Terms of Use

Terms of Use

1. Parties

The parties to these Terms of Use are you, and the owner of this ZamBantu Logistics website, ZamBantu Logistics Inc (“ZamBantu Logistics”, “ZamBantu Logistics Ltd,” “ZamBantu”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and ZamBantu Logistics Inc.

2. Use And Restrictions

Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, reproduce, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our hosting service providers.

3. Use of Artificial Intelligence (AI) Tools

ZamBantu may use artificial intelligence, machine learning, and automated decision-making technologies (“AI Tools”) in providing the Services, including but not limited to:

• customer support interactions;
• logistics forecasting and optimization;
• fraud detection and risk monitoring; and
• website features and user experience improvements.

By using the Services, you acknowledge and agree that:

• Informational Use Only. AI-generated outputs are provided for convenience and informational purposes only. They may contain inaccuracies, omissions, or other errors, and are not guaranteed to be complete or correct.
• No Professional Advice. AI outputs do not constitute legal, financial, shipping or other professional advice. You remain responsible for verifying any AI-generated information before relying on it.
• User Responsibility. You assume all responsibility for how you choose to use or rely on AI-assisted features. ZamBantu disclaims liability for damages arising from reliance on AI outputs.
• Human Oversight. Significant service or contractual decisions will not be made solely by AI. ZamBantu reserves the right to review, amend, or override AI outputs at its discretion.
• Third-Party AI Providers. Some AI functionality may be provided by third-party vendors. Use of such features is subject to those providers’ own terms and privacy policies.

4. Modification

We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. Your continued use of this site following our posting of a modification or update notice or new terms of use on this site will constitute binding acceptance of the modification or new terms of use.

5. Monitoring

We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.

6. Separate Agreements

You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

7. Ownership

The material provided on this site is protected by Copyright Act (R.S.C., 1985, c. C-42) including, but not limited to, Zambia’s Copyright and Performance Rights Act, 2010 and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

8. Warranty Disclaimers

8.1 General Disclaimer.

Except as may be provided in any separate written agreements signed by the parties, the services, content, and/or products on this site are provided “as-is”, and neither we nor any of our partners make any representation or warranty with respect to such products, services, and/or content. Except as may be provided in any separate written agreement signed by the parties or separate agreement originating from this site, this site and its partners specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to this site or products, services and/or content acquired from this site, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non-infringement, or fitness for any particular purpose. This site and its partners do not represent or warrant that this site, its products, services, and/or content: (a) will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, or (c) will be free of viruses or other harmful components.

8.2 Professional Advice.

Information provided on this website does not constitute professional advice. If you have legal, tax, regulatory, compliance, national or local or financial planning questions, you need to contact a qualified professional. We do not independently verify, nor do we seek independent verification of comments and statements that may be posted, verbalized or transmitted by others in blog or social media posts on this site or affiliated social media sites regarding our website, its products or services. For this reason, if others post “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.

8.3 Attorney–Client Relationship.

This site is not intended to create an attorney-client relationship, and no attorney-client relationship will be created or legal advice given through your use of this site, its services and content. No special relationship or privilege exists between you and this site. You will be representing yourself in any legal matter you undertake as a result of your use of this site, its services and content. This site provides (i) articles, newsletters, and content for informational purposes only. In the process of providing this information, this site is engaged in the publication of information regarding issues commonly encountered. This site is not a substitute for the advice of an attorney. This site does not review any of your answers to questions for sufficiency, provide legal advice, or analyse applicable law and apply it to your specific requirements.

8.4 External Resources.

Accordingly, if you need advice for a specific issue, or if your specific matter is too complex to be addressed by our automated software tool, you are advised to seek advise elsewhere. We may provide links to other sites from this website for your convenience. We do not endorse these sites and are not under our authority. We are not responsible for the information these linked sites provide or for the use you make of them. All trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners. Any rights not expressly granted herein are reserved.

8.5 Accuracy of Information.

We make every effort to ensure that the information and items listed on our website are up to date and correct. However, the accuracy of the information is NOT guaranteed, and is subject to change without notice. Updated information may not be immediately reflected on this web site. For several reasons, delays may occur when posting to the website.

8.6 Essential Terms.

These disclaimers constitute an essential part of this agreement. No purchase or use of the items offered by this site is authorized hereunder except under these disclaimers. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.

9. Limitation of Liability

In no event shall ZamBantu Logistics Inc., or its subsidiary, ZamBantu Logistics Ltd., affiliates, officers, directors, shareholders, employees, agents, sucessors, representatives, successors, or assigns (“ZamBantu Logistics Indemnified Parties”) be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages of any kind. This includes, without limitation, loss of data, revenue, profits, business, or other economic advantage, arising out of or in connection with:

• Your use of this site, its services, products, or content.
• Any errors, omissions, interruptions, or inaccuracies on the site.
• Any breach by you of these Terms, including your representations, warranties, or covenants.

You agree to indemnify and hold harmless the ZamBantu Logistics Indemnified Parties from any and all losses, costs, expenses, or claims arising out of your use of the site or violation of these Terms. Even if ZamBantu Logistics or its partners were advised of the possibility of such damages, liability is excluded to the fullest extent permitted by law.

9.1 Payments and Transactions.

By making a payment through our website, you agree to use the payment methods provided by ZamBantu Logistics Inc. or its authorized processors. All online payments made through ZamBantu Logistics Inc. are processed through Payment Card Industry Data Security Standard (PCI DSS)–compliant payment service providers. PCI DSS is a global security standard designed to ensure that cardholder data is handled, processed, and stored securely.

ZamBantu Logistics Inc. does not directly store or retain your full payment card details on our servers. All transactions are encrypted and transmitted securely to our authorized payment gateway for processing. We require that all partners or third-party payment processors we use maintain full PCI DSS compliance to protect your financial information.

To the extent permitted by law, ZamBantu Logistics Inc. is not responsible for errors, delays, outages, or security incidents occurring within third-party payment platforms beyond our reasonable control.

10. Links to This Site

We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

11. Links to Third Party Websites

We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use and privacy policy.

12. Participation In Promotions of Advertisers

You may enter correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

13. Arbitration

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration as follows:

Informal Resolution. If any dispute, controversy, or claim arises out of or relates to these Terms, the Services, or any transaction with ZamBantu Logistics, the parties agree to first attempt to resolve it in good faith by contacting us at info@zambantu.com. We will work with you in good faith for 30 days to resolve the matter informally.

Small Claims Option. Either party may bring an individual claim in the small claims court of the province or territory where you reside (if in Canada) or in Lusaka, Zambia, provided the claim qualifies under that court’s monetary limits.

Arbitration (Business Users). Where you represent and warrant that you are using the Services for business or commercial purposes (and not as a consumer), any dispute not resolved informally shall be finally settled by binding arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (ADRIC), or such other rules as the parties may agree.

Seat / Place of Arbitration: Toronto, Ontario, Canada.
Governing Law: The laws of Ontario and the federal laws of Canada applicable therein, excluding conflicts-of-law rules.
Language: English (or French if agreed).
Number of Arbitrators: One (or three if the claim exceeds CAD $50,000).
Confidentiality: All proceedings are confidential except to the extent required for enforcement.
Injunctive Relief: Either party may seek interim or injunctive relief in a court of competent jurisdiction.
Costs: The tribunal may apportion costs, including legal fees.
Class/Representative Actions: To the fullest extent permitted by law, arbitration shall be conducted on an individual basis only.

Consumers (Canada). If you are a consumer resident in Canada: You retain all non-waivable rights under the consumer protection laws of your province or territory. In particular, in Québec (and potentially Ontario, British Columbia, Alberta, and other provinces), pre-dispute mandatory arbitration and class-action waivers may not apply to you. You may choose court proceedings in your province or territory after a dispute arises, and any arbitration or class-action waiver in these Terms shall not apply to the extent prohibited by law. You may still voluntarily agree to arbitration after a dispute arises.

International Operations (Zambia). For services provided by or through ZamBantu’s Zambian subsidiary: The governing law of this Agreement remains Ontario law, unless otherwise required by Zambian law. Disputes may be brought in small claims court in Lusaka, Zambia (if eligible), or, if the parties agree, may be referred to arbitration in Lusaka under the Arbitration Act of Zambia. Nothing in this section limits the ability of either party to seek enforcement or interim relief in Zambian courts.

Opt-Out Right (where permitted). If you are a consumer resident in Canada, you may opt out of the arbitration requirement within 30 days of accepting these Terms by emailing info@zambantu.com with your name, the email tied to your account, and a statement that you opt out of arbitration.

The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs consistent with the rules applicable in the Arbitration Act.

14. Controlling Law

This Agreement shall be construed under the laws of Canada and the Republic of Zambia, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

15. Onward Transfer of Personal Information Outside Your Country of Residence

Any personal information which we may collect on this site will be stored and processed in our servers located in North America. If you reside outside North America, you consent to the transfer of personal information outside your country of residence to North America.

16. Severability

If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided.

17. Force Majeure

We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, fake news or communications failures.

18. Privacy

Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.

19. Notices of Infringement and Takedown by ZamBantu Logistics Inc.

ZamBantu Logistics Inc. prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on our website, please write to ZamBantu Logistics Inc at the address shown below, giving a written statement that contains:

• (a) Identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
• (b) Identification of the allegedly infringing material on the website that is requested to be removed;
• (c) Your name, address, and daytime telephone number, and an e-mail address if available;
• (d) A statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
• (e) A statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
• (f) The signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

ZamBantu Logistics will remove any posted submission that infringes the copyright or other intellectual property right of any person under Canadian and/or Zambian law upon receipt of such a statement (or any statement in conformance with applicable Canadian and/or Zambian law). Canadian and Zambian laws provide significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from interfacing with ZamBantu Logistics Inc’s site.

ZamBantu Logistics’ contact for submission of notices is: info@zambantu.com