Zobber, Geo Location Driven Online Shopping and Fast Delivery

1.1. "Shopper" means an end-user of the Zobber Website, who uses the Website for any purpose, whether for informational purposes, to purchase products and/or services from a Vendor or any other purpose;

1.2. "Delivery Vendor" means a registered Vendor whose primary function is to conduct deliveries of a product or service of a Product Vendor;

1.3. "Payment Gateway" means the payments infrastructure and interface between this Website and Standard Bank of South Africa Limited using the Paygate (Proprietary) Limited internationally compliant proprietary payments software;

1.4. "Personal Data" means Personal Data as defined in the ECT Act and includes all data that relates to a natural person who is directly or indirectly identifiable, whether by an identification or other number or name, or indirectly with one or more facts that relate to his or her physical, physiological, mental, economic, cultural or social identity and includes that subset of personal data which reveals racial or ethnic origin, political opinions, religious beliefs, trade union membership, health or sex life details (Sensitive Data);

1.5. "Privacy Legislation" means any data privacy laws applicable in the Republic of South Africa or any other territory in which Zobber trades, including the common law and obligations imposed under the Constitution of the Republic of South Africa and any data privacy legislation promulgated in or applicable (including the enactment of the Draft Protection of Personal Information Bill) or data privacy principles enforceable under any other applicable legislation;

1.6. "Product Vendor" means a registered Vendor whose primary function is to provide products and /or services to Shoppers via the Website;

1.7. "Services" means those services to be provided by the Vendor to a Shopper on or via the Website in accordance with these terms and conditions;

1.8. "Vendor" means any person, business, corporate entity that registers on the Website for the purpose of utilizing the Zobber infrastructure and transacting with Shoppers, and includes a Delivery Vendor and a Product Vendor;

1.9. "Website" means the Zobber website, available at http://www.zobber.com or such other URL at which it may be accessible from time to time, to which these terms and conditions are applicable.

2.1. Zobber provides Vendors with:

2.1.1. a business platform from which to offer their products and services for sale and to efficiently interact and transact with Shoppers in target markets;

2.1.2. a customizable online presence and "electronic store" with the ability to link to existing websites and electronic media;

2.1.3. a secure payments suite seamlessly integrated with the Vendor's electronic store;

2.1.4. efficient online sales and delivery processes that facilitates rapid delivery of products and services to Shoppers and payment to Vendors;

the ability to establish localized delivery services businesses and attract peer review and enhanced benefits for excellent service;

2.1.6. functionality to perform personal online management and customization of their online businesses, from advertising or marketing of their businesses to delivery of their products and services.

.2. Without limiting the generality of clause 2.1, Zobber:

2.2.1. creates a targeted localized market place for online businesses seeking direct access to Shoppers situated in the geographic areas closest to their retail points of presence;

2.2.2. provides functionality for the set -up and operation of an "online store" on which the Vendor's goods and services can be marketed, sold, paid for and delivered [and /or exchanged] by Shoppers. Local businesses will be able to create vendor accounts on which they may advertise and offer any product they wish to promote or sell with or without a link to their existing internet sites;

2.2.3. offers functional online sales, order processing, product support and product delivery. This includes a logistics module which manages client proximity issues and offers delivery time estimation with a Shopper delivery policy with pre-defined delivery times ranging from 1 hour to 1 week;

2.2.4. offers implementation support to Vendors and Shoppers for the purpose of creating Vendor and client profile's. Online tutorials are available which make creation of these profiles a fast and easy step by step process. In the case where either vendor or client still experiences difficulty, Zobber offers support via email or personal Zobber agents.

2.3. Registered Zobber users or clients will be able to browse items from all vendors. Clients will be able to select products from the entire shopping environment, purchase an item and expect delivery within the hour.

2.4. The goal of Zobber is to make local products on offer more readily available and thus to increase sales, and also to make shopping efficient, simple and fast.

2.5. In summary: Zobber offers businesses online solutions and offers clients the ability to shop from the comfort of the home, with a promise of prompt delivery.

2.6. Zobber offers Shoppers:

2.6.1. the ability to create a secure personalized profile on the Website;

2.6.2. the ability to purchase goods and services from Vendors using our secure payments infrastructure and delivery modules that interface with Vendor Accounts and the Payment Gateway;

2.6.3. efficient delivery of goods and services to their premises;

2.6.4. secure payment infrastructure using an internationally compliant Payment Gateway; and

2.6.5. the ability to peer review Vendors and delivery Vendors and to create a local commercial network of known and reviewed businesses.

2.7. Zobber will implement reasonable security measures on the website to protect the Shopper's personal and confidential information.

3.1. BY YOUR USE OF THE WEBSITE, Shoppers ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, YOU MUST LEAVE THE WEBSITE IMMEDIATELY AS FURTHER USE WILL AMOUNT TO DEEMED CONSENT TO THESE TERMS AND CONDITIONS

3.2. Zobber will not be responsible for the performance of Vendors, including Delivery Vendors, or for the quality of the products or services provided by Vendors;

3.3. Notwithstanding the provisions of any term or condition of the agreement between the Shopper and Zobber, by using the Website and accepting these terms and conditions, Shoppers agree not to hold Zobber directly or indirectly liable for any loss or damage suffered whatsoever, in respect of the products or services ordered on or via the Website or pursuant to any information obtained on or via the Website.

3.4. By making their goods and/or services available on the Website, a Vendors hereby agrees to:

3.4.1. advertise only goods that are in stock and available for delivery within the specified delivery times or to make it abundantly clear that a product advertised will only be available at alternative time frames;

3.4.2. take all reasonable steps to ensure that delivery times are met;

3.4.3. warrant the quality, merchantability and fitness for purpose of the products and services offered and sold;

3.4.4. comply with their obligations under Privacy Legislation, the ECT Act, Consumer Protection legislation and all other legal obligations towards Shoppers;

3.4.5. refund Shoppers in full, subject to reasonable deductions for administrative and other costs, all monies paid to the Vendor in respect of inherently defective or undelivered Products;

3.5. indemnify and hold harmless Zobber its shareholders, directors and employees, against any loss, damage, injury or death that may arise, howsoever and whensoever, out the use of the Website and /or the making available and/or sale of any product and/or service to a Shopper, including, but not limited to:

3.5.1. any act or omission on the part of the Vendor or delivery Vendor in the rendering of the Services or delivery of a product; and

3.5.2. any claim of a Shopper in respect of a product or service howsoever and whensoever arising.

4.1. The provision of goods and services offered by Vendors is subject to availability and the returns and refunds policy of the relevant Vendor. Zobber shall use its reasonable efforts to ensure that Vendors advertise only quality products and services that are readily available for delivery but the final responsibility for the products rests with the Vendor. Shoppers shall be able to rate and review Vendor performance, including their performance in regard to product quality, availability, delivery times and quality of service, including their returns and refund performance thereby creating a self-regulating peer review mechanism.

4.2. Refunds will be processed through the Website in accordance with Zobber's payments module and the rules of the Payment Gateway.

4.3. In the case of actual non-delivery of products or services, Zobber will refund the client the actual cost of goods not delivered within 30 days of a dispute in respect thereof being registered, less reasonable administrative costs. Cancellation of orders by clients will attract a 5% administration fee.

4.4. As Zobber only provides the platform for doing business, Vendors will be held responsible for product unavailability. If and when disputes arise, Zobber offers client refunds as stipulated above, together with the opportunity to rate the Vendor which may result in further action.

4.5. A Vendor will be liable to Zobber for any costs Zobber incurs as a consequence of a breach by such Vendor of its obligations to Shoppers.

5.1. All Intellectual Property rights in and to the content and functionality on this Website belong to Zobber

5.2. Permitted use and licence

5.2.1. Zobber hereby licences the Shopper to view, download and print the content of the Zobber web site, provided that such content is used for personal, educational and/or non-commercial purposes only;

5.2.2. Zobber hereby provides the Vendor with a royalty free licence to use the Website for the purpose of transaction with Shoppers via the Website in South Africa for the duration of the Vendor's affiliation with Zobber.

5.2.3. The Vendor warrants that any links to third party websites that it establishes on its electronic store shall not breach the intellectual property rights of any third parties, and hereby indemnifies Zobber and its directors, officers and employees against any loss or damage claimed by any third parties as a result of any deep linking or other use or avoidance of third party intellectual property and /or goodwill of any nature.

6.1. in the event that a Vendor:

6.1.1. breaches these terms and conditions;

6.1.2. fails to comply with its obligations in terms of the Privacy Policy;

6.1.3. repeatedly fails to delivery products and services in accordance with the agreed matrics; or

6.1.4. obtains a negative / unsatisfactory peer review rating which is not improved to satisfactory for 3 months in a row;

6.1.5. displays any content on its Zobber electronic store or other website that elicits complaints due to its inappropriate nature; or

6.1.6. acts in breach of the ECT Act or any other law,

Zobber may give it notice of its intention to terminate its account and remove its electronic store from the Website if it fails to rectify the problem within 14 days of being notified thereof by Zobber.

6.2. If the Vendor fails to rectify any issues identified in clause 6.1 above, then Zobber shall be entitled, but not obliged, to remove or block access to such Vendor's electronic store and user account either temporarily (until the offending content is removed or the problem otherwise resolved) or permanently, in its sole discretion.

6.3. In the event that Zobber permanently terminates the Vendor's electronic store, it shall pay all undisputed amounts in the Vendor account to the Vendor within 30 days of termination of the account or within 30 days of any disputes in respect of payments being resolved, whichever is the latest. The Vendor hereby waives any claim whatsoever arising from the temporary or permanent removal or blockage of the Vendor's electronic store arising as a result of the provisions of this clause 6 and hereby indemnifies and holds harmless Zobber, its directors, officers and employees in respect thereof;

7.1. Vendor Support

7.1.1. In terms of setting up a vending profile, the process is done online through a straight forward sequential process. There will be online step by step tutorials available, explaining the every process. If there are still complications at this point, then the vendor needs only to contact support@Zobber.com in order to request an agent to solve the problem.

7.1.2. Once a profile has been created and becomes operational, Zobber offers vendors support through functionality on the website or support via email or agents.

8.1. The Vendor is required to and hereby agrees that it will:

8.1.1. comply with all consumer legislation and the Privacy Principles contained in Zobber's privacy policy available here;

8.1.2. take all reasonable technical, process and organizational steps to secure the privacy and confidentiality of Personal data and sensitive Data of Shoppers;

8.1.3. supply only products and services of good quality that are fit for purpose and meet reasonable quality standards;

8.1.4. use its best endeavors to supply the products and services to Shoppers within the agreed time frames and in a safe and efficient manner;

8.1.5. bear the risk associated with delivery of the products and services until such time as they are delivered to the Shopper, as evidenced by written confirmation of receipt by the Shopper;

8.1.6. comply with all its obligations to Zobber in respect of payment for services and the rules of the Payment gateway, which are provided to it separately;

8.1.7. authorize Zobber to debit its account with the commission / usage charges from the amounts due to it in the amount agreed to between Zobber and the Vendor, and as amended by Zobber from time to time;

8.1.8. be liable for all damages suffered as a result of its failure to comply with its obligations to maintain the confidentiality of Shopper Information, the quality of the products and services offered and the delivery process, and hereby indemnifies Zobber, its shareholders, directors and employees, against any claims, loss, damage, injury or death that may arise, howsoever and whensoever, as a result of a breach of confidentiality, defective products or services, or services provided in breach of the Vendor's obligations to Zobber and the Shopper or for any other reason.

9.1. The Vendor shall not cede or assign any of its rights or delegate its obligations in terms of this Agreement to sub-contractors or agents in order to carry out its obligations in terms of this Agreement, without the prior written consent of Zobber.

9.2. Should the Vendor employ the services of a sub-contractor or an agent (hereinafter "the Appointee") to carry out any of its obligations in terms of this Agreement, then:

9.2.1. the Vendor shall be obliged to appoint the Appointee on terms no less onerous than those contained herein;

9.2.2. the terms and conditions of this Agreement shall be duly implemented by the Parties and shall at all times take precedence over any agreement that the Vendor may enter into with the Appointee ;

9.2.3. notwithstanding any such appointment, the Vendor shall be and remains liable for the due performance of its obligations under this Agreement;

9.3. the Vendor does hereby indemnify and hold harmless Zobber, its shareholders, directors and employees, against any loss, damage, injury or death that may arise, howsoever and whensoever, out of any such appointment including, but not limited to:

9.3.1. any act or omission on the part of the Appointee in the rendering of the Services; and

9.3.2. any claim of such Appointee howsoever and whensoever arising;

9.4. Zobber shall make payment directly to the Vendor as provided for herein. For the avoidance of any doubt, liability and responsibility for any payment due to the Appointee shall at all times lie with the Vendor.

10.1. The services offered by Zobber are available only to South Africans situated in vendor local environments for prompt delivery or South Africans in slightly remote areas who can expect delayed delivery.

10.2. Products and services sold on the Website are not intended for export out of South Africa.

11.1. Subject to availability and receipt of payment, requests will be processed immediately within the local Vendors specified working hours. Zobber aims to facilitate local deliveries within 1 (one) hour of the time that the order was requested (during office hours).

11.2. Requests will processed with order numbers or booking numbers and confirmed by Zobber's personal client communication systems associated with both Zobber servers and Vendor tracking and processing systems.

11.3. Orders may be placed at any time, and will allow user specified delivery times. Orders may be placed days in advance with specified delivery times, and then will be automatically processed an hour before delivery is required. If orders are placed outside of the Vendor's operating hours, the option to cancel or the option to specify an appropriate delivery time will be offered.

11.4. Processed orders will be delivered by each Vendor or Delivery Vendor, as the case may be, who will be fully responsible for the delivery of the order. Vendors may choose to make use of Zobber delivery services or they can choose to use their own delivery team if they already have one in place. If a Vendor elects to use its own delivery service, Zobber will not be responsible for any aspect of the delivery and enquiries in respect thereof shall be directed to the relevant Vendor.

11.5. As Zobber supports local business, client orders will be correlated with local Vendors to ensure prompt delivery or the notice that the delivery will take place at a later time period, depending on the client's preference.

11.6. Shoppers will be required to confirm receipt of orders in writing, immediately upon being requested to do so by a Vendor or Delivery Vendor and shall have an opportunity to inspect the products or services to ensure accurate fulfillment of the order.

11.7. Risk in and to goods and services delivered shall pass from the Vendor to the Shopper upon written confirmation of receipt of delivery.

12.1. Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Zobber bank account, the details of which will be provided on request.

12.2. Shoppers and Vendors hereby authorize Zobber to credit and debit their accounts created on the Website in accordance with transactions they enter into, these terms and conditions and the rules of the Payment Gateway.

This website is governed by the laws of South Africa and Zobber chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 3 Bothmazicht, Smuts street, Stellenbosch, 7600.

Zobber may, in its sole discretion, change this agreement or any part thereof at any time without notice.

This website is run by a private company based in South Africa trading as Unijunction (PTY) LTD and with registration number 2009/017970/07 and directors EH van Biljon and HA Burger.