Terms of Service
Introduction
Thank you for using Wangu!
These Terms of Service (“Terms”) govern your access to and use of the Wangu mobile platform, service, technology, platform or any other products or features owned, operated, branded or offered by Wangu( “Wangu” or the “Service), except where we expressly state that separate terms(and not these) apply. For the purposes of these Terms, “we” or “us” refers to the party with whom you are entering into this agreement as per clause 2a (Parties).Please read these Terms carefully, and contact us if you have any questions.
You may not use the Service to do or share anything contrary to these Terms. For clarity, these Terms include , and incorporate by reference our Privacy policy.
By accessing or using Wangu, you agree to be bound by these Terms. If you do not agree to our Terms, you must not access or use Wangu.
Your Acceptance of this Agreement
These terms of service are entered into by and between you and Steady State Solutions (“Company”, “ we”, “us”, or “our”).By using the app ( or by clicking to accept or agree to the Terms of Service when this option is made available to you), you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy incorporated herein by reference. By accessing and using the mobile platform, you: ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE;YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND YOU AGREE IF YOU ACCESS THE MOBILE PLATFORM IN A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
3. Updates to Terms of Service We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the mobile platform thereafter.Any significant changes will be notifiable by message/ every time you interact with Wangu.Continuing to use the mobile platform following the posting of revised Terms of Service means that you accept and agree to the changes . You are expected to check this page each time you access the mobile platform so you are aware of any changes , as they are binding on you.
4. Your Responsibilities
You are required to ensure that all persons who access this mobile platform are aware of this Agreement and comply with it. It is a condition of your use of the mobile platform that all the information you provide on the mobile platform is correct, current and complete.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR USE OF THE APP , YOUR PHONE, INTERNET AND DATA SECURITY.
5. User Submissions
Your Content: We do not claim ownership of any information,data, text,photographs,music,graphics,video, messages, tags or other materials you submit for display or distribution to others through the Service(collectively, “User Submissions”).
Rights You Grant Us: As between you and us, you own all your rights to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid,licence throughout the universe to use, distribute, license, reproduce, modify, adapt, publish,translate,create derivative works and publicly display your User Submissions(in whole or in part) in any format or medium now known or later developed;provided,however, that our exercise of our rights under the foregoing licence shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under Privacy Policy.
We reserve the right to display advertisements in connection with User Submissions and to use User submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Wangu platform. In consideration for us granting you access and use of Wangu, you agree that we may place such advertisements throughout our services.
Responsibility for your Content: We do not pre-screen User submissions, and you agree that you are solely responsible for all your User Submissions.You represent and warrant that your User Submissions and our authorised use of such submissions do not infringe the rights of any third party(including without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
We are not required to host, display or distribute any User submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You, and not we, are responsible for any consequences of sharing personal information about yourself on public platforms of the Service such as the home address or the home address of others.
We own all rights, title, and interests in any compilation, collective work or derivative work created using or by incorporating your content(but not your original content). When you use a feature on the Services that allows users to share, transform,readapt, modify, or combine user content with the other content , you grant us and our users an irrevocable, non-exclusive, royalty free,perpetual,right and licence in the universe to use, reproduce, modify, display,adapt, promote, create derivative works, and syndicate your content in any medium and through any from of technology or distribution and to permit any derivative works to be licensed under these same licence terms.The rights granted under this section will survive the termination of these Terms.
All content provided on Wangu is intended for “buyers” and “sellers” to meet and transact. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED “AS IS”, AND YOUR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.
6. Prohibited ActivitiesYou may use Wangu only for lawful purposes and in accordance with these Terms of Service. You agree not to use Wangu:
In any way that violates any applicable municipal, local or international law or regulation(including, without limitation, any laws regarding the export data software to and from Zimbabwe or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our terms of use.
To post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
To send,knowingly receive, upload, use or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
To impersonate or attempt to impersonate the Company , a Company employee, another user, or any other persona or entity(including , without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the platform, or which as determined by us, may harm the Company or users of the Wangu, or expose them to liability.
Additionally, you agree not to:
Use Wangu in any manner that could disrupt or interfere with our Services , for example excessive requests to our platform or other harmful code.
7. Intellectual Property Rights
You acknowledge and agree that, as between you and us, we own all right, title and interest in and to Wangu and all intellectual property rights (including but not limited to the copyrights, trademarks and patents) therein (the “Wangu IP”) and you must not use any of the Wangu IP, except as necessary for your permitted use of Wangu. For clarity, Wangu IP does not include User Content.
The platform (Wangu), and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design,selection and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Zimbabwe and international copyright,trademark,patent,trade secret and other intellectual property or proprietary rights laws.
These Terms of Service allow you to use the platform for the intended purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, download, store or transmit any of the material on our platform except as follows:
Your computer/ mobile phone may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.You may store files that are automatically cached by your Web browser for display enhancement purposes.If we provide desktop,or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by our End User License Agreement for such applications.
Any use of this mobile platform which is not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. If you use the Wangu IP in breach of these Terms, your right to use Wangu will terminate immediately and you must, at our option, return or destroy any copies of the Wangu IP you have made. No right, title or interest in or to Wangu IP is transferred to you under these Terms, and we reserve all the rights not expressly granted.
[More simply put;We respect intellectual property, including copyrights and trademarks. You should, too.]
8. Our rightsWe have the right, without provision of notice to:Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities or notifying the harmed party of any illegal or unauthorised use of the mobile platform; and Terminate or suspend your access to all or part of the mobile platform for any or no reason including without limitation, any violation of these Terms of Service.
9. Third party links, sites and services For your convenience, Wangu may contain links to third party websites, advertisers, services, software components, special offers or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third party websites, information, materials, products or services. If you access any third party website,service or content, etc from Wangu, you do so at your own risk and you agree that we have no liability arising from your use of, purchase from or access to any third party website, service, or content,etc.
10. Disclaimers , Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT YOUR USE OF WANGU, ITS CONTENT, ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH WANGU IS AT YOUR OWN RISK. WANGU, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH WANGU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WANGU TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOUR OR ANY OTHER PERSON OR THIRD PARTY POSTS OR SENDS USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE,
WE MAY MAKE CHANGES TO WANGU FOR VARIOUS REASONS. WE WILL HAVE NO LIABILITY FOR ANY CHANGE TO WANGU OR ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO, OR USE OF WANGU.
YOU ACKNOWLEDGE AND AGREE THAT WANGU OR ITS RESPECTIVE DIRECTORS, OFFICERS,EMPLOYEES,AGENTS,SERVICE PROVIDERS, CONTRACTORS,LICENSORS, LICENSEES,SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF WANGU OR ITS CONTENTS OR THAT ANY GOODS, SERVICES,DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH WANGU WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT WANGU OR THE SERVER THAT MAKES WANGU AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, CONTENT OR DESTRUCTIVE CODE.
b. How we limit our liability to You;
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW ;
IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD- PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL; OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA. REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) your access to use or inability to access or use the service; (b) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorised access,use or alteration of your transmission or content, WHETHER ARISING OUT OF BREACH OF CONTRACT, NEGLIGENCE, ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold Wangu harmless, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims,liabilities, damages, judgments, awards, losses, expenses, or fees( including reasonable legal fees) arising out of or relating to your breach of these Terms of Service or your use of Wangu including, but not limited to, third-party sites and content, any use of Wangu’s content and services other than as expressly authorised in these Terms of Service or any use of any goods, digital products and information purchased from Wangu.
11. Privacy PolicyYour provision of personal information through Wangu is governed by our privacy policy located at (the “Privacy Policy”).
12. Governing Law
These Terms and your use of the service shall be governed by the laws of Zimbabwe.
13. Dispute resolution For any dispute you have with us, you agree to first contact us and try to resolve the dispute informally. To the extent permitted by law, neither party may initiate any legal processes -whether in court, arbitration or any other forum-until the Notice of Dispute and Informal Dispute Resolution processes described below are complete. Nothing in this Section, however, will prevent either you or us from seeking an interdict in court (or in arbitration)to preserve the status quo or to help enforce this dispute resolution clause at the outset of any dispute.
A party with a dispute must first send us a Notice of Dispute, which must include your full name; your mobile number; your legal representative if you have one; a detailed description of both the dispute and alleged harm; and your signature. This information should be emailed to admin@steadystate.solutions. The notice can only be sent on behalf of an individual party. After receiving the Notice of Dispute, Steady State will respond within 60 days to attempt to resolve the dispute amicably. After the 60 day period has elapsed, either party may initiate arbitration in accordance with the laws of Zimbabwe.
Arbitration: If we haven’t been able to resolve the dispute through the mandatory processes above, you and we each agree to resolve the dispute or controversy arising out of or relating to these Terms or the Service through binding arbitration or, for qualifying claims, in the courts of Zimbabwe.
14.Severability
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
15.Entire Terms of ServiceThese Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written(and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of the Company.
16. WaiverNo failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
17. NoticeWe may provide any notice to you under these Terms of Service by(i) sending a message to the number you provide to us and consent to us using; or (ii) by posting on Wangu.
18. Effective DatePlease accept these Terms of Services by the 15th of September 2024. Continued use of the platform after this date will be deemed as consent/acceptance.
