TERMS AND CONDITIONS
Last updated: November 17, 2021
Welcome to ezambezi.com. Ezambezi.com Services LLC and/or its affiliates (“ezambezi”) provide website features and other products and services to you when you visit or shop at e-zambezi.com, use ezambezi products or services, use ezambezi applications for mobile, or use software provided by ezambezi in connection with any of the foregoing (collectively, “ezambezi Services”). By using the ezambezi Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of ezambezi Services, and sometimes additional terms may apply. When you use an ezambezi Service (for example, Your Profile, Gift Cards, ezambezi Video, Your Media Library, ezambezi devices, or ezambezi applications) you also will be subject to the guidelines, terms and agreements applicable to that ezambezi Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
CREATING AN EZAMBEZI VENDORS ACCOUNT, SELLING ON EZAMBEZI, EZAMBEZI CHARGES, PLANS, DELIVERY FEES AND HOW TO WITHDRAW
Please review our Privacy Notice, which also governs your use of ezambezi Services, to understand our practices.
ALCOHOL, ADULT TOYS & SMOKABLES
When you use ezambezi Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other ezambezi Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any ezambezi Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ezambezi or its content suppliers and protected by Zambia and international copyright laws. The compilation of all content included in or made available through any ezambezi Service is the exclusive property of ezambezi and protected by Zambia and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ezambezi Service are trademarks or trade dress of ezambezi in Zambia and other countries. Ezambezi’s trademarks and trade dress may not be used in connection with any product or service that is not ezambezi’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ezambezi. All other trademarks not owned by ezambezi that appear in any ezambezi Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ezambezi.
One or more patents owned by ezambezi apply to the ezambezi Services and to the features and services accessible via the ezambezi Services. Portions of the ezambezi Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions and any Service Terms, and your payment of any applicable fees, ezambezi or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ezambezi Services. This license does not include any resale or commercial use of any ezambezi Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ezambezi Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ezambezi or its licensors, suppliers, publishers, rightsholders, or other content providers. No ezambezi Service, nor any part of any ezambezi Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ezambezi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ezambezi without express written consent. You may not use any meta tags or any other “hidden text” utilizing ezambezi’s name or trademarks without the express written consent of ezambezi. You may not misuse the ezambezi Services. You may use the ezambezi Services only as permitted by law. The licenses granted by ezambezi terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own ezambezi account to use certain ezambezi Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account or you can pay through cash on delivery. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Ezambezi does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the ezambezi Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their ezambezi Household. Alcohol listings on ezambezi are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Ezambezi reserves the right to refuse service, terminate accounts, terminate your rights to use ezambezi Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Amazon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant ezambezi a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ezambezi and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ezambezi for all claims resulting from content you supply. Ezambezi has the right but not the obligation to monitor and edit or remove any activity or content. Ezambezi takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Ezambezi respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us and will provide Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from ezambezi are made pursuant to a shipment and carrier contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
ezambezi does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ezambezi does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
Ezambezi attempts to be as accurate as possible. However, ezambezi does not warrant that product descriptions or other content of any ezambezi Service is accurate, complete, reliable, current, or error-free. If a product offered by ezambezi itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on ezambezi and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on ezambezi.
With respect to items sold by ezambezi, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by ezambezi is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by ezambezi, such as the ezambezi App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
Parties other than ezambezi operate stores, provide services or software, or sell product lines through the ezambezi Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from ezambezi. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). ezambezi does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE EZAMBEZI SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZAMBEZI SERVICES ARE PROVIDED BY EZAMBEZI ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EZAMBEZI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE E-ZAMBEZI SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZAMBEZI SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EZAMBEZI SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, EZAMBEZI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZAMBEZI DOES NOT WARRANT THAT THE EZAMBEZI SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZAMBEZI SERVICES, EZAMBEZI’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EZAMBEZI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, EZAMBEZI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EZAMBEZI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EZAMBEZI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of ezambezi Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ezambezi.com, Inc. Lusaka, Zambia Cairo Road, kenneth Kaunda House
ADDITIONAL EZAMBEZI SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with ezambezi Services (the “ezambezi Software”).
- Use of the ezambezi Software. You may use ezambezi Software solely for purposes of enabling you to use the ezambezi Services as provided by ezambezi, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the ezambezi Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the ezambezi Software in whole or in part. All software used in any ezambezi Service is the property of ezambezi or its software suppliers and is protected by Zambia and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the ezambezi Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the ezambezi Software at any time and without notice to you.
- Government End Users. If you are a Zambia Government end user, we are licensing the Ezambezi Software to you as a “Commercial Item” and the rights we grant you to the ezambezi Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other ezambezi or third-party terms applicable to any portion of Amazon Software, such as open-source license terms, such other terms will control as to that portion of the ezambezi Software and to the extent of the conflict.