ZITENGA ZIMBABWE - TERMS AND CONDITIONS

1.1 These Terms and Conditions ("Terms") govern the use of the website www.zitenga.com (the "Website" or "Platform") and the services provided by ZiTenga, a division of Bongani Ventures (Pvt) Ltd ("ZiTenga," "we," "us," or "our"). ZiTenga operates an online auction platform where users can bid for and/or sell goods in exchange for ZASH, a blockchain token, and can also bid for and/or sell ZASH in exchange for USD cash notes, subject to the applicable laws and regulations of Zimbabwe.

1.2 By accessing or using the Website and its services, you ("User," "you," or "your") agree to be bound by these Terms. Please read them carefully. If you do not agree to these Terms, you must not access or use the Website.

1.3 ZiTenga complies with emerging regulations on virtual assets. It is not the issuer of ZASH nor any other virtual asset. To use ZiTenga, you will need to have a ZiTenga wallet. To get a ZiTenga wallet, you will need to open an account at www.zitenga.com.

2.1 "AML/CTF" Means Anti-Money Laundering and Counter-Terrorism Financing, referring to laws, regulations, and procedures designed to prevent, detect, and report activities related to money laundering, terrorist financing, or other illicit financial activities under the Money Laundering and Proceeds of Crime Act and the Financial Intelligence Unit Act.

2.2 "Auction" means a sale process where Users can place Bids for Goods or ZASH listed on the Platform, or bid for ZASH with USD cash. …

2.3 – 2.17 Definitions include Bid, Bidder, Buyer, Goods, Personal Data, Platform, Perishable goods, Seller, ZASH, ZiTenga, ZiTenga Account, Verified Account, Virtual Asset, USD Cash Notes, User. (Full definitions copied from document.)

1. You must be at least 18 years old and a resident of Zimbabwe to use the Platform.
2. You must possess a fully verified ZiTenga Account to participate in Auctions or use any services on the Platform. This requires compliance with AML/CTF laws and verification.
3. By using the Platform, you represent and warrant that you meet these eligibility requirements.

4.1 To use the Platform, you must have a verified ZiTenga Account.

4.2 You are responsible for maintaining the confidentiality of your ZiTenga Account credentials.

4.3 You agree to: provide accurate information, have ZiTenga process your personal data per the Data Protection Act, notify ZiTenga of unauthorized use, accept responsibility for activities under your account.

4.4 ZiTenga will not be liable for loss or damage arising from your failure to comply with this section.

5.1 Listing of Goods and ZASH

1. Sellers may list Goods or ZASH, providing accurate descriptions, images and starting prices.
2. Sellers are required to deliver listed Goods to the ZiTenga Warehouse to complete the listing.
3. - 5.1.3 to 5.1.8 outline restrictions on perishable goods, ZiTenga's liability, risk transfer, right to review listings and remove violations.

5.2 Bidding

1. Bidders may place bids on listed Goods or ZASH.
2. All Bids must be made in ZASH (except Bids on ZASH which are in USD cash).
3. Other bidding rules and handling of funds are detailed.

5.3 Auction Closing & 5.4 Settlement

Details include highest bidder wins, tie-break rules, anti-sniping extension, refunds to losing bidders, and transfer of title.

6.1 ZiTenga may charge platform fees (warehouse, transaction, withdrawal). Detailed fee schedule is on the Website. ZiTenga may amend fees and will notify users where practicable.

6.3 Fees comply with Consumer Protection Act; no hidden fees.

7.1 ZASH is the primary currency. Users bear risks of token volatility.

7.2 USD cash notes accepted only for purchase of ZASH at depots; subject to CDD and exchange control risks.

8.1 Users must not engage in illegal activity, money laundering, trading prohibited items, shill bidding, spam, account duplication, or unauthorized access. Bots are prohibited unless expressly permitted. ZiTenga may investigate and take action including suspension and reporting.

Key points: services provided "as is"; assume risk for use; ZiTenga not responsible for third parties; limitation of liability to the extent permitted by Zimbabwean law; maximum liability limited to platform fees paid in prior 12 months plus ZASH value held.

Users agree to indemnify ZiTenga for breaches, violations of law, willful misconduct, and related claims, subject to procedures for notifications and defense.

All content protected. Users may not copy without consent. User-generated content license granted to ZiTenga; users represent they have rights. Infringement process via [email protected].

ZiTenga may modify Terms; material changes notified and where practical provided 30 days' notice. Continued use constitutes acceptance.

ZiTenga may suspend/terminate for reasons including breach, non-compliance, fraud; users may terminate via written request. Effects outlined including post-termination data access for 30 days.

Governing law: Republic of Zimbabwe. Dispute resolution: amicable settlement, mediation (Commercial Arbitration Centre, Harare), arbitration (Commercial Arbitration Centre), confidentiality of proceedings; special rules for ZiTenga disputes.

Waiver, severability, entire agreement, assignment, notices, non-discrimination and other general clauses.

Retention limited to necessary purposes or legal requirements; post-termination retention for legal reasons; user rights under Cyber and Data Protection Act; breach notification to POTRAZ within 72 hours.

Prohibited: arranging transactions off-platform, using bots, exploiting vulnerabilities. Violations can lead to suspension, forfeiture, and legal action.

Sellers may set reserve prices; not disclosed to bidders; if highest bid < reserve price, seller not obligated to sell; fees may apply.

Sellers must provide accurate descriptions and cooperate with buyers. ZiTenga may impose penalties, refund buyers, reverse transactions, or take legal action.

ZiTenga may cancel auctions for fraud, errors, technical issues, violations, or force majeure. Notifications and refunds procedures defined.

Buyers should verify condition/authenticity. ZiTenga may offer inspections; ZiTenga not guarantee condition except for gross negligence.

ZiTenga may use ZiTenga for payment and software integration. Users subject to ZiTenga terms. Data sharing for transactions; service availability; fees; liability allocation; dispute resolution; indemnification; privacy protections described.

Acceptance and rejection of USD cash notes; CDD; transaction limits; verification; risk and compliance rules.

Users authorize ZiTenga to request information from ZiTenga for verification/KYC/AML. Scope and purpose described, data security and revocation process outlined.

High volatility, market risk disclaimers, third-party platform risks, service disruption, security issues, and mitigation efforts.

Changes in law, limitations, third-party content liability, user-generated content, amendments, market fluctuations, AML/CTF compliance, Travel Rule, and other compliance obligations are set out in these clauses.

ZiTenga will ensure accessibility compliance and respond to feedback within 30 days at [email protected].