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Pazimba Marketplace Buyer Agreement

This Marketplace Buyer Agreement  (hereinafter shortened as MBA) governs any purchases you make through the Pazimba.com Marketplace. PLEASE READ THIS MBA CAREFULLY.

Agreement to Pazimba.com's Terms of Use and Privacy Policy. The terms of this MBA are in addition to and supplement Pazimba.com's Terms of Use and Privacy Policy that you agreed to upon creating your My Account. By clicking  to agree to the terms of use and private policy, or by clicking to enter this MBA, you also reaffirm your agreement to abide by Pazimba.com's Terms of Use and Privacy Policy.

 

Making Marketplace Purchases. Pazimba.com provides the Marketplace as a location for buyers to locate and purchase new and used products from sellers that are independent of Pazimba.com. When you make a purchase through the Marketplace, you are purchasing the product from the independent seller and not from Pazimba.com. You agree that Pazimba.com is not an agent for you or for the seller and has no authority to act on your or on a seller's behalf. Pazimba.com reserves the right to change any of the terms and conditions contained in this MBA or any policies or rules governing the Marketplace at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised MBA or such policies and rules on the Pazimba.com site. Material changes to the MBA shall be accompanied without notice on the information area of the Site, and you are solely responsible for reviewing any such notice and the corresponding changes to the MBA. YOUR CONTINUED USE OF THE MARKETPLACE FOLLOWING ANY SUCH REVISIONS TO THE MBA OR SUCH POICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE MARKETPLACE AND ASSOCIATED SERVICES.

Shipment. Shipment of the products you purchase in the Marketplace are made by the seller and not Pazimba.com. You agree that Pazimba.com has no obligation to ship to you any product you purchase in the Marketplace. You agree that Pazimba.com may provide to the seller your shipping address for shipment of the products you purchase. You agree to pay the shipping charges in full for any product that you purchase.

Privacy. YOU ACKNOWLEDGE, CONSENT AND AGREE THAT PAZIMBA.COM SHALL PROVIDE SELLERS WITH INFORMATION THAT IS REASONABLY NECESSARY FOR SELLERS TO SHIP THE PRODUCTS TO YOU AND TO COMMUNICATE WITH YOU REGARDING SUCH SHIPMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR PURCHASE. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, YOUR "SHIP TO" INFORMATION AND YOUR EMAIL ADDRESS. YOU HEREBY AGREE THAT PAZIMBA.COM SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY SELLER. You may receive access to certain information concerning other Marketplace users when you use the Marketplace. You hereby represent, warrant and agree (a) not to use any information regarding other Marketplace users which is accessible from the Marketplace or that may be disclosed to you by Pazimba.com, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct Pazimba.com deems unacceptable or objectionable.

Payment. When you make a purchase through the website or the Marketplace, you pay the seller through your Pazimba.com My Account using a valid credit card, valid bank details, valid e-wallet services or some other form of payment issued to you or by using credit in your My Account obtained through a gift certificate or voucher. Your credit card will be authorized for the entire order amount immediately upon your placement of the order, and will be charged immediately upon Pazimba.com's receipt of shipment confirmation by the seller. You hereby authorize Pazimba.com to charge your credit card, bank account, e-wallet or credit on accounts for any amount that you may owe Pazimba.com or the seller. In addition, Pazimba.com may also set off any amounts that you owe to Pazimba.com or the seller against any amounts owed to you by Pazimba.com or the seller. IN FACILITATING YOUR PAYMENT TO THE SELLER, PAZIMBA.COM DOES NOT PROVIDE YOUR CREDIT CARD OR ANY OTHER PAYMENT CREDENTIALS/INFORMATION TO THE SELLER.

Taxes. You agree that you and seller are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your Marketplace purchase. You are responsible to collect, report and remit any value-added, sales, use or other taxes required under applicable law. You agree (a) that Pazimba.com has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold Pazimba.com and each seller harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing. Without limiting the generality of the foregoing, Pazimba.com currently automatically charges value added tax with respect to any marketplace products shipped around Zimbabwe.

Changing or Cancelling Marketplace Orders. Once you have placed an order for a product in the Marketplace, seller will be handling all aspects of the order process. Pazimba.com will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller for any changes or cancellations that you wish to make to your order. The seller's contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.

Marketplace Customer Service. Other than to verify that payment to the seller through your My Account was completed, Pazimba.com does not provide any customer support for any purchase you make through the marketplace, and you agree that Pazimba.com is not responsible to provide any such support. If you have any questions about the product you purchased or your shipment you must contact the seller of your product directly for any customer support that you need. The seller's contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.

Marketplace Returns. You may not make any returns to Pazimba.com of products you purchase in the Marketplace. You must contact the seller for any product returns that you wish to make. The seller's contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.

Marketplace Feedback. You agree that feedback you provide concerning Marketplace sellers will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that Pazimba.com may publicly post your feedback without any payment or other obligation to you. You agree that Pazimba.com may edit your feedback in any way that Pazimba.com sees fit and that Pazimba.com may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.

Use of Marketplace. You hereby represent and warrant that your use of the Marketplace will comply with applicable laws, ordinances and regulations. Pazimba.com may exclude any buyer, including you, from making purchases in the Marketplace at any time and for any reason.

Dispute Resolution and Refunds. If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the Marketplace, you must contact us directly to attempt to resolve the problem. You may be refered to the individual seller in which case Pazimba.com may not mediate disputes. Refunds and returns are dealt with in our returns policy. 

PAZIMBA.COM IS NOT THE SELLER/MERCHANT OF ANY OF THE GOODS OR SERVICES ON THE MARKETPLACE. BECAUSE THE MARKETPLACE ALLOWS YOU TO MAKE THE SALE THROUGH THE PAZIMBA.COM BASKET WITHOUT YOU HAVING TO PASS YOUR CREDIT CARD OR PAYMENT DETAILS TO TO THE SELLER.  

Pazimba.com may immediately suspend or terminate your account and charge your credit card or any other payment system on file to recover any damages and costs incurred in connection with such fraudulent activity. In addition, any such fraudulent activity is a criminal offense and violators will be prosecuted to the fullest extent of the law.

Indemnity. You agree to indemnify, defend and hold harmless Pazimba.com and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of any provision of this MBA, or your violation of any law, regulation or third-party right.

RELEASE. IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, OR BETWEEN YOU AND A SELLER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, YOU HEREBY RELEASE PAZIMBA.COM AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.

YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT. THE PAZIMBA.COM MARKETPLACE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." PAZIMBA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE PAZIMBA.COM MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PAZIMBA.COM MARKETPLACE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE MARKETPLACE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL PAZIMBA.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS MBA, YOUR USE OF THE PAZIMBA.COM MARKETPLACE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT OBTAINED THROUGH THE MARKETPLACE, ANY DELAY OR INABILITY TO USE THE PAZIMBA.COM MARKETPLACE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE PAZIMBA.COM MARKETPLACE, OR OTHERWISE ARISING OUT OF THE USE OF THE PAZIMBA.COM MARKETPLACE OR THE PAZIMBA.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF PAZIMBA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MBA, THE MAXIMUM LIABILITY THAT PAZIMBA.COM SHALL HAVE IS LIMITED TO ANY COMMISSIONS ACTUALY RECEIVED BY PAZIMBA.COM IN CONNECTION WITH ANY PURCHASES MADE BY YOU FROM A SELLER THROUGH THE MARKETPLACE. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF PAZIMBA.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS MBA) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

General. No delay or failure by Pazimba.com to take action under this MBA shall constitute any waiver by Pazimba.com of any provision of this MBA. If any provision of this MBA is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this MBA will continue in full force and effect. This MBA will bind and inure to the benefit of Pazimba.com's successors and assigns. Any claim under this MBA must be brought within one (1) year after the cause of action arises. This MBA shall be governed by the laws of Zimbabwe without regard to or application of any conflict of laws provisions. You agree that the sole and exclusive venue and jurisdiction for any action arising out of this MBA shall be the courts sitting in Harare, Zimbabwe. This MBA is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this MBA shall be null and void. Pazimba.com may freely assign this MBA without consent or notice. This MBA MBA constitutes the complete and exclusive agreement between Pazimba.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.


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