www.zimbapays.com, together with its destination micro-sites (collectively, the “Site”), is a property of Gozimba Inc. (hereinafter referred to as “Gozimba,” “us,” “we,” “our,” or “Company”). These Terms of Service (“Terms,” “Agreement”) apply to all users of the Site and all Services offered through it.
If you do not agree to these Terms, please do not use the Site or Services.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. You may not use the Site or Services if you are not of legal age to form a binding contract with the Company, or are prohibited by law from using the Services.
These Terms are written in English. If you reside outside the Province of Quebec, the Company may modify these Terms from time to time; changes will be posted to the Site with a revision date, and continued use after posting constitutes acceptance.
If you reside in the Province of Quebec: the Company will give at least 30 days' notice before any amendment takes effect, describing the new and former clauses and the effective date. If an amendment increases your obligations or reduces the Company's obligations, you may refuse it and cancel this Agreement without cost by notifying the Company within 30 days after the amendment takes effect.
The parties confirm that they have requested this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
Our Privacy Policy, incorporated into these Terms, explains how we handle your personal Information. It may be updated from time to time, effective upon posting.
Your account with the Company is a single account associated with the Zimbapays platform generally, not with any one destination. Once you register and link a qualifying bank account or card through Plaid, that link and your transaction history apply across every destination site you use — you do not need to re-register or re-link for each new destination or trip.
You may direct the Company to retrieve your own financial transaction information maintained by third parties with which you have a relationship (“Account Information”). The Company works with Plaid to access this Account Information on your behalf.
The Company cannot always foresee or prevent technical difficulties that may result in failure to obtain or loss of data. We are not responsible for the timeliness, accuracy, or non-delivery of any user data. You can update your Account Information through the Services as instructed.
To begin earning cash back, you must sign up with a valid email address and link a qualifying debit or credit card or bank account. Some exclusions may apply, and the Company determines in its sole discretion whether a linked account qualifies.
You may earn cash back based on actions or transactions described in a particular offer (“Offer”) made by the Company, a merchant, a Destination Partner, or another third party via the Site. Offers may carry additional terms set by us or a third party, and may be updated, suspended, or cancelled at any time. Offers are not transferable and may not be available to all users.
Cash back is earned on eligible purchases as described in an Offer, based on gross purchase amount, and is not earned on purchases made before you created an account and linked your qualifying account. Cash back is not transferable.
Cash back will only be issued for bona fide completed transactions. You may not create multiple accounts, impersonate another person, or use automated means to circumvent these restrictions. If we determine you attempted to earn cash back fraudulently, we may withhold cash back, terminate your account, and/or report you to authorities.
Users earn cash back in connection with legitimate commercial, personal, and household spending (“Qualifying Transactions”). The Company may review and reverse cash back accruals it determines, in its sole discretion, do not constitute a Qualifying Transaction, and may disable accounts with repeated non-qualifying activity. Not all transactions may be eligible for cash back if the Company is unable to obtain the necessary transaction information from Plaid or the applicable payment network.
If you return, dispute, or receive a refund for a Qualifying Transaction for which you already received cash back, we will reduce your cash back balance accordingly, or offset it against future cash back if your balance is insufficient.
Cash back redemption is facilitated through the Site. Currently, the Company facilitates cash back redemption through Interac e-Transfer. The Company reserves the right to set a minimum redemption threshold and to charge a transaction fee for redemptions below that threshold, which will be disclosed before the redemption proceeds.
You acknowledge that accrued cash back funds will be held by the Company as trustee, which may hold such monies in any account it sees fit, including commingled with the Company's own or other users' monies. The Company is not a fiduciary for any user. User funds may be used to support Company operations and growth.
The Company may change or terminate the Services, cash back rewards, and benefits at any time, for any reason, generally with two weeks' advance notice to active users except where a shorter period is required or permitted by law. Upon termination, unredeemed cash back will be forfeited without liability to the Company.
To use the Services, you must sign up with an email address (“LoginID”) and other requested information. The Company alone determines whether to approve your account and may verify your identity. You agree to keep your Registration Information accurate and current, and to keep your password confidential. Notify the Company immediately at chat@gozimba.com if you suspect unauthorized use of your account.
Your right to use the Site and Services is personal and non-transferable. You must provide true, accurate, and complete Account Information. Access may be interrupted from time to time for maintenance or other reasons; the Company is not liable for any resulting loss. Your sole remedy for any service failure is the Company's commercially reasonable effort to repair it.
The Company currently charges no fees for the Site or Services but reserves the right to introduce fees with notice. You are solely responsible for any tax liability arising from your receipt or redemption of cash back.
The Site and Services, including their content, design, and software, are protected under Canadian and other applicable law and belong or are licensed to the Company. You may view and use the Services under these Terms and may download or print content for personal, non-commercial use only. Any other use requires our prior written consent.
You may not use automated tools to access or scrape the Services, transmit malicious code, reverse-engineer the Services, impersonate any person, harass others, or attempt unauthorized access to any account or system connected to the Services, among other prohibited uses described in the Company's standard policies.
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR SERVICES, AND DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
EXCEPT WHERE PROHIBITED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR LOSS OF PROFIT, REVENUE, OR BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, SERVICES, OR THIS AGREEMENT.
YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, ITS TECHNOLOGY PARTNERS, AND MERCHANTS FOR ANY CLAIMS REGARDING CASH BACK REWARDS IS LIMITED TO A LIFETIME AMOUNT OF $1,000 CAD, WHETHER IN A SINGLE OR MULTIPLE CLAIMS.
You agree to indemnify and hold harmless the Company and its officers, directors, shareholders, and employees from claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your breach of this Agreement or your use of the Services.
This Agreement continues until terminated. To close your account, email chat@gozimba.com; your cash back balance will be forfeited upon deletion. The Company may terminate your access for breach of this Agreement, where required by law, or for any reason with notice.
The Company may modify or discontinue the Site or Services at any time, with or without notice. Continued use after notice of a change constitutes acceptance of that change. The rewards program is void where prohibited by law.
The validity, interpretation, and performance of these Terms is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute will be referred to and finally resolved by a single arbitrator under the Arbitration Rules of the ADR Institute of Canada, Inc., as described in the Company's standard arbitration terms.
If any clause is found illegal or unenforceable, that clause will be severed and the remainder of the Agreement given full force and effect.
If any portion of this Agreement is declared illegal or unenforceable, the remainder will remain valid and enforceable to the fullest extent permitted by law.
The Company is responsible for complying with Canada's Anti-Spam Legislation (CASL) in its communications with you. You consent to receive communications electronically, and agree that electronic notices satisfy any legal requirement that such communications be in writing.
Headings in this Agreement are for convenience only and do not define or limit the scope of any provision.
If you have questions about these Terms, contact us:
Gozimba Inc.,
204 The West Mall, Suite 900,
Etobicoke, ON, Canada, M9C 1C5,
email: chat@gozimba.com