1. Colcom Foods is an operating division of Innscor Africa Limited.
2. These Website Terms and Conditions include any Colcom Foods Policies which may be published from time to time (the ‘T&C’s’) and apply to the ordering, sale and delivery of goods and services, access to information and use of this Website by Customers.
3. By using this Website you are bound by and agree to the T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.
5. These T&C’s are important and should be carefully noted as they contain provisions which, within the limits of legislation, may limit Colcom Foods’ risk or liability and/or create risk or liability for you as a consumer, further, it may compel you to indemnify Colcom and serves as an acknowledgement by you of the foregoing.
6. Should you not understand the contents of these T&Cs, you are advised to seek advice to ensure a proper understanding of them.
7. “Customer Care” means our customer call center, mobile number 0772410782 (Zimbabwe), alternatively submit your query by completing the query form in our “contact us” section on our website.
8. “Customer” means any natural or juristic person who enters or intends entering into an electronic transaction with Colcom Foods as the user of the goods or services offered by Colcom Foods;
9. “Items” means the Product/s selected by the Customer for purchase when placing an Order on our Website.
10. “We”, “Us” and “Our” shall refer to Colcom Foods.
11. “You”, or “Your” or “Yourself” shall refer to you, the customer.
12. “Order” means all Products or any Product purchased by you from our Website at any one time.
13. “Policies” means the various Colcom Foods policies contained in or referred to herein and on our Website, which may be updated and/or published from time to time;
14. “Products” or “Goods” means all items displayed for sale on our website
15. “Website” means our website which hosts our online store, which can be accessed at (www.colcom.co.zw )
16. “Working Days” means between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of Zimbabwe.
USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS
You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of Zimbabwe, you do so at your own peril and you are responsible for compliance with applicable local laws.
17. You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
A. Any content that may contravene the Constitution of Zimbabwe, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
B. Any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
C. Any content that constitutes an invasion of privacy; or
D. Any content that is an infringement of any intellectual property right; or
E. Any content that contains software viruses; or
F. Any content that constitutes a political statement, commercial solicitation, or “Spam”.
18.Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in our sole and absolute discretion, to be an infringement or harmful in any way whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
19. The following activities on or through the Website and Social Media Platforms are expressly prohibited:
any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of Colcom Foods and
the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
any use or action that imposes an unreasonable or disproportionately large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms;
any attempt to gain unauthorized access to the Website or its related systems or networks;
accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
the reverse engineering or decompiling of the Website to (without limitation)(i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
20. When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or which involves the Website under your User Name. You may not:
allow other people to use your User Name and Password; or
impersonate another User or any third party; or
provide false information to gain access to the Website.
21. You warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
22. Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly Product pricing and promotional content.
23. Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website. Errors and omissions may occur.
PURCHASES AND STOCK AVAILABILITY
24. You will be required to provide certain information in order to purchase Products that are displayed on our Website, which may include personal information.
25. Use of our Website confirms your understanding and acceptance of these T&C’s, and you will be bound by these T&C’s during all transactions relating to the purchase of Products from our website.
26. Prices displayed on our website are subject to change without notice. Prices will include tax, where this is required by specific legislation.
27. Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized by Colcom Foods.
28. We will notify you as soon as we can if any items ordered are not available (this may take a few days, depending on the collection and payment method).
29. Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
30. Colcom Foods’ uses an outsourced financial transactions service provider to take all payments for Products, namely, Direct Payment Online (“DPO”).
31. Accordingly all financial transactions entered into using this Website are entered into in accordance with DPO’s terms and conditions which are attached at Annexure A to these T&C’s and which you should fully familiarize yourself with as they are binding on you as regards payments for Products.
32. You agree that Colcom Foods’ shall not be held liable for any actions or omissions of DPO nor in respect of any issues which arise in the process of making payments for the Products.
33. You may pay for your online orders using several payment options, dependent on the country you select on our Website, including where available by way of credit or debit card.
34. We are advised that DPO subscribes to high security and encryption standards allowing all Customers to shop with peace of mind. We understand that reasonable security measures have been taken to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
35. When placing your order, and proving the required personal details, you warrant that you are authorized to make payment with the payment card and that there are enough funds available to pay for your order.
36. We regret that we do not accept cheques.
37. Once your payment has been received you will be issued with an acknowledgement of payment and the collection process will then commence.
COLLECTION AND RETURNS
38. Please note that all online orders placed and paid for on the Colcom Foods’ Website are to be collected at either of the below addresses as communicated to you by Colcom Foods :
Colcom Shop (Harare)
1-3 Coventry Road
Colcom Shop (Mutare)
18 Simon Mazorodze Road
39. We will notify you via email as to the process of your Order once we have received it and your payment.
40. Upon collection of your Order a collection note will be issued for signature, reflecting the name of the customer, items that are being collected, Value-Added Tax and the amount paid.
41. You should always check that the Items being collected are correct and are free from any defects. Should the packaging be damaged and you accept the Order without fully inspecting the Products you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the Items detected after acceptance of the Order, you should notify our Call Centre number or email address without delay in order for us to be aware of any issues with the Items and in order for arrangements to be made for the items to be returned and/or exchanged, which return or exchange will be entirely at our discretion.
42. Although reasonable care shall be taken, we cannot accept responsibility for incorrect collection details that have been provided to us. We will verify the identity of the person at collection and ask that any identification document is brought to us for the verification process
43. In the event that you do not collect an Order at your chosen Colcom Foods collection point, within. 7 (seven) Working days, your Order will be cancelled at full cost to you i.e. you will not be reimbursed for your Order and nor will it be available for collection past that date.
COMPLAINTS AND DISPUTES
44. If you have a complaint about the Products or service provided by us or require information regarding our internal complaints-handling process, please use the “Contact Us” service on the Website or you can contact our customer Call Centre on 0772410782 (Zimbabwe), or contact us via email at email@example.com
45. You may return for exchange any unused Products purchased on our Website and which you are not reasonably satisfied with, provided that they are still in merchantable quality and provided that you do so within 7 (seven) working days of collection of the Products, directly to the stores which you collected your Order from, and subject to producing proof of purchase (invoice or collection note).
46. Returns will be subject to Colcom Foods’, at its absolute discretion, being satisfied that there is a quality issue or that the Product is defective and provided that there is stock available to replace the Product.
47. For health and safety reasons we do not accept returns on items which have been proven to be defective or which are not of merchantable quality due to a break in the cold chain of the Customer and/or where the Customer has not stored the Product properly.
CANCELLATIONS AND REFUNDS
48. Refunds for Products will be given at Colcom Foods’ absolute discretion. 49. Direct Payment Online (DPO) refunds (In this regard please refer to DPO’s terms and conditions)
RISK AND OWNERSHIP
50. Once the Order has been collected by you, the risk in the Product(s) will pass to you as the Customer.
CHANGES, SUSPENSION, AND TERMINATION
51. We may alter and/or amend the Website at any time without giving notice to you,52. We may suspend or terminate the Website at any time without giving notice to you.
53. We may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these T&Cs.
54. Such termination shall not affect any right or remedy to relief to which Colcom Foods may be entitled.
55. Upon termination of the Website or your account, all rights granted to you will terminate and revert to Colcom Foods.
56. Colcom Foods may at any time modify these T&Cs without notice to you. If you are not satisfied with the amended T&Cs, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
57. We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.
58. We accordingly advise you to read and take note of these T&Cs each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the T&Cs available on the Website whenever you visit the Website.
59. The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased and/or on their packaging.
56. We shall not be liable for any actions or claims of whatever nature arising from or in connection with use, storage or transportation of the Products in breach of these T&Cs, common sense when it comes to the handling and usage of the Products and/or any packaging.
LIMITATION OF LIABILITY
60. Whilst every attempt is taken by Colcom Foods to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
61. We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
62. While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
63. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Colcom Foods Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
64. You hereby agree, to as far as the law allows, to indemnify Colcom Foods against any loss, claim or damage suffered, or liability sustained by you or any third party acting for you, due to your or their use of our Website and/or any thirty party websites linked to our Website.
65 We shall not be liable to you in contract, delict (including for negligence) or otherwise:
for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
67 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymized information.
68. Your use of our Website signifies your consent to us collecting and using your personal information as specified below.
69. How we collect information about you:
You may provide personal information to us when communicating with us or registering an online user profile.
You may order a product or a service and provide your name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and your products (or services where appropriate) delivered to you. Sometimes, you may be asked for your telephone number.
When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.
If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you.
When you connect to the Internet using our services, we will collect your Calling Line Identification Number (CLI).
It may be that you provide to us details of credit or debit cards or bank accounts in order to make payments to us. Any such information (“confidential financial information”) will be used by us only for the specific purpose for which it was provided to us.
70. How we use your information:
We may use your information to confirm that your orders have been received; to validate you as a customer when using our services and calling our Call Centre; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit-scoring, affordability assessment, and improving business efficiencies.
We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding the use of our services.
We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
Subject to your preferences in respect of each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.
71. How long do we keep your information for? The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. We will in any event delete or destroy any personal information which has become obsolete.
72. Disclosing your information to third parties:
Colcom Foods reserves the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third-party service providers on our Website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential.
73. A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. On revisiting our Website, our computer server will recognize the cookie, giving us information about your visit.
We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognize you as a customer and provide you with the services you require. If your browser is set to reject cookies, you may not be able to register for Colcom Foods services. We may also use this data to better understand your interests while online and to personalize your visits to our Websites.
How can you refuse or opt-out of cookies? Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
How can you manage your privacy preferences? If you’d like us to stop processing your information for marketing purposes, please write to the customer Call Centre.
75. All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Colcom Foods or its content suppliers and is protected by Zimbabwean and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Colcom Foods and is protected by Zimbabwean and international copyright laws.
76. Except as stated herein, none of the material may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the Zimbabwean copyright laws or with the prior written permission of Colcom Foods the copyright owner.
77. You may not “mirror” any content contained on the Website on any other server unless with the prior written permission of Colcom Foods78. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website, provided that the link does not portray Colcom Foods its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Colcom Foods logo or any other proprietary graphic, trade name or trademark whatsoever as part of the link without the express written permission of Colcom Foods, its affiliates and/or content suppliers.
79. All trademarks and trade name are and shall remain the exclusive property of Colcom Foods
80. The unauthorized submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.
81. Should you breach and of these T&Cs we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.
82. These Terms are governed by the laws of the Republic of Zimbabwe.
83. Each provision of these T & Cs operates separately. If any part is held by a court to be unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.