Terms & Conditions
Terms & Conditions
1. CONDITIONS OF ACCESS
The use of this web site (“this site”) by you is subject to the terms and conditions of use as set out below. It is important that you read and understand the terms of use applicable to this web site.
2. ACCEPTANCE
These terms and conditions of use become effective when you access this site for the first time and constitute a binding agreement between Optimum Agro or its subsidiaries or affiliates, as the case may be (“us/we/our”) and yourself.
3. INFORMATION ON THIS SITE
3.1 All information on this site is only intended to provide you with general information about us, our products and our services (the “online services”).
3.2 All information regarding the product and services including information in respect of the terms and conditions or any other matters, is subject to change without notice.
4. THIRD PARTY INFORMATION
We may use the services of other third party organizations to provide information on this site. We have no control over the third party information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. We will not be directly or indirectly liable for any damages that may arise from your reliance on it.
5. AMENDMENTS TO THESE CONDITIONS
5.1 We may amend these conditions from time to time without notification to you.
5.2 By accessing this site you are bound to the version of the terms and conditions published at the time of any visit to this site. Unless otherwise stated, the current version shall supersede and replace all previous versions of these terms and conditions.
5.3 You agree to view the current version each time that this site is visited.
5.4 The current version of these conditions will govern the respective rights and obligations between us each time you access this site.
6. LINKED THIRD PARTY SITES
6.1 This site may contain certain images and links to other third party websites (“linked sites”) with information and material produced by other parties. The linked sites are not under our control and we are not responsible for the content of any linked site, including but without limitation to any link contained in a linked site, or any changes or updates to a linked site.
6.2 We are not responsible for webcasting or any other form of transmission from linked sites nor are we responsible if the linked site is not working properly.
6.3 We will provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site, their business or security practices or any association with its operators.
7. HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS
7.1 If any third party wants to establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “linking”), to this site, our prior written consent is required.
7.2 Our consent may be withheld or granted, subject to conditions specified by us.
7.3 Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
8. COLLECTION FROM BROWSER
8.1 Optimum Agro will automatically receive and record internet usage information on our server logs from your browser such as the following usage information:
8.1.1 Internet Protocol address (IP) address, Browsing habits, click patterns, Versions of software installed, System type, Screen resolutions, Colour capabilities, Plug-ins, Language settings, Cookie preferences, Search engine keywords, JavaScript enablement, the content and pages that you access on the website/s, the dates and times that you visit the website/s, Paths taken, and the time spent on sites and pages within the website/s.
9. COOKIES
9.1Cookies are small data files that your browser places on your computer or mobile device (if your browser allows it). Although the Act does not explicitly mention cookies, it will apply because cookies can contain personal information. Cookies help your browser navigate a website. When a server uses a web browser to read cookies, the cookies can help a website deliver a more user-friendly service. To protect your privacy, your browser only gives website access to the cookies it has already sent to you.
9.2 Why Do We Use Cookies? -Our sites use cookies to recognize and keep certain information. That information may be used to recognize your computer and browser from current or past visits to this or related sites. We may use this cookie-captured information to improve our service to you, to aggregate information about visitors to the sites and their behavior, to remember you, to understand and save user preferences, or to keep track of advertising. We may contract with third-party service providers to assist us in better understanding our site visitors. In most internet browsers, you can change your settings so that you will be warned each time a cookie is being sent, or so that cookies will be turned off. With cookies blocked, some functions of the sites may not operate properly.
Some of the cookies we use are session cookies and only lasts until you close your browser, others are persistent cookies which are stored on your computer for longer.
9.3 Third Party cookies – For some of the functions within these websites, we use third party suppliers (for example, when you visit a page with videos embedded from or links to YouTube on the i-traffic website). These videos or links (and any other content from third-party suppliers) may contain third-party cookies and you may wish to consult the policies of these third-party websites for information regarding their use of cookies.
9.4 Reject and Delete cookies – You can choose to reject or block the cookies set by our websites and the websites of any third-party suppliers by changing your browser settings – see the Help function within your browser for further details. Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies. For information on the use of cookies in mobile phone browsers and for details on how to reject or delete such cookies, please refer to your handset manual. Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.
10. ABOUT SECURITY
10.1 We are committed to making sure that your online experience is safe and secure.
10.2 We use multiple levels of security, and state-of-the-art Internet technology, beginning with your browser and ending with our own security infrastructure to ensure that access to your terminal is private and secure.
11. PRIVACY POLICY
11.1 We are committed to maintaining the privacy and security of your personal and private information (“user information”) submitted to us via the www.otimumagro.co.zw website (“the/this website”). This privacy and security policy (“this policy”) outlines our practices and commitment to you in this regard.
11.2 We know that you expect a high level of privacy and security for the personal information that you have shared or intend sharing with us. This privacy policy is designed to inform you of the types of information we may collect, how we use that information, and the circumstances under which we will share it with third parties.
11.3 By visiting www.optimumenergy.co.zw and supplying us with your information, you are accepting the practices described within this policy.
11.4 We are strongly committed to ensuring that the personal information you provide to us is treated securely and responsibly.
11.5 The decision to provide us with certain user information via the website is always up to you. It should however be noted that in financial dealings, withholding certain information may limit the services we are able to offer to you.
11.6 We will not collect or use user information without obtaining your consent. In instances where we do obtain user information from information providers, we will ensure that the third party has obtained valid consent before making use of such user information.
12. FINANCIAL CONTENT
12.1 We offer regularly updated financial and indices data (“financial content”) on this site. This information is offered free of charge and is for non-commercial use only.
12.2 You are strictly prohibited from placing or incorporating this financial content into any financial instrument, external programs, website feeds, etc.
12.3 You are strictly prohibited from modifying, altering or editing the text, data, content or links for any purpose.
12.4 The content offered by us may only be used on platforms which allow a functional hyperlink to access the website and takes you directly to our full website as displayed on our website. You are not allowed to display the content in a manner that does not permit successful linking, redirection or delivery to our official and applicable website.
12.5 We give no warranty, express or implied, as to the accuracy, reliability and completeness of any information provided through this financial content.
12.6 We do not accept any liability for loss or damage of any nature, including indirect or consequential loss, which may be attributable to the reliance on and use of the financial content. This service is offered free of charge and is for non-commercial use only.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 This site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to us.
13.2 You are authorized to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
13.2.1 the material is used for considering use of the online services and for no other commercial purposes;
13.2.2 any reproduction of our proprietary material from this site or portion of it, must include our copyright notice in its entirety; and
13.2.3 the logos and trademarks shown on this site are our registered and unregistered trademarks, or that of third parties.
13.3 Nothing on this site should be construed as granting any license or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written consent, use our intellectual property or that of third parties for any purposes whatsoever.
14. SENDING OF INFORMATION
14.1 Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.
14.2 You accept that we cannot be held liable for any loss, or damage suffered by you as a result of unlawful activities by unscrupulous persons, as we cannot prevent such behavior.
15. WARRANTIES AND REPRESENTATIONS
15.1 All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and we disclaim any liable to you in this regard.
15.2 We make no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in connection with this site and disclaims all liability in this regard.
15.3 We do not warrant that the site or online services will be error-free.
16. DISCLAIMER AND LIMITATION OF LIABILITY
16.1 Use of this site and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from the use of this site and your reliance on information contained on it.
16.2 In no event will we be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to your use of this site or the online services or the information contained on this site or your inability to use this site or the online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
16.3 Without derogating from the generality of the above, and to the extend legally permitted, we will not be liable for:
16.3.1 any interruption, malfunction, downtime, off-line situation or other failure of the site or online services, our system, databases or any of its components, beyond our reasonable control;
16.3.2 any loss or damage with regard to your data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; or
16.3.3 any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which we have no direct control.
17. CAPACITY TO ENTER INTO AGREEMENTS
17.1 You hereby warrant to us that you have the required legal capacity to enter into and be bound by these terms and conditions.
17.2 Minors must be assisted by their legal guardians when reading these terms and conditions.
18. YOUR LIABILITY TO US
You shall be liable to us for any liabilities, losses or expenses incurred by us as a result of any breach by you of these terms and conditions.
19. TERMINATION, SUSPENSION AND LIMITATION
19.1 We may:
19.1.1 set limits or conditions on the right to certain services, features or functions on this site;
19.1.2 restrict access to parts of or all of the services on the site; and
19.1.3 modify, suspend or discontinue this site, whether temporarily or permanently, without notice.
