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General
Terms & Conditions
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Unless
otherwise agreed in writing with
Zambia Online Network,
your agreement with Zambia Online Network will always include, at a minimum, the Terms
and Conditions set out in this document. These are referred to below as
the “Terms”. Please
note that additional Terms may apply for each particular Service offered
by this website at the site of its location on the sub-domains.
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WEBSITE
USAGE: Clicking
any of the links on this website or any of its sub-domains (hereinafeter
called "Zambia Online Network") implies using its services
(hereinafter called "Service"). You, the "User"
(either as a registered Member or an unregistered Guest), agree to
the following Terms:
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| 1.1 |
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Zambia Online Network
is provided to You basically free of charge and, if particularly so, without any warranties or
guarantees. You may use Zambia Online Network only for your informational interest, educational purposes
or general personal use. However, it is not an educational website and may
contain mistakes in its Data. Zambia Online Network uses its best efforts to maintain all its services provided on the
Zambia Online Network website to the best of its ability, but is not responsible for the results
(either through commission or ommision) of any defects or effects that may
exist / result in or out of the content/output of Zambia Online Network; or for any resulting lost
profits, loss of data or other consequential damages.
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| 1.2 |
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Zambia Online Network
provides Users with access to a wide variety of services and resources
(the Service), part of which involves: (i)An online website directory with indexed listing of selected
(Zambian & other) websites on the internet; (ii)A
news portal with aggregation of news from external sources and also news
articles from internal sources.
(iii)B2B online marketplace for direct online trade between businesses
neatly showcased into a business directory; (iv)Online auctions portal
with online support for direct online payment and allowing for item offer
placements in four formats: (v)Online classifieds with online support for
direct online payment and for item offer placements in 2 add formats;
(vi)Online Shop with online support of item offer placements in 2 add
formats; (vii)News portal where we feature and aggregate breaking news
articles from Third parties; (viii)Article
portal where we feature mainly articles created by the Users who post
them; and a variety of other services and resources.
You understand and agree that the Service may include advertisements,
sponsored links, promotional listings, commercial banners or paid
placement by third parties.
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| 1.3 |
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We
reserve all our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, intellectual property
rights and any other proprietary right that we may have in our website,
its content, Service, software, computer code, and the goods and services
that may be provided. The use of our rights and property requires our
prior written consent. We are not providing you with any implied or
express licenses or rights by making services freely available to you, and
you will have no rights to make any commercial uses of our website or
service without our prior written consent. You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or
access to the Service, including unlawful or illegal access to secured areas of the
Service without prior and mutual consent of Zambia Online Network. Zambia Online Network
reserves the right at any
time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with guaranteed notice only to members who would have a
pending business transaction with Zambia Online Network.
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| 1.4 |
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Since
the
Service provides links to other sites or sources and resources on the World Wide Web
(see 1.2), Zambia Online Network has no control over third-party sites and resources. You therefore acknowledge and agree
that Zambia Online Network is not responsible for the availability or
non-availability of
such external sites or resources at any particular point in time, and does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources.
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| 1.5 |
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Zambia Online Network
may contain errors in som of the information provided. We encourage our
Users to notify us of any noticed misrepresentations in the bulk of our
website using the contact form(s), or by ordinary
email, specifying necessary details or information.
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| 1.6 |
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Zambia Online Network
is constantly pruning/updating the site and checking for unresponsive or
dead network & other website links listed in the directories. If a website is noticed to be unresponsive for 7 consecutive
days for reasons unknown to Zambia Online Network or without any prior
notification, the
respective link may be temporarily deactivated or permanently removed from the
directories at Zambia Online Network's
discretion.
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| 1.7 |
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Both
ordinary members and Affiliate Users of Zambia Online Network accept that if the content of their website changes after submission in
such a way or to such a degree that it violates, or deviates from Zambia Online Network's submission or quality guidelines
and policies to a great extent, it may be removed, with or without
(prior) notice to them.
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| 1.8 |
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Zambia Online Network
may not offer refunds or time extensions for dead or removed
website links or other broken transactions. It is a paying User's responsibility to contact
Zambia Online Network if they are
having any form of problem that will cause their accounts or website
Service if the problem persists for over 7 days consecutively. If Zambia Online Network
is contacted, Zambia Online Network will gladly check and repair such a
Service and inform the affected User accordingly.
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| 1.9 |
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Zambia Online Network's liability for any legal claim is limited to amounts of
money paid/exchanged only. In the absence of any monetary transaction, Zambia Online Network
shall have no monetary liability.
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2
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Registration
& Active User Account Security
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| 2.1.0 |
Active
registered users of Zambia Online Network provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
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| 2.1.1 |
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You will not provide any false personal information on
Zambia Online Network, or create an account for anyone other than yourself without permission.
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| 2.1.2 |
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You will not use your personal profile for your own commercial gain.
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| 2..1.3 |
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You
will not register with Zambia Online Network if
you are under 13.
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| 2.1.4 |
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You
will keep your contact information accurate and up-to-date.
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| 2.1.5 |
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You
will not share your password, let anyone else access your account, or do
anything else that might jeopardize the security of your account.
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| 2.1.6 |
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You
will not transfer your account to anyone without first getting our written
permission.
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| 2.1.7 |
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If
you select a username for your account we reserve the right to remove or
reclaim it if we believe appropriate (such as when a trademark owner
complains about a username that does not closely relate to a user's actual
name, public or corporate identity).
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3
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User
/ Listing
Terms & Conditions
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A
website link will be submitted for listing or free listing only by a regsitered User / Member. A
link will be rejected or removed from any of our directories, with or without prior
notification to the User, if it violates any of the rules below, whereby
refunds may or may not be provided, wherever these are applicable:
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| 3.0.1 |
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Sites
that are not Zambian in the sense of their being owned/controlled by
non-Zambian citizens or organisations or for non-Zambian interests.
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| 3.0.2 |
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Sites
that have no affiliation to Zambia, irrespective of what they claim they
are or do for Zambia; or sites run by non-Zambian citizens or
organisations and not registered in Zambia, or having their seat outside
Zambia, including all sites with no distinct address and/or contact
information.
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| 3.0.3 |
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Sites
that may be anti-Zambian.
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| 3.0.4 |
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Adult
sites containing sexual pornographic content, sexual image galleries,
paedophilia or
child pornography or sites that are threatening, pornographic, or that
contains nudity or graphic or gratuitous violence.
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| 3.0.5 |
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Sites
containing gambling, casino or other irrelevant activity or with an
unreasonable entry fee or promising dubious prizes or with links to other
similar sites or other sites promising similar services and demanding payment as dubious membership fees.
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| 3.0.6 |
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Sites
containing racism, sexism, extremism, libel, hate, or material violating
any copyrighs, trademarks, property rights and rights of publicity or
privacy and sites that break any other form of generally accepted
international law.
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| 3.0.7 |
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Sites
that
support pyramid or ponzi schemes, matrix programs, other "get-rich-quick"
shady schemes or certain multi-level marketing /advertising programs or
sites that promote dubious contests, giveaways, or sweepstakes.
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| 3.0.8 |
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Sites
containing propaganda, disinformation or misinformation in the form of brainwashing,
sectarian bias, violence, hatred, fraud, or that
promote ignorance or facilitate or instruct others to engage in similar or other
misleading activity.
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| 3.0.9 |
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Sites
containing piracy software or links to other download sites that contain
piracy software.
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| 3.1.0 |
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Sites
selling or advertising weapons, ammunition, fireworks, poisons, harzadous
chemicals (such as acid), and sites promoting other similar products or
activities deemed illegal/dangerous or unfit for advertising by Zambia Online Network.
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| 3.1.1 |
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Sites
selling or advertising prescription drugs, narcotics, human body parts or
fluids, steroids, certain controlled substances or other products or
services that
present a risk to human / consumer safety or health.
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| 3.1.2 |
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Sites
with embedded pop-up windows that interfere with viewing the main content
of a (purported) site.
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| 3.1.3 |
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Sites
that are created only for Search Engines or enhancement of Search Engine
Optimisation, or to indirectly boost a hidden commercial interest.
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| 3.1.4 |
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Mirror-sites
that have the same content as above (in 2.1.3), or sites registering different
/ redirecting
URLs.
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| 3.1.5 |
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Sites
that are under protracted construction. (Users are advised to ensure that
all images and links on their site work properly, within a reasonable
space of time, before submitting initial content).
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| 3.1.6 |
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Sites
whose URLs basically redirect visitors to another
site or other sites, whatever content they may have, or only containing links to other sites, without their
being directories.
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| 3.1.7 |
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Sites
that facilitate or encourage any violations of these Terms.
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4
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Payments
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| 4.1 |
If
you make a payment on or to Zambia Online Network, you agree to our Payments
Terms.
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5
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Special
Provisions Applicable to Shared Links
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| 5.1.0 |
If
you include our
Link Logo on your website, the following additional terms apply to
you:
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| 5.1.1 |
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We
give you permission to use Zambia Online Network's Link-to-Us
Logos so that potential users can discover our portal and probably add their
links to the growing databases.
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| 5.1.2 |
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We
give you permission to use such links/logos with more or less the same
generally applicable/acceptable usage guidelines and terms that apply on
this website, insofar as listing an external website links is concerned.
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| 5.1.3 |
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You
will not place our Link-to-Us Logo(s) on any page containing content that
would violate these Terms, such as mentioned under #3.
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About
Advertisements on Zambia-Online.com
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| 6.0 |
Our
goal is to deliver ads that are not only valuable to advertisers, but also
valuable to you, the User. In order to do that, you agree to the
following:
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| 6.1 |
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We
do not give your content or information to advertisers without your
consent.
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| 6.2 |
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You
understand that we may not always identify paid services and
communications as such.
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7
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Special
Provisions Applicable to Advertisers
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| 7.0.0.0 |
You
can target your specific audience by buying ads on Zambia-Online.com or
our publisher network. The following additional Terms apply to you if you
place an order through our online advertising portal ("Ad Package"):
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| 7.0.1.0 |
You
may need to create an advertuser's portal account at http://advertising.zambia-online.com
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| 7.0.2.0 |
When
you place an Ad Package Order, you will tell us the type of advertising
you want to buy, the amount you want to spend, and your bid. If we accept
your Order, we will deliver your ads as inventory becomes available.
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| 7.0.3.0 |
You
will pay for your Ad Packages in accordance with our Payments
Terms.
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| 7.0.4.0 |
The
amount you owe will be calculated in real time based on our ad-tracking
systems.
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| 7.0.5.0 |
Your
ads will comply with our Advertising
Guidelines.
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| 7.0.6.0 |
We
will determine the size, placement, and positioning of your ads.
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| 7.0.7.0 |
We
do not guarantee the activity that your ads will receive, such as the
number of clicks it will get.
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| 7.0.8.0 |
We
cannot control how people interact with your ads, and are not responsible
for click fraud or other improper actions that affect the cost of running
ads.
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| 7.0.9.0 |
You
can cancel your Ad Package Order at any time through your advrtiser's
member account created at the above-mentioned address, and it would take a
few seconds before the ad stops running.
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| 7.1.0.0 |
Our
license to run your ad will end when we have completed your Ad Package
Order. You understand, however, that if users have interacted with your
ads, your ads may remain until the users delete them.
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| 7.1.1.0 |
We
can use your ads and related content and information for marketing or
promotional purposes
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| 7.1.2.0 |
You
will not issue any unauthorised, untrue, unfavourable or libelous press release or make
negative or exaggerated public statements about your
relationship with Zambia Online Network without Zambia Online Ntwork's written
permission or consent.
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| 7.1.3.0 |
We
may reject or remove any ad for any reason.
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| 7.1.4.0 |
If
you are placing ads on someone else's behalf, we need to make sure you
have permission to place those ads, including the following:
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| 7.1.4.1 |
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You
warrant that you have the legal authority to bind the advertiser to this
Statement.
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| 7.1.4.2 |
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You
agree that if the advertiser you represent violates this Statement, we may
hold you responsible for that violation.
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| 8 |
LIMITATION OF
LIABILITY
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WHILST EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION ON THIS SITE IS AS ACCURATE AS POSSIBLE,
ZAMBIA ONLINE NETWORK (or NETSHOP ENTERPRISES) CANNOT BE HELD RESPONSIBLE FOR ANY INACCURACIES, TECHNICALITIES—(ESPECIALLY AS SUCH MAY RELATE TO ITEMS' TECHNICAL INFORMATION PROVIDED BY THIS WEBSITE)—OR CONSEQUENCES ARISING OUT OF THE USE OF THIS SITE. BEFORE BUYING ANYTHING FROM
OR THROUGH ZAMBIA ONLINE NETWORK SOLELY ON ACCOUNT OF AN ITEM'S TECHNICAL PROPERTIES OR DESCRIPTION PROVIDED BY THIS SITE, EVERY SUCH USER IS ADVISED TO COUNTERCHECK SUCH TECHNICAL INFORMATION WITH A RESPECTIVE ITEM'S / PRODUCT'S OFFICIAL MANUFACTURERS. UNDER NO CIRCUMSTANCES SHALL
ZAMBIA ONLINE NETWORK BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON SERVICES, INCLUDING INFORMATION, OFFERED HERE BY
ZAMBIA ONLINE NETWORK. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT-MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON
ZAMBIA ONLINE NETWORK’s SERVICES, FROM INABILITY TO USE ZAMBIA ONLINE NETWORK’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
ZAMBIA ONLINE NETWORK’S SERVICES (EXCEPT SUCH DAMAGES AS WOULD BE INCURRED BY UNFINISHED OR INTERRUPTED BUSINESS TRANSACTIONS BETWEEN
ZAMBIA ONLINE NETWORK AND A USER / CUSTOMER, IN WHICH SPECIFIED MONIES WOULD ALREADY HAVE BEEN PAID TO
ZAMBIA ONLINE NETWORK, BUT NO SERVICE, ITEMS OR GOODS DELIVERED). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED AND SOLD THROUGH
ZAMBIA ONLINE NETWORK OR SOLD THROUGH THIRD PARTIES PROVIDED AND APPROVED BY
ZAMBIA ONLINE NETWORK TO THE USER, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
ZAMBIA ONLINE NETWORK’S WEBSITE OR SOLD THROUGH ANY THIRD PARTIES PROVIDED AND APPROVED BY
ZAMBIA ONLINE NETWORK’S SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF
ZAMBIA ONLINE NETWORK’S SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO,
ZAMBIA ONLINE NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
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9
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Definitions
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| 9.1 |
By
"ZAMBIA ONLINE NETWORK" we mean the "Service" (which in
turn means the mainly electronic / Internet applications, features and services) we
make available, including through (a) our website at zambia-online.com
and any other Zambia Online-branded or
co-branded websites (including sub-domains, network sister websites but not
external partner sites); (b) our Platform; and (c) other media, software (such as a
toolbar), devices, networks or infrastructure now existing or later developed.
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By
"Us," "We" and "Our" we essentially mean the
Web portal CMS network Zambia-Online.com,
being the main portal serving various services on its different
sub-domains including Zambia-Online.com.
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| 9.3 |
By
"Content" we mean any information posted on ZAMBIA ONLINE NETWORK
about a Link or contained at a link's target destination or
website URL.
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| 9.4 |
By
"use" we mean use, copy, publicly perform or display,
distribute, modify, translate, and create derivative works of.
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| 9.5 |
By
"active registered user" we mean a user who has logged into ZAMBIA ONLINE NETWORK
at least once in the previous 30 days.
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10
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Miscellaneous
Legal Provisions
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| 10.1 |
These Terms
will be governed by and construed in accordance with the Laws of the Republic of Zambia, without giving effect to any conflict of laws or provisions of your actual state or country of residence. If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms
to be unenforceable, the remainder of the Terms will continue in full force and effect.
The Terms constitute the entire Agreement between ZAMBIA ONLINE NETWORK and the USER with respect to the subject-matter hereof and the
Terms supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject-matter. Any waiver of any provision of the Terms will be effective only if put in writing and signed by
an Administrator of ZAMBIA ONLINE NETWORK or any of the Administrators
of ZAMBIA ONLINE NETWORK.
For
fuller information about our practices, see also our Privacy
Policy, Legal
Policy and our Payments
Policy (for advertisers). If you have additional questions needing clarification, please
contact us any time. Otherwise,
you may also write to us at:
P.O. Box 32041, Lusaka, Zambia.
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Last Update: 2010-09-07
SYSTEM ADMIN
ZAMBIA ONLINE NETWORK
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