Terms and Conditions

Terms and Conditions

Terms & Conditions

DUE TO LOCKDOWN, OUR SERVICES WILL RUN ON SPECIAL TERMS AND CONDITIONS WHICH DEPENDS ON THE PROTOCOLS AND CONDITIONS IMPOSED BY GOVERNMENT. ALL VENDORS MUST STRICTLY FOLLOW AND ADHERE TO OUR BROADCASTS. WE URGE EVERYONE TO STAY SAFE AND APPLY ALL SAFETY MEASURES.
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 General Terms of Use

Terms and Conditions for zafaire.com
Online Market Place also referred to as the Portal.

By accessing and using this Portal,
you agree to be bound by the following terms and conditions including all the
policies mentioned hereunder (hereinafter referred to as the “Terms &
Conditions”). In case you do not accept to be bound by these Terms &
Conditions, you may not use this Portal including any services provided
hereunder. 

  1. The Online Portal

1.1. This Online Portal accessible
on www.zafaire.com (hereinafter referred to as the “Portal”) is managed and
operated by Pavilion Marketing Ltd, a company having its registered address at , Port Louis bearing Business Registration
Number C13119347 (hereinafter referred to as “The Company”). 

Zafaire.com is a web-based system
that facilitates and encourages buying and selling to induce collaboration
among trading partners across a selection of industries/markets. It is
essentially a virtual space/platform that provides infrastructure services for
buyers and sellers to meet and conduct business transaction online in their own
best interest.

1.2. You acknowledge and accept that
these Terms & Conditions must be read together with the following policies
which are also accessible hereunder:

  • Registration Policy
  • Security & Privacy Policy
  • Products & Services Policy
  • Cancellation of Order & Refund Policy
  • Returns & Refund Policy
  • Liability & Disclaimer Policy

The above policies shall
collectively be referred to as the “Policies”.

1.3. These Terms & Conditions
apply to persons purchasing Products or Services from the Portal, as well as
any persons visiting same.

1.4. By browsing and/or registering
on this Portal, you are providing the Company your consent for the processing
of your personal information as defined in the Security & Privacy Policy.

1.5. The Company reserves its right
to amend these Terms & Conditions at any time at its sole discretion. We
recommend you to read and acknowledge these Terms & Conditions each time
you access the Portal.

  1. Definitions and Interpretation

2.1. Unless otherwise specified or
unless the context clearly indicates otherwise, the following terms shall have
the following meanings ascribed to them:

2.2. “Business Day” means any day of
the week other than Saturday, Sunday or public holiday in the Republic of
Mauritius;

2.3. “Calendar Day” means any day of
the week, including Saturday, Sunday or public holiday in the Republic of
Mauritius;

2.4. “Direct Marketing” means to
approach a person, either in person or by mail or electronic communication, for
the direct or indirect purpose of promoting or offering to supply, in the
ordinary course of business, any goods or services to the person;

2.5. “Intellectual Property”
means, collectively, the patents, copyrights (and moral rights), Trade Marks,
designs, models, brands, names, trade names, graphics, icons, hyperlinks,
Know-How, trade secrets and any other type of intellectual property (whether
registered or unregistered including applications for and rights to obtain or
use same) which are owned by, licensed to, used and/or held (whether or not
currently) by the Company on or in connection with this Portal;

2.6. “Know-How” means all the ideas,
designs, documents, diagrams, information, devices, technical and scientific
data, secret and other processes and methods used by the Company in connection
with this Portal, as well as, all available information regarding marketing and
promotion of the Products and Services described in this Portal, as well as all
and any modifications or improvements to any of them;

2.7. The Company will include the
employees, officers, advisers, service providers, suppliers and content
providers of the Company;

2.8. “Products & Services”
products, devices, accessories, content, any other products or services which
may be offered by the Company on the Portal;

2.9. “Trade Marks” means those
trademarks owned by companies offering products for sale on the portal and any
other trademarks, designs, logos, style names and slogans which the Company either
owns or has the right to use or any derivative service offerings of, and
applications for, any of same;

2.9.1. “Portal Material” means the
contents of this Portal, including without limitation, all and any information,
data, documents, Intellectual Property, material, products (including software)
or services contained in, accessed through, or downloaded or obtained from this
Portal;

2.9.2 ‘Seller’ means a company which
has subscribed to any of the packages offered by The Company and who is
offering products for sale and/or services to the End Customer

2.9.3. Terms like “you”, “your”,
“Customer” refers to any person accessing the Portal and/or registering on the
Portal.

  1. Capacity to Contract

You hereby warrant to the Company
that you have the required legal capacity to enter into and be bound by a
contract to make any online purchase on the Portal under the laws of Mauritius.
You warrant that you are 18 (eighteen) years or older.

By accepting to use the portal, the
Seller confirms that it holds all necessary rights in respect of all products
that it will list for sale through the portal. These rights include but are not
limited to copyright, trade name, trade mark. The seller also confirms that it
is legally entitled to sell and holds all required licences / authorisations to
sell the products that it has listed for sale. 

  1. Modification of these Terms & Conditions

4.1. These Terms & Conditions
shall commence from the date on which they are published on the Portal and
continue indefinitely. The Company reserves the right, in its sole discretion,
to amend, including without limitation, by the addition of new terms &
conditions, at any time and from time to time and/or terminate these Terms
& Conditions in its entirety and/or cease the operation of the Portal at
any time, with no liability or recourse to you.

4.2. Any such amendments shall come
into effect immediately and automatically. It is your responsibility and you
undertake to read these Terms & Conditions each time before using the
Portal for any such amendments.

4.3. The Company will notify you of
amendments to these Terms & Conditions as and when they arise, by
publishing a notice of such amendments on the Portal, which you will be
required to accept before using the Portal.

4.4. If you choose to visit the
Portal, your visit and any dispute over your privacy is subject to these Terms
& Conditions, including limitations on damages, resolution of disputes, and
application of the law of the Republic of Mauritius.

  1. Other Terms and Conditions

Certain products & services
offered on the Portal may be subject to specific terms and conditions as
indicated on that part of the Portal (see Product conditions & Services
Policy) and your use of those Products & Services will also be subject to
those specific terms and conditions governing those relevant products &
services. To the extent that those specific terms and conditions conflict with
these Terms & Conditions, then those specific terms and conditions shall
take precedence.

  1. Login and Registration

Prior to any online purchase, you
have to register your details online in order to initiate any order whether
prepaid or postpaid transaction. (Please refer to the Registration Policy)

  1. Portal Material – Scope of Permitted Use

7.1. Subject to the provisions of
these Terms & Conditions, you may only download, view and print the Portal
Material online restrictively for your own personal use and only for
non-commercial purposes.

7.2. You may not alter, modify,
decompile, copy, reproduce, distribute, transfer, sell, transmit, display,
broadcast, publish, exploit, license or create derivative works from the
Portal. You must get the Company’s prior written approval if you wish to copy,
reproduce, distribute, transmit, display, broadcast or publish any of the
Portal Material, whether electronically or otherwise.

7.3. You may not use this Portal or
its material for any illegal or unlawful purposes or as prohibited by these
Terms & Conditions.

7.4. You may not link to any page on
this Portal or frame same or any of the pages on this Portal in any way
whatsoever without the prior written permission of the Company. Recognizing the
global nature of the Internet, you agree to comply with all local laws, rules
and regulations regarding online conduct.

7.5. You may not transfer any rights
or obligations in terms of these Terms & Conditions to any other person or
entity.

7.6. You are solely responsible for
obtaining and maintaining all facilities, services, products and equipment
which may be required by you for the exercise of your rights of permitted use
of the Portal.

  1. Your behavior when using the Portal

8.1. You may not use the Portal to
obtain or distribute:

8.1.1. Material which is defamatory,
unlawful or contains hate speech; or

8.1.2. Bulk e-mail, whether
solicited or unsolicited.

8.2. You must not interfere with or
jeopardise the functionality or the operation of any part of the Portal or
attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise
impede in any manner the functionality or operation of any part of this Portal
or its material.

8.3. You are strictly prohibited
from using the Portal for spoofing, hacking, flaming, cracking, phishing or
spamming; and/or any other malicious behaviour.

8.4. You may not intercept any
information transmitted to or from the Company or this Portal which is not
intended by the Company to be received by you.

  1. Disclaimer and Limitation of Liability on this Portal

The use of the Portal and reliance
on any Products & Services is subject to the Liability & Disclaimer
Policy.

  1. Warranties and Indemnities

You hereby indemnify the Company and
its officers, directors, employees, representatives or contractors or other
persons for whom in law the Company may be liable from any loss, damages,
liability, claim or demand due to or arising out of your use of the Portal or
its material or your breach of these Terms & Conditions.

  1. Governing Law

This Portal is hosted, controlled
and operated from the Republic of Mauritius. The parties agree that these Terms
& Conditions shall be governed by and construed and interpreted in
accordance with the laws of the Republic of Mauritius.

  1. Whole Agreement

12.1. These Terms & Conditions,
together with the Policies, constitute the whole agreement between you and the
Company relating to your access to and use of the Portal.

12.2. No indulgence, extension of
time, waiver or relaxation of any of the provisions or terms of these Terms
& Conditions which the Company may show, grant or allow you shall operate
as an estoppel against any party in respect of its rights under these Terms
& Conditions nor shall it constitutes a waiver by the Company of any of the
Company’s rights and the Company shall not thereby be prejudiced or stopped
from exercising any of its rights against you which may have arisen in the past
or which might arise in the future.

  1. Personal Information Protection / Online Privacy Policy

Please refer to the Security &
Privacy Policy on the processing of personal information and personal
information protection.

  1. Disputes

14.1. In the event that any claim,
matter or dispute arises between you and the Company arising out of or in
connection with your use of the Portal, same must be referred to the Customer
Services Department by contacting our Customer support department by email on
[email protected]

Both parties shall first strive to
amicably resolve all matter or disputes arising from the interpretation or
performance of these Terms and Conditions, failure of which, the matter or
dispute will be resolved in accordance with the Mauritian Code of Civil
Procedure.

14.2. Notwithstanding the clause
14.1, the Company reserves the right to deal with any legal claims arising from
the matter in a forum of its choice, which will include but will not be limited
to, the courts of the Republic of Mauritius. This right will continue to apply
after termination, cancellation or amendment of these Terms & Conditions.
You agree that the Company is entitled, but is not obliged, to institute any
proceedings arising out of or in connection with these Terms & Conditions
or your use of the Portal or its material, in any court in the Republic of
Mauritius having jurisdiction over you, even though the cause of action in
question may exceed the jurisdiction of that court.

14.3. Notwithstanding the above provisions,
either party shall be entitled to institute action in any court of law of
competent jurisdiction to obtain urgent interim relief or, in the case of the
Company, including but not limited to, for the collection of any outstanding
debts due and payable by you to the Company.

  1. Address for delivery of notices

The Company chooses the below
address for the delivery of notices for all purposes under these Terms &
Conditions, whether in respect of court process, notices or other documents or
communications of whatsoever nature:

Postal
Address:    

·        
Eniskillen Street Port Louis, Mauritius
 
  1. Removal of Access

The Company may, in its sole
discretion, change, amend, suspend, withdraw or discontinue any aspect,
feature, Products & Services or information contained on the Portal at any
time. The Company may also impose limits on certain features and services or
restrict your access to any or all of Portal or Portal material without notice
or liability.

  1. Intellectual Property Rights

All the content, Trade Marks and
data (including copyrighted content) on the Portal, including but not limited
to, software, databases, text, graphics, icons, hyperlinks, private
information, designs and agreements, are the property of or licensed to the Company
and as such are protected from infringement by local and international
legislation and treaties. Any and all copyright subsisting on the Portal,
including these Terms & Conditions, vested in the Company and all rights
not expressly granted are reserved. The re-publication or distribution of any
content available on the Portal including by framing or similar means is
prohibited.

  1. Electronic Communications

You consent to receive
communications from the Company electronically and agree that all such agreements,
notices, disclosures and other communications are deemed to be duly sent by the
Company for the purposes of these Terms and Conditions.

  1. Marketing

By registering & accepting these
Terms & Conditions, you acknowledge and accept to receive promotional advertisement
from the Company from time to time.

 Registration Policy

1.1. This Registration Policy must
be read together with the Terms and Conditions for the Company’s Online Portal
(www.zafaire.com) and the Policies indicated therein.

1.2. Customers are free to browse
the Portal without registration, but registration is mandatory for the customer
to be able to perform the following:

– Make online Purchases

– Receiving newsletters with
exclusive online offers

– Opening an online account

1.3. Customers will need to provide
the following details to process their registration:

– Name

– Surname

– Mobile Phone Number

– A valid e-mail address. (This
e-mail address will be used for identification purposes and for sending
notifications and electronic receipts)

1.4. Online registration is free of
charge for the Customer.

1.5. The Company shall use all
reasonable endeavours to protect the Customer’s information submitted on the
Portal in line with the Data Protection Act.

1.6. This registration is subject to
the Security & Privacy Policy.

1.7. Customers need to enter their
email (e-mail address provided under Clause 1.3 above) and password (obtained
upon registration) to log-in online.

1.8. Payment can be made using by
JUICE,  or any other means which can later be pmade available by the
Company.

1.9. The Customer agrees that:

– He will keep his username and
password safe, and will not share them with anyone.

– He will not surrender his account
to someone else.

– He takes full responsibility in
case he allows someone else to place an online order using his account
credential.

– He will not pass himself off as
someone else or create multiple, false accounts.

– He will not use the account for
any unlawful purposes

1.10. The Customer acknowledges and
accepts sole responsibility for the correctness and accuracy of all information
provided during the registration process. The Customer shall keep the Company
harmless from any claims and/or losses arising from any incorrect information
provided by the Customer during registration on the Portal.

1.11. The Customer is responsible
for keeping his registration information confidential and for any activity on
his account, notwithstanding that it may have been used by any other person
with or without his knowledge or authority. If he suspects any unauthorized use
of his account, he must immediately inform the Company via email on
[email protected] without any delay. Upon receiving this notification, The
Company may reject any orders not yet executed and deactivate the Customer’s
password and account. The Company will not in any case be held responsible for
any losses suffered by the Customer due to the unauthorized use of his account.
The Customer further agrees to hold the Company harmless from any losses
resulting from his non-compliance to the clause 1.9.

1.12. To deregister from the Portal
account, the Customer must send an email to [email protected] The process will
be undertaken by latest the next business day and a confirmation email will
then be sent to the Customer.

2 Security and Privacy Policy

2.1.  We will only send your
personal  information such as i) name ii) email ID iii) telephone number
to third party companies should you request a call back from a company
promoting their offer(s) on the portal. By filling in the request call back
form and submitting it, you consent and agree that your personal information
will be sent to the company in question so that they can contact you directly,
either by mail or phone in order to respond to your interest in their product
or service.

2.1.1. The Customer is responsible
for maintaining the confidentiality of his account and password obtained upon
registration and for restricting access of third parties to his account. The
Customer agrees to accept full responsibility for all activities that occur
under his account and/or through the use of his password.

2.1.2. During registration on the
Portal, the Customer will be asked to choose a login name and a password to
access his account. His email address will be used as his login name.

2.1.3. If the Customer forgets or
loses his password, the password can be reset online.

2.1.4. The Customer should change
his password on a regular basis.

2.1.5. The Customer should be
cautious with automatic sign in; and must refrain from checking the “remember
me” option on the application form screen if he uses a shared computer.

2.1.6. The Customer should notify
his Bank immediately when his bank card is lost, stolen or expired.

2.1.7. The Company implements
security measures to protect personal information of the Customers during
payment transactions. All information pertaining to any transaction on the
Portal is encrypted using Secure Socket Layer (SSL) protocol before
transmission. This Portal secures the Customer’s private information using a
SSL Certificate.

2.1.8. If the Customer updates any
of his information, the Company may keep a copy of the information that the
Customer originally provided in the Company’s sarchives for reasons as
documented in this Policy. The Customer can view and modify his personal
information by clicking on the Portal option “My Account”.

2.1.9. The Company may also share
the Customer’s data with its banks and other authorized persons for the purpose
of processing the online payment transactions.

Privacy

2.2.1. The Company undertakes to
protect the information provided by the Customer in compliance with the Data
Protection Law of Mauritius.

2.2.2. By visiting the Portal, the
Customer accepts the practices described in this Security & Privacy Policy
and consents to our collection, use, disclosure and retention of his personal
information as described in the Terms and Conditions.

2.2.3. The Company will receive and
store any information the Customer enters on the Portal or provides in any
other way. The Company shall use the information that the Customer provides for
such purposes as responding to his requests, customizing future shopping for
him, improving its stores, and communicating with him.

2.2.4. Cookies

The Company automatically collects
certain personal information when the Customer is using the Portal and mobile
applications, such as the customer’s IP address, browser type, operating
system, mobile carrier, ISP, URLs of sites from which the Customer arrives or
leaves the Portal and/or mobile applications and sites that have embedded the
Company’s platform technology. Through cookies and other technologies the
Company is able to recognize the Customer as an existing or registered user of
the Portal and/or mobile application. A cookie is a tiny data file that
resides on the Customer’s computer, mobile phone, or other device, and allows
the Company to recognize the Customer when he returns to the Portal using the
same computer and web browser.

2.2.5. The Company may use the
Customer’s personal information as follows: – To better understand the
Customer’s needs and to provide a better overall service by contacting the
Customer in relation to the Products and Services provided by the Company. –
To inform the Customer about deals and promotions that the Company may have, by
sending promotional materials or details by e-mail or post. – To contact
the Customer regarding account status, changes to the Terms and Conditions and
other matters relevant to the underlying services. – To fulfill the
Customer’s transaction requests, and to deliver the ordered products to the
Customer. – As requested by law.

2.2.6. The Customer’s personal
information can only be disclosed to third parties where 

2.2.7. Despite our best endeavour,
the Company makes no warranty that:

  1. The Portal will meet the Customer’s requirements or
    will always be accessible;
  2. The Portal will be uninterrupted, timely, secure,
    error-free or free from computer virus or other invasive or damaging code;
  3. The results that may be obtained from the use of the
    Portal will be accurate or reliable;
  4. The quality of any products, services, information, or
    other material purchased or obtained by the Customer through the Portal
    will meet his expectations; and
  5. Any errors in the Portal will be corrected.

Product & Services Policy 

3.1. Online purchase (for purchase
products)

3.1.1. The Customer must be a
registered Customer (kindly refer to the Registration Policy) to be able to
make online purchases and payments.

3.1.2. Payment for Products &
Services shall be made in local currency (Mauritian Rupee).

3.1.3. The Customer can choose from
the following payment methods at the moment of placing an online order:

  1. a) JUICE By MCB
  2. b) or any other means provided by the Company

3.1.4. Value Added Tax (VAT) is
included in the showcase price.

3.2. Notifications on successful /
failed Transactions

3.2.1. A confirmation including a
receipt of the transaction (the “Transaction Receipt”) will be sent to the
Customer‘s e-mail account upon successful online payment for Products &
Services purchased and/or postpaid settlement at the moment of delivery.

– The Transaction Receipt will have
a unique identification number to the transaction.

3.2.2. The Customer can view order
history of his account at all times by logging into ‘My Account’ accessible on
the Portal.

3.3. Prices

3.3.1 Our products are sold at the
price advertised on the website at the time of your order. We reserve the right
to change the prices at any time, prior to the confirmation of your order. All
prices are listed in Mauritian rupees.

Delivery policy

4.1. Once the Customer places an
online order, the Seller will receive the order.

4.2 Should the product be out of
stock, the Seller MUST immediately inform the Company and the latter will
immediately upon receipt of that information, inform the customer by email or
telephone and a full refund will be granted should the Company be in possession
of the payment.

4.3. The Customer understands that
delivery of the ordered items shall occur only at locations within the
Mauritian territory limits excluding Rodrigues and other Outer Islands.

4.4. To ensure safe delivery, the
Customer must properly fill the delivery address, the mobile number and any
specific instructions in the fields provided online. For product(s) ordered
that need to be delivered by external partners or suppliers, The Company shall
request the full payment of the order prior to the delivery being done by the
external partner or supplier. The Customer needs to present his identification
document (National ID or Passport) to the Delivery Staff before accepting the
delivery.

4.5. The Customer must ensure and
check that the product delivered is the right one and that he receives a
Warranty Certificate, where applicable. A sales invoice indicating the amount
paid by the Customer will also be provided to him upon delivery by the Seller.

4.6. The Customer will have to sign
a Delivery Note acknowledging delivery of the products and need to check and
ensure that his products are delivered sealed. For any issue regarding the
delivered product, the Customer will have to inform the Company as soon as is
reasonably practicable. 

4.7. The Company will not install
any product(s) on behalf of the customer.

4.8. Once a product has been delivered
to a customer the Company will not grant any refund. So it is the
responsibility of the customer to ensure that the product is in good condition
and meets his or her expectation at the moment of delivery as no refund or
exchange will be allowed once delivery has been done.

4.9. Once delivery has been made, we
will not be liable for any breakages, nonconformity or shortages of the
products ordered.

  • Returns & Refund Policy

THE PRODUCTS BEING OFFERED DO NOT
BELONG TO THE COMPANY. ANY RETURN/REFUND MUST BE NEGOTIATED WITH THE VENDOR OF
THE RELEVANT PRODUCT.

5.1 Goods once sold are not
exchangeable and non-refundable.

5.2 Returns may be considered upon
delivery or collection and subject to the following conditions:

 – The product delivered /
collected does not meet the customer’s expectations.

 – If the Customer notes that
the product box is not sealed or is damaged at the time of delivery.

 – If an out of box failure is
noted for the particular product upon testing at time of delivery / collection.

 – If there is a mismatch
between the product ordered and the one delivered / collected

5.3 For the conditions mentioned
above:

 – The Customer must not accept
delivery and inform the seller (if item is being collected) or delivery staff.

5.4 After delivery, the Customer
must notify the Seller as soon as reasonably possible once he becomes aware of
any defect in the operation of a product. Any request for return will be at the
seller’s discretion and usually considered solely based on the warranty
conditions attached to the product including the following conditions:

  • Liability & Disclaimer Policy

6.1 The Company does not make any
representation or warranty as to specifics (such  as quality, value etc.)
of the products proposed to be sold or offered to  be sold or purchased on
the portal nor does implicitly or explicitly support or  endorse the sale
or purchase of any products or services on the portal. The Company shall not
accept any liability for any claims for damages arising out of the ordering or
consumption of the products listed on behalf of the seller. 

6.2 The Company is not responsible
for any non-performance or breach of any contract entered into between Sellers
and End Customers on the portal. The Company cannot and does not guarantee that
the parties will perform their obligations as concluded on the portal (However,
the rating system gives an indication of the genuineness of the sellers as well
as the quality of the products offered for sale). The Company is not
responsible for unsatisfactory or non-performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.

6.3 The Company is only providing a
platform for communication and it is agreed that the contract for sale of any
of the products shall be a strictly bipartite contract between the seller and
the End Customer. In case of complaints from the Client / Customer pertaining
to any issues with the delivery of the product or the quality, or any other
such issues, The Company shall notify the same to the seller and shall also
redirect the End Customer to the seller. The seller shall be liable for
addressing such complaints. 

6.4 The Company will not be
responsible nor liable for any losses suffered by the Customer resulting from
the rejection of transactions, the non-processing of bank card payment, delay
in delivery of products or for any other reasons beyond the Company’s 
control including but not limited to insufficient funds in the Customer’s
account, network downtime, expired bank card.

6.5 The Company shall not be liable
for the unavailability of the Portal in the event of a Force Majeure or for
acts of omissions of persons or bodies for whom the Company is not responsible
or any other cause, whether similar or dissimilar, outside the Company’s
control.

6.6 No liability of any nature
whatsoever shall be incurred by the Company  on the happening of a force
majeure or any such events as aforesaid.

6.7 The use of the Portal and
reliance on any products or services available online is entirely at the
Customer’s own risk. The Portal, including all its functionalities, is provided
“as is” and the Company will not be liable for any unavailability,
interruption, downtime, malfunction, or failure of the Portal for any reason
whatsoever.

6.8 The Company does not represent
or endorse the accuracy or reliability of any advice, opinion, statement, or
other information displayed on, linked to or distributed through the Portal.
The Customer acknowledges that any reliance upon any such opinion, advice,
statement or information shall be at his sole risk. The Company reserves the
right, in its sole discretion, to correct any errors or omissions in any
portion of the Portal and the Products & Services listed herein.

6.9 Whilst the Company takes
reasonable precautions in its operation of the Portal, neither the Company nor
its representatives will assume any responsibility and neither the Company nor
its representatives shall be liable for any damages to or for viruses that may
infect the Customer’s computer equipment or other property on account of his
access to, use of or browsing of the Portal or his downloading of any
materials, data, text images, video or audio from this Portal. Any material
downloaded or otherwise obtained through the use of the Portal is done at the
Customer’s own discretion and risk and he will be solely responsible for any
damage to his computer system or loss of data that results from the download of
any such material and the Company be held harmless from such claims at all
times.

7.0 The Customer agrees that under
no circumstances whatsoever, the Company, its employees, representatives or
contractors may be held liable for any indirect, extrinsic, special, penal,
punitive, exemplary or consequential loss, damage or damages of any kind whatsoever
or howsoever caused (whether arising under contract, delict, negligence, or
otherwise and whether the loss was actually foreseen or reasonably
foreseeable), including but not limited to any loss of profits, loss of
revenue, loss of operation time, corruption or loss of information or data
and/or loss of contracts sustained by the Customer, his directors, employees,
dealers or customers, resulting from his use of or inability to use the Portal
or its material.

7.1 The Company will at its best
efforts screen or edit all the content available from the Portal to ensure that
there is no illegal, defamatory or obscene content. You are encouraged to
inform the Company of any content on the Portal that may be offensive or
illegal and hold the Company harmless from any claims arising thereof.

REVIEWS POLICY 

We are committed to being the most
trusted online destination for consumers to connect with businesses. Central to
this trust is the platform’s reviews system, and we are dedicated to ensuring
that consumers can trust existing, and post new, reviews.

This is all achieved through simple
processes and clear policies as outlined below. We ask both reviewers and
business owners to share our values and abide by these principles and
guidelines and the Review Policy

Reviews content guidelines

All subscribers to the service
acknowledge and accept that the review system is an integral part of the
service provided and consent to the use of the review system. Subscribers
consequently consent to the fact that their profile will be reviewed by other
users. All subscribers also agree with all the terms and conditions contained
in the Reviews Policy. 

All subscribers expressly
acknowledge and accept that We Pavilion Marketing Ltd hold no responsibility,
implied or express, with respect to the content of any review posted by other
users of the service. We shall therefore not accept any liability with regards
to the rating / review of a subscriber by other users.

Posting a review

Our review service offers registered
consumers the opportunity to rate and review their genuine, first hand,
experiences with the businesses they use. Specifically:

  • A consumer can only review a business with whom they
    have had a direct, first hand, experience. Not based on what they heard
    from friends or relatives.
  • For clarity, our definition of an experience is where a
    business has been actively engaged as part of a buying process or delivery
    of the service. A consumer can only review a business to the extent of
    their direct experience, e.g. a consumer who obtained a quote from a
    business but did not accept the service can review their experience with
    obtaining the quote but cannot review the delivery or ongoing support for
    the service.
  • In addition, you may not write a review about a
    business:

    1. That you or any family member have any financial
      interest in;
    2. That you are employed by or otherwise work for;
    3. That is a competitor to a business that you or any
      family member have any financial interest in, are employed by or
      otherwise work for;
    4. In exchange for payment; or
    5. Where your interaction occurred more than 12 months
      previous to submitting the review
  • Consumers are able to post a review across a range of
    different devices/channels – desktop, mobile and app.
  • As a minimum, consumers need to provide a rating (1-5
    stars) of a business
  • Our advice for consumers is that if they have had a bad
    experience with a business they try to explain to them why in their
    review. Genuine negative feedback is fine, but constructive criticism is
    much more useful to the business and potential customers than an angry
    rant.
  • The personal details of users will never be shared with
    the subject of their review, or 3rd parties, without obtaining permission,
    unless we are required to share them related to a court or government
    order.
  • We encourage free speech and defend everyone’s right to
    express unpopular points of view. But, we do not permit abusive or
    offensive behaviour, towards businesses or other users. This includes (but
    is not limited to) the use of profanities; threats; prejudiced comments;
    hate speech; and/ or, sexually explicit language. All user generated
    content material posted on our platforms must comply with this policy as
    well as our general terms of use.
  • We respect our users’ privacy and do our utmost to
    protect it. We expect users to join us in protecting people’s privacy and
    for reviews to be unbiased and objective. Mentioning the celebrity owner
    of a bar/restaurant is fine, but detailing personal information such as
    full names, email addresses, mailing addresses; phone numbers; as well as
    bank and card details for, individual members of staff, or any other
    individual, is strictly prohibited. If a review does contain this type of
    information it may be removed.
  • Anything posted should be a reviewer’s own, unique
    work. This includes not uploading images/ videos, or using content in
    videos to which someone else owns the copyright, such as music tracks,
    snippets of copyrighted programmes or videos made by other users and
    unattributed quotes. Content may be removed, without notice, if we receive
    a complaint from the copyright owner.
  • All reviewers should be aware that the content they
    submit becomes visible to anyone who visits the platforms, so they need to
    check what they’re posting meets our general terms and conditions of use.

Responding to a review

  • Businesses may proactively be informed whenever any new
    review is posted against their business, subject to having review
    notification functionality switched on.
  • Anyone, who has registered for an account with us, can
    respond to a posted review on their business.
  • Businesses can do this via the ‘Received reviews’ page
    within their account.
  • When the business owner responds to a review they will
    be highlighted as the business owner to consumers via the ‘Business
    Response’ flag.
  • Any comments should be constructive and written in a
    non-biased way. They also need to adhere to policies associated with
    ‘Posting a Review’, other than the need to provide a star rating.
  • All comments will be published in real-time and will be
    visible to all.

Reporting a review

  • We do not edit, pre-vet or review any third party
    material before it is published on the platforms. We actively encourage
    any party to report any review, which they believe to contravene our
    policies by using the ‘report review’ link on the specific review.
  • In the event of a review being reported, we will assess
    the review against our policy.  If the review is not in breach
    of the policy but is believed by the reporter to be posted by an
    individual who is not recognised as someone who has had an experience with
    the business, we may contact the reviewer for the provision of further
    information to support a decision being made around the veracity of the
    review. In the absence of a response, the review will be withdrawn as
    unsubstantiated.
  • Where a review is reported as defamatory the person
    reporting the review will be advised of the outcome by email being sent to
    the reviewer.
  • If the veracity of a reported review is substantiated
    it will remain in place, irrespective of our relationship with the reviewed
    business. Substantiation will be based on us being ‘satisfied’ that the
    review meets our policies. The only exception to this is if the reviewed
    business decides to suppress the review functionality from their listing
    altogether. In this case, all review data both positive and negative is
    removed and the business can no longer receive any reviews.

Requesting a review

  • We actively encourage all businesses to proactively
    manage their online reputation. This includes the ability to request
    reviews from their own customers (not friends or family). This can be done
    online via the ‘Request a Review’ functionality available to all
    businesses.
  • The goal is to create real values to our clients
    services. SMART is “for the People by the People”.

How reviews are accessed and
reflected in a business’s listing

  • We will ascribe an overall reviews star rating for a
    business, using an algorithm that looks at volumes of reviews by star
    rating.
  • Star ratings will feature against a business’s listing,
    and within their business profile
  • Specific reviews will be accessible via a business’s
    profile page.
  • In some cases our reviews are also published in 3rd
    party search results e.g. Google.

We reserve the right to remove a
review at any time for any reason. The reviews posted on the platforms are
individual and highly subjective opinions. The opinions expressed in reviews
are user opinions and not that of Pavilion Marketing Ltd.

We do not endorse any of the
opinions expressed by reviewers and we are not affiliated with any
establishment listed or reviewed on this website.

  1. Notice and Take-Down System – We do not monitor, censor
    or moderate reviews. We provide a passive conduit only for users to post
    reviews about businesses featured on our website.
  2. Reviewers may not write a review that:
    1. They have been paid to write by the business or a
      competitor of the business;
    2. Does not describe their personal and direct
      interaction with the business;
    3. Is not factually correct;
    4. Violates laws regarding defamation, harassment,
      discrimination, racial vilification, sedition, blasphemy, bullying or
      contempt;
    5. Is abusive, offensive, indecent, pornographic or
      obscene;
    6. Advocates illegal activity or discusses illegal
      activities with the intent to commit them;
    7. Is intentionally or unintentionally false, misleading,
      deceptive, inaccurate, incorrect or unreliable;
    8. Infringes intellectual property rights including
      copyright of any third party;
    9. Is inappropriate, off topic, repetitive or vexatious;
      or
    10. Compromises the privacy or data protection rights of
      any person.
  1. For Business Owners – Business owners may not do any of
    the following which could damage your online reputation or be interpreted
    as misleading consumers:

    1. Pay for reviews of your own or a competitor’s
      business;
    2. Review your own or a competitor’s business; or
    3. Try to have negative reviews removed leaving only the
      positive reviews (astroturfing).

Payment to Vendors
The system closes accounts of each vendor automatically on the 1st of each
month. Each Vendor takes the responsibility to check status on the dashboard.
The Vendor shall be paid for all order which status has been completed. As a
matter of practice, each Vendor shall be paid all amount due by latest on the
15th of the next month.

Note that all our policies shall be
amended depending on prevailing needs and circumstances and ALL users agree
that ALL our policies will be valid as from the moment they are posted.

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