Terms of Service.

These Terms of Service (“Terms”) govern your access to and use of zimako.co.za and any page, content or feature on it (the “Website”), operated by Zimako Smart Business Solutions (“Zimako”, “we”, “us” or “our”).

By browsing or using the Website you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Website. If you use the Website on behalf of an organisation, municipality or other entity, you confirm that you are authorised to accept these Terms on its behalf.

You must be at least 18 years old, or have the consent of a parent or guardian, to use the Website.

In line with section 43 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), our details are:

Legal name

Zimako Smart Business Solutions

Physical address

Meersig 1, 4th Floor, Upper Lake Lane, Constantia Kloof, Roodepoort, 1724

Telephone

+27 11 846 3678

Email

info@zimako.co.za

Website

zimako.co.za

We are a private company incorporated and registered with the Companies and Intellectual Property Commission (CIPC) in the Republic of South Africa. We choose the physical address above as our address for the receipt of legal notices and service of legal process (domicilium citandi et executandi).

The Website describes the software platforms, AI agents and professional services we offer — including SmartKollect, Kaya AI, YeboPay, Indigent Verification, Revenue Protection, DCOMS, the Consumer Portal and our telecommunication services. The Website is informational. No product or service is sold or provided through it.

Any engagement with Zimako is governed by a separate written agreement, quotation, service level agreement or tender award signed by both parties (a “Client Agreement”). If anything in these Terms conflicts with a Client Agreement, the Client Agreement prevails. Personal information we process on behalf of clients through our platforms is governed by the relevant Client Agreement and the client's own privacy notice.

Nothing on the Website is an offer capable of acceptance. Product descriptions, features, capabilities, timelines, statistics and client references are given in good faith for general information, may change without notice and do not form part of any contract unless a Client Agreement expressly says so.

You may use the Website for lawful purposes only. You agree that you will not:

• use the Website in a way that breaches any law, regulation or third party's rights;
• attempt to gain unauthorised access to the Website, its servers or any connected system or data, or probe, scan or test their vulnerability without our written permission (this would also be an offence under the Cybercrimes Act 19 of 2020);
• introduce viruses, malware, or any other harmful or disruptive code, or carry out a denial-of-service or similar attack;
• scrape, crawl, harvest or mine content or data from the Website by automated means, other than through ordinary search-engine indexing, or use it to train machine-learning models;
• copy, reproduce, frame, mirror, modify or reverse engineer any part of the Website except as allowed in the Intellectual property section;
• impersonate Zimako, our staff or any other person, or misrepresent your affiliation with anyone, including when contacting us; or
• send us unsolicited commercial communications (spam) using contact details found on the Website.

We may restrict or block access to the Website, in whole or in part, to anyone we reasonably believe is breaching these Terms.

The contact form on the Website does not submit or store anything on our servers. It prepares an email in your own email application, which you choose whether to send. Emails, calls and other messages you send us are governed by these Terms and our Privacy Policy.

In terms of ECTA, a data message (such as an email) is regarded as received by us only when it enters our information system and is capable of being retrieved and processed by us. We aim to reply promptly, but we do not guarantee a response time, and an acknowledgement or reply does not mean we have accepted any proposal, tender or instruction.

Please do not send us confidential, commercially sensitive or special personal information through the Website or an unsolicited email. Unless a non-disclosure or Client Agreement is in place, we cannot treat unsolicited information as confidential.

Vacancies on the Website are published for information and may be filled, changed or withdrawn at any time. Publishing a vacancy or receiving an application does not oblige us to interview, shortlist or appoint anyone. Any offer of employment is valid only if made in writing by an authorised representative of Zimako.

You confirm that the information you send in an application is true, accurate and your own. We handle applicant information as described in our Privacy Policy. We are committed to fair recruitment practices and the Employment Equity Act 55 of 1998.

The Website and everything on it — including text, graphics, animations, interactive visuals, logos, product names, software, source code, page layout and design — are owned by or licensed to Zimako and protected by copyright, trade mark and other intellectual-property laws of South Africa and other countries.

“Zimako”, “SmartKollect”, “Kaya AI”, “YeboPay”, “DCOMS” and their associated logos are trade marks of Zimako, whether registered or not. You may not use them without our prior written consent, including in domain names, advertising or metadata.

We grant you a limited, revocable, non-exclusive and non-transferable licence to view the Website and to download or print reasonable extracts for your own personal use or internal business evaluation of our services, provided you keep all copyright and other notices intact. Any other use requires our prior written permission.

Names and logos of clients, partners and other organisations referenced on the Website belong to their respective owners. They are used to describe our work and do not imply that those organisations endorse Zimako or the Website.

If you send us suggestions or feedback about the Website or our services, you agree that we may use them freely, without any obligation to you.

The Website may link to websites and services we do not control, such as Google Maps or social-media profiles. We provide these links for convenience only. We are not responsible for their content, availability, security or privacy practices, and a link does not mean we endorse them. Your use of a third-party site is at your own risk and subject to its own terms.

We work to keep the Website available, secure and accurate, but we may change, suspend or discontinue any part of it at any time, including for maintenance, without notice. We do not guarantee that the Website will be uninterrupted, error-free, free of harmful components, or compatible with every device or browser.

Interactive features, such as the Kaya AI demonstration, are illustrative simulations. They show how a product could behave and are not the live product, a performance guarantee or advice of any kind.

Content on the Website is general information. It is not legal, financial, technical or other professional advice, and you should not rely on it as such. Please contact us for advice on your specific requirements.

To the fullest extent permitted by law, the Website and its content are provided “as is” and “as available”, without any warranty or representation, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose or non-infringement.

You are responsible for protecting your own devices, systems and data with appropriate anti-virus software and security measures when you access the Website or any downloaded material.

To the fullest extent permitted by law, Zimako, its directors, employees, agents and suppliers will not be liable to you for any loss or damage — whether direct, indirect, special, incidental or consequential, and including loss of profit, revenue, data, goodwill or business opportunity — arising from or connected with your use of, or inability to use, the Website, its content or any linked website, however caused, whether in contract, delict (including negligence) or otherwise, even if we were advised of the possibility of such loss.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for gross negligence, fraud or wilful misconduct, or any right you have under the Consumer Protection Act 68 of 2008 where that Act applies.

You indemnify and hold Zimako, its directors, employees and agents harmless against any claim, loss, damage, liability, cost or expense (including reasonable legal fees on an attorney-and-own-client scale) arising from your breach of these Terms, your misuse of the Website, or your infringement of any law or third-party right.

We process personal information in line with the Protection of Personal Information Act 4 of 2013 (“POPIA”). Our Privacy Policy explains what we collect, why, how we protect it and how to exercise your rights. It forms part of these Terms.

We may update these Terms from time to time to reflect changes in our services, the law or how the Website works. The “last updated” date at the top of this page shows when they last changed. The version published here when you use the Website is the version that applies, so please check this page periodically. Continuing to use the Website after a change means you accept the updated Terms.

These Terms are governed by the laws of the Republic of South Africa. If a dispute arises, we encourage you to contact us first so that we can try to resolve it informally and in good faith.

Subject to any non-excludable rights you may have, you consent to the jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg. Zimako may also, at its option, institute proceedings in any Magistrate's Court having jurisdiction over you, and you consent to that court's jurisdiction in terms of section 45 of the Magistrates' Courts Act 32 of 1944, even if the amount claimed exceeds its ordinary jurisdiction.

• Severability. If any provision of these Terms is found invalid or unenforceable, it will be severed and the rest will continue in full force.
• No waiver. Any delay or relaxation in enforcing these Terms is not a waiver of our rights.
• Assignment. We may transfer our rights and obligations under these Terms. You may not transfer yours without our written consent.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Zimako about your use of the Website. They do not replace any Client Agreement.
• Headings. Headings are for convenience only and do not affect interpretation.

Questions about these Terms can be sent to info@zimako.co.za, by phone on +27 11 846 3678, or by post or hand delivery to Meersig 1, 4th Floor, Upper Lake Lane, Constantia Kloof, Roodepoort, 1724.