This Privacy Policy serves as a guide and provides information with respect to the collection, processing and use of personal information collected by Mazzuma as a result of your use of this website, the MAZZUMA payment system and any product/service under the Mazzuma brand name. Mazzuma is a company incorporated in accordance with the laws of the Republic of Ghana and is the owner of the MAZZUMA payment system that facilitates online payment for goods and services. The user of the MAZZUMA payment system shall be under an obligation to provide certain personal details to facilitate the transaction.
The data collected may be used for providing the payment service that you have requested, administration of the website, collecting payments from you, sending you marketing information from online Merchants you have visited or Merchants which sell the products or offer the services that you frequently patronize. The information collected may be used for analytical and statistical purposes to provide additional information to enhance your use of our service and provide better services to you. The results of such research or statistics will not be made in a form that will identify you. MAZZUMA shall ensure that your personal data is protected from unlawful access. MAZZUMA shall ensure that it processes your personal data in compliance with applicable data protection rules. All the data and information collected by MAZZUMA will be processed and/or used in accordance with this Privacy Policy.
You acknowledge and agree that we may share and/or synchronize your data with the Merchant or Users from which you make your purchases or transactions. You acknowledge and agree that we may use your purchase details for research and statistical purposes and we hereby warrant that use and presentation of the research information will not identify you. You agree that MAZZUMA may send you nontransactional or commercial marketing information on online Merchants that you have visited or online Merchants which sell the products that you frequently patronize. You acknowledge and agree that we may use your information for any or all of the purposes listed in this Privacy Policy.
If you provide any personal information on this website to enable you access the MAZZUMA service, MAZZUMA will take reasonable precautions to secure that information and will only use such personal information in accordance with the terms of this Privacy Policy. MAZZUMA will adopt appropriate, reasonable, technical and organizational measures to prevent loss, misuse or unauthorized access of your personal information. You agree that any personal information about a third party that you provide to us on this website shall be done with the consent of that individual and you hereby represent to MAZZUMA that you have obtained all necessary consents for providing such personal information in accordance with this Privacy Policy.
You may request for MAZZUMA to delete your details from the MAZZUMA marketing list by sending an email to the website administrator of MAZZUMA at [email protected].
Subject to the TOS, you may access, download or print the Privacy Policy for future reference.
MAZZUMA reserves the right to modify, change, update or replace this Privacy Policy in whole or in any part at any time. The current version of the Privacy Policy is always the version that is published on this site. You will be bound by the contents of the Privacy Policy on the day that you access this website and agree to the TOS. You are encouraged to read carefully the Privacy Policy each time you visit this site.
You may contact MAZZUMA on any issues related to the terms of this Privacy Policy by sending an email to the MAZZUMA website administrator at [email protected].
MAZZUMA is being distributed to facilitate payment for goods and services, and money or value transfer using mobile money, token or electronic money. You are NOT allowed to charge for redistributing this software (either for profit or merely to recover your media and distribution costs) whether as a standalone product, or as part of a compilation or anthology, nor to use it for supporting your business or customers. It may be distributed freely on any website or through any other distribution mechanism, as long as no part of it is changed in any way.
THIS END USER LICENCE AGREEMENT (“EULA”) IS BETWEEN YOU AND MAZZUMA FOR THE MAZZUMA SOFTWARE WHICH INCLUDES DOCUMENTATION AND CONTENT, AS MAY BE UPDATED OR MODIFIED (“SOFTWARE PRODUCT”). BY INSTALLING OR USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.
This EULA grants you the following rights:
Installation and Use: You are granted a non-exclusive licence to install and use an unlimited number of copies of the Software Product.
Reproduction and Distribution: You may reproduce and distribute an unlimited number of copies of the Software Product; provided that each copy is a true and complete copy, including all copyright and trademark notices, and is accompanied by a copy of this EULA. COPIES OF THE SOFTWARE PRODUCT MAY BE DISTRIBUTED AS A STANDALONE PRODUCT OR INCLUDED WITH YOUR OWN PRODUCT AS LONG AS THE SOFTWARE PRODUCT IS NOT SOLD OR INCLUDED IN A PRODUCT OR PACKAGE THAT INTENDS TO RECEIVE BENEFITS THROUGH THE INCLUSION OF THE SOFTWARE PRODUCT.
Limitations: You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law.
Update: MAZZUMA may make available updates to the Software Product which may modify the features of the existing software. The terms of this EULA will govern the updates to the Software Product, unless the software update is accompanied by a separate licence in which case the terms of that licence will govern.
Separation of Components: The Software Product is licensed as a single product. Its component parts may not be separated for use.
Termination: Without prejudice to any other rights, MAZZUMA may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Software Product in your possession or under your control.
All title and copyright in and to the Software Product (including but not limited to any images, data, and examples incorporated into the Software Product), the documentation, and any copies or reproductions of the Software Product are owned by MAZZUMA. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.
No Warranty: MAZZUMA expressly disclaims any warranty for the Software Product. The Software Product and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software Product remains with you.
No Liability for Damages: In no event will MAZZUMA be liable for any direct, general, special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if MAZZUMA is aware of the possibility of such damages and known defects.
This EULA shall be governed by and construed in accordance with the laws of the Republic of Ghana, excluding its conflict of law principles.
MAZZUMA is made available to you to facilitate your payment transactions for goods and services online using the MAZZUMA payment service in association with mobile money, token or electronic money services subject to these terms of use and service (“TOS”). By using MAZZUMA and any product/service under the MAZZUMA brand, you agree to be bound by these TOS. MAZZUMA reserves the right to amend these terms and conditions at any time. By using the MAZZUMA service to effect payments, you agree to be bound by the provisions of the TOS. You are advised to read these instructions carefully before proceeding. If you do not agree with any of these terms, please do not proceed to use the MAZZUMA payment service and MAZZUMA requests that you immediately discontinue your use of the services offered through the mobile application.
This EULA shall be governed by and construed in accordance with the laws of the Republic of Ghana, excluding its conflict of law principles.
MAZZUMA is used to transfer the money you pay for goods and/or services to the online goods or service provider (“Merchant”). MAZZUMA’s obligations to you end when it transfers your money to the Merchant. MAZZUMA does not make a representation that the goods or services that you pay for using MAZZUMA are available in stock, will be provided or meet the specification(s) communicated to you by the Merchant. Where you require a refund of payments made, you have to contact the Merchant directly. You will receive a notification from your mobile money, token or electronic money service provider indicating that your payment transaction is successful. Receipt of such notification is an indication that your payment is successful and has been processed to your Merchant.
MAZZUMA will endeavor, within reasonable means to ensure that the MAZZUMA payment service is continuously available. However, MAZZUMA does not guarantee that the service will be available at any given time or that your use of the service through your mobile or handheld device will not be subject to interruption. Access to service through your mobile or handheld device may be suspended, restricted or terminated at any time once there is a breach of terms expressly stated in the terms of use.
You agree not to use the MAZZUMA payment service in a manner that will restrict or inhibit other users from using the service by any means, including without limitation by damaging or disabling any server or node from or on which this service operates. You agree that you will not attempt to give any false, incomplete or inaccurate information for purposes of a transaction using the MAZZUMA payment service. You agree not to use the MAZZUMA payment service for fraudulent or unlawful purposes. You agree not to use any material from the mobile application used to access the service in a manner which is unlawful including, without limitation, engaging in “database scraping” or “screen scraping” to obtain proprietary information. If you are not the bill payer for the mobile or handheld device being used to access service, you will be assumed to have received permission from the bill payer for using the mobile or handheld device.
Access to certain areas of the service may be restricted. MAZZUMA has the sole right and reserves the right to restrict your access to certain areas of the service. You agree that you will not access or attempt to access restricted areas reserved for administration purposes, as well as secured or non-public areas of the service with your mobile or handheld device. You understand that you may be subject to prosecution should you attempt to access prohibited areas of the service. If you use or permit anyone to use the service in contravention of these TOS, MAZZUMA may suspend your use of the service through the mobile or handheld device. If MAZZUMA suspends your use of the mobile or handheld device to access the service, MAZZUMA may refuse to restore the access for your use until it receives an assurance from you, in a form MAZZUMA deems acceptable, that there will be no further breach of the provisions of these TOS.
If you provide any personal information on or through the mobile application to enable you use or access the MAZZUMA service, MAZZUMA will take reasonable precautions to secure that information in its computer systems and its physical premises and will only use such personal information in accordance with the terms of MAZZUMA’s Privacy Policy which can be accessed at https://mazzuma.com/legal. The MAZZUMA Privacy Policy governs MAZZUMA’s use of information collected from you or provided by you through the mobile application when you use the MAZZUMA payment service. You agree that any individual whose personal information you provide to us through the mobile application shall be done with the consent of that individual and you hereby represent to MAZZUMA that you have obtained all necessary consents for providing such personal information in accordance with the MAZZUMA Privacy Policy.
You agree that MAZZUMA may send you non-transactional, special promotions and offers as well as commercial information relating to products and services available from online Merchants you have visited or who sell the products or offer the services that you patronize.
If you no longer wish to receive e-mail announcements, notifications, or special promotions from MAZZUMA, kindly send an email to [email protected] requesting for your contact information to be deleted from the mailing list. Where you require that your personal information be deleted from MAZZUMA’s records, you may contact MAZZUMA’s [email protected].
MAZZUMA may post hypertext links on the service website allowing you to “click through” to one or more other websites not owned or controlled by MAZZUMA (a “Click Through Site”). These Click Through Sites may link you to the platform of Merchants. You understand and agree that: (i) MAZZUMA does not own or control these Click Through Sites; (ii) any hypertext links to Click Through Sites posted by MAZZUMA are offered for your convenience; and (iii) posting of a hypertext link does not constitute an endorsement by MAZZUMA of the form, substance, or content of the Click Through Site. MAZZUMA makes no representation of any kind concerning a Click Through Site or the accuracy or applicability of information presented to you on the Click Through Site. MAZZUMA makes no representation of the availability of products or services on any Click Through Site. MAZZUMA expressly disclaims any responsibility for the content of any Click Through Site, for any computer worms or viruses, Trojan horses, or other malware that you may acquire by visiting a Click Through Site, or any consequences to you of any kind resulting from visiting or using information acquired from a Click Through Site. You agree that you have the sole responsibility to evaluate the products and/or services offered you on a Click Through Site to ensure that it is suitable for your intended use.
This MAZUMMA payment service is provided to you by MAZZUMA on an “as is” basis without any representations and warranties. MAZZUMA expressly disclaims any express or implied representation or warranty to you of any kind, including without limitation any warranty that the service will be continuously available to you at all times through the mobile application, implied warranty of merchantability or fitness for any particular purpose of the goods or services purchased from any Merchant and to which the MAZZUMA payment system is connected. MAZZUMA makes no representation or warranty of any kind to you that information provided to you is true, accurate and complete. While MAZZUMA may use reasonable efforts to include accurate and up-todate information on the mobile application and the service, MAZZUMA makes no warranties or representations as to the accuracy, timeliness or completeness of the information.
MAZZUMA has the right to, and may modify, change, update or replace the TOS in whole or in part at any time. The current version of the TOS is always the version that is published at https://mazzuma.com. You will be bound by the contents of the TOS on the day that you access the service through your mobile or handheld device. You are encouraged to read carefully the TOS each time you use the service.
Information accessed using the mobile application may contain typographical errors, errors of substance, or omission, whether or not material. MAZZUMA disclaims any responsibility for any damage or loss incurred by a user in reliance on information accessed using the mobile application which is related to the accuracy or completeness of that information. If you discover any such information please contact MAZZUMA at [email protected].
TO THE EXTENT PERMITTED BY LAW, MAZZUMA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE SERVICE OR USE OF A CLICK THROUGH LINK. YOU USE THE SERVICE AT YOUR OWN RISK. MAZZUMA SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES YOU OR ANY THIRD PARTY INCURS RELATING DIRECTLY OR INDIRECTLY TO THE USE OF THE SERVICE. MAZZUMA SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS THAT YOU MAY TAKE OR OMIT TO TAKE AS A RESULT OF ANY TRANSACTION YOU MAY MAKE USING THE MOBILE APPLICATION. MAZZUMA SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, GENERAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE, PAYMENT YOU MAKE THROUGH THE MAZZUMA PAYMENT SYSTEM, ANY ACTION THAT YOU TAKE OR OMIT TO TAKE WHEN YOU VISIT THE MAZZUMA WEBSITE OR ANY CLICK THROUGH WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OF MONEY, EVEN IF MAZZUMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and keep MAZZUMA indemnified against any claim, action, suit or proceeding brought or threatened to be brought against MAZZUMA which is caused by or arising out of (a) your use of the mobile application or the service, (b) any other person’s use of the mobile application or the service using your user name, verification PIN and/or any identifier number allocated to you, and/or (c) your breach of any of these TOS, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
All materials contained on the service website are protected by intellectual property (patents, copyright, trademark etc.) laws of Ghana. All intellectual property rights whether registered or unregistered are held by MAZZUMA or a third party owner. None of the intellectual property published on the service website may be reproduced, modified, published, posted, transmitted, have derivative works created from them, or be dealt with in any manner without prior written consent of MAZZUMA and/or the third party owner of the intellectual property rights. All rights not expressly granted in these TOS are reserved. Any unauthorized use of any material on the service website may violate the intellectual property rights of the holder or owner and would make the infringer liable for a criminal or civil action.
The “MAZZUMA” trademark and any other MAZZUMA logos used on the service website are the trademarks of the MAZZUMA Company. All rights in the trademarks are hereby reserved by MAZZUMA. Other products, company names or logos that MAZZUMA hosts or advertises on the service website are or may be the trademarks of their respective owners and the respective holders or owners of those trademarks shall have the rights to bring an action against any user of the payment service for infringement of the rights in the trademarks.
These TOS are governed by and are to be interpreted in accordance with the laws of the Republic of Ghana.
In the event of any dispute arising in relation to these TOS or the services provided by the MAZZUMA payment service, whether in contract or otherwise, the courts in the Republic of Ghana shall have exclusive jurisdiction over such disputes.
Where MAZZUMA fails to exercise any particular right or enforce any of the provisions of these TOS, such failure shall not constitute a waiver of such right by MAZZUMA unless expressly acknowledged and agreed to by MAZZUMA in writing. Failure by MAZZUMA to exercise a right or enforce any provisions of these TOS shall not preclude or bar MAZZUMA from taking action in future when an infringement of the same right occurs. Any cost, including legal costs incurred by MAZZUMA arising out of your use or misuse of the MAZZUMA payment service or a breach of these TOS, will be borne by you.
The provisions of these TOS are severable. Where a court of competent jurisdiction makes a determination that any aspect or provisions of these TOS are illegal or unenforceable, such provision shall be deemed to have been deleted without affecting the remaining provisions of the TOS.
You may contact MAZZUMA on any issue related to these TOS by sending an email to [email protected]
Last Updated: May 1st, 2018
The following categories of businesses and business practices are prohibited from using
Mazzuma
("Prohibited Businesses or Entities"). Prohibited Business categories may be imposed through
the requirements of our Financial Services Partners and other applicable regulations. The
types
of businesses listed are representative, but not exhaustive. If you are uncertain as to
whether
your business/entity is Prohibited, or have questions about how these requirements apply to
you,
kindly contact us at [email protected] By registering with us, you are confirming that you
will not use the Service to accept payments in connection with the following businesses,
business
activities or business practices.
Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; use of Mazzuma intellectual property without express consent from Mazzuma; use of the Mazzuma name or logo including use of Mazzuma trade or service marks, or in a manner that otherwise harms Mazzuma or the Mazzuma brand; any action that implies an untrue endorsement by or affiliation with Mazzuma
Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported.
Age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed.
Age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed.
Investment opportunities or other services that promise unreasonably astronomical rewards
Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm.
Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, misleading, or predatory towards consumers
Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the source of funds
Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
Any businesses that we believe poses elevated financial risk, legal liability, or violates payments network or other policies; any business or organization that engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic
Pyramid schemes, network marketing, and referral marketing programs
Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
Sale of a legal substance that provides the same effect as an illegal drug. The use of Mazzuma in a manner inconsistent with its intended use or as expressly prohibited in the Mazzuma Terms of Use Agreement
If you have any questions about supported businesses, each us at [email protected]
The White Paper is for informational purposes only. Nothing in the White Paper shall be viewed as an offer to buy or buy securities in any legal jurisdiction, or an offer for investment or for investment advice. It does not regulate any sale and purchase of Mazzuma Tokens stated in the White Paper. The use of Mazzuma Token is subject to the Terms and Use of the Mazzuma Platform. The White Paper does not constitute an agreement that binds the Company. The Company, the Company’s directors, employees and associates do not warrant or assume any legal liability that may arise out of or related to the accuracy, reliability, or completeness of any material contained in the White Paper. To the fullest extent permitted by any applicable law in any jurisdiction, the Company fully disclaim all liability to you and everyone else in respect of the content of the White Paper, whether under any theory of tort, contract or otherwise and whether in respect of direct, indirect, consequential, special, punitive or similar damages. All Persons who intend to acquire Tokens, declare and certify carrying out the research or taking the relevant advice from specialized attorneys to ensure that no legislation or regulation applicable to his or her situation and place of residence or no position or recommendation from a competent national authority prohibits or limits him or her in the acquisition and the possession of Mazzuma Tokens.
Last updated: 28th March, 2018
KINDLY NOTE THESE TERMS OF TOKEN SALE CAREFULLY. NOTE THAT SECTION 16 CONTAINS A
BINDING ARBITRATION
CLAUSE AND REPRESENTATIVE ACTION WAIVER, WHICH IMPACTS YOUR LEGAL RIGHTS. IF YOU DO NOT
AGREE
TO THESE TERMS OF TOKEN SALE, DO NOT PURCHASE TOKENS. This document acts as an agreed upon
Terms
of Token Sale (“Terms”) between you (“Purchaser,” “You”) and MAZZUMA Company, a
Ghanaian
limited liability company (“Mazzuma,” “Company,” “we,” or “us”). Each of you and the Company
are a “Party,” and together the “Parties.” You accept these Terms when you purchase
Mazzuma’s
MAZ tokens (“MAZ Tokens”). MAZ Token is a digital token made by Mazzuma for the use by token
holders within the Mazzuma Ecosystem (“Platform”) to be exchanged for services offered by
Platform
and users of the Platform. Purchase of MAZ Tokens is subject to these Terms. By purchasing
MAZ
Tokens from us, you will be bound by these Terms and all terms incorporated by reference. If
you have any questions regarding these Terms, please contact the MAZ Tokens support team at
[email protected]
You and the Company agree as follows:
Subject to the Terms of Service and these Terms, the Company agrees to sell to you and you agree to purchase from the Company, a specific number of MAZ Tokens at the price listed on the website or mobile application depending on the time of purchase.
Unless otherwise stated herein, these Terms govern purchase of MAZ Tokens from the Company. During the Initial Token Sale Period, the sale may be terminated sooner if a hard cap as provided on the Site is reached (“Hard Cap”). Any payment received by the Company after the end of the Initial Sale Period will be accepted only if it was originated during such period. Company may request to provide evidence of payment from Purchaser. No payment will be accepted after the Initial Sale Period is over or when the Hard Cap is reached.
Any use of MAZ Tokens will be governed primarily by other applicable terms and policies, [which will be available on the Site or affiliated sites upon the distribution of the MAZ Tokens] (collectively, “Mazzuma Terms of Use”). The Mazzuma Terms of Use may change from time to time at the Company’s sole discretion with the amended Mazzuma Terms of Use posted to that effect.
To the extent of any conflict with these Terms, the Mazzuma Terms of Use shall control with respect to any issues relating to the use of MAZ Tokens.
Purchase of MAZ Tokens requires a creation of the Account on the Site, or the Mobile Application.
A transfer of funds for the purpose of purchasing MAZ Tokens to your Account will be treated as a purchase to claim possible available discounts or bonuses. The number of purchased MAZ Tokens shall be determined based on the total amount you used for the purchase of the MAZ Tokens with applicable discounts or bonuses available to you, and/or total amount of your transfer you made for the purpose of purchasing MAZ Tokens.
Following the successful purchase, the information about purchased MAZ Tokens will be reflected shortly in your Account. Failure to provide the information and/or meet this after a 24-hour period for any reason does not invalidate the purchase. The purchased MAZ Tokens would be available for withdrawal upon distribution by Mazzuma as set forth in Sections 4 and 5 of these Terms.
Within 5 business days following the end of token sale, the MAZ Tokens will be distributed by Company to purchasers. Failure to meet this deadline does not invalidate any of the conditions of this agreement.
Upon purchase, MAZ Tokens will be distributed by Mazzuma to the Wallet of the Purchaser. Purchaser shall be responsible for implementing reasonable measures for securing the Wallet to receive Tokens, including any required private key(s) or other credentials necessary to access such storage mechanism(s). If Purchaser’s private key(s) or other access credentials are lost, Purchaser may lose access to the purchased MAZ Tokens. Company shall not be responsible for any such losses.
The MAZ Token terms and conditions are as set on the Mazzuma Website
The purchase of MAZ Tokens from Mazzuma is final upon the distribution of MAZ Tokens and there will be no refunds or cancellations except as specifically provided in these Terms. Mazzuma reserves the right to cancel any MAZ Token purchase or refuse any purchase requests at Company’s sole discretion for any reason
You acknowledge and agree that there are risks associated with purchasing MAZ Tokens, holding MAZ Tokens, and using MAZ Tokens, as disclosed in the Whitepaper. BY PURCHASING MAZ TOKENS, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
In connection with the purchase of the MAZ Tokens, you represent to Company the following:
You have full legal capacity, power and authority to accept these Terms and to perform your obligations hereunder.
You are aware of the terms and conditions of the MAZ Tokens and have acquired sufficient information about the MAZ Tokens to reach an informed and knowledgeable decision to acquire the MAZ Tokens.
You have sufficient understanding of cryptographic tokens, token storage mechanisms (such as token wallets), and distributed systems technology to understand these Terms and to appreciate the risks and implications of purchasing the MAZ Tokens.
You understand that the MAZ Tokens confer only the rights described in the Whitepaper, and confer no other rights of any form with respect to Mazzuma, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights.
You are not purchasing MAZ Tokens for any uses or purposes, including but not limited to any investment, speculative or other financial purposes, which are not specified in the Whitepaper.
You understand that the MAZ Tokens are not digital currency, security, commodity or any other kind of financial instrument and have not been registered under the securities law of the United States or the securities laws of any other country, including the securities laws of any jurisdiction in which you reside.
You have satisfied yourself as to the full observance of the laws of your jurisdiction in connection with any invitation to purchase the MAZ Tokens or any use of these Terms, including (i) the legal requirements within its jurisdiction for the purchase of the MAZ Tokens, (ii) any foreign exchange restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained.
Your purchase, payment for, and continued beneficial ownership of the MAZ Tokens will not violate any applicable laws of your jurisdiction.
You shall comply with any applicable tax obligations in all relevant jurisdictions arising from the purchase of MAZ Tokens.
If you are purchasing Tokens on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity (references to “you” in these Terms refer to you and such entity, jointly).
You acknowledge and agree that by purchasing MAZ Tokens, you have not relied on any statement, representation, guarantee, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (including Company, Company’s Parties or anyone else) other than as expressly set out in these Terms. You irrevocably and unconditionally waive all claims, rights and remedies that, but for this clause, you might otherwise have had in relation to any of the foregoing. Nothing in this clause shall limit or exclude any liability for fraud.
To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless Company and Company’s respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (“Company Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) purchase or use of MAZ Tokens, (ii) your responsibilities or obligations under these Terms, (iii) your breach of these Terms, or (iv) your violation of any rights of any other person or entity, and (v) your violation of any laws.
Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under Section 11(a). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY COMPANY, (A) THE MAZ TOKENS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AS TO THE MAZ TOKENS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT; (B) COMPANY DOES NOT REPRESENT OR WARRANT THAT THE MAZ TOKENS ARE RELIABLE, CURRENT OR ERROR- FREE, MEET PURCHASER’S REQUIREMENTS, OR THAT DEFECTS IN THE MAZ TOKENS WILL BE CORRECTED; AND (C) COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE MAZ TOKENS OR THE DELIVERY MECHANISM FOR MAZ TOKENS ARE FREE OF MINOR BUGS AND OTHER COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this Section may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (i) IN NO EVENT WILL COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF THE MAZ TOKENS OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (ii) IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE MAZ TOKENS, EXCEED THE AMOUNT YOU PAY TO THE COMPANY FOR THE MAZ TOKENS CALCULATED IN THE U.S. DOLLARS AT THE TIME OF PAYMENT REGARDLESS OF THE CURRENCY USED FOR PAYMENT.
THE LIMITATIONS SET FORTH IN SECTION 13(a) WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF THE COMPANY.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
The validity, interpretation, construction and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the Republic of Ghana, without giving effect to principles of conflicts of law. For purposes of litigating any dispute that may arise directly or indirectly from this Agreement, the parties hereby submit and consent to the exclusive jurisdiction of the Republic of Ghana and agree that any such litigation shall be conducted only in the courts located in the Republic of Ghana and no other courts.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks to bring an individual action in any small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company (i) waive your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and the Company’s respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by e-mail to the support team at [email protected]. Notice to you shall be sent to the email address provided by you in your Account. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either you or Company may, as appropriate and in accordance with this Section16, commence an arbitration proceeding or, to the extent specifically provided for in Section 16(a), file a claim in court.
Process. Any arbitration will occur in the Republic of Ghana. Arbitration will be conducted confidentially and in line with the Arbitration Laws of the Republic of Ghana. The state and federal courts located in Republic of Ghana will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Without prejudice to any other rights or remedies available to us under these Terms or otherwise, we shall be entitled to set off any amounts otherwise payable by us to you hereunder, against any liability of you to us, including any claims we have against you resulting from or arising from, your breach of these Terms.
There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under these Terms. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in these Terms.
We may determine, in our sole discretion, that it is necessary to obtain certain information about you in order to comply with applicable law or regulation in connection with selling Tokens to you. You agree to provide us such information promptly upon request, and you acknowledge that we may refuse to distribute Tokens to you until you provide such requested information and we have determined that it is permissible to distribute Tokens to you under applicable law or regulation.
Entire Agreement. These Terms set forth the entire agreement and understanding of the Parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.
Amendments. These Terms may be modified by Company at any time for any reason by placing modified Terms on the Site. We will provide notice of any amendment to these Terms by posting any revised terms to the Site and updating the “Last updated” field above accordingly or by any other method we deem appropriate. We are not obligated to provide notice in any other method beyond these. Any change to these Terms will be effective immediately upon such notice and apply to all purchases and use of MAZ Tokens.
Binding Agreement. These Terms provide the legally binding terms and conditions for the sale and purchase of the MAZ Tokens. By purchasing the MAZ Tokens, you acknowledge its understanding and acceptance. You are bound by the Terms in existence at the time of your purchase of MAZ Tokens. If you are making a purchase on behalf of the legal entity, you understand and accept these Terms on behalf of that entity (to which refers to “you” shall also apply) and warrant that you are duly authorized to act on behalf of that legal entity.
Successors and Assigns. Except as otherwise provided in these Terms, these Terms and the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. Company may assign any of its rights and obligations under these Terms. No other party to these Terms may assign, whether voluntarily or by operation of law, any of its rights and obligations under these Terms, except with the prior written consent of the Company.
Severability. In the event any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall nevertheless be binding upon Company and you with the same effect as though the void and unenforceable part had been severed and deleted.
Headings. The article headings of these Terms are included for the convenience only and shall not affect the construction or interpretation of these Terms.
Legislation. Any reference to a statute, statutory provision, ordinance, subordinate legislation, code or guideline ("legislation") is a reference to that legislation and all other subordinate legislation made under the relevant legislation as amended and in force from time to time and to any legislation that re-enacts or consolidates (with or without modification) any such legislation.
Acceptance. You expressly agree with and accept these Terms and all terms incorporated herein by reference by proceeding with the purchase of MAZ Tokens.
YOU MAY NOT PROCEED TO EFFECT PAYMENT USING THE MAZZUMA PAYMENT SERVICE IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TERMS OF USE AND SERVICE. WHERE YOU DISAGREE WITH ANY OF THE TERMS, WE RESPECTFULLY REQUEST THAT YOU DO NOT USE THIS SERVICE.
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