

3.3 Everything Zimbabwean may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or proof of residents.

4. Electronic Communications

4.1 You agree that Everything Zimbabwean may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Amendments to this User Agreement

5.1 Everything Zimbabwean may periodically update or change the terms and conditions contained herein, without notice. You should check them from time to time as your continued use of our services will mean you accept any updated or revised general terms.

6. Fees and Services

6.1 The Site is an online platform allowing for the sale and purchase of items between sellers and buyers.

6.2 Browsing on the Site is free. Everything Zimbabwean does not charge any fee for browsing the Site.

6.3 Everything Zimbabwean charges listing fees for advertisements.

7. Everything Zimbabwean Payments

7.1 Everything Zimbabwean does not facilitate the making of payments by buyers to sellers and is not involved in the process of buying and selling items on the Site.

7.2 Payment for items sold or purchased on the Site may be made through Ecocash, cash bank transfer or any other payment method, directly to the seller, and on terms agreed between the seller and the buyer.

7.3 All sales and purchases on the Site are bipartite contracts between the buyer and the seller of an item(s) and Everything Zimbabwean is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does Everything Zimbabwean have any fiduciary duty to any user.

8. Pricing Policy

8.1 All prices are quoted in US dollar (UD$) and all transactions will be charged in US$. The actual amount to be paid in RTGS/ ZWL currency will be determined using our bank’s prevailing exchange rate. All prices are inclusive of VAT (where applicable) and are correct at the time of entering the information onto the system. Prices may change and offers may be withdrawn at any time.

8.2 Although Sellers should ensure that all prices displayed on our website are accurate, errors may sometimes occur. If an error is discovered in the price of an item a buyer has ordered, the seller will contact the buyer as soon as possible. The buyer will then have the option to reconfirm the order at the correct price or cancel it. If the seller is unable to contact the buyer, the seller will treat the order in respect of the incorrectly priced item as cancelled.

9. Delivery

9.1 Everything Zimbabwean is not responsible for or facilitating the delivery of goods purchased on the site. The buyer and the seller may agree on any collection or delivery point.

9.2 Everything Zimbabwean shall be under no liability for any delay or failure to deliver the products.

10. Order Cancellation

10.1 If, for any reason, you wish to cancel any order you have placed before it has been delivered or been made available for collection you can cancel the order yourself in the My Account section of the website or contact the Everything Zimbabwean Customer Service team.

10.2 As it is the policy for sellers to try and process orders immediately it may not always be possible to stop an order from being dispatched. After dispatch, the Returns Policy will apply. Please note that your right to return goods does not apply to certain products, including but not limited to personalised, perishable or time-critical goods.

11. Return Policy

11.1 Please note that not all products are returnable and not all shops will accept returns. Each product will be labelled, on the site, if the return policy applies or not.

11.2 To claim a refund or exchange any item you are not satisfied with, contact the respective seller through email or available telephone numbers quoting the product name, receipt number (if any), and reason of return within seven (7) days of the item being delivered to your nominated address or collected.

11.3 Everything Zimbabwean will forward the request to the shop the product was purchased. If the seller agrees to accept the return of the product, the buyer shall return items in their original condition, unused, in their original packaging, with garment tags and any other security devices still attached within seven (7) days. The buyer will be responsible for the cost of returning the goods.

11.4 Returned goods must be in their original packaging, in their original condition, and have the original or copy of the invoice. There will be no refunds for certain goods which by their nature cannot be returned. Such items include, but are not limited to, items damaged by the buyers’ mishandling, items which cannot be resold for health and hygiene reasons once unwrapped (e.g. certain items of clothing, personal grooming products and certain baby products etc.) and reading materials such as magazines and newspapers.

11.5 Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to not remove the hygiene seals. Refunds will not be provided in circumstances where the hygiene seal have been removed, or where the cosmetics used.

11.6 Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion and will be refunded the amount paid. Additionally, any complimentary promotional gift given with an order must also be returned if you are returning those goods to which the gift is related.

11.7 Everything Zimbabwean, its officers, employees, agents, affiliates shall not be liable if the store from which you purchased a product fails to return any goods or money paid, as we are only facilitating the process.

12. Users Information

12.1 Users grant Everything Zimbabwean a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, provided to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the “Information”) for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy.

12.2 Users are solely responsible for the Information, and Everything Zimbabwean acts as a passive conduit for the users’ online distribution and publication of the Information.

13. Use of the Site

13.1 While using the Site, Users will not:

13.1.1 post Information or content or list items in an inappropriate category or areas on our Site;

13.1.2 post items they do not have a right to link to or include;

13.1.3 post items that are concurrently listed for sale on a website other than the Site;

13.1.4 post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;

13.1.5 post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;

13.1.6 post counterfeit or stolen items;

13.1.7 post Information or items which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;

13.1.8 post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;

13.1.9 post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;

13.1.10 post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;

13.1.11 post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Zimbabwean law, rules, morals, values, ethics and traditions;

13.1.12 post Information or content or list items which may (in our sole discretion) threaten national security;

13.1.13 post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;

13.1.14 use “keyword spamming” in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);

13.1.15 fail to make payment for items purchased by you, unless the seller has materially changed the item’s description or related matters after you bid/purchase, or a clear typographical error is made, or you cannot authenticate the seller’s identity;

13.1.16 fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;

13.1.17 attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;

13.1.18 use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;

13.1.19 claim an item was not sold when in Everything Zimbabwean’s sole discretion the item was sold in accordance with this User Agreement and the Site’s policies;

13.1.20 manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);

13.1.21 circumvent or manipulate any fee structure, the billing process, or fees owed to Everything Zimbabwean;

13.1.22 take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Everything Zimbabwean);

13.1.23 transfer your Site account (including feedback) and username to another party without our consent;

13.1.24 distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

13.1.25 distribute viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;

13.1.26 create liability for Everything Zimbabwean or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

13.1.27 take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

13.1.28 interfere or attempt to interfere with the proper working of the Site;

13.1.29 attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;

13.1.30 use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;

13.1.31 attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;

13.1.32 export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;

13.1.33 copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;

13.1.34 violate any laws, rules, regulations, guidelines, third party rights or our policies;

13.1.35 abuse any of EziMall’s policies or terms and conditions posted on the Site from time to time.

14. Users undertake, represent and warrant that:

14.1 they are 18 years of age or over the age of 18 years;

14.2 if they are a corporate representative, that the said representative has authority to bind the corporate entity;

14.3 they are the sole and exclusive legal and beneficial owner of all items of any description that they wish to offer for sale on the Site and they have complete right, title and authority to deal in and offer for sale such items;

14.4 they will inform Everything Zimbabwean of any postings, items or transactions which appear to be in violation of this User Agreement;

14.5 they shall comply with all applicable domestic and international laws and regulations regarding and relating to their use of the Site;

14.6 information provided on the Site in respect of items they wish to sell shall be as accurate as reasonably possible;

14.7 they will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass the use of Everything Zimbabwean;

14.8 they will not use the contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;

14.9 they will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and

14.10 they will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

15. Trademarks

15.1 “EziMall”, ‘ezimall.co.zw’ and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Everything Zimbabwean and are protected by trademark and other intellectual property rights and laws.

15.2 Everything Zimbabwean’s trademarks may not be used in connection with any product or service that is not Everything Zimbabwean’s or in any manner that disparages or discredits Everything Zimbabwean.

15.3 All other trademarks not owned by Everything Zimbabwean that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Everything Zimbabwean.

16. Abusing Everything Zimbabwean

16.1 Please report problems of any kind or violations of this User Agreement to Everything Zimbabwean.

16.2 If you believe that your intellectual property rights have been violated, please notify Everything Zimbabwean.

16.3 Without prejudice to any other rights and remedies of Everything Zimbabwean under this User Agreement or at law, Everything Zimbabwean may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content.

16.4 Everything Zimbabwean may also choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

17. Limitation on Liability

17.1 Everything Zimbabwean, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Everything Zimbabwean has been advised of the possibility of such losses or damages).

17.2 If a user is dissatisfied with the Site or any content or materials on it, such users sole exclusive remedy is to discontinue use of it.

17.3 Everything Zimbabwean cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same.

17.4 Everything Zimbabwean is not responsible for other users’ content, actions, or inactions, or items or Information they list or post. Everything Zimbabwean shall not be liable or responsible for:

17.4.1 any non-performance or breach of any contract entered into between users. The contract for the sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with Everything Zimbabwean nor shall Everything Zimbabwean have any obligations or liabilities in respect of such item or the contract between the buyer and seller.

17.4.2 unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.

17.4.3 mediating or resolving any dispute or disagreement between users.

17.4.4 Guaranteeing the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.

17.5 Everything Zimbabwean does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, it does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is Everything Zimbabwean a supplier or manufacturer of any items sold by users or purchased by users.

17.6 Everything Zimbabwean does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.

17.7 The Site may include links to third-party websites that are controlled by and maintained by others. Everything Zimbabwean does not accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Everything Zimbabwean is not responsible for the content or availability of any such sites.

17.8 When users independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and Everything Zimbabwean holds no responsibility in respect of such arrangements.

17.9 Everything Zimbabwean accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

17.10 Everything Zimbabwean excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.

17.11 Users release and indemnify EZIMALL and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and users specifically waive any claims that they may have in this regard under any applicable law.

18. Privacy

18.1 Everything Zimbabwean shall take reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed.

18.2 Everything Zimbabwean has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else).

18.3 Users agree that Everything Zimbabwean may process your personal information that is provided to it for the purposes of providing the services on Everything Zimbabwean and for sending marketing communications to users and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

19. Breach of User Agreement

19.1 Without prejudice to any other rights and remedies of Everything Zimbabwean under this User Agreement or at law or otherwise, Everything Zimbabwean may immediately and without liability: limit users activity, remove bids, end listings, warn other users of another users actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or
withdraw a user’s access to the Site if:

19.1.1 If a user breaches this User Agreement; or

19.1.2 If Everything Zimbabwean is unable to verify or authenticate any information you provide; or

19.1.3 If Everything Zimbabwean believes (in its sole discretion) that a user’s actions may cause legal liability for the said user, other users or Everything Zimbabwean.

19.2 Everything Zimbabwean may at any time at its sole discretion reinstate suspended users.

19.3 A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Everything Zimbabwean or use the Site in any manner whatsoever until such time that such user is reinstated by Everything Zimbabwean.

19.4 Notwithstanding the foregoing, if you breach this User Agreement Everything Zimbabwean reserves the right to recover any amounts due and owing by you to Everything Zimbabwean or any losses and damages caused by you to Everything Zimbabwean and to take such steps including legal action and/or the initiation of criminal proceedings against you as Everything Zimbabwean in its sole discretion deems necessary. In such an instance, the breaching party will be liable to pay legal costs on the attorney-client scale, together with tracing fees, collection commission and related costs.

19.5 The failure to act in respect of a breach by a user or other third party does not constitute a waiver of Everything Zimbabwean’s right to take any actions with respect to that or subsequent or similar breaches. Everything Zimbabwean does not guarantee that it will take action against all breaches that there may be of this User Agreement.

20. Feedback

20.1 Everything Zimbabwean encourages users, buyers and sellers on the Site to provide feedback on each other’s conduct or products after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller. Any feedback provided will be displayed along with your user name/ID on the Site. A User cannot retract the feedback once it is given.

20.2 Everything Zimbabwean will not be responsible or liable in any way for the feedback that is posted on the Site.

20.3 Users agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments.

20.4 Users further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback.

20.5 Where a user continuously receives negative feedback and/or low ratings, without prejudice to any other rights and remedies of Everything Zimbabwean under this User Agreement or at law, Everything Zimbabwean reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.

20.6 Feedback ratings are not designed for any purpose other than for facilitating trading between the users, Users, therefore, agree that they shall not market or export Everything Zimbabwean feedback rating to any other website or location, other than on the Site.

21. Withdrawal of Access and/or Membership

21.1 Without prejudice to any other rights and remedies of Everything Zimbabwean under this User Agreement or at law or otherwise, Everything Zimbabwean may limit, suspend or withdraw your membership and/or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.

22. No Warranty

22.1 Everything Zimbabwean provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement.

22.2 Everything Zimbabwean makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted.

22.3 Everything Zimbabwean makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. Everything Zimbabwean has no obligation to provide support for the Site. Users expressly agree that they use the Site at their own risk.

23. Indemnity

23.1 Users agree to indemnify and hold Everything Zimbabwean and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

24. Relationship and Notice

24.1 None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between a user and Everything Zimbabwean and you shall have no authority to bind Everything Zimbabwean in any manner whatsoever.

24.2 Except as explicitly stated otherwise, any notices to Everything Zimbabwean from a user shall be given by the user by email to Everything Zimbabwean with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Everything Zimbabwean by return email.

24.3 Any notices to you from Everything Zimbabwean shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.

25. Disputes

25.1 If any dispute, claim, controversy or difference (including in relation to any delictual or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the dispute through good-faith negotiations over a period of fourteen (14) calendar days commencing on the date that a party first sends to the other party written notice of the Dispute.

25.2 In the event that a Dispute has not been settled amicably by the relevant parties by the end of such fourteen (14) calendar day period, the parties hereby agree that the Dispute shall be referred to and finally resolved in the Magistrates Court in Harare.

26. Transfer of Rights and Obligations

26.1 Users grant Everything Zimbabwean the right to, and irrevocably acknowledge and agree that Everything Zimbabwean may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement.

26.2 Everything Zimbabwean agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site.

26.3 Users may not at any time, without the prior written consent of Everything Zimbabwean, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement.

27. General

27.1 If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement.

27.2 This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between users and Everything Zimbabwean with respect to the subject matter hereof.

27.3 No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

28. Governing Law

28.1 This User Agreement is governed by, and construed in accordance with, Zimbabwean law. This clause will survive any expiry or cancellation of this User Agreement for any reason.