TERMS AND CONDITIONS OF USE

This statement was last updated on 3rd April 2018.

These Terms and Conditions (“Terms”) apply to www.ziyasiza.com.  Some Websites and certain content may be subject to different or additional terms. Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the ZC site, including but not limited to various limitations, exclusions, and indemnities.

By accessing or using the ZC site, and the content and services available via the website, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the website.  If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using the website. 

Definitions

For clarity and comprehension, we have defined certain words used in the Terms and on the website.

  • Content” means all materials and content, including designs, editorial, text, graphics, audio-visual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
  • Member Firm” means a local partnership, firm or other entity that is a member of Ziyasiza, each of which is a separate legal entity, as well as any affiliate or subsidiary of any Member Firm.
  • Partner” and “Principal” mean an individual who is a partner, principal, member, shareholder or equivalent of a Member Firm, in accordance with terminology commonly used in professional services organisations.
  • Likewise “office” refers to any office of one or more Member Firms in the relevant jurisdiction.
  • “ZC”, “we” or “us” refer to the Ziyasiza network and/or its individual Member Firms. “ZC”, “we” or “us”, as used in individual articles and thought leadership pieces available on the website may, depending on context, refer to the ZC network as a collective or to individual Member Firms.
  • ZC Parties” refers collectively and inclusively to the individual Member Firms of the ZC network, including their respective officers, directors, partners, principals or equivalent; personnel; affiliates; business associates; licensors; and contractors and subcontractors.
  • Registered User” means a User who has registered and created an Account with ZC to access enhanced features of the website.
  • User” means all users of a website.
  • you” means you as an individual user of a website.

About the Website

The website provide information about ZC, including thought leadership and the services and products we provide.  References to “the website”, and “www.ziyasiza.com” include all software, content and features provided within the relevant website.

The website offer a range of interactive features, such as access to premium and personalised content, user profiles, reading lists, commenting and other publicly accessible collaborative features. We may add other features from time to time.  Certain features are available only to Registered Users. For more information about registration, please see the Registration section of these Terms.

Informational purposes only

The websites and content available within them is for informational purposes only. Neither the website nor the content available within it constitutes professional advice, and neither should be relied upon by you or any third party, including for example to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise to procure services or other benefits from any entity.  Before making any decision or taking any action, you should consult with a Ziyasiza professional.

Changes to and availability of the website

The website is made available on an “as is” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that they are complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use. Access to all or parts of any of the website may be suspended at any time without notice.

Submissions, including Comments and Feedback 

The website may contain functionality that permits you to comment on articles; share materials; provide ideas, proposals, suggestions (“Feedback”); or otherwise make available certain materials through or in connection with your use of the Websites (collectively, “Submissions”).

If you choose to make publicly available any of your personally identifiable or other information through the website (for example through posting a comment or other form of submission), you do so at your own risk. You will also comply with all relevant requirements set out in these Terms when making a submission.

You acknowledge and agree that your submissions are not confidential; that your provision of submissions is gratuitous, unsolicited and without restriction; and that the provision of any submission does not place ZC under any fiduciary or other obligation.

We may (but have no obligation to) monitor, evaluate, alter or remove submissions before or after they appear on the site; however, we have no control over and are not responsible for any use or misuse (including any distribution) by any third party of submissions.

Monitoring 

We may monitor use of the website from time to time but have no obligation to do so.  If and when we do monitor your use of the website, we will do so in accordance with applicable law.

Your responsibilities 

Acceptable conduct

You will use the website only for lawful purposes.  If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us via this contact form and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited conduct

In using the website, you must not do any of the following:

  • Post, transmit or otherwise make available through the website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program (each, a “Virus”).
  • Post, transmit, or otherwise make available through the website any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Use the website for any commercial purpose or otherwise use the website for processing data or other information on behalf of any third party.
  • Use the website for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Interfere with or disrupt the operation of the website or the servers or networks used to make the website available, including by hacking or defacing any portion of any of the website; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the website.
  • Create or share content without first obtaining any necessary permissions from third parties or otherwise use the website to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the website except as expressly authorised herein, without ZC’s express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of any of the website, except where such restriction is expressly prohibited by applicable law.
  • Remove or alter any copyright, trademark or other proprietary rights notice on the website or content you access via the website.
  • Frame or mirror any portion of the website, or otherwise incorporate any portion of the website into any product or service, without ZC’s express prior written consent.
  • Systematically download and store website’s content.
  • Use any robot, spider, website search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the website, (b) reproduce or circumvent the navigational structure or presentation of the website, or (c) Harvest or collect information about users of the website without ZC’s express prior written consent.

If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the website or take any other steps we consider appropriate.

Requirements to use the website 

If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old.

If you are using the website on behalf of a corporation or other organisation, you represent and warrant that you have the ability to agree to these Terms on behalf of such organisation and all references to “you” throughout these Terms will include such organisation, jointly and severally with you personally.

Registration

Features 

Certain features of the websites are available only to registered users. Current examples include access to premium content, reading lists, and any on-site commenting or collaboration activities. Additional features may be made available to registered users over time.

How to register

To register, you will need to provide certain information about yourself and create a username and password. This combination of information (“account”) will be your account as a registered user.

Registrations may be accepted, rejected or cancelled by us at any time and for any reason.  If your registration is cancelled, you will continue to have access to the website; however, you will no longer have access to features available only to registered users.

Responsibilities of Registered Users

If you choose to register with us and become a registered user, you agree you are solely responsible for your account and any and all activities that occur under your account, including all activities of any persons who gain access to your account with or without your permission. In becoming a registered user, you also agree to:

  • provide true, current, accurate and complete information about yourself as requested by us from time to time and notify us promptly of any changes to your information so that your account information is current, complete and accurate;
  • maintain the confidentiality and security of your account, including your username and password;
  • notify us immediately of any unauthorised use of your account, account password, or service provided through your account, as well as any breach of security with respect to your account, account password, or service provided through it; and
  • assist us, if and as we request, to stop or remedy any breach of security related to your account.

Privacy of registered users

Our privacy statement explains how we protect and use your information; the registered user section of the privacy statement explains additional information we collect and additional uses of information about registered users.

Termination 

We may, in our sole discretion, suspend, restrict or terminate your use of the ZC site (including your account, if you are a registered user), effective at any time, without notice to you, for any reason, including because the operation or efficiency of the ZC site or our or any third party’s equipment or network is impaired by your use of the ZC site; we have received a third party complaint which relates to your use or misuse of the ZA site; or you have been or are in breach of any term or condition of these Terms. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the ZC site.

Intellectual property

Our Content

Except where expressly stated otherwise, all right, title, and interest in and to the ZC site and all content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the ZC site (collectively, “Our Content”) are (a) fully vested in us, our licensors, or our suppliers and (b) protected by applicable copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.

You agree that access and use of Our Content is subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the ZC site or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the ZC site as set out in these Terms.

Unless otherwise expressly authorised by us in writing, you agree not to:

  • copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
  • remove any proprietary notices or labels on or in Our Content; or
  • allow any other person or entity to engage in any of the foregoing.

Your Content

You represent and warrant that you have all rights necessary to grant the licenses referred to in these Terms. You further represent and warrant that your Submissions are (a) complete and accurate and (b) are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Ownership

We do not claim ownership of your Submissions; however, you agree that by posting, uploading, inputting, providing, submitting, entering, or otherwise transmitting your Submissions to us or any third party using the ZC site:

  1. You have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyse, exploit and practice any comment or submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials);
  2. You confirm, represent and warrant to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to your Submissions set out above;
  3. You acknowledge and agree that the technical processing and transmission of the ZC site, including your Submissions, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that your Submissions may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.

Deactivation 

If you deactivate the Account to which your Submissions are connected, you acknowledge and agree that we may retain a copy or copies of same for archival or compliance purposes or to otherwise provide the ZC site to you or others, subject always to your license to us, set out above, and to our Privacy policy.

Compliance and Complaints

We do not have any obligation to censor or review any of your Submissions, to censor or review any Third-Party Content, or to monitor use of the ZC site. However, you agree that we may, without notice or liability, disclose to third parties any of your information or your Submissions; monitor use of the ZC site; and monitor, review, and retain your Submissions if we believe in good faith that such activity is reasonably necessary to provide the ZC site to customers, monitor adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.

If we receive a complaint relating to your use of the ZC site, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, and/or remove your Submissions from our servers.

Third-Party Content

The ZC site may contain links to websites and other materials made available by third parties (collectively, “Third Party Content”). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.

Third Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the ZC site or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the ZC site as set out in these Terms.

We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. The availability of any Third Party Content through the ZC site does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).

Trade and Service Marks 

You may not use the “Ziyasiza” or “Ziyasiza Consulting” trade names, trademarks, service marks, logos or designs, or any other mark held by Ziyasiza in connection with any product or service that is not of any Ziyasiza Member Firm nor in any manner that is likely to cause confusion. Nothing contained on the ZC site should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner.

Limitation of Liability 

The ZC site are made available for informational purposes only and, to the maximum extent permitted by applicable law, Ziyasiza exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the ZC site and any materials you obtain via the ZC site.

You acknowledge and accept that use of the ZC site is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, Ziyasiza is not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the ZC site arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold the Ziyasiza and their insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by us relating to or arising from any content or information posted or transmitted by you using the ZC site or otherwise arising out of your use of the ZC site or use of the ZC site by any third party who is given or gains access to the AC site due to your action or inaction. Your indemnification obligation to the Ziyasiza includes but is not limited to any instance where one or more of your submissions (a) infringes any Third Party Content or other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

Force Majeure 

Neither party will be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

Entire Agreement 

These Terms, as amended from time to time, including any and all documents, ZC site, rules, Terms and policies referenced herein, including but not limited to the Privacy statement, constitutes the entire agreement between us and you with respect to your use of the ZC site.

English Language 

The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English.

Updates

The Privacy statement and Terms are current as of the date on the top of this page. We may update the Terms and Privacy statement at any time by publishing an updated versions here. If you continue to use the ZC sites after any such changes, that will indicate you accept those changes.

For more information or to request a proposal