1.0 DEFINITION
1.1 End-user is an individual or entity who subscribes on the e-newspaper platform for purposes of accessing or receiving the e-newspapers.
1.2 Publishing house means the newspaper company providing the e-newspaper on the platform.
1.3 Subscribe means to register on the e-newspaper platform by the end-user.
1.4 Subscription fees mean fees paid by the end-user to receive the e-newspaper
1.5 Subscription period means the duration end-user has paid for in order to receive the e-newspaper
1.6 Commencement Date means date indicated by the end-user to commence receiving the e-newspaper.
1.7 Confirmation of registration means that the end-user agrees to abide and be bound by these Terms and Conditions.
1.8 Confidentiality means that all details provided by the end-user shall be treated as confidential to the extent permitted by law.
2.0 SUBSCRIPTIONS BY INDIVIDUALS.
2.1 To subscribe to the e-newspaper, the end-user must be a holder of an Econet line.
2.2 Subscription shall be done through the end-user’s mobile phone as set out in clause 9.
2.3 The end-user is required to register for EcoCash to be able to access the e-newspaper.
3.0 SUBSCRIPTION PACKAGES
3.1 The end-user may subscribe for any of the packages as availed by the publishing house
3.2 The subscription fees may be increased at any time without notice to the end-users by the publishing house.
4.0 DELIVERY OF THE E-NEWSPAPER
4.1 The Publishing House shall be responsible for the delivery of the e-newspaper to the end-user by any of the following ways:
5.1.1 Email address as provided by the end-user;
5.1.2 WhatsApp number as provided by the end-user.
4.2 The publishing house shall be responsible for the daily delivery of the e-newspaper to the end-users as and whenever the e-newspaper is ready for dispatch.
5.0 LAPSE AND REVIVAL OF SUBSCRIPTION
5.1 The e-newspaper subscription shall automatically lapse on the last day of subscription.
5.2 The e-newspaper subscription shall lapse upon cancellation by the end-user at any time during the subscription period and no refund shall be claimable by the end-user for the remaining duration of the subscription period.
5.3 A lapsed subscription shall be reinstated upon payment of the requisite subscription fees.
6.0 NOTICE PERIOD FOR SUBSCRIPTION INCREASE
6.1 The subscription fees may be increased without notice to the end-users at the sole discretion of the publishing house and no notice shall be given by Econet for such increases.
7.0 MISREPRESENTATION AND FRAUD
7.1 Any misrepresentation or non-disclosure of a Material Fact by the end-user may result in the subscription being cancelled or terminated with no refund of the subscription fees to the end-user.
7.2 The Econet reserves the right at their sole discretion to investigate any suspected fraudulent act or misrepresentation by the end-user.
8.0 SEVERABILITY
8.1 Unenforceability of any provision of this agreement shall not affect other provisions herein contained; instead, this agreement shall be construed as if such unenforceable provision had not been contained herein.
9.0 SUBSCRIPTION PROCEDURE
9.1 For any subscription to the e-newspaper by the end-user, the following procedure shall be applicable:
12.1.1 Dial *185# and then follow the subscription instructions.
9.2 All subscription payments shall be made via the Ecocash platform.
10.0 COMPLAINTS HANDLING
10.1 Any complaints or queries by the end-users pertaining to the e-newspaper or its delivery shall be handled in the following manner:
11.1.1 Direct any complaints to the relevant publishing house through its hotline number or any other means of communication provided.
10.2 The formation, existence, construction, performance, validity and all aspects of these Terms and Conditions shall be governed by the laws of Zimbabwe.
10.3 The courts of Zimbabwe shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions. The parties irrevocably agree to submit to that jurisdiction.
11.0 COMMUNICATIONS
11.1 Econet is entitled to communicate with the end-users in any written communication in the manner it deems most expedient either by SMS or through other means.
12.0 LIMIT OF INDEMNITY
12.1 The publishing house shall indemnify and hold Econet harmless against any claim of liability arising from the performance of the herein stated Terms and Conditions by end-users or any third party. The end-user shall direct any claim of liability to the publishing house for whatever reason and this claim shall be limited to the subscribed period of the e-newspaper in terms of these terms and conditions.
13.0 WHOLE AGREEMENT
13.1 These Terms and Conditions, shall constitute the sole agreement between Econet and the end-user.
13.2 No contrary representations or agreement to amend the Terms and Conditions shall be of any force or effect unless reduced to writing and signed by a specifically authorized person thereto in writing by Econet.