Tifambe · Legal

Tifambe — Terms of Use

Our Terms and Conditions

1.1 These terms of use explain how you may access and use Tifambe application (the App), our services, Application, tools and other applications.

1.2 References in these terms, to the App include the following application: [Tifambe] and all associated applications.

1.3 You should read these terms and conditions carefully before using the App.

1.4 BY CLICKING ON THE ACCEPTANCE BUTTON REQUIRED TO COMPLETE REGISTRATION AS A DRIVER (MARKED 'DO YOU ACCEPT THESE TERMS AND CONDITIONS?' YOU INDICATE ACCEPTANCE OF THESE TERMS AND CONDITIONS. YOUR ACCEPTANCE MEANS THAT YOU AGREE TO AND SHALL COMPLY WITH OUR APPLICATION ACCEPTABLE USE POLICY, OUR PRIVACY POLICY, AND OUR Application TERMS AND CONDITIONS OF SUPPLY AND/OR LISTING. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (‘CORPORATE ENTITY’). IN THESE TERMS AND CONDITIONS, 'YOU' AND ‘YOUR’ INCLUDES BOTH THE READER AND ANY CORPORATE ENTITY.

1.5 If you have any questions about the App, please contact apps@invalcre.com

1.6 Definitions

Content
means any text, image, video, audio or other multimedia content, software or other information or material submitted to or on the App;

Unwanted Submission
has the meaning given to it in clause 5.1;

Application acceptable use policy
means the policy, which governs your permitted use of the App;

Application privacy policy
means the policy, which governs how we process any personal data collected from you;

Application terms and conditions of supply
means the terms and conditions, which will apply to you accept pickup requests using the App;

Application terms and conditions of accepting
means the terms and conditions, which will apply to you accepting and picking up passengers using the App;

We, us or our
means Invalcre private Limited company registration number 22887/2021. References to we, us or our in these Terms and Conditions or in any policy referenced in these Terms and Conditions, also includes our subsidiary companies from time to time;

You or your
means the person (natural person or if accessed on behalf of a juristic person the juristic person) accessing or using the App or its Content.

1.7 Your use of the App means that you must also comply with our Application acceptable use policy, our Privacy policy, our Cookie policy and our Application terms and conditions of supply and/or listing.

2. Using the App

2.1 Tifambe is a pickups and rideshare app that allows users to request local pickups or rideshares. The actual contract for pickups and rideshares is directly between the driver and passengers.

2.2 You agree that you are solely responsible for:

2.2.1 all costs and expenses you may incur in relation to your use of the App; and

2.2.2 keeping your password and other account details confidential

2.3 the App is intended for use only by those who can access it from within Zimbabwe.

2.4 We seek to make the App as accessible as possible. If you have any difficulties using the App, please contact us at apps@invalcre.com

2.5 We may prevent or suspend your access to the App if you do not comply with any part of the App's terms and conditions, any terms or policies to which they refer or any applicable law.

3. Ownership, use and intellectual property rights

3.1 The App and all intellectual property rights in it, including but not limited to, any content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights, in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and are free to use them as we see fit.

3.2 Nothing in these terms and conditions grants you any legal rights in the App other than as necessary to enable you to access the App. You agree not to adjust to try to circumvent or delete any notices contained on the App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the App.

3.3 Trademarks: "Tifambe" and "Invalcre" are our trademarks. Other trademarks and trade names may also be used on this App. The use of any trademarks on the App is strictly prohibited unless you have our prior written permission.

4. Software

4.1 Software may be made available for you to download in order to help the App work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider's legal responsibilities are, and provisions that limit a software provider's legal responsibilities to you.

4.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

5. Submitting information to the App

5.1 Whilst we try to make sure that the App is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the App to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

6. Accuracy of information and availability of the App

6.1 While we try to make sure that the App is accurate, up-to-date and free from bugs, we cannot gurantee that it will be. Furthermore, we cannot guarantee that the App will be fit or suitable for any purpose. Any reliance that you may place on the information on this App is at your own risk.

6.2 We may suspend or terminate operation of the App at any time as we see fit.

6.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other Applications that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

6.4 While we try to make sure that the App is available for your use, we do not guarantee that the App is available at all times nor do we guarnatee the uninterrupted use by you of the App.

7. Hyperlinks and third party Apps

7.1 the App may contain hyperlinks or references to third party Applications other than the App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party Applications and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party Application does not mean that we endorse that third party's Application, products or services. Your use of a third party App may be governed by the terms and conditions of that third party App.

8. Limitation on our liability

8.1 Except for:

8.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);

8.1.2 fraud or fraudulent misrepresentation;

8.1.3 breach of any of the provisions implied into these terms and conditions under the Zimbabwe Consumer Contracts Act Chapter 8:3;

we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).

8.2 You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS", and "AS AVAILABLE", basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.3 The contract for sale shall be personal between the Seller (the person offering and/or selling goods using the App) and the Buyer (the person ordering goods using the App) and We shall not be responsible for nor have any liability in terms of any dealings between the Seller and the Buyer. For the avoidance of doubt We shall not be responsible for nor be liable with regards to the delivery of or the payment for the goods or with regards to the safety or quality of the goods supplied.

9. Events beyond our control

9.1 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

10. Rights of third parties

10.1 No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.

11. Variation

11.1 These terms are dated 04 November 2022. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the App and by continuing to use and access the App following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

12. Disputes

12.1 We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of the Republic of Zimbabwe will have exclusive jurisdiction in relation to the Terms and Conditions. Relevant Zimbabwean law will apply to these Terms and Conditions.

Acceptable Use Policy

1. Introduction

1.1 Together with our General Application Terms and Conditions of use, this acceptable use policy governs how you may access and use the App.
1.2 Definitions:

App
includes the following app(s):Tifambe app, and all associated apps.

Submission or submissions
means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the App;

We, us or our
means Invalcre private Limited company registration number 22887/2021. References to us in these terms also includes our subsidiary companies from time to time;

You or your
means the person accessing or using the App or its Content.

2. Restrictions on use

2.1    As a condition of your use of the App, you agree:
2.1.1    not to use the App for any purpose that is unlawful under any applicable law or prohibited by this policy or our General Application terms and conditions of use;
2.1.2    not to use the App to commit any act of fraud;
2.1.3    not to use the App to distribute viruses or malware or other similar harmful software code;
2.1.4    not to use the App for purposes of promoting unsolicited advertising or sending spam;
2.1.5    not to use the App to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
2.1.6    not to use the App in any manner that disrupts the operation of our App or business or the Application or business of any other entity;
2.1.7    not to use the App in any manner that harms minors;
2.1.8    not to promote any unlawful activity;
2.1.9    not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
2.1.10    not to use the App to gain unauthorised access to or use of computers, data, systems, accounts or networks;
2.1.11    not to attempt to circumvent password or user authentication methods; and
2.1.12    to comply with the provisions relating to our Intellectual Property Rights and Software contained in our General Application terms and conditions of use.

3. Interactive services

3.1    We may make bulletin boards, chat rooms or other communication services (‘Interactive Services’) available on the App.
3.2    We are not obliged to monitor or moderate Submissions to Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
3.3    We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.
3.4    Any Submission you make must comply with our Submission standards set out below.

4. Submission standards

4.1    Any Submission or communication to users of our App must conform to standards of accuracy, decency and lawfulness, which shall be applied in our absolute discretion. In particular, you warrant that any Submission or communication is:
4.1.1    your own original work and lawfully submitted;
4.1.2    factually accurate or your own genuinely held belief;
4.1.3    provided with the necessary consent of any third party;
4.1.4    not defamatory or likely to give rise to an allegation of defamation;
4.1.5    not offensive, obscene, sexually explicit, discriminatory or deceptive; and
4.1.6    unlikely to cause offence, embarrassment or annoyance to others.

5. Linking and framing

5.1    You may create a link to our App from another Application without our prior written consent provided no such link:
5.1.1    creates a frame or any other browser or border environment around the content of our App;
5.1.2    implies that we endorse your products or services or any of the products or services of, or available through, the Application on which you place a link to our App;
5.1.3    displays any of the trade marks or logos used on our App without our permission or that of the owner of such trade marks or logos; or
5.1.4    is placed on a Application that itself does not meet the acceptable use requirements of this policy.
5.2    We reserve the right to require you to immediately remove any link to the App at any time, and you shall immediately comply with any request by us to remove any such link.

6. Using the Invalcre, Tifambe name and logo

6.1 You may not use our trade marks, logos or trade names except in accordance with this policy and our General Application terms and conditions of use.

7. Breach

7.1 We shall apply the terms of this policy in our absolute discretion. In the event of your breach of these terms we may terminate or suspend your use of the App, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.

8. Disputes

8.1 We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of the Zimbabwe will have exclusive jurisdiction in relation to the Terms. Relevant Zimbabwe law will apply to these Terms.