Terms and Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the Vhalemba Mining website located at https://vhalemba.com/ (“Website”).

The Website is operated by Vhalemba Mining (“Vhalemba Mining”, “we”, “us” or “our”).

By accessing or using this Website, you agree to comply with these Terms. If you do not agree with any part of these Terms, please do not use the Website.

These Terms should be read together with any other policies or notices published on the Website, including our Privacy Policy, where applicable.

2. About Vhalemba Mining

Vhalemba Mining is a Zimbabwe-based business operating from Harare, Zimbabwe.

Information concerning Vhalemba Mining, including our contact details and descriptions of our activities, is provided on the Website for general information and, where applicable, to facilitate enquiries concerning our goods and services.

Nothing on the Website constitutes an offer capable of acceptance unless expressly stated otherwise.

3. Use of the Website

You agree to use the Website only for lawful purposes and in a manner that does not:

  • violate any applicable law or regulation of Zimbabwe;
  • infringe the rights of Vhalemba Mining or any third party;
  • interfere with the security, operation or functionality of the Website;
  • introduce malicious software, viruses or other harmful code;
  • attempt to gain unauthorised access to the Website or its systems;
  • use the Website for fraudulent, deceptive or unlawful purposes; or
  • reproduce, copy, distribute or commercially exploit Website content without our prior written permission.

We reserve the right to restrict or suspend access to the Website where reasonably necessary to protect the Website, our business, our users or third parties.

4. Website Information

We endeavour to ensure that information published on the Website is accurate and up to date. However, information may occasionally contain errors, omissions or outdated material.

Website content may be changed, updated or removed without prior notice.

Information provided on the Website should not be interpreted as professional, legal, financial, geological, engineering, investment or other specialist advice unless expressly identified as such.

Where a specific contractual relationship exists between Vhalemba Mining and a customer, the terms of that specific agreement will apply to the extent permitted by applicable law.

5. Products and Services

Where Vhalemba Mining offers goods or services through the Website, descriptions, specifications, availability, pricing, delivery information and other relevant terms will be provided where applicable.

We reserve the right to correct errors in descriptions, prices, availability or other information before accepting an order or entering into an agreement.

Nothing in these Terms excludes or limits any consumer rights that cannot lawfully be excluded or limited under Zimbabwean law.

6. Electronic Transactions

Where goods or services are offered through an electronic transaction, Vhalemba Mining will provide applicable information required by Zimbabwean law, including relevant business and contact information, applicable pricing and transaction terms, payment information, delivery or service information, and applicable return, exchange or refund information.

Where applicable, customers will be given a reasonable opportunity to review an electronic transaction and correct errors before submitting an order.

7. Prices and Payment

Where prices are displayed on the Website, they are subject to change unless expressly stated otherwise.

Unless expressly stated otherwise, any applicable taxes, delivery charges, transaction charges or other costs will be disclosed before a transaction is concluded where required by law.

Payment methods accepted by Vhalemba Mining will be communicated to the customer at the relevant point of transaction.

8. Orders and Acceptance

Submitting an enquiry, request or order through the Website does not necessarily constitute acceptance by Vhalemba Mining.

An order or request becomes binding only when accepted by Vhalemba Mining or when a separate written agreement is concluded, where applicable.

We reserve the right to decline or cancel an order where, for example:

  • the requested goods or services are unavailable;
  • there is an obvious pricing or description error;
  • we reasonably suspect fraud or unlawful activity;
  • the transaction cannot be completed for operational or technical reasons; or
  • cancellation is otherwise permitted by law.

9. Delivery and Performance

Where Vhalemba Mining agrees to deliver goods or perform services, the applicable delivery date, location, method and other conditions will be communicated to the customer.

Unless otherwise agreed, Vhalemba Mining will use reasonable efforts to perform its obligations within the agreed or legally applicable timeframe.

If circumstances outside our reasonable control materially affect delivery or performance, we will communicate the relevant circumstances where reasonably practicable.

10. Returns, Refunds and Consumer Rights

Vhalemba Mining respects applicable consumer rights under Zimbabwean law.

Where applicable law provides a consumer with a right to cancel, return goods, obtain a refund or obtain another remedy, those statutory rights will apply.

Where Vhalemba Mining has a specific return, exchange or refund policy applicable to a particular product or service, that policy will be made available to the customer.

Nothing in our policies is intended to remove or reduce a right that cannot legally be excluded.

11. Intellectual Property

Unless otherwise stated, the Website and its content, including text, logos, graphics, photographs, designs, documents, branding and other materials, are owned by or licensed to Vhalemba Mining.

You may access and view Website content for your personal or legitimate business purposes.

You may not, without our prior written consent:

  • reproduce substantial portions of the Website;
  • modify or create derivative works from Website content;
  • commercially exploit Website content;
  • republish Website content on another website or platform; or
  • use Vhalemba Mining’s trademarks, logos or branding in a manner that suggests an unauthorised association or endorsement.

12. Third-Party Websites and Services

The Website may contain links to third-party websites or services.

These links are provided for convenience and do not necessarily constitute an endorsement by Vhalemba Mining.

We are not responsible for the content, availability, security, privacy practices or terms of third-party websites or services.

13. Website Availability and Security

We aim to keep the Website available and functioning properly but do not guarantee that it will always be available, uninterrupted, secure or error-free.

Website access may occasionally be suspended or interrupted for maintenance, upgrades, technical problems, security reasons or circumstances beyond our reasonable control.

14. Disclaimer and Limitation of Liability

To the maximum extent permitted by applicable law, Vhalemba Mining will not be liable for losses arising from your use of the Website where such losses result from circumstances beyond our reasonable control, including technical failures, telecommunications failures, interruptions to third-party services or unauthorised acts by third parties.

Nothing in these Terms excludes, restricts or limits liability or consumer rights where doing so would be prohibited by Zimbabwean law.

15. Indemnity

To the extent permitted by law, you agree to indemnify Vhalemba Mining against reasonable losses, claims, damages and expenses arising directly from your unlawful use of the Website, your violation of these Terms, or your infringement of the rights of Vhalemba Mining or a third party.

This clause does not require you to indemnify Vhalemba Mining for matters that cannot lawfully be imposed on a consumer or for losses caused by Vhalemba Mining’s own unlawful conduct.

16. Privacy and Personal Information

Vhalemba Mining may collect and process personal information when you interact with the Website, contact us, submit an enquiry or otherwise use our services.

Any personal information collected through the Website should be handled in accordance with our applicable Privacy Policy and Zimbabwean data-protection requirements.

17. Communications

When you provide us with your contact details, we may use them to respond to enquiries, provide requested information, administer transactions and communicate with you regarding our goods or services.

Where electronic commercial communications are sent, Vhalemba Mining will comply with applicable legal requirements concerning such communications.

18. Complaints and Dispute Resolution

If you have a complaint concerning our Website, goods or services, please contact us first so that we can attempt to resolve the matter.

Email: unite@vhalemba.com

Telephone: +263 77 107 1674

Address: 946 Falls Close, Parktown, Waterfalls, Harare, Zimbabwe

We will consider complaints in good faith and endeavour to resolve legitimate complaints within a reasonable period.

Nothing in these Terms prevents a consumer from exercising any statutory right to seek redress, lodge a complaint with a competent authority, use applicable alternative dispute-resolution mechanisms or approach a court with appropriate jurisdiction.

19. Force Majeure

Vhalemba Mining will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control.

Such circumstances may include natural disasters, extreme weather, war, civil unrest, government action, strikes, epidemics, interruption of utilities or telecommunications, cyber incidents, transportation disruptions, or other events beyond our reasonable control.

20. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business, Website, services or applicable legal requirements.

The updated Terms will be published on the Website with an updated effective date.

21. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it lawful and enforceable where legally possible.

The remaining provisions will continue to apply to the extent permitted by law.

22. Entire Agreement

These Terms, together with any applicable policies, notices and specific contractual terms relating to particular goods or services, constitute the agreement governing your use of the Website, except where a separate written agreement applies.

23. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Zimbabwe.

Subject to any mandatory consumer rights, dispute-resolution procedures or jurisdictional requirements provided by Zimbabwean law, disputes relating to these Terms or your use of the Website will be subject to the jurisdiction of the competent courts of Zimbabwe.

24. Contact Us

Vhalemba Mining

946 Falls Close

Parktown, Waterfalls

Harare, Zimbabwe

Email: unite@vhalemba.com

Phone: +263 77 107 1674

Website: https://vhalemba.com/