Terms and Conditions

These are the terms and conditions set forth for use of the wire Business Directory by Qurious Consulting (Private) Limited.


1. Legal & Contractual Relationship

1.1. As a user of Wire Business Directory and its online platform or platforms, these terms and conditions are meant to govern the legal relationship between you and Qurious Consulting (Private) Limited included but not limited to its assignees, subsidiaries or sub-entities which may be envisaged in this agreement. By using the platform you agree to be legally bound by these terms and conditions. By acceptance, you agree that you are bound by the website use policy, privacy policy, cookie use policy and terms and conditions of use. Your acceptance is done in your personal capacity or on behalf of the individual or entity that has authorized you to accept these terms and conditions.


2. Services on the Wire Business Directory Platform

2.1. Wire Business Directory is a digital bot or robot-process-automation based platform and database that gives the user access to a prolix of third-party merchants, service providers and vendors on the social networking platform generally known as WhatsApp. Using Wire Business Directory, you agree that it grants you access to third party goods and services providers. Further you agree that if you enlist the services of a Third-Party Service Provider or Buy a product from a merchant whom you procure through use of Wire Business Directory, you have consented to enter into a binding agreement with the Third Party service provider and that Wire Business Directory shall not be party to the agreement between you and the Third-Party service provider.

2.2. You agree that you shall not in any way misuse the content on the Wire Business Directory Platform or use it for any purpose other than the intended purpose as specified in clause 2.1. of these terms and conditions, more importantly that as a user of Wire Business Directory and its services, you shall not in any way use the content on the online platform to compete in any way with the business, either directly or indirectly of the Wire Business Directory platform.


3. Ownership

3.1. The Services and all rights therein are and shall remain the property of Qurious Consulting (Private) Limited. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license of use granted by virtue of this agreement or (ii) to use or reference in any manner Qurious Consulting’s company names, logos, product and service names, trademarks or services marks or those of Qurious Consulting’s licensors.


4. Arbitration

4.1. You agree that any dispute you may have with Qurious Consulting (Private) Limited shall be resolved on an individual basis by way of arbitration. You agree that arbitration shall be the sole, exclusive and final dispute resolution method and you elect the Commercial seat of arbitration in Harare as the seat of arbitration.

4.2. The arbitration will be administered by Zimbabwean law in accordance with Zimbabwe’s arbitration rules and the supplementary procedures for consumer-related disputes. The parties agree that the arbitrator (“Arbitrator”), and not any Supreme, High, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defence to arbitration, including waiver, delay, laches, or estoppel.

4.3. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Zimbabwe Arbitration Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in Zimbabwe and will be selected by the parties from registered Zimbabwean arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then one will be appointed by the Chairperson of the Commercial Arbitration Centre in Harare.

4.4. The decision of the Arbitrator shall be final and binding on the parties.

Judgment on the arbitration award may be entered in any court having

competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.


5. Severability and Survival

5.1. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.


6. Wire Business Directory Services

6.1. Wire Business Directory is an automated software application that retrieves third-party merchant and service providers’ information from a database for users on the social media networking platform known generally as WhatsApp. Wire Business Directory enables users to access a wide range of goods and services listed by independent third-party merchants and vendors. The service also enables third party vendors and merchants to list their products and services in the database. Unless otherwise agreed by Qurious Consulting (Private) Limited in a separate written agreement with you, the Services obtained in terms of this agreement are for your personal and non-commercial use. This agreement in no way establishes Qurious Consulting (Private) Limited as a merchant of goods and services accessed through the Wire Business Directory. You agree and understand that Wire Business Directory simply connects you to merchants of goods and service providers. You therefore hereby indemnify, defend and hold harmless, Qurious Consulting (Private) Limited, Wire Business Directory and their assigns, subsidiaries and sub-entities from any loss or damage accruing to you as a result of any dealings between you and merchants, vendors and or service providers whom you discover as a result of your use of Wire Business Directory.


7. Authority to contact users

7.1. You hereby give Wire Business Directory the express permission and consent to contacting you by way of telephone, text message, electronic mail, post, newsletter or through any other medium for the purpose of introducing you to promotional material.

7.2. Where a user no longer desires to be contacted by Wire Business Directory, such user must communicate this in writing, giving a fourteen-day notice period to Qurious Consulting (Private) Limited to remove any such user from mailing lists.


8. Restrictions of use

8.1. This agreement does not entitle or allow you to:

Access images, videos or any promotional material that is subject to copyright for commercial use or for use other than envisaged by this agreement.
Post any disparaging, racist, discriminatory, vulgar, obscene, nude, prejudicial or damaging material on any of Wire Business Directory’s platforms.
remove any copyright, trademark or other proprietary notices from any portion of the Services and more importantly remove any material protected by copyright without the prior express consent of Qurious Consulting (Private) Limited.
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Qurious Consulting (Private)
Limited;

decompile, reverse engineer, attempt to engineer or disassemble the
Platform except as may be permitted by applicable law;

Pass off any portion of the services as your own work or link to, mirror or frame any portion of the Services;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Hack into or attempt to hack into the private databases of Wire Business Directory and its sub-entities or cause any denial of service or distributed denial of service to affect in any manner, the operation of Wire Business Directory’s online platforms.
Use the Site for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions.
Use the platform to commit any act of fraud; or to distribute viruses or malware or other similar harmful software code;
Use the platform for purposes of promoting unsolicited advertising or sending spam;
Use the platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
Use the platform in any manner that disrupts the operation of Qurious Consulting (Private) Limited’s business
Use the platform in any manner that harms minors; not to promote any unlawful activity;
Represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
Act contrary to the provisions relating to our Intellectual Property Rights and Software contained in our General terms and conditions of use.

9. Conduct of users

9.1. Users of Wire Business Directory’s services are above the age of eighteen years and are of majority status. This agreement bars such users from assigning or transferring their rights and, or obligations herein to any person.

9.2. Further and without limitation to the above, users of Wire Business Directory’s services shall abide by all applicable laws when accessing or using the Services, and may only access or use the Services for lawful purposes.


10. Identification

10.1. You hereby agree and acknowledge that Third-Party service providers may ask you to identify yourself as a prerequisite to enjoying services obtained through and on the Wire Business Directory’s platforms. In such event, you agree to identify yourself using your National Identification document or Valid International Travel Passport as the case may be.

13.2. Any refusal by you to identify yourself may result in your failure to enjoy services from Third Party Merchants or Service Providers.


11. User-generated content

11.1. You hereby grant and confer Wire Business Directory with a worldwide, perpetual, irrevocable, transferable, royalty-free license to any content generated on Wire Business Directory’s platform by you with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You also hereby grant your express permission to Qurious Consulting (Private) Limited to make use of any data collected by it regarding your use of the Wire Business Directory service including express permission to share that data with Third-party merchants and service providers.

11.2. Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied at our absolute discretion.

11.3. You warrant that any Submission or communication conducted on the Wire Business Directory platform is:

your own original work and lawfully submitted;
factually accurate or your own genuinely held belief;
provided with the necessary consent of any third party;
not defamatory or likely to give rise to an allegation of defamation;
not offensive, obscene, sexually explicit, discriminatory or deceptive; and unlikely to cause offence, embarrassment or annoyance to others

12. Breach

12.1. Any breach of the terms and conditions set forth herein will result in termination, removal, or suspension of your account, deletion or edition of content or any other necessary action subject to Qurious Consulting (Private) Limited’s sole discretion and without any prior warning or notice to you.


13. Payment

13.1. You understand that use of the Services may result in charges to you for the services or goods you receive. Wire Business Directory will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable tax.

13.2. Any offer of the Wire Business Directory service free of charge shall in no way create a legitimate expectation of free service in future.

13.3. Charges levelled in furtherance of this agreement are subject to review and once any fees or charges are paid for services in this agreement these shall be non-refundable except with the consent and approval of Qurious Consulting (Private) Limited.


14. Disclaimer and Limitation of liability

14.1. The services are provided “as is” and “as available.” Qurious Consulting (Private) Limited disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

14.2. In addition, Wire Business Directory makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.

14.3. Wire Business Directory does not guarantee the quality, suitability, safety or ability of third-party merchants and or service providers, neither does it guarantee the safety of any individual meeting with, transacting with and otherwise dealing with any Third Party merchant and or service provider. This agreement does not subtract from a user’s right to conduct independent due-diligence. Therefore, you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

14.4. Wire Business Directory shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or

otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of Wire Business Directory, even if Wire Business Directory has been advised of the possibility of such damages. Wire Business Directory shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third-party service provider, even if Wire Business Directory has been advised of the possibility of such damages.

14.5. Wire Business Directory shall not be liable for delay or failure in performance resulting from causes beyond Wire Business Directory’s reasonable control.

14.6. For the avoidance of doubt, Wire Business Directory’s limitation of liability herein is to the extent permissible under applicable laws.


15. Indemnity

15.1. You agree to indemnify and hold Qurious Consulting (Private) Limited and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with:

Your use of the services or services or goods obtained through your use of the services;
Your breach or violation of any of these terms;
Wire Business Directory’s use of your user content; or
Your violation of the rights of any third party, including third-party providers.

16. Governing Law

16.1. These terms and conditions are governed and construed in terms of the laws of Zimbabwe.


17. Exclusive Agreement & No Joint Venture Clause

17.1. By your agreement to these terms and conditions, you acknowledge that this is the sole agreement between you and Wire Business Directory and that no other agreement exists. You also acknowledge that you are not authorized to assign, transfer, delegate or waive any of your obligations in terms of this agreement to anyone.