Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://shop.smeaz.org.zw/index.php website and the SMEAZ Online Shop Mobile App mobile application (the "Service") operated by the SME Association of Zimbabwe.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Online commerce service
SMEAZ hereby grants you the right to use our Online Shop and the related e-commerce features thereon. This right is revocable at the discretion of the Association, and it terminates upon expiry (temporary or permanent) of your membership subscription to the SME Association of Zimbabwe.
Escrow Service
Sales done on the Online Shop are subject to Escrow. Specifically, customer payments will be made to the SME Association of Zimbabwe, and then the money will be paid to your account upon your satisfactory delivery to the customer. The SME Association of Zimbabwe shall maintain an account for your business, which will record outstanding transactions and payments. Payments may be made on a periodic basis dependent on amounts payable. Bank charges shall be levied on payments made to you, and such charges shall be reflected on your statement with the Association.
Right of offset
You agree to allow the SME Association of Zimbabwe to offset amounts owed by you which may relate to the Online Shop transactions and fees, membership subscription dues, or any other monies owed by you/your business to the Association. Such offsets will be done automatically in your settlement account.
Commission payments
This platform charges commission on sales made of your services and products. Such commission shall be deducted prior to settlement of the balance to you. Commissions are payable at the rate that was applicable at the time of initiation of a sale, notwithstanding any changes you may make at a later stage. For the avoidance of doubt, commissions on a transaction shall be paid at the rate that was applicable at the initiation of such transaction, regardless of the duration or time lapse between initiation of the transaction and settlement of the same.
Independent Sales Agents
The SME Association of Zimbabwe shall be recruiting Independent Sales Agents who shall sell products on your behalf. Such agents shall be paid a commission, which commission will be paid by the SME Association of Zimbabwe out of the total commission that you would have stipulated. No additional commission will be required from you for such payments to agents.
Offline Transactions
It is acknowledged that some transactions will be initiated by sales agents and/or the Association which are then concluded offline, whether by virtue of the nature of the transaction, or for any other reason. In such instances, commissions shall be charged and payable by you on the same basis as if those transactions had been initiated and settled on the Online platform.
Circumvention and Collusion
It shall not be permissible to circumvent payment of commissions through either collusion with the customer, or with independent sales agents/affiliate marketers to get them to conclude transactions offline without notifying the Association or paying the commissions due. Should such an event occur, you will remain liable for the commission payable, which can be recovered through legal channels. Participating in circumvention or collusion with third parties to circumvent obligations due under this agreement shall be grounds for termination of service both on this platform as well as for other platforms and/or services provided by the Association, at its sole discretion.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, personal identifying information for yourself and your business. This information will be kept confidential by SMEAZ.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are solely responsible for such content, and any consequence or liability that may arise out of such content.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Indemnity
The SME Association of Zimbabwe shall not be liable for any losses, damage or harm suffered or incurred as a result of use of the platform, save for instances where it can be proven that such loss or damage was due to gross negligence on the part of the Association. The Association shall not be liable for frauds carried out whether by your employees or by customers (third parties). Whilst we will take all necessary and reasonable precautions to prevent such losses, we indemnify ourselves from these.
Taxes and Statutory Obligations
You are liable for all taxes and other statutory obligations payable on sales and transactions done on your behalf on the platform. Whilst the platform has provision for collection of taxes such as VAT, these will be paid to you, and you are liable for paying ZIMRA or the relevant tax authorities. You are also liable for taxes on profits and other business taxes that may be applicable to your business.
Termination of service
Termination of your use of the Online Shop shall be done by providing 30 days' notice of withdrawal from the platform. During that period your products and services shall no longer appear on the Online Shop, and you will be expected to fully expunge any outstanding orders and/or obligations regarding your account.
Termination can also be done with immediate effect by the Association should there be found to have been any significant or major breach of the terms and conditions applying to your use of the platform. Such terminations are not subject to negotiation or refusal by you. You can lodge an appeal, but your Online Store will be closed for the duration of such proceedings.
Contact Us
If you have any questions about these Terms, please contact us.
