T & C for Direct Consumers


Use of the NDASENDA Platform / NDASENDA Services for Direct Consumer

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the NDASENDA website located at ndasenda.com, ndasenda.co.uk, and all associated sites linked to NDASENDA, or the NDASENDA mobile application or any similar platform (hereinafter collectively, the NDASENDA Platform run by FN Software Solutions Limited directly or through its partners or channel partners, having its registered office and headquartered at 10 Cambridge Road, Newlands, Harare, Zimbabwe (hereinafter collectively, FN or NDASENDA) on any device and/or before availing any services offered by NDASENDA on the NDASENDA Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by NDASENDA on the NDASENDA Platform (hereinafter individually, and collectively, the NDASENDA Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all NDASENDA Services, whether offered by FN or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the NDASENDA Platform for any general purpose or for the specific purpose of availing any NDASENDA Service, You agree to be bound by the single sign-in ID (SSID using your mobile phone number) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each NDASENDA Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSID or any additional or modified service-specific terms and conditions in relation to any NDASENDA Service or any future service that may be offered by NDASENDA on the NDASENDA Platform. By registering on, accessing, browsing, downloading or using (as applicable) the NDASENDA Platform or availing any NDASENDA Service or the SSID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the NDASENDA Platform and immediately terminate Your availing the NDASENDA Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 15 years of age and an individual user of the NDASENDA Platform or a customer or beneficiary of the NDASENDA Services, and NDASENDA. All services are rendered by NDASENDA through the NDASENDA Platform under the brand name NDASENDA (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, NDASENDA, regarding Your use of NDASENDA digital services (which includes but may not be limited to prepaid recharge, bill payment), or any such other services which may be added on the NDASENDA Platform and which will henceforth be a NDASENDA Service, from time to time. The NDASENDA Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, NDASENDA grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the NDASENDA Platform and/or avail the NDASENDA Services.

Eligibility

The NDASENDA Services are not available to persons under the age of 15 or to anyone previously suspended or removed by NDASENDA from availing the NDASENDA Services or accessing the NDASENDA Platform. By accepting the T&Cs or by otherwise using the NDASENDA Services on the NDASENDA Platform, You represent that You are at least 15 years of age and have not been previously suspended or removed by NDASENDA, or disqualified for any other reason, from availing the NDASENDA Services or using the NDASENDA Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, NDASENDA reserves the right to suspend or permanently prevent You from availing NDASENDA Services or using the NDASENDA Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific NDASENDA Services and to specific portions or features of the NDASENDA Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the NDASENDA Platform or for any NDASENDA Service offered on or through the NDASENDA Platform, the latter terms shall control with respect to Your use of that portion of the NDASENDA Platform or the specific NDASENDA Service. NDASENDA may make changes to any NDASENDA Services offered on the NDASENDA Platform, or to the applicable terms for any such NDASENDA Services, at any time, without notice. The materials on the NDASENDA Platform with respect to the NDASENDA Services may be out of date, and NDASENDA makes no commitment to update the materials on the NDASENDA Platform with respect to such NDASENDA Services. The following terms also govern and apply to Your use of the NDASENDA Platform, and they are incorporated herein on ndasenda.com and ndasenda.co.uk

SSID Service, Participating Platforms

NDASENDAs SSID service offers You the convenience, after a one-time registration any NDASENDA Platform, to sign in (log in) to all web pages and online platforms operated by NDASENDA or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSID Service, the user can log-in via each Participating Platform with his SSID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which NDASENDA SSID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of NDASENDA is solely responsible only for those content that it actually operates. For the SSID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSID shall be owned and operated by FN for use on all Participating Platforms. For the use of NDASENDA SSID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSID service or to disclose them otherwise. The user is obliged to inform NDASENDA immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSID service (hereinafter the SSID Agreement). Our offer for the conclusion of the SSID Agreement is then effected by the fact that NDASENDA sends the user a confirmation by e mail, in which a confirmation email, so that in this way the SSID Agreement enters into force. Conclusion of the SSID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. NDASENDA is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for NDASENDA) are in all respects complete, true, accurate and not misleading. Any changes to user data should be promptly updated correctly in its account.

Communication Policy

By accepting the T&Cs, You accept the following:
a) NDASENDA may send alerts to the mobile phone number provided by You while registering with the NDASENDA Platform or on any updated mobile number subsequently provided by You on the NDASENDA Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ON mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in OFF mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
b) NDASENDA will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from NDASENDA as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the NDASENDA Platform or availing any NDASENDA Services. NDASENDA shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold NDASENDA liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
c) The SMS/e-mail alert/push notification service provided by NDASENDA is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, NDASENDA shall be immediately informed about the same by You and NDASENDA will make best possible efforts to rectify the error as early as possible. You shall not hold NDASENDA liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
d) The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. NDASENDA shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
e) You will indemnify and hold harmless NDASENDA and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney fees which NDASENDA or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to transaction confirmation, delivery of digital service, delay, and/or rescheduling from NDASENDA and/or the SMS/e-mail service provider.

Use of NDASENDA Platform

You understand that except for information, products or services clearly indicated as being supplied by NDASENDA, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that NDASENDA cannot and does not guarantee or warrant that files available for download through the NDASENDA Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the NDASENDA Platform or by availing NDASENDA Services, You agree not to:
a) violate the T&Cs;
b) impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person digital signature, misrepresent the source, identity, or content of information transmitted via the NDASENDA Services, perform any other similar fraudulent activity or otherwise avail NDASENDA Services with what we reasonably believe to be potentially fraudulent funds;
c) infringe our or any third party intellectual property rights, rights of publicity or privacy;
d) use the NDASENDA Services if You are under the age of 15 years without a parental sponsor or, in any event, use the NDASENDA Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
e) post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
f) post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
g) refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to NDASENDA;
h) remove, circumvent, disable, damage or otherwise interfere with security-related features of the NDASENDA Services and the NDASENDA Platform or features that enforce limitations on the use of the NDASENDA Services or the NDASENDA Platform;
i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards NDASENDA Services or NDASENDA Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
j) use the NDASENDA Services or the NDASENDA Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the NDASENDA Services or the NDASENDA Platform in an automated manner;
k) modify, adapt, translate or create derivative works based upon the NDASENDA Services and the NDASENDA Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
l) intentionally interfere with or damage operation of the NDASENDA Services or the NDASENDA Platform or any other user enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
m) use any robot, spider, other automatic device, or manual process to monitor or copy the NDASENDA Platform without prior written permission;
n) interfere or disrupt the NDASENDA Platform or networks connected to the NDASENDA Platform;
o) take any action that imposes an unreasonably or disproportionately large load on NDASENDA infrastructure/network;
p) use any device, software or routine to bypass the NDASENDA Platform robot exclusion headers, or interfere or attempt to interfere, with the NDASENDA Services;
q) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the NDASENDA Platform or to manipulate Your presence on the NDASENDA Platform;
r) sell the NDASENDA information, or software associated with or derived from it;
s) use the facilities and capabilities of the NDASENDA Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
t) breach this Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs;
u) provide false, inaccurate or misleading information;
v) use the NDASENDA Platform to collect or obtain personal information, including without limitation, financial information, about other users of the NDASENDA Platform, except and only as expressly provided in the T&Cs;
w) avail NDASENDA Services with what NDASENDA reasonably believes to be potentially fraudulent funds;
x) use the NDASENDA Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to NDASENDA, a third party or You;
y) use the NDASENDA Services in a manner that NDASENDA or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
z) take any action that may cause NDASENDA to lose any of the NDASENDA Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
aa) send automated request of any kind to the NDASENDA Platform without express permission in advance from NDASENDA.

Termination; Agreement Violations

You agree that NDASENDA, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the NDASENDA Services/NDASENDA Platform and remove and discard on the NDASENDA Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSID, at any time. NDASENDA may also in its sole discretion and at any time discontinue providing access to the NDASENDA Services, or any part thereof, with or without notice. You agree that any termination of Your access to the NDASENDA Services/NDASENDA Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that NDASENDA will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies NDASENDA may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the NDASENDA Services/NDASENDA Platform.

Limitation of Liability and Damages

In no event, NDASENDA or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSID Agreement; (iii) the NDASENDA Services, the NDASENDA Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the NDASENDA Services, the NDASENDA Platform (including any and all materials) or any reference sites/app/platform/service, even if NDASENDA or a NDASENDA authorized representative has been advised of the possibility of such damages. In no event, NDASENDA, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSID Agreement; (iii) the NDASENDA Services, the NDASENDA Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the NDASENDA services, the NDASENDA Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with NDASENDA, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the NDASENDA Service or the NDASENDA Platform giving rise to the cause of action, or beyond or in excess US$ 50, whichever is less. You acknowledge and agree that NDASENDA has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and NDASENDA, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and NDASENDA. NDASENDA would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, liability of NDASENDA will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold NDASENDA, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the NDASENDA Services or of the NDASENDA Platform; (ii) any violation by You of this Agreement or the SSID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. NDASENDA reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify NDASENDA, including rights to settle, and You agree to cooperate with defense of NDASENDA and settlement of these claims. NDASENDA will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, NDASENDA and its third-party partners disclaim all warranties or guarantees, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from NDASENDA or through the NDASENDA Services or the NDASENDA Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term NDASENDA includes NDASENDA officers, directors, employees. You acknowledge that NDASENDA is a reseller of mobile recharges and other bill payment services and is not liable for any third party (electricity provider, telecom companies, mobile operators or suppliers, etc) obligations due to rates, quality and all other instances, whether to any such companies subscribers or otherwise. You expressly agree that use of the NDASENDA Services on the NDASENDA Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the site or on the Internet generally. NDASENDA does not warrant that the NDASENDA Services will be uninterrupted or error-free or that defects in the site will be corrected. The NDASENDA Services and the NDASENDA Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an AS IS and AS AVAILABLE, WITH ALL FAULTS basis and without warranties or representations of any kind either express or implied. NDASENDA, and its partners do not warrant that the data, NDASENDA software, functions, or any other information offered on or through the NDASENDA Services/NDASENDA Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. NDASENDA and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the NDASENDA Services/NDASENDA Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the NDASENDA Services/NDASENDA Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will NDASENDA be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the NDASENDA Platform.

Ownership; Proprietary Rights

The NDASENDA Services and the NDASENDA Platform are owned and operated by FN. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the NDASENDA Services and the NDASENDA Platform provided by NDASENDA or FN (hereafter Materials) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and NDASENDA, all Materials, trademarks, service marks, and trade names contained on the NDASENDA Platform are the property of FN. You agree not to remove, obscure, or alter NDASENDA or any third party copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the NDASENDA Services/NDASENDA Platform. Except as expressly authorized by NDASENDA, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. NDASENDA reserves all rights not expressly granted in this Agreement. If You have comments regarding the NDASENDA Services and/or the NDASENDA Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to NDASENDA and FN, and shall assign to NDASENDA and FN, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

NDASENDA reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the NDASENDA Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the NDASENDA Platform, availing the NDASENDA Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the NDASENDA Services/NDASENDA Platform. For certain changes, NDASENDA may be required under applicable law to give You advance notice, and NDASENDA will comply with such requirements. Your continued use of the NDASENDA Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

NDASENDA may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the NDASENDA Platform or by any other reasonable means.

Waiver

The failure of NDASENDA to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by NDASENDA.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any NDASENDA Service or the NDASENDA Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, NDASENDA may elect to resolve any Dispute by a binding arbitration in accordance with arbitration act in Zimbabwe (hereinafter referred as Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Zimbabwe and the language of this arbitration shall be English. Either You or NDASENDA may seek any interim or preliminary relief from a court of competent jurisdiction in Zimbabwe necessary to protect the rights or the property belonging to You or NDASENDA (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor NDASENDA may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and NDASENDA. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against NDASENDA must be resolved by a court having jurisdiction in Harare, Zimbabwe. You agree to submit to the personal jurisdiction of the courts located within Harare, Zimbabwe, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Zimbabwean law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and NDASENDA relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by NDASENDA in accordance with the terms of this Agreement.


Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the NDASENDA website and all associated sites linked to NDASENDA, or the NDASENDA mobile application or any similar platform (hereinafter collectively, the NDASENDA Platform) run by FN Software Solution Private Limited or its affiliates, having its registered office at 10 Cambridge Road, Newlands, Harare, Zimbabwe (hereinafter collectively, FN or NDASENDA) on any device and/or before availing recharge or bill payment or digital products related services offered by NDASENDA on the NDASENDA Platform (hereinafter, individually NDASENDA Digital Service and collectively, the NDASENDA Digital Services).

Eligibility

The NDASENDA Digital Services are not available to persons under the age of 15 or to anyone previously suspended or removed by NDASENDA from availing the NDASENDA Digital Services or accessing the NDASENDA Platform. By accepting the T&Cs or by otherwise using the NDASENDA Digital Services on the NDASENDA Platform, You represent that You are at least 15 years of age and have not been previously suspended or removed by NDASENDA, or disqualified for any other reason, from availing the NDASENDA Bill Payment and Digital Goods Services or using the NDASENDA Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, NDASENDA reserves the right to suspend or permanently prevent You from availing NDASENDA Digital Services or using the NDASENDA Platform.

Digital Services

NDASENDA facilitates the payment of certain bills through the NDASENDA Platform with respect to certain services offered by NDASENDA business partners who have partnered with NDASENDA to enable their payments or bills to be paid through the NDASENDA Platform. Further, NDASENDA also offers certain digital products which facilitate the purchase of prepaid recharges for mobile airtime, data bundle as well as purchase of grocery, cakes, other such service, etc. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction with the SSID terms and conditions already accepted by You. Each SSID term or condition is applicable to and binding on You, or any of Your activities on the NDASENDA Platform, even if such term or condition is not specifically reproduced herein below. The terms Agreement or T&C mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSID terms and conditions as well as other service-specific terms and conditions in relation to NDASENDA Services or NDASENDA Platform.

NDASENDA Recharges and Prepaid Services

NDASENDA is only a reseller of digital products. NDASENDA does not provide the end services on its own and is only a reseller of prepaid mobile recharge services which are ultimately provided by Mobile Network Operators and/or telecommunication service provider, reseller of prepaid electricity tokens supplied by electricity service (e.g ZESA in Zimbabwe), reseller of prepaid services of city/town/rural district municipality/council or by other distributors or aggregators of such prepaid services (hereinafter Service Provider). NDASENDA is not a warrantor, insurer, or guarantor of the services to be provided by the Service Provider(s). Prepaid recharge or service sold by NDASENDA to You is sold without recourse against NDASENDA for any breach of contract by the Service Provider. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the prepaid recharge or service purchased must be handled directly between You (or the recipient of the recharge) and the Service Provider. All service delivery for all prepaid recharge and services happens through SMS/Email notifications and the system generated invoice wherever applicable. NDASENDA and/or the NDASENDA business partner (including NDASENDA bill payment partners) reserve the right to charge and recover from You, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the NDASENDA Platform or on the NDASENDA business partner channel/portal/website through which You are availing the specific service. You are bound by such revisions and should therefore visit the NDASENDA Platform or check with the NDASENDA business partner channel/portal/website through which You are availing the specific service in order to review the applicable fees which may vary from time to time. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products or services available on the NDASENDA Platform including prepaid recharges in relation to Airtime, Data Bundle, ADSL/WiFi, Landline, ZESA, Councils as well as to other prepaid recharge products and services that may be offered on the NDASENDA Platform. NDASENDA will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.

Bill Payments

NDASENDA offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the NDASENDA business partner through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the NDASENDA business partner on their channel/portal/website over which the service is being availed. From time to time, NDASENDA, at its sole discretion, can add to or delete from such list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a biller. In using the bill payment service, You agree to:
a) provide true, accurate, current and complete information about payee, Your payment account details. Your biller details; and
b) maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or NDASENDA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NDASENDA has the right to suspend or terminate Your account and refuse any and all current or future use of the NDASENDA Services/NDASENDA Platform (or any portion thereof). The term biller also includes telecom operators and Council Payments.

NDASENDA assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:
a) If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed or payment is initiated on day that does not accommodate processing time of respective biller;
b) If payment is not processed by biller upon receipt;
c) Circumstances beyond the control of NDASENDA (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).

The delivery of bill payment to respective biller happens instantly and considered as product/service delivered. An SMS/Email notification and/or system generated invoice gets delivered with APPROVED status. However, the payment is effected at biller record in 3 to 5 business days and may take more time depending on the biller and you may need to check your account at biller for final confirmation. NDASENDA support at its own discretion may help You, if the payment is not effected at biller in specified time but NDASENDA shall not be liable for any delay at biller end.

NDASENDA and/or the NDASENDA business partner (including NDASENDA bill payment partners) reserve the right to charge service fee to be recovered from You, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the NDASENDA Platform or on the NDASENDA business partner channel/portal/website through which You are availing the specific service. You are bound by such revisions and should therefore visit the NDASENDA Platform or check with the NDASENDA business partner channel/portal/website through which You are availing the specific service in order to review the applicable fees which may vary from time to time. In any event, stopping or seeking a reversal of the payment instructions as may have been submitted is not allowed.

Payments towards School Fee, Insurance and Bank Deposit

NDASENDA offers a convenient and secure way to make payments towards School Fee Payments, Insurance Premium Payment and Bank Deposits for specified schools, insurance companies and specified banks. You need to ensure that Insurance/Bank account number and/or student number/ school roll number for the deposit is correct and NDASENDA or its business partner do not hold any responsibility for making a payment in incorrect or someone else account number. All other terms shall remain as that of Bill Payments

Payments towards Grocery, Cakes, Chicken

NDASENDA offers a convenient and secure way to place order and make payments for some of NDASENDA approved merchants for delivery of Grocery, Cakes, Chicken. You can place order for any of the items from approved merchant on NDASENDA platform and your representative can collect the items/goods directly at merchant store. All other terms shall remain as that of Bill Payments.


Refund Policy

All sales of prepaid recharge or any other payments towards digital service on the NDASENDA Platform are final with no refund or exchange permitted. You are responsible for the mobile number or account number for which You purchase the prepaid recharge or any other digital service and all charges that result from those purchases. NDASENDA is not responsible for any purchase of prepaid recharge for an incorrect mobile number or payment in any incorrect account number. However, if in a transaction performed by You on the NDASENDA Platform, money has been charged to Your card or bank account and a product is not delivered within 24 hours or next business day of Zimbabwe of the completion of the transaction, then You shall inform us by sending an email to our customer services email address care@ndasenda.com. You may also place your request on NDASENDA chat support. Please include in your request the details i.e mobile number, operator name, recharge/bill payment value, transaction date and transaction number. NDASENDA will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the recharge, then You will be refunded the money within 7 working days from the date of receipt of Your e mail. It may take up to 21 working days for the money to show in Your bank account depending on Your bank policy.



Our Service Partners

  • Africom
  • Econet Wireless
  • Telecel
  • NetOne
  • TelOne
  • ZETDC

List of Services

    Airtime
  • Econet | Telecel | NetOne | Africom
  • Data Bundle
  • Econet | Telecel | NetOne
  • Broadband
  • Africom | TelOne
  • WiFi Vouchers
  • TelOne
  • VOIP
  • Africom
  • Electricity
  • ZESA

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