Terms and Conditions
I am over 18 and have read and accept 2020.co.zw's terms and conditions
TERMS AND CONDITIONS
Welcome to 2020.co.zw, Zimbabwe's own online trading platform. The following terms and conditions are intended to help keep this platform a safe place to buy and sell.
1.1 Acceptance of terms and conditions:
The terms and conditions are the terms on which 2020.co.zwoffers you access to the Services and the Website. By registering as a member of you accept these terms and conditions. If you do not accept them you must refrain from using the Services and the Website
1.2 Amendment of terms and conditions:
As 2020.co.zwoperates in a constantly changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes on the site message board. Occasionally, we may make urgent changes. We may also seek your feedback on proposed changes on the message board, or, for significant changes notify you directly via email. Unless otherwise stated, changes will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services and the Website represents your agreement to be bound by the terms and conditions as amended.
1.3 Terminology:
In these terms and conditions, the following words and phrases have the meanings set out:
'auctions' - include listings with a 'buy now' only price;
'item', 'items'- means goods or property that may be bought or sold.
'member' - means a registered member of 2020.co.zw.
'Member Service(s)' - means a business service that has been advertised by a member.
'Services' - means any one or more of the services offered by 2020.co.zw.
'Services Category' - means the category on the 2020.co.zwhomepage where members can list services;
'we', 'us' and 'our' - are a reference to 2020.co.zw.
'you' and 'your' - are a reference to you;
'Website' - means any 2020.co.zwwebsite through which the services are offered;
'listing' - means a listing on the Website through which you offer, negotiate, buy, sell.
'seller' - includes any person placing a listing.
SPECIFIC WARNINGS
2.1 The Services:
2020.co.zwprovides a venue to introduce members who want to buy and sell items or advertise their services. 2020.co.zwdoes not take any part in the sale of items other than by providing our website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. 2020.co.zwis not an auctioneer under any law or otherwise. 2020.co.zw also provides an online store venue where members can be connected with retail businesses and other service providers.
2.2 At your own risk:
Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that 2020.co.zw takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. 2020.co.zw gives no undertakings, representations, or warranties in relation to items sold or listed on the website, or member services advertised or offered through the online store including:
About ownership of any item;
As to the content, safety, description, worthiness, quality, or legality of the items or member services that are listed on the Website;
As to the accuracy or truth of listings;
That any item, or member service listed in the website or online store will meet your requirements or expectations; or
About the ability of members to complete a transaction, including cash on delivery, postage, trade store or any other payment form.
2.3 Disclaimer: You expressly understand and agree that:
Your use of the services and website is at your sole risk. The website and services are provided on an "AS IS" and "AS Available" basis. To the maximum extent permitted by law and without limiting clause 2.2. 2020.co.zw disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Where member services are offered in the online store, 2020.co.zw disclaims and excludes liability for any guarantees that a member service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of the service.
2020.co.zw does not warrant that - i) the services provided will be uninterrupted, timely, secure, or error free. - ii) that any information, including feedback, provided on the website is error-free or reliable.
no advice or information that is obtained by you from 2020.co.zw or anyone else shall create any warranty by 2020.co.zw that is not expressly stated in the terms and conditions.
Responsibility for the content of advertisements appearing on this website or links for the website rests solely with the advertisers. The placement of such advertisements on the website does not constitute 2020.co.zw’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
while 2020.co.zw may facilitate payment for some items via trade stores, 2020.co.zw is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
while 2020.co.zw has systems in place to reduce the risk of fraud, 2020.co.zw is not responsible for protecting members from fraudsters. 2020.co.zw’s fraud protection systems may from time to time block legitimate trade store transactions. In these cases payment will need to be made by other means.
2.4 Liability:
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of 2020.co.zw to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another member's acts or omissions, or your use of or inability to use, the services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. 2020.co.zw’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity:
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of 2020.co.zw’s message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the services.
2.6 Breach:
Without limiting any other rights and remedies available to 2020.co.zw, we may limit your activities on the website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions, in particular, your obligations under Clause 4, or where 2020.co.zw considers it appropriate.
BECOMING A MEMBER
3.1 Becoming a Member:
Becoming a member is free. You may only register as a member if you are resident in Zimbabwe and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information:
You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by 2020.co.zw to ensure it is kept current at all times. We may phone, write or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at 2020.co.zw’s discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership:
2020.co.zw reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, we may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the website 2020.co.zw may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our trading community or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new 2020.co.zw memberships. You may at any time close your membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by 2020.co.zw, your ability to use the 2020.co.zw website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
Not to permit any other person to use your user name or membership; and
Not to disclose, or provide to any other person, your password, email address, date of birth, ID number or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Emails and newsletters:
2020.co.zw will send you emails relating to your membership, transactions and other activities on the website, and for promoting and marketing other 2020.co.zw products and services to you. We may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
3.6 Other ways to access 2020.co.zw:
2020.co.zw may be accessed through mobile platforms. All terms and conditions stated here apply when 2020.co.zw is accessed through these mobile platforms
4.1 General
All listings, bids or communications made through 2020.co.zw shall be made in good faith.
You must not damage, interfere with or harm the website or services, or any network, or system underlying or connected to them, or attempt to do so.
You may not use a robot or other unauthorised automated means to access the website or information featured on it for any purpose.
You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the 2020.co.zw message boards.
Notwithstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details.
You must list auctions and classifieds in Zimbabwe’s legal currencies and include GST in the price All tax obligations are the responsibility of the seller and/or the buyer as appropriate.
You must not complete a transaction outside of the 2020.co.zw process or otherwise seek to avoid 2020.co.zw’s success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in 2020.co.zw suspending or terminating your membership.
Contracts for the sale of land, cars and other goods must be in writing to be legally enforceable.
You must not use the services or the website to promote items for sale outside our services.
You are responsible for any actions taken through your membership. 2020.co.zw memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from 2020.co.zw.
4.2 Your obligations as a seller
Sellers must be located in Zimbabwe. Sellers outside of the country are not permitted to sell on 2020.co.zw, unless specifically authorised in writing by 2020.co.zw.
You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession. In the goods that are offshore, they must be in transit to Zimbabwe and you must hold clear authority to sell such goods. You must also clearly indicate that such goods are offshore and in transit indicating expected date in the listing.
All listings must comply with laws of Zimbabwe. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially, religiously or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that 2020.co.zw may disclose your personal information, including your name, ID number and/or contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(e) at any time.
When you list an item for auction on 2020.co.zw, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forums. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
2020.co.zw classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.
Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use 2020.co.zw listings to promote a business or website other than one for sale in your listing.
You must not use the services or the website to sell items that are of a speculative nature including, but not limited to, shares, pyramid or similar schemes.
You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
For classifieds, you may choose to sell to any buyer at your discretion.
You will only list legal adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.
Listings are not pre-screened for content. 2020.co.zw reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
You agree to your email address being provided to the buyer when your auction closes.
You must promptly forward the listed item to the successful buyer on completion of the transaction.
You must not charge unreasonable amounts for shipping and packaging costs.
The sale of films, videos, DVDs, VCDs and laser disks is covered by the law governing intellectual property rights. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the classification rating and all information on the classification label.
If you're a motor vehicle trader selling a car online by auction, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a clear photo) and provide the CIN to the successful buyer.
To help maintain quality listings, 2020.co.zw reserves the right to suspend sellers who list over 1000 auctions per week where the sell through rate of these auctions averages less than 20% over 30 days. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.
4.3 Your obligations as a buyer
You must be located in Zimbabwe to buy on 2020.co.zw. People outside of these countries are not permitted to purchase items on 2020.co.zw.
Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
You must make full and prompt payment for any item you buy.
You agree to your username and the amount of your bid being publicly shown on the 2020.co.zw website. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.
If your bid is successful and you do not pay for the item, you will receive a warning from 2020.co.zw if the seller complains about you. After 3 such complaints, we may suspend or terminate your membership.
You must only access the Adult category if you are at least 18 years old.
You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.
4.4 Feedback
Feedback is provided for the purpose of facilitating trading between members on the 2020.co.zw website. The feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. 2020.co.zw may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
You must not post feedback about yourself or include any contact details or personal information in your feedback.
5. FEES AND ACCOUNTS
5.1 2020.co.zw Listing Fees and Success Fees
2020.co.zw charges fees for the use of the website as a venue.
2020.co.zw’s current fees are 8% per successful bid price charged at the close of a successful bid.
2020.co.zw reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of that service, unless otherwise stated.
All fees are inclusive of GST and in auction listing currency unless otherwise stated.
2020.co.zw reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.
By accepting these terms and conditions, you accept to pay the fees as stated.
5.2 2020.co.zw Accounts
2020.co.zw maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. 2020.co.zw accounts cannot be used for the payment of items sold.
2020.co.zw will maintain an amount that exceeds the aggregate face value of members' accounts (less any amounts that have been cancelled, redeemed, or forfeited in accordance with these terms and conditions) in a separate bank account. 2020.co.zw acknowledges and declares that all amounts deposited in that separate bank account are held on trust for members, such that each member has the right to a proportion of the separate bank account equal to the face value of his or her account. 2020.co.zw may deduct amounts from the separate bank account as contemplated by these terms and conditions, and reserves the right to retain any interest earned on amounts deposited in the separate bank account.
You must settle any negative account balance immediately. 2020.co.zw reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that 2020.co.zw incurs when collecting that debt.
If your membership is terminated 2020.co.zw will refund the positive balance of your credit account, less a $5 manual processing fee that is payable to 2020.co.zw. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
If you have not logged on to the 2020.co.zw website for a period of 18 months, any unused balance on your account is forfeited and your membership will be suspended.
2020.co.zw will ensure that, at all reasonable times, an electronic statement is available to you on your account page that contains the following information.
the balance of your 2020.co.zw account; and
records of the past 2000 transactions of your account, and
2020.co.zw will ensure that, at all reasonable times, you can check the balance of your account on your account page.
6. GENERAL PROVISIONS
6.1 System Integrity:
2020.co.zw will use its reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, 2020.co.zw takes no responsibility for any system unavailability, the corruption and/or loss of data or information or for any loss that is incurred as a result of website and/or services being unavailable.
6.2 Resolution of disputes:
As 2020.co.zw is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, 2020.co.zw in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided. In case of disputes you will
Attempt to amicably resolve the issue with the seller first, and to inform 2020.co.zw and co-operate fully and reasonably to resolve any problem transaction before taking legal action.
Return the goods (with original packaging) should you seek a refund from the Seller in the event that you are not satisfied with the transaction and have resolved the issue with the concerned member.
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6.3 Message Boards:
2020.co.zw provides Message Boards for the use of members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. 2020.co.zw is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 Force Majeure:
Without prejudice to clause 2.3(a), 2020.co.zw has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of 2020.co.zw to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of 2020.co.zw.
6.5 No Waiver:
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be removed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law:
These terms and conditions are governed by the laws of Zimbabwe. You submit to the non-exclusive jurisdiction of the Courts of Zimbabwe.
6.8 Intellectual Property Rights:
2020.co.zw, its licensors or suppliers, as the case may be owns all proprietary and intellectual property rights in the website, including but not limited to text, graphics, logos, icons and sound recordings and the software and other material underlying and forming part of the services and the website.
You may not without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
Commercialise, copy, or on-sell any information, or items obtained from any part of this website.
6.9 Entire Terms and Conditions:
These terms and conditions supersede all previous conditions, agreements representations and commitments, whether written or otherwise. These terms and conditions constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.