Welcome to the User Agreement for Mukuru.com ("User Agreement").

The services available at http://www.mukuru.com are registered at 3RD FLOOR ABFORD HOUSE 15 WILTON ROAD VICTORIA LONDON

This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.mukuru.com (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as a Mukuru user. Please note: underlined words and phrases are click-through links to these pages and websites.

By agreeing to this User Agreement, you also agree that your use of other Mukuru web sites will be governed by the user agreement posted on those other web sites.

If you have any questions about this User Agreement, please email support@mukuru.com.

We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out in section 6 below.

This User Agreement is effective on 15 March 2005 for new registering users.

1. Membership Eligibility.


Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Mukuru members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.


2. User ID.


You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.



3. Buying Products .



3.1 Purchasing Mukuru Vouchers Purchasing Mukuru Vouchers You agree that the Vouchers you buy have a tailored expiry period per product, namely Fuel - 90 Days. Please also note that fuel bought on Mukuru makes you the buyer a Direct Fuel Importer. In other words the product is in your name once you have paid. Risk of nationalisation of product falls on you the holder of the coupon

3.2 Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

3.3 Money Transfer rate shifts Mukuru Ltd can not be held responsilbe for untimely deposits in recipient bank accounts, if the exchange rate changes Mukuru Ltd is in no way liable for any perceived or real historical value loss.

3.4 Recipient Account Details Mukuru Ltd can not be held responsible for losses in rate or inflation due to erroneous account details being supplied, or if the recipient account is deactivated, frozen or closed.

3.5 Hard Currency Collections Mukuru Ltd can not be held responsible for unavailability of USD or ZAR at the collection points in Zimbabwe. Your recipient will be given the option to wait until USD is restocked in their city, or collect a ZAR value instead. The rate at which the ZAR may be collected will be determined by the disbursement office, and Mukuru accepts no responsibility for any losses incurred to the recipient during the FX change.

3.6 Reasonable Notice Period Mukuru Ltd reserves the right not to investigate unfulfilled money transfers if the customer or recipient has not brought the matter to our attention for more than 22 days after the order was placed. The customer must alert Mukuru.com that there is a problem with an order within this time, as recipient banks are often unable to cooperate with requests for transfers older than this date.



4. Fees.

Joining Mukuru and browsing products and services is free.



5. Your Information.


5.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the Mukuru service including the registration, purchasing, forwading or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information.

5.2 Restrictions Your Information and your activities on our Site must not:


1. be false, inaccurate or misleading;
2. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
3. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
4. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
5. be obscene, indecent or contain child pornography;
6. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
7. link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this User Agreement;
8. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
9. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.


5.3 Licence To enable Mukuru to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

5.4 Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Mukuru by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Mukuru and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.


6. Breach.


Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.


7. Transfer of Data


We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the United Kingdom. The laws on holding personal data in the United Kingdom may be less stringent than the other regional laws but Mukuru will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.


8. No Warranty.


We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.


9. Limitation of Liability.


Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.


10. Indemnity.


You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.


11. Notices.

Unless otherwise explicitly stated, notices to Mukuru must be sent by registered mail to 3RD FLOOR ABFORD HOUSE 15 WILTON ROAD VICTORIA LONDON, and notices to you will be sent to the email address that you provide to Mukuru during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.



12. Governing Law and Legal Compliance.


This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).

The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction.


13. Dispute Resolution.


Disputes between you and Mukuru regarding our services may be reported to Mukuru customer support .


14. Third Party Rights.


A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.


15. General.



If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Mukuru, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Mukuru are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.


16. Premium Rate Calls for SMS Top-ups .
If you pay for SMS Top-ups via the Premium Rate Telephone Number and you are not the person paying the phone bill, you must ask the permission of the person who does pay the phone bill before entering. Once the Premium Rate Telephone Number has been dialled and the line connected, the person paying the phone bill will be charged £1 whether or not you are selected to hold the line or leave your details. Mukuru Ltd will not be liable to reimburse expenses incurred on making an entry or calling the Premium Rate Telephone Number.

17. DStv Purchases:

Mukuru Limited can only facilitate payment for DStv subscriptions for MultiChoice Africa accounts registered in Zimbabwe. Mukuru Limited is only responsible for facilitating subscription payments, it is not responsible for providing the receipt of DStv services, any queries relating to DStv services should be referred to MultiChoice Zimbabwe.

Whilst MultiChoice endorses Mukuru’s services, it shall not in any way be held responsible, or liable to any third party, agents or recipients using Mukuru’s services for any loss, theft or fraud that might be committed by Mukuru.

Payment accepted by Mukuru does not necessarily guarantee reconnection/connection to DStv services. If a DStv account has been disconnected for any reason, MultiChoice Zimbabwe will not reconnect the account, despite payment being received, unless a written request, from the account holder is received. Additionally, if there is an arrears amount on an account, any payment received will be used to repay the arrears first.


18. FUEL COUPONS

Limitation of Liability and Risk pertaining to the issue of fuel Coupons- Mukuru Ltd's obligation in respect of the purchase of fuel extends as far as making the coupon available for collection by the authorised recipient or purchaser thereof. Mukuru Ltd is in no way liable for any breach of performance on the part of the coupon issuer and any loss whatsoever caused thereby. By accepting the coupons from Mukuru Ltd, or it's authorised agent, the recipient, purchaser or authorised bearer thereof is deemed to be bound by the terms and conditions of the Zimbabwean oil company that has produced the coupons.