Welcome to Haya!

These terms and conditions outline the rules and regulations for the use of Haya's Website, located at www.haya.co.zw . By accessing this website we assume you accept these terms and conditions. Do not continue to use Haya if you do not agree to take all of the terms and conditions stated on this page. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING, BROWSING, DOWNLOADING OR USING THE SITE. BY USING THE SITE OR BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AN CONDITIONS SET FORTH BELOW INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS THAT WE IMPLEMENT FROM TIME TO TIME. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY REFRAIN FROM USING THE SITE AND IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES. 

The following terminology applies to these Terms and Conditions (as may be amended from time to time), Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Zimbabwe. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Haya reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice which shall be your responsibility to visit from time to time in order to stay abreast of any changes that the "Site" may introduce. The services hereunder are offered by Celcest Technologies (Private) Ltd, located at: Suite 3, 3rd Floor, Shanda House, Park Street, Harare.

Eligibility

You shall be at least 18 years of age or over to register and avail the services of the "Site". You represents and warrants that he/she has the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity. The "Site" may terminate the registration of the "User", and any content or information that You have posted on the "Site" and/or prohibit You from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason including the reasons stated above, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 years of age.

Cookies

We employ the use of cookies. By accessing Haya, you agreed to use cookies in agreement with Haya's Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Haya and/or its licensors own the intellectual property rights for all material on Haya. All intellectual property rights are reserved. You may access this from Haya for your own personal use subjected to restrictions set in these terms and conditions. 


You must not:

  • Republish material from Haya
  • Sell, rent or sub-license material from Haya
  • Reproduce, duplicate or copy material from Haya
  • Redistribute content from Haya
This Agreement shall begin on the date hereof 

Parts of this website offer an opportunity for users to comment, publish Ads, make payments and information in certain areas of the website. Haya does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Haya, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Haya shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Haya reserves the right to monitor all Ads and to remove any Ads which can be considered inappropriate, offensive or causes breach of these Terms and Conditions. 

You warrant and represent that:

  • You are entitled to post the Comments and Ads on our website and have all necessary licenses and consents to do so;
  • The Ads do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Ads do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Ads and Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
You hereby grant Haya a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Ads or Comments in any and all forms, formats or media.  

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines
  • News organizations
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:
  • commonly-known consumer and/or business information sources
  • dot.com community sites
  • associations or other groups representing charities
  • online directory distributors
  • internet portals
  • accounting, law and consulting firms; and
  • educational institutions and trade associations
 

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Haya; and (d) the link is in the context of general resource information.


These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.


If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Haya. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Haya's logo or other artwork will be allowed for linking absent a trademark license agreement.


iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.


Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.


Privacy Policy

Haya is committed to protecting the privacy of your personal information. This privacy policy applies solely to information collected by the Site. This Privacy Policy is incorporated into and subject to the terms of the Site's Terms and Conditions. If You do not agree to the terms of this Privacy Policy, You must discontinue using the services on this Site and terminate You registration. By using or accessing the Site, You expressly and impliedly accepts the practices described in this Privacy Policy.


User Consent

By submitting personal information in Your profile, including contact details etc., You register to the site and agree to the terms of this Privacy Policy and expressly consent to the processing of your Personal Information according to this Privacy Policy. User Personal Information may be processed by the Site in the country where it was collected as well as other countries (including Zimbabwe).


Collection and Use of Information

The Site uses any information voluntarily given by You to enhance their experience in the network of the Site so as to make the content useful for others on the basis of their interest. Please note that You post the Content on the Site at his/her own risk. Although the Site allows setting privacy options that limit access to User pages, please be aware that no security measures are perfect or impenetrable. The Site cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, the Site cannot guarantee that User content/ User posts on the Site will not be viewed by unauthorized persons. The Site is not responsible for circumvention of any privacy settings or security measures contained on the Site. User must understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored Your Content.


Confidentiality

This Site only shares User Information with others when it has user's permission or under the types of circumstances described in this Privacy Policy. In addition, the Site may limit access to User Information to only those employees who we believe reasonably need to come into contact with that information to provide products or services to You

The Site has physical, electronic, and procedural safeguards to protect personal information about User and his/her account information is protected by a password selected by You. The Site uses industry-standard (Secure Socket Layer) SSL encryption in certain areas of the Website to protect data transmissions. However, no site can fully eliminate security risks associated with Personal Information.


Changes in the Privacy Policy

If there is a change in the privacy policy, it will prominently be posted in the form of a notification on the site's homepage so that You are always aware of what information is being collected, how is it being used it, and under what circumstances, if any, it is disclosed.



If at any point the Site decides to use personally identifiable information in a manner different from that stated at the time it was collected, it would be notified to You by way of an email.



Users will have a choice to allow/disallow the Site the use of their information in this different manner, and the Site will then use information in accordance with the privacy policy under which the information was collected. The Site encourages You to periodically review this page for the latest information on Site's privacy practices.


Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.


Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.


We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.


Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.


Account Passwords and Registration

You agree that the information You provide to Haya on registration and at all other times, including payment, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, PIN, Password, or any credit, debit or prepaid cash card number or net banking login/password, if applicable), then You agree to immediately notify Haya and indemnify Haya from any liabilities that may arise from the misuse of Your Account.


Prohibited Conduct:

By using the Services you agree not to:

impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise make a payment with what we reasonably believe to be potentially fraudulent funds;

  • infringe our or any third party's intellectual property rights, rights of publicity or privacy
  • post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person
  • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Haya.co.zw
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
  • interfere or disrupt this Site or networks connected to this Site
  • take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
  • sell the Services, information, or software associated with or derived from it
  • breach this Agreement or any other Haya.co.zw agreement or policy
  • provide false, inaccurate or misleading information
  • use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
  • make a payment with what Haya.co.zw reasonably believes to be potentially fraudulent funds
  • use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Haya.co.zw, a third party or You
  • use the Services in a manner that Haya.co.zw or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
  • take any action that may cause Haya.co.zw to lose any of the Services from its service providers, payment processors or other suppliers


Third Party Sites, Products and Services; Links

The Services and/or the Site may include links or references to other web sites or services solely as a convenience to users ("Reference Sites"). Haya.co.zw does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services and/or the Site are solely between You and such entity. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk


Termination; Agreement Violations

You agree that Haya.co.zw, 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 Services and remove and discard all or any part of Your account, Your user profile, Your recipient profile, or Your Ads, at any time. Haya.co.zw may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Services or any account You may have or portion thereof may be effected without prior notice, and You agree that Haya.co.zw will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Haya.co.zw may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Services


Limitation of Liability and Damages

IN NO EVENT WILL HAYA.CO.ZW OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS 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 SERVICES, THE SITE OR ANY REFERENCE SITE, OR (III) YOUR USE OR INABILITY TO USE THE SERVICES, THE SITE (INCLUDING ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, EVEN IF HAYA.CO.ZW OR A HAYA.CO.ZW AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Haya or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to You for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) Your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Haya.co.zw, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Services. YOU ACKNOWLEDGE AND AGREE THAT HAYA.CO.ZW 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 HAYA.CO.ZW, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAYA.CO.ZW. HAYA.CO.ZW WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such cases, Haya's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.


Indemnification

You agree to indemnify, save, and hold Haya, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, 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 Your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Haya reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Haya, including rights to settle, and You agree to cooperate with Haya's defence and settlement of these claims. Haya 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, HAYA AND ITS THIRD-PARTY PARTNERS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, 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 HAYA.CO.ZW OR THROUGH THE SERVICES OR THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM "HAYA.CO.ZW" OR “HAYA” INCLUDES HAYA.CO.ZW'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND AFFILIATED COMPANIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SERVICES AND THE SITE 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. HAYA, AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, HAYA SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES, THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. HAYA AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE SITE OR ANY REFERENCE SITES 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 SERVICES, THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND DEVICE) 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 HAYA 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 SITE


Ownership; Proprietary Rights

The Services and the Site are owned and operated by Haya and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Haya.co.zw (the "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 Haya, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Haya and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Haya or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Haya, 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. Haya reserves all rights not expressly granted in this Agreement. If You have comments regarding the Services and the Site or ideas on how to improve it, please contact us on support@haya.co.zw or send us a message on the Contact Us page. Please note that by doing so, You hereby irrevocably assign to Haya.co.zw, and shall assign to Haya.co.zw, all right, title and interest 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


Arbitration

Haya may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the laws of Zimbabwe. Any such dispute, controversy or claim 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 arbitration shall be conducted in Harare, Zimbabwe and judgment on the arbitration award may be entered in any court having jurisdiction thereof. All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English


Governing Law and Forum for Disputes

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Haya must be resolved by a court situate in Zimbabwe. This Agreement shall be governed by the laws of Zimbabwe, without giving effect to any principles of conflicts of law.


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.


Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect


Fraud Policy

By using Haya services you agree to the following:

  • I am aware that making a payment using fraudulent credit/debit/cash card/other payment instrument is a crime and a felony punishable by heavy fines and jail time. I declare that every transaction done by me on Haya.co.zw is done by my own credit/debit/cash card or e-banking/ m-banking account
  • I declare that I have not fraudulently acquired the credit/debit/cash card or other payment instrument details of another person
  • I shall not use any fraudulent information to publish an Ad or make a payment. I am aware that fraudulent behaviour shall be prosecuted aggressively by Haya, with a passion to the fullest extent of the law
  • I declare that all information provided by me matches with my bank account records as provided by the card-issuing bank. I am aware that inputting intentionally false information is fraud and if found guilty I may be subject to prosecution
The ID and address of your computer and your internet service provider have been determined, and recorded as a safeguard against fraudulent behaviour and may be used by Haya or legal entities to prosecute guilty parties. Haya considers fraud a direct and serious threat to its business practice. We do not take any effort to defraud lightly and will prosecute whenever and wherever possible to the fullest extent of the law.


Refund Policy

Payments made on the site are real-time transactions and there will be no refund or exchange permitted. In a case where a transaction has been completed by you on the Site, and money has been charged to your card or bank account but your Ad or package has not been activated within 48 hours of your completion of the transaction for reasons like "service provider unavailable" and/or other technical issues, then you may inform us by sending us an email on billing@haya.co.zw  or contacting us via our various support channels. Please note that as soon as the transaction fails, money is typically returned automatically to your original payment instrument.


Changes to the Terms and conditions

The site may amend its terms and conditions at any time, at its sole discretion. If there are any change made in the Terms and conditions, the same shall be notified to You by posting an announcement on the site so that You are abreast of the changes that occur on the site from time to time. 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 payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services.