1. Introduction
    1. Welcome! The Website www.unizmo.com (the "Site") and our mobile software application (the "App") are operated by Unizmo, with offices located at 20 Georgian Cresent, Bryanston, Johannesburg South Africa (the "Company, We, Our or Us"). The Unizmo Site and App helps people who engage with the Site or App and agree to the within Terms and Conditions (together, "Users, Unizmo Users, You or Your") facilitate the washing of their car (collectively, the "Services"). These Terms and Conditions, which summarize and incorporate by reference our Privacy Policy, explain the contractual relationship between You and the Company regarding your use of, and access to the Unizmo Site and App, and Services, and constitute a binding legal agreement between You and the Company.
    2. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING THE UNIZMO SITE/APP AND/OR THE SERVICES, AND CHECK THEM PERIODICALLY FOR CHANGES. YOUR USE OF THE SITE IS SUBJECT TO AND CONDITIONED UPON YOUR AGREEMENT TO, AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE UNIZMO SITE/APP. BY COMPLETING THE REGISTRATION PROCESS, ACCESSING AND USING THE UNIZMO SITE/APP, AND USING THE SERVICES, YOU ARE INDICATING THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU HAVE READ, UNDERSTAND AND UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WHICH APPLY TO ALL SERVICES RENDERED WITHIN SOUTH AFRICA.
  2. Accepting these Terms and conditions
    1. Your use of the Unizmo Site/App, or any other Company software licensed through a third-party distributor is also governed by any applicable current end user license agreement ("EULA") made available through the third-party distributor. In the event of a conflict between any provision in these Terms and Conditions and any EULA, the conflicting provision in these Terms and conditions will prevail.
    2. We may in Our sole discretion and at any time, change, add, or delete portions of these Terms and Conditions and/or any other terms on the Site. We will notify You of any such material changes. Your continued use of the Site following such notice constitutes Your acknowledgment and acceptance of, and agreement to, such changes.
    3. You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge, and which include, but are not limited to, Your use of the Unizmo Site/App, and receipt of data, materials and information available at or through the Unizmo Site/App, the possibility of Our use or display of Your Submissions (as defined below in Section 15), and the possibility of the publicity and promotion from Our use or display of Your Submissions. Where we use any submissions from yourself, usage of same shall be governed in terms of our Privacy Policy.
  3. Use of the Unizmo Site/App
    1. Unizmo Users must create an Account to access the Services ("Account"). Unizmo Users shall access and use the Unizmo Site/App only for personal purposes, and only as long as they are in compliance with all provisions of the Agreement. Unizmo Users shall not use the Unizmo Site/App in any way that violates the law or the terms of this Agreement, or harms Us, or any other person or entity, as determined in Our sole discretion.
    2. You may close your Account and cease to be a Unizmo User at any time via the Unizmo User Interface or by sending Us written notification via email to support@unizmo.com. If your Account is closed or suspended, either by You or by Us, same shall not relieve You of any payment obligations that You incurred in connection with the Services while the Account was active.
    3. We or third parties authorized by Us may from time to time place commercial content on the Unizmo Site/App. We have no control over for the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do We endorse, guarantee, or are We responsible for such content (even if Unizmo Users receive any benefits related to the Unizmo Site/App in connection with such third party offers). It is Unizmo User's responsibility to understand and accept the terms and payment obligations of all such content that Unizmo Users pursue.
    4. Occasionally, the Unizmo Site/App may experience interrupted service, delays or errors. This may be due to a number of reasons including maintenance that We perform on the Unizmo Site/App, as well as reasons beyond Our control. We will attempt to provide You with prior notice of any interruptions, delays or errors, but cannot guarantee that such notice will be provided. Should You experience any such issues, please contact us via support@unizmo.com so that we may address the issue.
    5. Minimum hardware and software requirements for use of the Unizmo Site/App may be posted from time to time. However, We do not guarantee the access to or performance of the Unizmo Site/App even if Unizmo Users meet such minimum requirements.
    6. We may, in Our sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Unizmo Site/App or Services with or without notice to You. We may, in the future and in Our discretion, impose charges for accessing any or all portions of the Unizmo Site/App or Services, in which event We will provide notice before such access is granted and charges incurred. We shall not be liable to You or any third party should We exercise Our right to modify or discontinue the Unizmo Site/App or Services. If You object to any such changes, Your sole recourse will be to cease accessing the Unizmo Site/App or Services. Your continued access of the Unizmo Site/App or Services following any such changes shall constitute Your acknowledgement of and agreement to such changes, and Your satisfaction with the Unizmo Site/App or Services as so modified. You agree that We may in Our sole discretion and at any time, in any way, for any reason, immediately terminate Your access to the Unizmo Site/App and Services. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE UNIZMO SITE/APP OR SERVICES. TERMINATION OF YOUR ACCOUNT SHALL IN NO WAY MODIFY OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE UNIZMO SITE/APP OR SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
  4. Accounts
    1. To set up an Account, You must provide, among other things, your name, a functioning mobile phone number and e-mail address where You can be reached, a password of your selection which You agree not to transfer to or share with any third parties, and a method of payment (collectively, Your "Account Information"). The mobile telephone number must be SMS-capable so that You may receive temporary verification codes from Us for purposes of verifying Your identity and keeping Your Account secure. You agree to provide true, accurate, current and complete information for Your Account.
    2. You are solely responsible for all use of Your Account Information and activities, act or omission of any third party, including without limitation any act or omission in violation of these Terms and Conditions, that may occur under or in connection with Your Account. You shall notify Us immediately by sending an email from www.unizmo.com or to support@unizmo.com if you become aware that Your Account Information is being used without Your authorization.
    3. We reserve the right to take any and all action as deemed necessary or reasonable in Our sole discretion, to ensure the security of the Unizmo Site/App and Your Account, including without limitation terminating Your Account, changing Your password, or requesting additional information to authorize transactions on Your Account.
  5. Services and Pricing
    1. We offer multiple types of service. While we do not charge fees to use the Unizmo Site/App, complete pricing information is presented to You through the Unizmo Site/App (such pricing information hereinafter referred to as a "Package"). Any Package Price presented to You via the Unizmo Site/App is valid for a specified period of time.
    2. From time to time, We may beta test new services and invite You to participate. If You are invited to participate and agree to do so, You may be asked to agree to additional Terms and Conditions.
  6. Scheduling Service
    1. These Terms and Conditions, together with the Additional Terms and any other terms on the Site shall govern any request for Services You submit through the Unizmo Site/App ("Scheduled Washes, Scheduled Wash").
    2. You understand and acknowledge that all Scheduled Washes for cars are made via the Unizmo Site/App are being upheld by third party service providers, and that the service will be carried out by equipment and products supplied by Unizmo but that is owned by and/or affiliated with such third-party service provider.
    3. In the event We or the applicable Service Provider cannot fulfill the Scheduled Wash, We will use commercially reasonable efforts to contact You via the contact information associated with Your Account. We shall not be liable or responsible to You in the event we cannot accept or fulfill a Scheduled Wash.
    4. You authorize Us to charge Your Account for any additional costs and/or services incurred by You in connection with Your use of the Services.
    5. Any information related to the times for Services (including completion time of the service) are estimates only ("Time Estimates") and provided for Your convenience. Time Estimates shall not constitute a guaranteed or comprehensive time and You shall not rely on Time Estimates.
  7. Payment, Receipts and Refunds
    1. Payment for Services shall be made through the Unizmo Site/App. To pay for Services through the Unizmo Site/App, You shall provide Company with the payment information necessary to process a Package prior to making a Scheduled Wash. Your submission of Your payment information to Us constitutes Your authorization to Us to charge the applicable fees. You represent that You will not use any credit card, debit card or other form of payment unless You have all necessary authorization to do so. If a credit card charge or other form of payment is subsequently dishonored, same shall not relieve You of Your obligation to pay for the services You have received.
    2. At the conclusion of your Payment, you will sent a receipt via e-mail. We reserve the right to issue amended receipts in the event the amount appearing on the original receipt is inaccurate.
    3. We reserve the right to issue refunds in our discretion. All refunds shall be in the form of Account credit or at the Customer's election, reversal of charges on the Customer's credit card. Under no circumstances will we disburse cash in lieu of credit refunds.
    4. Some banks and credit card companies impose fees for certain transactions. Such fees are determined solely by Your bank or credit card company and We are not responsible for payment of any such fees. If You have any questions about these fees or the exchange rate applied to Your Reservation, please contact Your bank or credit card company.
    5. Credit cards/Debit Cards do not include pre-paid cards, one-time cards, gift cards, virtual cards, anonymous cards and reloadable cards.
    6. You agree to pay a late fee equal to 10% for all balances that remain unpaid 90 days after the date of service. If We are required to refer Your account to collection (including, but not limited to referral to a collection agency or attorney), You agree that in addition to the charges and late fees which may be due, You will reimburse Us for the collection costs on an attorney client scale. If Your account is subject to any discount, deal or promotion, You will lose the benefit of the discount, deal and/or promotion on the 91st day after the date of service if payment is not received by the 90th day. The discount, deal and/or promotion will be reinstated in Our discretion, and only after Your account balance has been paid in full. We reserve the right to discontinue service to You in the event you maintain an open balance on your account that is more than 90 days old.
  8. Account Credits and Promotions
    1. From time to time, We may offer promotions, deals or discount codes for the Unizmo Site/App. We may in Our sole discretion establish, modify, suspend, end, reject or refuse to honor such promotions, deals or discount codes at any time, however we shall use all reasonable methods to notify you of any changes 7 day(s) prior to the change taking effect. We reserve the right to set limitations on the use of promotions, deals and/or discount codes. Opening multiple accounts on the same device for purposes of redeeming a promotion, deal and/or discount code more than once is prohibited and shall result in the forfeiture of all promotional credits and/or suspension of the accounts. Additional terms regarding promotions, deals or discount codes will be posted on the Site or in the Unizmo Site/App.
    2. Promotional credits and customer care credits ("Account Credits") may be applied to the immediately subsequent Scheduled Washes You receive through Us until used in full. Account Credits are non-transferrable, may not be redeemed for cash, and expire one year from the date of issuance.
  9. Cancellations and No-Shows
    1. Any cancellations, no-shows or failure to be present to accept Scheduled Washes shall be governed by Our current cancellation policy, which may be found in our FAQ's.
  10. Lost Property.
    1. We are not responsible for any personal property left in a User's car. We strongly recommend You being present throughout the interior cleaning of your vehicle. If you feel something has been misplaced, please contact our customer support team or www.unizmo.com so that they may put you in touch with your Unizmo Operator directly.
  11. Mobile Communications
    1. By accessing and using the Unizmo Site/App, You acknowledge and agree that You may receive certain communications from the Unizmo Site/App including without limitation SMS, MMS, text messages, mobile emails, push notifications, or other electronic communications means (collectively "Mobile Communications"). By accessing and using the Unizmo Site/App via mobile devices, or by using certain mobile features including without limitation sending or receiving Mobile Communications, You may incur fees from the provider or carrier of the mobile services that You use ("Carrier") and You shall be solely responsible for the payment of such fees.
  12. Electronic Communications
    1. You (i) consent to receive communications from Us in an electronic form (including via phone call, e-mails and text message), including without limitation marketing and promotional Communications, advertisements and telemarketing messages; and (ii) agree that all Terms and Conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that We provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and Our agreement to do so, applies to all of Your communications and transactions with Us. The foregoing does not affect Your non-waivable rights. You may withdraw your consent to receive marketing and promotional Communications, advertisements and telemarketing messages by contacting Us via email at www.unizmo.com. The withdrawal of Your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided by Us or any business transacted prior to the time You withdraw Your consent. You shall keep Us informed of any changes in your email address so that You continue to receive all Communications without interruption.
  13. Proprietary Rights
    1. The design of the Unizmo Site/App, and all content, services, features, data, text, artwork, images, photographs, graphics, drawings, videos, audiovisual works, scripts, logos, copyrights, trademarks, service marks, patents, slogans, trade names, trade secrets, trade dress, format, design, User interface, software, information, functions, computer games, dialogue, ideas, concepts, suggestions, stories, screenplays, music, lyrics, sound recordings, profiles, appearances, performances, and/or other similar materials displayed on or that can be downloaded from the Unizmo Site/App, are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents of the App are © 2017, all rights reserved. You may not modify the information or materials displayed on or that can be downloaded from the Unizmo Site/App in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. All material (collectively, the "Content") appearing on or in the Unizmo Site/App, including but limited to the images, video, text, terms and conditions, privacy policy, source code, designs, or anything else that is delivered when you use the Unizmo Site/App, is protected intellectual property owned by Us. You may use the Content under and according to these Terms, but all other uses are prohibited and will be treated as an infringement of our intellectual property rights. You shall not:
      1. sublicense, sell, assign or otherwise share the Content with anyone;
      2. duplicate any part of the App or any Content appearing on the App, for any purpose (except as expressly provided elsewhere in these Terms);
      3. distribute, share, trade or create any derivative works based on the Unizmo Site/App, or any of the Content, and you agree that any such use is NOT "fair use";
      4. use the Unizmo Site/App and/or any of the Content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT "fair use";
      5. post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of the Content to or through any websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social sites, video hosting "tube" sites, or any other similar technology;
      6. remove any copyright or other proprietary notices from any of the Content; or
      7. circumvent any encryption or other security tool(s) used anywhere on the Unizmo Site/App. You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited and will in all instances be considered commercial uses. Any license granted to You will terminate and be immediately revoked upon Your use of any Content in violation of this Section.
  14. Submissions
    1. "Submissions" are any information, text, messages, concepts, suggestions, feedback, stories, screenplays, treatments, formats, artwork, photographs, videos, audiovisual works, musical compositions including lyrics, sound recordings, recordings, actions, appearances, performances Your or another persons' name, likeness, voice, Username, profile, and/or other biographical information or material, and/or other similar materials that You email, post, upload, embed, display, publish, communicate or otherwise submit (collectively, "Submit") on or through or to the Site. Submissions may be publicly displayed on Our site. You warrant and represent that You are the rightful owner of all of the rights to Your Submissions (including without limitation moral rights) or have the appropriate license or sublicense rights from the owner, without the need for any permission from or payment to any other person or entity, and that the information You Submit to the Site is true and accurate. You are entirely and solely responsible for all Your Submissions and the consequences of submitting them to, or posting or publishing them on, the Site.
    2. We do not accept, review or otherwise consider unsolicited Submissions and request that Unizmo Users do not submit any unsolicited Submissions. Unizmo Users acknowledge that there is no confidential or fiduciary relationship between Unizmo Users and Us whatsoever and that We will not review or offer any consideration or compensation for any Submissions. Unizmo Users hereby grant to Us and Our officers, directors, employees, agents, licensees, distributors, representatives and affiliates, a non-exclusive, perpetual, irrevocable, unrestricted, fully-paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all intellectual property rights You own or control to use, reproduce, distribute, transmit, prepare derivative works of, publicly display, index, comment on, modify, perform and otherwise exploit Your Submissions, in whole or in part, for any purpose and in any media formats and channels (including among others on other Websites, and in products and services offered by Us) now known or subsequently devised, in each case without compensation, attribution, liability or notice to You and without the requirement of any permission from or payment to You or to any others. If You request in writing that We remove Your Submissions from the Site, We will remove any public display of Your Submissions and the license granted by You to Us shall terminate (except that We shall not be required to change any materials used by Us that already include Your Submissions).
    3. No portion of Your Submission shall be subject to any obligation of confidence on Our part and You should expect no privacy with respect to Your Submissions, except for personally identifiable information ("PII") that is subject to Our Privacy Policy and is not made publicly available by You. PII is information that is personal to a User and which can be used to identify or contact a User, including first and last name, home or other physical address including street name and city or town, email address, telephone number, Social Security number, or any other identifying information that would permit physical or online contact with a User.
    4. We reserve the right to decide, in Our sole discretion, whether, where, and how a Submission is published on the Site. If We have questions about Your Submissions, We may contact You for further information (including, but limited to, to verify that You own the copyright or other intellectual property rights). Although We have no obligation to review any Submissions, We reserve the right, in Our sole discretion, to edit or remove any and all Submissions, without prior notice.
  15. Rules of Conduct
    1. In connection with Your use of the Site, its Content, and any and all Submissions, You agree to abide by all applicable local, national and international laws and regulations and not, nor allow or facilitate others, to violate or infringe any rights (including, but not limited to, copyrights, rights of publicity or privacy, confidentiality and trademarks rights) of others, Our policies or the operational or security mechanisms of the Site. Without limiting the foregoing You shall NOT: Use the Site or Unizmo Site/App (including, but not limited to, in any Public Forums (as defined below) or other communication systems provided by the Site or Unizmo Site/App) or any of its Content, including, but not limited to, Your or other Unizmo Users' User Submissions, to promote, conduct, or contribute to activities that in Our sole discretion are profane, defamatory, infringing, fraudulent, obscene, pornographic, indecent, commercial, inappropriate or illegal, including, but not limited to, pyramid schemes, surveys, contests, chain letters, gambling, junk e-mail, spamming, promoting hatred towards any group of people or conduct that can reasonably be expected to harm others. Use the Site or Unizmo Site/App in any manner which could damage, disable, overburden, or impair the Site or Unizmo Site/App, or interfere with the access, use or enjoyment of this Site of Unizmo Site/App by others, including, but not limited to, causing greater demand on the Site or Unizmo Site/App than is deemed reasonable by Us, attacks such as "flaming" other Unizmo Users in a manner that might incite or perpetuate a conflict or argument, creating Usernames to attack other Unizmo Users' identities. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Harvest, compile or otherwise collect PII about another Unizmo User through the Unizmo Site/App (including, but not limited to, email addresses). Copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works of any portion of the Unizmo Site/App, or any of their Content. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Unizmo Site/App. Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Unizmo Site/App, their Content, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Unizmo Site/App or Content. Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Unizmo Site/App or their Content except if and to the extent permitted by applicable law. Use any robot, spider, other automated device or any tool-bar, Web-bar, other Web-client, device, software, routine or manual process, to monitor or scrape information from the Unizmo Site/App, or bypass any robot exclusion request (on headers or anywhere else on the Unizmo Site/App). Use any meta tags or any other "hidden text" utilizing any Content or intellectual property rights owned by, or licensed to, or by, Us. Access or attempt to access any other of Our systems, programs or data that are not made available by Us for public Use. Create or provide any other means through which the Site or Unizmo Site/App may be accessed, for example, through server emulators, whether for profit or not.
    2. We cannot and do not assure that other Unizmo Users comply with this Agreement, and Unizmo Users assume all risk of harm or injury resulting from any such lack of compliance.
  16. Privacy
    1. Your use of the Site and Services, and certain information about UNIZMO USERS, is subject to Our Privacy Policy, located at www.unizmo.com/privacy which is hereby incorporated and made part of this Agreement. By accessing this Site, UNIZMO USERS consent to the collection and use of information as described in Our Privacy Policy, as same may be amended by Us from time to time.
    2. You hereby provide Company with full, irrevocable authority to provide data concerning Your name, mobile telephone number and car information to Company's onsite Unizmo Operator. Additionally, if you provide additional information through any additional features that information will be disclosed to the relevant Unizmo Operator. No other data about You will be disclosed to the Unizmo Operator.
    3. This Site and the App are not directed at Users under the age of eighteen (18) and do not knowingly collect any PII from Users under the age of 18. If a parent or guardian believes that this Site or the App have collected the PII of a User under the age of 18, please contact Us at support@unizmo.com.
    4. You acknowledge and accept that, despite our efforts, there may be times or situations when your PII is inadvertently disclosed by Us or by a third party to whom we have disclosed Your PII. You hereby accept that risk and waive any and all claims, causes of action, damages and liability against Us in the event of inadvertent or disclosure of PII due to breach of Our internal controls.
  17. Disclaimers of all Warranties
    1. THE UNIZMO SITE/APP AND THEIR CONTENTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE UNIZMO SITE/APP OR ITS CONTENT OR THE SERVICES SHALL MEET YOUR REQUIREMENTS, OR SHALL BE AVAILABLE, UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE OR ITS CONTENT OR THE SERVICES IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH USERS' SUBMISSIONS. SUBJECT TO APPLICABLE LAW, USERS' ASSUME THE ENTIRE COSTS OF ANY AND ALL REPAIR OR CORRECTION. YOUR USE OF THIS SITE AND ITS CONTENT AND USERS' SUBMISSIONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
    3. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH REGARD TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING, BUT NOT LIMITED TO, CREDIT CARD INFORMATION AND OTHER PII), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    4. WE DO NOT CLAIM OR PROMISE THAT ANY SCHEDULED WASHES, ARRANGED USING THE UNIZMO SITE/APP WILL IN FACT OCCUR.WE ALSO DO NOT MAKE ANY CLAIM OR PROMISE REGARDING THE TIMING, DURATION OF THE SCHEDULED WASH. YOU HEREBY AGREE AND ACKNOWLEDGE THAT WE HAVE MADE NO SUCH CLAIMS OR PROMISES AND THAT WE SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES.
    5. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  18. Indemnification
    1. UNIZMO USERS SHALL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR ACCOUNT INFORMATION AND PII, AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER THEIR ACCOUNT. UNIZMO USERS HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT UNIZMO USERS' OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY'S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF OR ACCESS TO THIS SITE, ITS CONTENT, PII, UNIZMO USER SUBMISSIONS OR THE SERVICES. UNIZMO USERS SHALL USE THEIR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
  19. Payment options accepted
    1. Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Unizmo bank account, the details of which will be provided on request.
  20. Card acquiring and security
    1. Card transactions will be acquired for Unizmo via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
  21. Customer details separate from card details
    1. Customer details will be stored by Unizmo separately from card details which are entered by the client on DPO PayGate's secure site. For more detail on DPO PayGate refer to www.paygate.co.za
  22. Merchant Outlet country and transaction currency
    1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
  23. Responsibility
    1. Unizmo takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
  24. Variation
    1. Unizmo may, in its sole discretion, change this agreement or any part thereof at any time without notice.
  25. Limitation of Liability and Damages Cap
    1. LIMITATION OF LIABILITY AND EQUITABLE RELIEF. IN NO EVENT SHALL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY INJURY, INJURY TO PROPERTY, DEATH, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF: (i) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES LINKED TO THE UNIZMO SITE/APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES OR ON THE UNIZMO SITE/APP, (ii) ANY CONDUCT BY OR ON BEHALF OF US THAT CONSTITUTES, OR MAY CONSTITUTE, A CIVIL VIOLATION OF THE CYBERCRIMES AND CYBERSECURITY BILL 2017 AND AS MAY BE AMENDED FROM TIME TO TIME, OR (iii) ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, MOBILE DEVICE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE UNIZMO SITE/APP, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM US, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL RIDERS, SUBSCRIBING ORGANIZATIONS (INCLUDING WITHOUT LIMITATION ANY OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES THEREOF), AND ANY AGENTS, REPRESENTATIVES OR ASSIGNS THEREOF, HEREBY WAIVE ANY CLAIMS FOR EQUITABLE RELIEF AGAINST US, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT THE SERVICES OR FOR THE REASONS SET FORTH HEREIN, WHETHER OR NOT SUCH SERVICES WERE USED BY SUCH PERSONS OR ENTITIES.
  26. Basis of the Bargain
    1. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES, SET OUR PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN; THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US; AND THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
  27. Releases
    1. The Unizmo Site/App provide You with access to an onsite Unizmo Operator. Your contract for the use of Services is directly with your Unizmo Service Provider. You agree and acknowledge that We are not liable to you, and you hereby waive any claims, causes of action, damages or liabilities, against Us with respect to any claim for injury to person or property, loss of property, or death, arising from (a) the conduct or negligence of the Unizmo Service Provider and their operators, (c) breach of any contract you may have directly with the Unizmo Service Provider or operator.
    2. YOU HEREBY RELEASE COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM CLAIMS, DEMANDS ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF THE UNIZMO SITE/APP OR SERVICES.
  28. General Provisions
    1. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under this Agreement shall not constitute a waiver of such term.
    2. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect.
    3. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
    4. This Agreement, the Additional Terms, any other terms on Our Site and Our Privacy Policy comprise the entire agreement between You and Us, state Our and the Transportation Providers' entire liability, and Your exclusive remedy with respect to the Site and Services, and supersede all prior agreements pertaining to the subject matter of this Agreement and such terms, rules and policies.
    5. The section titles in this Agreement are used solely for the convenience and have no legal or contractual significance. No provision of this Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis.
    6. The terms of this Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.
    7. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
    8. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or use of the Unizmo Site/App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
    9. We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to Us in writing via mail, via email to support@unizmo.com, or as otherwise expressly provided. If You have any questions or concerns about our App or Site, our Services or your Scheduled wash, or any other questions, You may contact Us via email at support@unizmo.com
  29. APPLICABLE LAW AND JURISDICTION
    1. This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa.
    2. The Parties hereby consent and submit to the exclusive jurisdiction of the South Gauteng High Court of the Republic of South Africa in any dispute arising from or in connection with this Agreement.