Before you begin, please review our Privacy Policy, as we will require certain personal information such as your name, email address, billing and delivery information, where we will safeguard and use this information as noted. By using our services you are deemed to have read and accepted these terms and conditions set forth, thus forms a binding legal agreement between you and Zim Trade Holdings SPK Pty Ltd pursuant to which you agree to comply with the Terms of Service, and use this website only in a manner consistent with this Terms of Service. If you do not agree with any part of the Terms of Service, please do not access this website.
Welcome to the Zim Trade Holdings SPK ("Zim Trade Holdings SPK Pty Ltd") website ("Website"). Zim Trade Holdings SPK provides services to you subject to the following terms and conditions of use (“Terms of Use”), which may be amended by us from time to time with no notice to you. When using any Zim Trade Holdings SPK service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into these Terms of Use. You should visit the Website regularly to ensure that you are aware of any changes to these Terms of Use.
Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.
These Terms of Use will be governed by and construed in accordance with the laws of South Africa. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.
All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither Zim Trade Holdings SPK, its related bodies corporate nor its or their directors or employees make any representation or warranty that:
(a) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
(b) your access to the Website will be uninterrupted, timely or secure.
Zim Trade Holdings SPK will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software
Zim Trade Holdings SPK and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Zim Trade Holdings SPK does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.
The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in South Africa may confer rights and remedies on you in relation to the provision by Zim Trade Holdings SPK of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Zim Trade Holdings SPK does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
(a) all Content is provided "as is" and "as available" without warranties or guarantees of any kind, either express or implied;
(b) Zim Trade Holdings SPK and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
(c) Zim Trade Holdings SPK does not warrant that:
(i) the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free;
(ii) any defects will be corrected; or
(iii) the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
(d) Zim Trade Holdings SPK does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
(e) you (and not Zim Trade Holdings SPK) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
To the maximum extent permitted by law, under no circumstances (including, but not limited to, any act or omission on the part of Zim Trade Holdings SPK) will Zim Trade Holdings SPK or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Zim Trade Holdings SPK does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the maximum extent permitted by law, Zim Trade Holdings SPK' liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Zim Trade Holdings SPK, to the following:
(a) in the case of services supplied or offered by Zim Trade Holdings SPK;
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
This Website contains Content which is protected by copyright, trademark and other laws. Except where expressly permitted by these Terms of Use and excluding the temporary copy held in your computer's cache memory, the Content on this Website may not be used, copied, reproduced, displayed, published, stored in a retrieval system, altered, transmitted in any form or by any means, in whole or in part (except where such use constitutes 'fair dealing' under the Copyright Act 1968 (Cth), for any purpose whatsoever (including, but not limited to, personal or non-commercial use), without the prior written consent of Zim Trade Holdings SPK or the appropriate supplier or licensor of Zim Trade Holdings SPK. In particular, you may not use any part of the Content on this Website to establish, maintain or provide, or assist in establishing or maintaining or providing your own publications, website or other means of distribution without the prior written consent of Zim Trade Holdings SPK or the appropriate supplier or licensor of Zim Trade Holdings SPK.
Any use of the Content on this Website pursuant to these Terms of Use must contain an acknowledgement that Zim Trade Holdings SPK or the appropriate supplier or licensor of Zim Trade Holdings SPK is the legal owner of the Content.
All software used on this Website is the property of Zim Trade Holdings SPK or its software suppliers and is protected by South African and international copyright laws.