Read Our Terms
If you are a part of our community, you need to agree to our Terms & Conditions. In a nutshell, together we're exploring something amazing that has never been done before, but we provide you with no guarantees.
Read more below.
Terms & Conditions – South Africa
- Introduction
- These Terms and Conditions, together with the Privacy and Cookie Policy, constitute the agreement between the Parties and are binding and enforceable against any person who uses the Website and/or registers an Account on the Website (“the Terms”).
- If the acquisition of Tokens was part of any promotional venture by ZiTenga, then the Promotions document(s) also apply to the Terms.
- The website can be accessed at zitenga.com, related country-sites, mobile applications or API software (“the Website).
- The Parties to these Terms are:
- ZiTenga SA (Pty) Ltd (“ZiTenga”, “us”, “we” or “our”); and
- every person using the Website from South Africa or is purchasing Tokens from South African bank accounts (“user”, “you” or ”your”).
- The Website may enable the User to register an account (“the Account”) to:
- purchase various digital assets (“Tokens”), which may include Crypto Assets as defined by the FSCA from time to time;
- transfer Tokens to a digital wallet;
- sell
- By registering for an account, you unconditionally accept these Terms and agree to be bound by and act in accordance with You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Website and the Account, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. Depending on your country of residence, you might not be able to use all the functions of the Website and the Account.
- Kindly familiarise yourself with these Terms before using the Website or opening an Account.
- Authorised Financial Services Provider
- ZiTenga SA (Pty) Ltd is an authorised financial services provider (“FSP”) as contemplated by the Financial Advisory and Intermediary Services Act, No. 37 of 2002 (“the FAIS Act”).
ZiTenga’s FSP number is 53707 and is licenced under section 8 of the FAIS Act to render financial assets in relation to crypto assets.
- On 19 October 2022, the FSCA, by publishing a notice on the government gazette and their website, declared that crypto assets are financial products in terms of Section 1 of the FAIS
- Accordingly, the rendering of advisory and intermediary services related to crypto assets are regulated by the FAIS
- Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or ZiTenga in terms of the FAIS
- ZiTenga permits the use of this Website subject to the By using this Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms.
- Financial Intelligence Centre (“FIC”)
- ZiTenga SA (Pty) Ltd is an accountable institution as defined by section 1 of the Financial Intelligence Centre Act, No. 38 of 2001 (“FICA”). .
- In terms of FICA, accountable institutions have certain obligations as they relate to their clients, which includes:
- verifying the identity of the client;
- conducting enhanced due diligence on certain classes of persons;
- upholding sanctions against prohibited persons and entities identified by the Security Council of the United Nations;
- vigilance and reporting against suspected terrorist, proliferation and criminal financing;
- vigilance and reporting against suspected money laundering activities; and
- retention of clients’
- The obligations placed on ZiTenga by FICA may result in reporting a User’s activities or transactions and in such instances will be done in accordance with legislation and without notice to the
- Protection of Personal Information (“POPI”)
- ZiTenga SA is registered with the Information Regulator in terms of the Protection of Personal Information Act, No. 4 of 2013. (“POPIA”).
- In terms of POPIA ZiTenga has certain obligations towards the protection of your personal information. By using this Website and/or opening an Account, you consent to ZiTenga processing your personal information, in accordance with the Privacy and Cookie
- If you do not consent to the processing of personal information, you must not use our Website. If you no longer consent to our processing of your personal information, you must cease using the
- In terms of POPIA you are entitled to request the removal of your personal information from our records. Certain records are by other legislation required to be kept for prescribed periods of time. Should you make such a request in terms of POPIA, this request will be restricted in terms of other prevailing legislation. For more information consult the Privacy and Cookie
- Registration and Identity Verification
- Only registered users may order Tokens on the
- To register as a user, you may be required to
- provide a valid email address;
- provide a valid cell phone number;
- provide a password subject to certain complexity requirements; and
- provide certain information and personal details to verify your
- You agree and warrant that your username and password shall:
- be used for personal use only;
- be securely stored, and
- not be disclosed by you to any third
- For security purposes you agree to enter the correct username and password whenever ordering Tokens, failing which you will be denied
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these
- You agree to notify ZiTenga immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or
- ZiTenga makes use of third-party validation services to validate your identity and meet the statutory know your customer (“KYC”) requirements. By registering an Account you consent to the processing of your personal information for the purposes of validating your identity and statutory KYC Both ZiTenga and its third-party validation services partners are bound by the same obligations to ensure the integrity and privacy of your personal information. For more information on our data security policies, consult our Privacy and Cookie Policy.
- It is the User’s responsibility to provide complete and accurate information. ZiTenga cannot be held liable for the consequences of the User providing incomplete or incorrect information.
- Should the user require to see a history of his or her transactions, these records are available on the
- Restrictions and Eligibility
- By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal If you are under the age of 18 (eighteen), or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.
- You will not open, or attempt to open, an Account under any name except your own; or use your Account to carry out transactions on behalf of a third party;
- You acknowledge that an Account is only allowed to be opened in the name of a natural person: non-individual legal entities such as companies, trusts, partnerships and bodies corporate are prohibited from opening an Account;
- You agree that you will not open more than one Account in your name;
- You may not use the ZiTenga services for the following inappropriate behaviour (“Inappropriate Behaviour”):
- to in any way cause damage to ZiTenga, the Website or to other Users;
- to engage in conduct that is unlawful or for fraudulent purposes;
- that is in any way a breach of any law or regulation;
- that transmits unauthorized advertising or promotional material;
- to access anyone else’s data or accounts other than your own; and
- to perform a Denial of Service or Distributed Denial of Service attack against the ZiTenga
- ZiTenga reserves all rights and remedies available in law against such Inappropriate Behaviour, including but not limited to the right to suspend your Account, without consultation.
- You may not sign anyone up without their knowledge or their specific approval (“Spam Signups”). If you engage in Spam Signups, we reserve our right to disallow you from using the ZiTenga Website and
- The intellectual property of the ZiTenga network itself is copyrighted, including customer and ambassador databases, the online wallet IT system and all other associated
- The ambassador network is copyrighted. This network may not be
- The content on our social media platforms is copyrighted. You may not replicate, or modify it without our explicit permission. This includes:
- our Facebook group;
- our Twitter page;
- our LinkedIn page;
- our WhatsApp groups;
- our Telegram groups;
- our Instagram groups; and
- other
- Our promotional material is copyrighted. You may not replicate it or use it without permission.
- The ZiTenga logo, taglines and marketing material is copyrighted and you may not replicate it or use it without our
- Any breach of these terms could result in the following:
- discontinuation of the use of the ZiTenga Website and Account;
- report your activities to the relevant authorities; and
- legal action against
- Purchase of Tokens
- Payment can only be made once an Account has been opened and all validation requirements have been
- Payment for the purchase of Tokens can be made by clicking on the “Buy” button on the Website. After choosing which token you wish to purchase and what quantity, the price will be calculated in the currency
- The fees for the purchase will also be displayed. For more information on the applicable fees, consult Buy button in your wallet. We reserve the right to change the fees without prior notice, but shall update the wallet before doing
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption
- South African Payment may be made for Tokens via the following methods (“Supported Payment Method”) (depending on its availability and/or your eligibility to use such a method):
- InstantEFT; or
- Crypto Asset payments, including amongst others, Bitcoin and
- Due to legal and operational constraints, you must strictly adhere to the following payment requirements:
- you may only make a payment from a Supported Deposit Method held in your own name;
- you must not allow any third party to make a payment on your behalf; and
- you must not use cash or cheque deposits as payment. ZiTenga reserves the right to refuse any payment made by cash or cheque that is deposited into its banking
- Delivery
- Once payment has been unconditionally made, the amount reflected in our account and the transaction validation requirements have been met, the Tokens purchased will be released into your online wallet on the
- The user acknowledges that the risk transfers to the User at the moment of delivery taking place.
- Promotions
- ZiTenga, from time to time offers promotions to use the Website and/or to give away Tokens to eligible
- The detail related to the promotions can be accessed via the Website, or a Promotions document which will be released from time to
- ZiTenga reserves the right to implement, suspend or cancel any published promotion without prior
- Security
- ZiTenga takes online security very seriously and have taken measures to protect your Account. That said, some aspects of your Account’s protection are beyond our control and you are solely responsible for:
- maintaining adequate security and control over your Account. This includes keeping your username and password that is associated with your Account confidential;
- enabling any additional security features available to you such as two factor authentication;
- keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security;
- maintaining security and control over the email mailbox, phone and two-factor authentication applications or devices associated with your Account;
- maintaining adequate security on your devices against viruses, trojans, worms, remote access attacks and other related cyber-security threats that can compromise data on your devices; and
- accessing the website through secure
- Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Account and the loss or theft of any assets held in your wallet and/or saved debit card details. ZiTenga shall not be liable for, or in connection, with any unauthorised access to your Account, where such unauthorised access was due to no fault of ZiTenga, and/or any failure by you to act upon any notice or alert that we send to
- The security of your Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. ZiTenga strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing
- Care should be taken in reviewing messages purporting to originate from ZiTenga and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your ZiTenga Account through the ZiTenga website (specifically, https://www.zitenga.com, and not any other domain name or website purporting to be, or to be related to, ZiTenga) to review any transactions or required
- To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Account and accept all risks of any unauthorised or authorised access to your
- Risk Disclosure
- By using the Website and your Account, the User acknowledges that:
- there is an inherent risk with cryptocurrency, blockchain and other Crypto Assets;
- the products are financial products and not consumer goods; and
- no warranty is made regarding the future: value; demand for; desirability of; or suitability of – any product sold on the Website;
- As a result of clause 1 above, the User acknowledges that the value of the products sold on the Website have an inherent volatility, against which the User has no recourse against ZiTenga for any loss of value or investment arising from fluctuations in the value or price of the product(s). Sales of tokens are final and are so done without a cooling off period or a right to return the tokens.
- ZiTenga SA is an accountable institution in terms of the Financial Intelligence Centre
- The User acknowledges that he or she may not use their Account for proliferation finance, money laundering or terrorist financing activities as contemplated by
- The User acknowledges that ZiTenga is obligated to report transactions to the FIC that is deemed to be suspicious.
- The User acknowledges that in certain circumstances, enhanced due diligence measures may be applied, meaning that further information may be required in connection with an intended transaction or the parties to a transaction. In the event that inadequate or unsatisfactory information is provided, ZiTenga may decline to process/give effect to the intended
- The User acknowledges that it cannot process/give effect to transactions involving persons who are placed on the United Nations Targeted Financial Sanctions List or who are Politically Exposed
- The User acknowledges that ZiTenga may from time to time report transactional data of its users to the
- Reliance is placed on third-parties to develop, support and maintain the ZiTenga platform in order for it to be
- All Tokens held through an account is at your own risk. Any transactions performed with third-parties are entirely at your own
- ZiTenga may use third party cloud computing services (“Cloud Services”) . There are inherent risks associated with Cloud Services. In the event of the Cloud Services being interrupted or compromised, you agree to hold ZiTenga harmless from any liability associated with these third-party service
- Nothing contained on the Website constitutes legal, tax, or other
- Nothing on our Website should be construed as a solicitation or offer, or recommendation to engage in any
- Electronic Communications
- When you use the Website, send emails to us, you consent to receiving communications from us electronically in accordance with our Privacy & Cookie
- It is your responsibility to ensure that the correct email address, cellphone number or communication channel is entered for us to communicate with
- Service Availability
- ZiTenga does not provide any warranty as it relates to the availability of the Website or access to your It is our intention to resolve any interruptions to the access of the Website and your Account as soon as possible.
- Changes to Terms and Conditions
- ZiTenga reserves the right to amend these Terms and Conditions, as well as any other document that the constitutes the Terms such as the Privacy and Cookie Policy without prior notice to
- ZiTenga shall, at its sole discretion, inform you via email of any changes to the Terms it considers as material to the
- We encourage users to regularly consult our Website for the updated
- Acceptable Use Policy
- You must only use the content or services provided through the Website for their stated purpose. You must not use the Website or any other ZiTenga interface, wallet, application or program to:
- gain access to anyone’s ZiTenga account other than your own;
- grant access to your ZiTenga account to any other person without obtaining prior written approval from ZiTenga;
- publish, send, submit or display any information or engage in any conduct that is unlawful, discriminatory, harassing, defamatory, threatening, offensive, or otherwise objectionable;
- display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
- engage in any activity that involves facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
- engage in transactions involving stolen goods or from the proceeds of a crime;
- interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of the Website;
- violate any applicable laws or regulations;
- use the Website or links on the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from using the Website or links on the Website or that could damage, disable, overburden or impair the functioning of the Website or our servers or any networks connected to any of our servers in any manner;
- create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized User of the Website or a ZiTenga representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
- mislead or deceive us, our representatives and any third-parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
- disguise the origin of any material transmitted through the services provided by the Website, whether by forging message/packet headers or otherwise manipulating normal identification information;
- violate, infringe or misappropriate any intellectual or industrial property right of any person, such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party, or commit a delictual act;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorized advertising or promotional material;
- access any content, area or functionality of the Website that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Website;
- obtain unauthorised access to or interfere with the performance of the servers which host the Website or provide the services on the Website or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
- attempt to gain unauthorised access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or its services;
- harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner;
- use any part of the Website other than for its intended purpose; or
- use the Website to engage in or promote any activity that violates these
- By opening an Account, you confirm that you will not use your account to undertake any of the above-listed activities or any similar or related
- Account Inactivity
- Any account that has not been accessed for a period longer than 6 months will be deemed an inactive
- We reserve the right to charge a fee for inactive accounts and/or to suspend access to inactive accounts and/or to close inactive
- Closure of Account
- You may close your Account by submitting a closure request via email to We will action such requests once:
- the balances in your Account are below the Minimum Closure Amount; and
- no transactions have taken place in your Account for a period of at least 30
- You accept and acknowledge that, once your Account is closed:
- you will have no further access to it;
- We will be under no obligation to notify you of, or provide to you, any cryptocurrency sent to any receive address associated with your Account; and
- ZiTenga reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational
- If at the date of closure of your account any credit or cryptocurrency remains in your Account (i.e. credit amounting to less than the Minimum Closure Amount), you accept and agree that ZiTenga shall retain such credit and that you shall have no further claim to them. The Minimum Closure Amount shall be credit equal to 00 or the equivalent in your Local Currency.
- You accept and agree that ZiTenga shall not be liable to you or any third party in relation to the closure of your Account, the termination of access to your Account, or for the deletion of your information or Account
- Restriction, suspension and termination
- ZiTenga reserves the right to restrict, suspend or terminate your Account where:
- we reasonably suspect your Account is the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
- we reasonably suspect your Account has been or is being used in relation to any unlawful, fraudulent or breach of the Acceptable Use Policy found in clause1, or in breach of these Terms;
- we reasonably suspect you or your Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
- we reasonably suspect you of taking any action that ZiTenga considers to be a circumvention of our controls, including but not limited to opening multiple Accounts;
- we reasonably suspect your involvement in any attempt to gain unauthorised access to any Account;
- your Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Account;
- we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
- we reasonably conclude that you, or any person or geography with whom you transact, are / is the subject of any governmental
- ZiTenga will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise ZiTenga’s security and/or risk management You accept and agree that ZiTenga is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Account.
- Where ZiTenga elects to terminate your Account in accordance with the above, we shall (except where legally obligated not to) return your available Tokens and/or credit balance to
- In the event of the death of an Account holder:
- Should we receive legal documentation confirming your death or any other information leading us to believe that you have died, we reserve the right to restrict or suspend your Account for security purposes and, during this time, for no transactions to be completed until such time as:
- we receive instructions from your designated executor/fiduciary; or
- we receive proof in a form satisfactory to us that you have not in fact died.
- If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorise us to make all inquiries as may be necessary, whether directly or through third parties, in order to ascertain whether or not you have Upon receipt by us of proof satisfactory to us that you have died, the executor/fiduciary that you have designated in a valid Will or similar testamentary document may instruct us in writing to:
- sell the applicable cryptocurrency for Local Currency and withdraw that Local Currency to a bank account nominated in writing by the executor/fiduciary; or
- transfer the applicable cryptocurrency to another cryptocurrency wallet nominated in writing by the executor/fiduciary.
- If you have not designated an executor/fiduciary, then we reserve the right to treat as your executor/fiduciary any person who is entitled to inherit your Account under applicable ZiTenga reserves the right to demand all documentation that we, in our sole and absolute discretion, may deem necessary or appropriate in order to satisfy ourselves as to the identity and authenticity of such person, including (but not limited to) an order designating an executor/fiduciary from a court having competent jurisdiction over your estate. In the event that we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the executor/fiduciary designation, then we reserve the right to require an order resolving such an issue from a court of competent jurisdiction before taking any action relating to your Account.
- Privacy Policy
- We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy and Cookie
- Intellectual Property
- ZiTenga and its licensors retain all right, title and interest in: the ZiTenga services, including the Website; and its products and services; all copyrights; patents; databases, customer lists, trade secrets; trademarks; other intellectual property rights; trade names; logos; slogans; custom graphics; button icons; scripts; videos; text; images; software; code; files; content; agreements; policies; information; and other material available on the Website (hereafter “the Website Content”).
- Nothing on the Website may be copied, imitated or used, in whole or in part, without our (or the applicable licensor’s, as the case may be) prior written permission. ZiTenga reserves all rights not expressly
- Any unauthorised reproduction of the Website Content is
- You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialise, publish or create derivative works from any part of the Website Content, format or design of the ZiTenga
- If you seek to reproduce or otherwise use the Website Content in any way it is your responsibility to obtain approval from us for such use. Nothing in these terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of ZiTenga or any third-party, whether by estoppel, implication or otherwise.
- Where any of the Website Content has been licensed to ZiTenga or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third- party terms and
- The use of the ZiTenga logos is subject to the ZiTenga Corporate Brand
- This website uses free sound effects from https://www.freesfx.co.uk.
- Financial Advice
- The User acknowledges that the website provides an intermediary service only, and nothing contained on it shall constitute financial advice as contemplated by the FAIS
- Taxes
- If the User purchases Tokens that appreciate in value, the User may become liable to pay capital gains tax or other applicable tax on the value of the appreciated
- The User is solely responsible for determining the tax liabilities from any jurisdiction that may arise from transactions made on the
- ZiTenga is not responsible for collecting, reporting or remitting taxes to any authority on your
- The User is solely responsible for any liability that may arise for the user’s failure to declare to any tax authority any taxable income that was obtained by using the Website to the relevant tax
- You agree to indemnify and hold ZiTenga SA harmless from any tax liability that may arise as a result of your use of the Website, and/or your failure to timely declare or failure to declare your taxable income to any
- Export Controls & Sanctions
- The use of the Website is subject to international export controls and economic By using the Website, you agree to abide by the relevant regulations and exchange controls and sanctions. You may not open, use, or have access to any Account if:
- you are in or under the control of, or resident of, any country subject to United States embargo, UN sanctions, the HM Treasury financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime; or
- you intend to supply any acquired or stored cryptocurrency, or transact with people or businesses operating in any country subject to United States embargo or HM Treasury's financial sanctions regime, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions
- Feedback
- If you decide to submit comments, queries, suggestions, ideas, original or creative materials or any other information to the ZiTenga Team (collectively, “Feedback”), you do so on your own accord and not based on any request or solicitation from
- Feedback does not include User Content. We reserve the right to use the Feedback for any purpose at no charge and without compensation to
- Do not send us any Feedback if you expect to be paid or want to continue to own or claim rights to your
- If you decide to send us Feedback, you acknowledge and understand that the ZiTenga Team makes no assurances that your Feedback will be treated as confidential or proprietary.
- By submitting Feedback to us, you grant us a worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license to use, modify, reproduce, distribute, display, publish, or perform the Feedback for any purpose without any obligation to compensate
- We reserve the right to use the Feedback for any purpose without any obligation to compensate you or to acknowledge the source of the Feedback, save that we will not divulge any personal information that you have provided in your Feedback to third
- Aggregate information
- From time to time, we may gather information and statistics about the visitors to the Website which may include the information supplied by
- By using the Website you consent to:
- ZiTenga sharing this data with third-parties; and
- your personal information being processed in accordance with ZiTenga’s Privacy and Cookie
- To the extent these Terms and Conditions include provisions that are not covered by, or are inconsistent with the Privacy and Cookie Policy, the Privacy and Cookie Policy will supersede these Terms and
- Third-party content
- We may present third-party content, advertisements, links, promotions, logos, and other materials on our Website, collectively referred to as “Third-Party Content.” It's important to understand that we neither endorse nor control these third parties or their content, and we do not provide any guarantees or endorsements of any kind regarding the Third- Party Content. This includes aspects such as accuracy, validity, legality, copyright compliance, and
- When you choose to engage with or access any Third-Party Content, or when you interact with third parties who provide such content, it's crucial to recognize that these interactions are solely between you and those third parties. We bear no responsibility or liability for any aspects of such
- Furthermore, we cannot be held accountable for the content found on third-party websites linked to our We do not assume that we have reviewed or approved these sites or their content, nor do we guarantee that the links to these sites are functional or up to date. Your use of any Third-Party Content or interactions with third parties providing such content should be undertaken with caution and at your own discretion.
- Disclaimer
- The Website and all information, products and services provided through the Website are provided “as is” and on an “as available” basis without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation: any representations; warranties; promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of the Website; any products or services we may provide through it or the information or material it
- ZiTenga disclaims all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation:
- any warranty with respect to the content, information, data, services, availability, uninterrupted access, or services or products provided through or in connection with the Website;
- any warranties that the Website or the server that makes it available are free of viruses, worms, Trojan horses or other harmful components;
- any warranties that the Website, its content and any services or products provided through it are error-free or that defects in the Website, its content or such services or products will be corrected;
- any warranties of title or implied warranties of merchantability or fitness for a particular purpose;
- any warranties that the Website will be compatible with your computer or other electronic equipment; and
- any warranties of non-infringement.
- The materials and related graphics published on the Website could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on the ZiTenga may make improvements and/or changes to the Website, its products, services and/or the materials described on the Website at any time.
- In addition, to the maximum extent permitted by law, neither ZiTenga nor the ZiTenga Parties shall be responsible or liable for:
- any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of the Website or the Website Content;
- any reliance on, or decision made on the basis of, information or material shown on or omitted from the Website;
- any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on the Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or hire a candidate, or that any candidates will meet our needs;
- any reliance based on any representations made by anyone pretending to be representing ZiTenga; should this come to your attention, please report them to ZiTenga immediately;
- any matter affecting the Website or any of its content caused by circumstances beyond our reasonable control;
- the performance of the Website and any fault, delays, interruptions or lack of availability of the Website and any of the services or products provided through
the Website, which may occur due to increased usage of the Website, intermittent failures of the Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
- any information or material on any website operated by a third-party which may be accessed from the
- In no event will ZiTenga or the ZiTenga Parties be responsible or liable for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) regardless of whether the ZiTenga has been advised of the possibility of such damages, liabilities, losses, costs or expenses, arising out of or in connection with:
- the use or performance of the Website;
- any provision of or failure to provide the Website or its services (including without limitation any links on the Website);
- any information available from the Website;
- any conduct or content of any third-party;
- unauthorized access, use or alteration of the transmission of data or content to or from us; or
- the failure to receive in any way the transmission of any data, content, funds or property from In no circumstances will the aggregate liability of the ZiTenga team arising under these terms exceed US$10.00.
- Indemnity
- To the fullest extent permitted by applicable law, you indemnify, defend and hold harmless the ZiTenga and any respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the “ZiTenga Parties”) from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to:
- your access to or use of the Website, products or services;
- your User Content;
- any Feedback you provide; or
- your violation of these
- We reserve the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the ZiTenga You hereby indemnify to the fullest extent ZiTenga Parties from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these terms.
- You understand and agree that the ZiTenga Parties are not responsible for any loss or damage you may incur as a result of your use of the ZiTenga Services, and you agree to indemnify and hold the ZiTenga Parties harmless against any such loss or
- You agree that the indemnification obligations under this section shall survive the termination of your use of the ZiTenga Services and these terms and
- Complaints and Dispute Resolution
- Complaints Procedure
- Disputes and complaints should be addressed to: customerservice@zitenga.com
- In your email to the aforementioned address, your email must include:
- Particulars about the complainant, including: 29.1.2.1.1. Name;
29.1.2.1.2. Physical address; 29.1.2.1.3. Identity Number and; 29.1.2.1.4. Telephone number.
- The nature of the complaint, including: 29.1.2.2.1. The particulars of the complaint; 29.1.2.2.2. the date it occurred;
- the reason for the complaint;
- any loss/injury suffered as a result; and
- what you would like to be done about it, which may include the relief sought.
- Once ZiTenga has received your email, we will reply by acknowledging your This shall take place within seven days.
- We may require additional information in order to process your complaint. This shall be communicated to you as
- ZiTenga shall keep you informed on the progress of the complaint, including:
- The particulars of the person handling the complaint;
- The progress of the complaint;
- The outcome or decision reached;
- Should the complaint/dispute not be resolved satisfactorily within six weeks from the date of receipt, you have the right to refer the matter to the Office of the Ombud for Financial Services Providers (“FAIS Ombud” or “Ombud”). The Ombud may be reached at:
Physical Address: Menlyn Central Towers
Central, 125 Dallas Avenue Menlyn Waterkloof Glen
Pretoria
Email: info@faisombud.co.za
Tel: 012 762 5000
Website: https://www.faisombud.co.za/
- A dispute may only be submitted to the Ombud:
- Only after reasonable endeavours to resolve the complaint have been made;
- Only after six weeks from the date of receipt of the complaint;
- But within six months from the date of receipt of the complaint; and
- Must not relate to the financial performance of the financial
29.1.8.
- Entire Agreement
- These Terms constitute the entire agreement between you and ZiTenga in relation to their subject matter and supersedes all prior discussions, agreements and understandings of any kind between you and ZiTenga (including but not limited to any prior version of these Terms).
- Severability
- If any provision of the terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. The invalidity or un-enforceability of any provision of these terms shall not affect the validity or enforceability of the remaining
- Assignment and Cession
- ZiTenga is allowed to assign, transfer, cede and/or subcontract its rights and/or obligations under these Terms without any
- You may not assign, transfer, cede or subcontract any of your rights and/or obligations under these Terms without obtaining our prior written
- Change of Control
- In the event that ZiTenga is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of
- Force Majeure
- ZiTenga shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable
- Survival
- All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your Account, use of the Website, disputes with ZiTenga and general provisions, shall survive the termination of these
- Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with South African Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.
- In the event of any dispute arising between you and ZiTenga, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that
- Nothing in this clause 36 or elsewhere in these Terms shall be construed to limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the FAIS Act, POPI Act or any other applicable
- Domicillia and Notices
- ZiTenga hereby selects info@zitenga.com as its chosen address for the service of all formal notices and legal processes in connection with these Terms (“legal address”). ZiTenga may change this address from time to time by updating these Terms and
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving ZiTenga not less than 7 days’ notice in
- Notices must be sent either by hand or email and must be in English. All notices sent:
- by hand will be deemed to have been received on the date of delivery; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS SENT BY YOU MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.