By accessing Thumeza websites, applications and accepting the statement with the link, you agree and continue to access the Thumeza Enterprises websites and applications, you accept the terms and the processing of personal data described in the privacy notice.
You may withdraw your consent at any time. We will then refrain from further processing your personal data, except to the extent the processing of your personal data is lawful for other reasons, even without your consent, such as lawful purposes as fulfilling the contractual obligations or compliance with law or to protect our or third parties legitimate interests (such as the uninterrupted availability of our website or enforcement of violations of law).
1.a) INFORMATION COLLECTED BY THUMEZA
This includes information that is on the Thumeza databases, online servers, phone book or any other records held accountable by Thumeza Enterprises. Sources of data collection You as the subject, provide Thumeza Enterprises with data in two ways, by providing the information on our online platforms (website and applications), or by interacting with us and providing us with data from your own interactions that take place off our platform.
i) Information you provide
We receive and store any information you enter on Thumeza Websites and Applications provided to us during registration, accessing your account or profile, submitting questions on help platform or utilizing customer support or communicate with us or requesting a quotation for services. Collected information includes from Clients (enterprises that need their loads to be shipped)
(a); name, postal address, email address, phone numbers,
(b) data necessary to process your payment (including the credit card/payment instrument information) for online orders or to make requests for a quotation for our services (under the Thumeza Applications), to apply for a refund, or to communicate with customer services regarding a refund to the credit card/payment instrument,
(c) name and contact information for the sender (loading site) addressee and name and contact information of the responsible person at the delivery location.
(d) Demographical data such as your age, gender, country, preferred language, passport number and citizenship, date of birth and country of residence are also collected. Such information is collected to improve on client-interface (platform) experience so we can improve on our services and legal obligations towards customs and other regulatory authorities. When you register for membership, you can subscribe to services like the mailing list or newsletter or other marketing communications.
The collected information includes Transporters (enterprises or individual drivers that move loads that are specified by clients).
a); name, phone numbers, national Identity document, driver licenses, driver age, driver gender,
(b) vehicle registration, vehicle description (load capacity), trailer description, number of vehicles available.
(c) data necessary to process your payment (including the credit card/payment instrument information).
ii) Information collected automatically through interacting with Thumeza.
We receive and store information where you interact with us through our services, including online technologies (Cookies) and receiving error reports or usage data from software applications on your devices online. We collect and analyze device, connectivity and configuration data including the Internet protocol (IP) address used to connect your computer or device to the internet, computer and connection information such as browser type, version, time zone and other computer software installed on the device, browser plug-in types and versions, operating system, catalog preferences, wish list, browser history, the features you use and pages accessed and web sites visited. We use Google Analytics to assist with software tools to measure and collect the performance data on Thumeza Websites and Applications including download error or performance issues caused.
** 1.b) PURPOSE OF INFORMATION COLLECTED BY THUMEZA**
(i) Lawful purposes Your personal data is processed by Thumeza Enterprises on the basis of a lawful “justification” for such processing, to the extent required by or permissible under applicable law in Zimbabwe including the GDPR (EU).
Thumeza Enterprises keeps records of all activities for accountability purposes with partner drivers. Records of client enterprises are kept to keep a referral record of transported goods and their responsible persons.
NOTE: The right to privacy is only limited. If the privacy threatens the active law or the peace of other citizens, the right is overwritten. (ii) Data Analysis Collected data is processed by applying statistical practices to organize, represent, describe, evaluate, and interpret data. Following Thumeza’s vision- “To provide the underlying data that powers every logistical decision made by stakeholders throughout the logistical ecosystem” Data handling and management is part of Thumeza’s everyday duty to provide logistics giants nation-wide with up to date insight. With the powerful tools of data science, Thumeza platforms collect data to provide an index to its users.
The Services comprise of an applications and related services (each, an “Application”), which enable users (Drivers and Clients) to arrange and schedule trips, logistics and/or delivery services, including third-party providers of such services of trucks/ transporting/ delivery vehicles, with enterprises that needs goods to be shipped under agreement with Thumeza Enterprises or certain of Thumeza’s affiliates (“Third Party Providers”) and as a result apply for access to working capital to be disbursed and collected by Thumeza on behalf of 3rd parties, if any. In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront payment, subject to acceptance by the respective Third-Party Providers. Unless otherwise agreed by Thumeza Enterprises in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. You acknowledge that your ability to obtain logistics and/or delivery services through the use of the services does not establish Thumeza Enterprises as a provider of transportation, logistics or delivery services or as a transportation carrier or a provider of working capital loans.
Subject to your compliance with these Terms, Thumeza Enterprises grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use of the Applications on your personal devices solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Thumeza Enterprises and Thumeza Enterprises ’s licensors.
2.b) USER ACCOUNTS.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”), either as a Partner Driver or a Client or a Service Provider. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Thumeza Enterprises certain personal information. You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having invalid or expired contact information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Thumeza Enterprises in writing, you may only possess one Account.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Thumeza Enterprises on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Thumeza Enterprises, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Thumeza Enterprises by someone else.
3.a) AGREEMENT TO BINDING ARBITRATION BETWEEN YOU AND THUMEZA. You and Thumeza Enterprises enterprises agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Thumeza Enterprises and not in a court of law. Unless both you and Thumeza enterprises otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Thumeza Enterprises each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
3.b) RULES AND GOVERNING LAW
The arbitration will be administered by Zimbabwean law in accordance with Zimbabwe’s arbitration rules and the supplementary procedures for consumer-related disputes. The parties agree that the arbitrator (“Arbitrator”), and not any Supreme, High, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 3.c) PROCESS.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Zimbabwe Arbitration Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in Zimbabwe and will be selected by the parties from registered Zimbabwean arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then one will be appointed by the Chairperson of the Commercial Arbitration Centre in Harare. 3.d) LOCATION AND PROCEDURE.
Unless you and Thumeza Enterprises otherwise agree, the arbitration will be conducted in Harare. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Thumeza Enterprises submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. 3.e) ARBITRATOR’S DECISION.
The decision of the Arbitrator shall be final and binding on the parties. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. 3.f) FEES. The Arbitrator shall determine how the costs of the Arbitration will be paid as between the Parties. 3.g) CHANGES.
Notwithstanding the provisions in Section 3 above, regarding consent to be bound by amendments to these Terms, if Thumeza Enterprises changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Thumeza Enterprises written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either by email from the email address associated with your Account to: email@example.com. Or handwritten to our addresses provided in our contact us pages. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Thumeza Enterprises in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms). 3.h) SEVERABILITY AND SURVIVAL.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stated pending the outcome of any individual claims in arbitration.
The services are provided “as is” and “as available.” Thumeza Enterprises disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Thumeza Enterprises makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. Thumeza does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. Limitation of liability. Thumeza shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of Thumeza Enterprises, even if Thumeza Enterprises has been advised of the possibility of such damages. Thumeza Enterprises shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third-party provider, even if Thumeza Enterprises has been advised of the possibility of such damages. Thumeza Enterprises shall not be liable for delay or failure in performance resulting from causes beyond Thumeza Enterprises’s reasonable control. You acknowledge that third party providers providing transportation services requested through some request products may offer load-sharing or peer-to-peer transportation services and may not be professionally licensed or permitted. The services may be used by you to request and schedule transportation, goods, or logistics services with third-party providers, but you agree that Thumeza Enterprises has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third-party providers other than as expressly set forth in these terms. The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Thumeza’s Enterprises liability shall be limited to the extent permitted by law.
You agree to indemnify and hold Thumeza Enterprises and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these terms; (iii) Thumeza Enterprises’s use of your user content; or (iv) your violation of the rights of any third party, including third-party providers.
**6. OTHER PROVISIONS **
Choice of law. These terms are governed by and construed in accordance with the laws of Zimbabwe, without giving effect to any conflict of law principles, except as may be otherwise provided in the arbitration agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these terms is not intended to create any other substantive right to Non-Zimbabweans to assert claims under Zimbabwe law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in section 3 of these terms, are only intended to specify the use of Zimbabwe law to interpret these terms and the forum for disputes asserting a breach of these terms, and these provisions shall not be interpreted as generally extending Zimbabwea n law to you if you do not otherwise reside in Zimbabwe. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in section 3 or to any arbitrable disputes as defined therein. 6.a) CLAIMS OF COPYRIGHT INFRINGEMENT. Claims of copyright infringement should be sent to Thumeza Enterprises’s designated helpline: firstname.lastname@example.org.
Thumeza Enterprises may give notice by means of a general notice on the services, electronic mail to your email address in your account, telephone or text message to any phone number provided in connection with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing. You may give notice to Thumeza Enterprises, with such notice deemed given when received by Thumeza Enterprises, at any time by mail.
You may not assign these terms without Thumeza Enterprises’ prior written approval. Thumeza Enterprises may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Thumeza Enterprises’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Thumeza Enterprises or any third party provider as a result of this agreement or use of the services. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Thumeza Enterprises’ failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Thumeza Enterprises in writing. This provision shall not affect the Severability and survivability section of the arbitration agreement of these terms.