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Monday, 08 October 2007 14:05

Please read this carefully. These are the terms and conditions on which you may use the BW.co.zw website and the online content/services available on it, including Alphaville ("BW Content"). These terms apply to your use of BW.co.zw (including Alphaville) and all BusinessWeekly Content both irrespective of the delivery platform you use - e.g. desktop PC, laptop, mobile device, PDA or otherwise - and irrespective of how the BusinessWeekly Content is delivered to you - e.g. via web browser, WAP browser, email, SMS or otherwise. By accessing BW.co.zw you are agreeing to the terms and conditions below. If you use BW.co.zw in the course of your business, you are also agreeing to these terms and conditions on behalf of that business and should also read the paragraph in Section 2 regarding At Work Use.

If you do not agree with the terms and conditions (or are not authorised to do so) you should not use BW.co.zw. If you have any questions please contact us using this form. We recommend that you print a copy of these terms and conditions for your records.


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Access and Use
Privacy Policy and Registration
Discussion Forums
Technical Requirements and Site Security
Warranties and Limitation of Liability
Third Party Sites and Services
Choice of Law and Jurisdiction
General
Paid for Services
Your money and BW Fund Ratings
Jobs & classifieds
Corporate Information
Changes to Terms and Conditions

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BW.co.zw - Privacy Policy

These terms and conditions were first updated on 01 July 2007.

BusinessWeekly may change, alter or withdraw any part of BW.co.zw at any time (with or without notice to you) and may also change the terms and conditions. BusinessWeekly will publish details of any changes to the terms and conditions in Section 13 below. You should regularly check Section 13 of these terms and conditions to see if any changes have been made - by using BW.co.zw , you are agreeing to be bound by them. If you do not agree to the changes you should cease using BW.co.zw and you may cancel your subscription to any Paid For Services in accordance with your rights set out in Section 9.

References in these terms and conditions to "BusinessWeekly" (or "we", "us" or "our") refer to the company operating BW.co.zw, see the Corporate Information section below for more details.

1. Access and Use
BW.co.zw is split into three sections. Areas that are: (1) accessible to all; (2) accessible to registered users; and (3) accessible to paying subscribers. Certain sites or pages are only designed for use by Africa's users.

Permitted Use: All BusinessWeekly Content belongs to BusinessWeekly or its licensors. BusinessWeekly or its licensors own all intellectual property rights (including copyright and database rights) in the BusinessWeekly Content and any selection or arrangement of the BusinessWeekly Content. You may for your personal, non-commercial use:

retrieve and display BusinessWeekly Content on any compatible device;print a single copy of individual articles on paper (but not photocopy them);email headlines appearing on BW.co.zw (but not full text articles) to a maximum of twenty individuals using our "Email This" service;store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network); and Use spidering technology to search and link to BW.co.zw, provided that you do not infringe the Restrictions on Use below.Restrictions on Use: You may not use BW.co.zw for any unlawful purpose. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the BusinessWeekly Content. Without limitation, you may not do any of the following without prior written permission from BusinessWeekly (and neither may you allow a third party to do any of the same):

with the exception of RSS feeds and personal, non-commercial use of the "Email This " service redistribute any of the BusinessWeekly Content, including our headlines (including by using it as part of any syndication, content aggregation, news aggregation, library, archive or similar service); or Remove the copyright or trade mark notice from any copies of BusinessWeekly Content made under these terms and conditions; orcreate a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the BusinessWeekly Content (by spidering or otherwise); orframe, harvest or scrape the BusinessWeekly Content or otherwise access the BusinessWeekly Content for similar purposes.You acknowledge that "BusinessWeekly" and "BW" are registered trade marks and that you may not use them without written permission from BusinessWeekly.

Linking: If you would like to link to BW.co.zw, please read and comply with the following guidelines and all applicable laws. A site or service that links to BW.co.zw:

may display a BusinessWeekly logo (read our display guidelines here) but must not otherwise use any BusinessWeekly trade marks without permission from BusinessWeekly;may not remove, distort or otherwise alter the size or appearance of the logo;may link to the homepage of BW.co.zw, and on an ad hoc, non-systematic basis deeplink to other pages of BW.co.zw;must not in any way imply that BusinessWeekly is endorsing it or its products or services;must not misrepresent its relationship with BusinessWeekly or present false information about BusinessWeekly;must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;must not be a site or service that contains content that could be construed as distasteful or offensive. BusinessWeekly expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.

PLEASE NOTE THAT IN ADDITION AND WITHOUT PREJUDICE TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF BW.co.zw.

At Work Use: If you are using BW.co.zw in an "at work" capacity (whether for a company, partnership, public sector body, charity etc.) and your use extends beyond personal, non-commercial use then you should contact BusinessWeekly's Content Sales Team, since it is possible that your use of BusinessWeekly Content extends beyond what is permitted by these terms and conditions. In particular, all requests to republish, redistribute or syndicate BusinessWeekly Content, whether headlines, full text articles (or parts thereof) or the right to use BusinessWeekly Content internally within your business (for example, as part of a regular information dissemination service or on a company Intranet) or any external use that you may make (for example, within client reports or briefings) should be addressed to us, as such use falls outside the scope of use permitted by these terms and conditions. For more details click on the following Corporate site link.

Privacy Policy and Registration
All information received by you from your use of BW.co.zw will be used by BusinessWeekly in accordance with our Privacy Policy.

On registration, you must provide BusinessWeekly with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable BW.co.zw registration pages. This is particularly important if you subscribe to receive any Paid For Services. BusinessWeekly is entitled to rely on any information you provide to us.

Each registration is for a single user only. On registration, you will choose a user name and password ("ID"). BusinessWeekly does not permit any other person sharing your ID or access through a single ID being made available to multiple users on a network. BusinessWeekly may cancel or suspend your access to BW.co.zw if you do this without further obligation to you.

You are responsible for all use of BW.co.zw made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theBusinessWeekly or unauthorised use of your ID or any payment information, you must notify BusinessWeekly immediately by e-mailing us. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.

If you provide BusinessWeekly with an email address that will result in any messages BusinessWeekly may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that BusinessWeekly may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending messages to you.

If you register with BW.co.zw or if you subscribe to BW.co.zw Subscription Services (see Section 9 below) then you may choose to use bw.co.zw's "Remember me" log in feature that enables you to be logged in automatically to bw.co.zw whenever you visit without having to manually log in each time. However, we recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your subscription details and features of BW.co.zw personal to you.

Discussion Forums
BW.co.zw includes discussion forums and blogs that allow interaction between users and between users and BusinessWeekly journalists ("Forums"). While BusinessWeekly does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the Messages.

You must comply with any rules posted by BusinessWeekly on a Forum. You may not:

post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;disguise the origin of any Messages;impersonate any person or entity (including BusinessWeekly employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;post or transmit any Messages that contain so BusinessWeeklyware viruses, files or code designed to interrupt, destroy or limit the functionality of BW.co.zw or any computer soBusinessWeeklyware or equipment;collect or store other users' personal data;restrict or inhibit any other user from using the Forums.You are solely responsible for the content of your Messages. By submitting messages to any Forum you agree to indemnify BusinessWeekly from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this Section 3.

The Forums contain Messages submitted by users over whom BusinessWeekly has no control. BusinessWeekly cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.

BusinessWeekly journalists (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by BusinessWeekly. The opinions of those BusinessWeekly journalists and special guests are their own and are not necessarily endorsed by BusinessWeekly. They should not be considered by you as professional advisers.

By submitting Messages to any Forums you are granting BusinessWeekly a worldwide perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. BusinessWeekly reserves the right to contact you by e-mail with regard to your use of the Forums.

It is not possible for BusinessWeekly to fully and effectively monitor when Messages may infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify BusinessWeekly immediately with specific details by contacting us.

Technical Requirements and Site Security
BW.co.zw is best viewed with one of our supported browsers. Our current list of supported browsers and the degree to which they are supported can be found here. Any payment information you send to us over the Internet is encrypted using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.

WARRANTIES AND LIMITATION OF LIABILITY
The BusinessWeekly Content is only for your general information and use and is not intended to address your particular requirements. In particular, the BusinessWeekly Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by BusinessWeekly and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) BW.co.zw are at your sole risk and responsibility. Any information that you receive via BW.co.zw whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore not entirely accurate. BusinessWeekly is not responsible for any use of the BusinessWeekly Content by you outside its scope as stated in these terms and conditions.

LIMITED WARRANTY
What we can guarantee: BusinessWeekly SHALL DEVELOP AND OPERATE BW.co.zw WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.

What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, BUSINESSWEEKLY DOES NOT GIVE ANY WARRANTIES IN RESPECT OF BW.co.zw. TO THE EXTENT ALLOWED BY APPLICABLE LAW, BUSINESSWEEKLY HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT BW.CO.ZW IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

OUR LIABILITY EXCLUSION
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT BUSINESSWEEKLY WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF BW.CO.ZW (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING BW.co.zw OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.

IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT BUSINESSWEEKLY WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF BW.CO.ZW

YOUR REMEDIES
BUSINESSWEEKLY SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN BW.CO.ZW OF WHICH IT IS AWARE.

YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF BW.CO.ZW (TO THE EXTENT THAT BUSINESSWEEKLY'S LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS AS FOLLOWS:

IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF BW.CO.ZW THIS IS SUBJECT TO A LIMIT EQUAL TO THE ANNUAL FEE PAID BY YOU TO BUSINESSWEEKLY PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN BW.CO.ZW, YOUR REMEDY IS LIMITED TO RECEIVING PAID FOR SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF BW.CO.ZW THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL BW.CO.ZW SUBSCRIPTION FEE. YOU MAY NOT RECEIVE MONETARY DAMAGES.IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL BW.CO.ZW SUBSCRIPTION FEE.

The above disclaimers and restrictions on liability apply equally to your use of BW.co.zw and all BusinessWeekly Content.

OTHER INFORMATION
Without limiting the above, BusinessWeekly is not liable for matters beyond its reasonable control. BusinessWeekly does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.

Notwithstanding anything else contained in the provisions of this Section 5, BusinessWeekly's liability will not be limited in the case of death or personal injury directly caused by BusinessWeekly's negligence.

6. Third Party Sites and Services
BW.co.zw contains links to other Internet websites or online and mobile services provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with BusinessWeekly and so include BusinessWeekly's trade mark. BusinessWeekly is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with BusinessWeekly. Our Privacy Policy does not apply to Third Party Sites. This provision also applies to any Recruiters that users of the Jobs & classifieds section of BW.co.zw may contact.

Copyright in any software that is made available for download from BW.co.zw belongs to BusinessWeekly or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. BusinessWeekly is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement.

BW.co.zw contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on BW.co.zw complies with international and national law. BusinessWeekly will not be responsible for any error or inaccuracy in advertising or sponsorship material.

7. Choice of Law and Jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, English law.

To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of Zimbabwe shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the Zimbabwean courts.

For the exclusive benefit of BusinessWeekly and to the extent possible in the applicable jurisdiction, BusinessWeekly shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

8. General
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

9. Paid For Services
(a) Generally BusinessWeekly operates the following "PAID FOR" services: BW.co.zw Subscription Services, BusinessWeekly newspaper Subscriptions and BusinessWeekly Mobile services. By subscribing to receive any of these Paid For Services, as well as the above terms and conditions, you are also agreeing to the terms in this Section 9. BusinessWeekly reserves the right to vary the Paid For Services and does not guarantee that a Paid For Service will remain paid for or that a free-of-charge service will remain free-of-charge.

You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you already receive any Paid For Services through any corporate or business arrangement made with us, any payment terms below will not apply to you.

You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to BusinessWeekly you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments BusinessWeekly reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services.

BusinessWeekly will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time. A contract with you for receipt of the Paid For Services will come into effect when BusinessWeekly confirms this to you.

There is no specific time limit applying to your use of the Paid For Services on these terms and conditions. However, BusinessWeekly reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these terms and conditions, with or without notice and without further obligation to you.

BusinessWeekly will charge you in Zimbabwe Dollars, South Africa Rand, British Pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes. Please click here for further tax information.

(b) BW.co.zw Subscription Services Scope: You may purchase a combined and/or individual subscriptions to BW.co.zw and/or the BusinessWeekly newspaper.

Pricing: The subscription price is set out on the pages which contain our subscription process. You can take out either an annual or monthly subscription which will automatically renew or any other fixed term or automatically renewing payment frequency that we may offer from time to time. BusinessWeekly will notify you in advance of any price increases. If we give you a free trial, you will only be charged for with effect from the expiry of that free trial period. You are only entitled to one free trial each calendar year, and we reserve the right without notice and at any time to terminate any free trial over and above this amount. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.

Cancelling or Changing your Subscription: When you subscribe we may give you a free trial. You may cancel your subscription at any time during any trial period by contacting our Customer Services team. Or alternatively, call +263 (0)4 780578. Following the expiry of any trial period, you may cancel your BW.co.zw Subscription at any time by contacting our Customer Services team using the details listed above and BusinessWeekly will refund you on a pro rata basis. This means that BusinessWeekly will refund you or credit your account with any amounts you have paid us in advance that relate to any remaining period of your subscription. Any cancellation will be effective once BusinessWeekly receives notice of it. You may also use the telephone numbers to temporarily suspend newspaper delivery.

(c) BusinessWeekly Mobile servicesServices: BusinessWeekly operates the following Paid For Services for mobile devices (premium BusinessWeekly Content will be indicated where applicable):

BusinessWeekly SMS Services: BusinessWeekly will arrange for SMS messages to which you subscribe to be sent to your mobile device.
BusinessWeekly WAP Services: access to free and premium BusinessWeekly Content on your browser enabled mobile device.

BW.co.zw on your PDA: you may access BW.co.zw on your PDA by registering with one of our partners, either AvantGo (www.avantgo.com) or Roundpoint (www.roundpoint.com).
BusinessWeekly Mobile Java Downloads: access to free and premium BusinessWeekly Content through java applications that run on your mobile device.

You will be able to receive BusinessWeekly Mobile Services throughout the UK. You will also be able to receive them in other countries that support GSM (with the exception of SMS Services) and providing your mobile device and your mobile telephone network operator provides appropriate international roaming capability. You should contact your operator for more details and prices regarding use of your mobile device outside the UK.

Pricing: You can view the price of BusinessWeekly Mobile services by visiting the BusinessWeekly Mobile web pages. Payment is made on the following basis:

SMS Services: You pay on a "pay per message" basis for each separate text message you are sent at the rate set out on the BusinessWeekly Mobile pages. Charges for these messages should be included by your operator on the telephone bill in the usual way and it is your responsibility to ensure that these charges are paid to your operator on time. The exact number of messages which you are sent each day (and therefore pay for) will depend on your subscription choices and the extent to which news breaks/share prices change. You will be credited for any messages that BusinessWeekly sends you in error if you are charged for them.
BusinessWeekly WAP Services: if you subscribe to BW.co.zw Subscription Services then you may also access premium BusinessWeekly content on the BusinessWeekly Mobile direct WAP Service at wap.BW.co.zw at no extra cost. For BusinessWeekly's WAP third party Services offered through various network operators, a monthly subscription will be charged for premium BusinessWeekly content. This charge will appear on the monthly statement you receive from your operator. If you subscribe to BusinessWeekly Mobile WAP third party Services through a network operator then please note that although these terms and conditions continue to apply to your use of BusinessWeekly Content, you will also be subject to the third party’s terms and conditions that we recommend you read.
BW.co.zw on your PDA: if you subscribe to BW.co.zw Subscription Services then you may also access premium BW.co.zw at no extra cost on your PDA using AvantGo, see www.avantgo.com for details. Alternatively, if you do not subscribe to BW.co.zw Subscription Services then you may also access BW.co.zw via PDA by registering for a separate paid for subscription with Roundpoint, see www.roundpoint.com for details. If you subscribe using either AvantGo or Roundpoint then please note that although these terms and conditions shall continue to apply to your use of BusinessWeekly Content, you will also be subject to third party terms and conditions that we recommend you read.
BusinessWeekly Mobile Java Downloads: BusinessWeekly offers end users a free direct java application. Chargeable applications with BusinessWeekly Content are available through Motorola and Sony Ericsson. A monthly credit card subscription is payable directly to the third party to access these services. See www.BW.co.zw/mobile for more information.

Cancelling or Changing your BusinessWeekly Mobile Subscription: Subscription to BusinessWeekly Mobile direct WAP and PDA Services are subject to the same terms and conditions as those which apply to the BW.co.zw Subscription Services (detailed above in section 9 (b) above). Subscription to BusinessWeekly Mobile third party Services are subject to a third party’s terms and conditions which we recommend you read.

You can cancel the SMS Services at any time by visiting the applicable BusinessWeekly Mobile pages and deselecting all the ticked boxes or by clicking on the unsubscribe button to cancel the relevant service. BusinessWeekly will cancel your subscription without delay but you will receive and be charged for messages that are already in transit.

If you cancel any subscription you have to BW.co.zw Subscription Services then your right to access premium content on both the BusinessWeekly Mobile direct WAP Services and BW.co.zw on your PDA via AvantGo will automatically terminate. If you wish to cancel any subscription to BW.co.zw that you purchase indirectly through a third party network operator, device manufacturer or any other third party then you will need to contact the third party directly for details of their cancellation policies.

Once you have subscribed to receive any of the BusinessWeekly Mobile services you have no right to cancel them before receiving them due to the immediate nature of the service. You may however cancel your subscription to any BusinessWeekly Mobile service at any time in accordance with your rights referred to above.

10. Your Markets
If you are using the Markets data (including the BusinessWeekly Fund Ratings sections) of BW.co.zw, please read this Section 10 which will apply in addition to the above Sections 1-9:

THE MARKETS DATA AREAS OF BW.CO.ZW ARE DESIGNED FOR USE BY SOUTHERN AFRICAN USERS ONLY. The information published on these pages is intended to be for your general information only. You should not rely upon their contents in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. The contents of these pages do not nor are they intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the products listed or referred to. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. BusinessWeekly does not sponsor, endorse or promote any financial products.


11. Jobs & classifieds
General: If you are using the Jobs & classifieds section of BW.co.zw ("Jobs Site") this Section 11 applies to you in addition to the above Sections 1-9. The Jobs Site allows users to search for jobs and to submit applications for or queries regarding jobs to Recruiters (and not to BusinessWeekly, although in some cases BusinessWeekly may forward your application/query). If you are a Recruiter using the Jobs Site, you are subject to a specific Recruiter Agreement available on the Jobs Site.

The following words and phrases shall have the following meanings in this Section 11:

Advertisement means an advertisement for a job published by a Recruiter on the Job Site or provided to BusinessWeekly for publication on the Jobs Site (including all information provided by a Recruiter relating to that job);
Applicant means a user of the Jobs Site who submits a CV to a Recruiter;
Applicant Data means any personal data (including sensitive data) relating to an Applicant that is obtained by or provided to a Recruiter, including information on a CV;
CV means an Applicant's curriculum vitae or career summary (or similar) submitted by an Applicant to a Recruiter;
Recruiter means direct employers, recruitment consultants, employment agencies, employment businesses, media buyers or similar;
Data Protection: BusinessWeekly requires all Recruiters to commit to BusinessWeekly that they (a) comply with all data protection legislation applicable to their activities and (b) shall only use Applicant Data for the sole purpose of processing an application made by an Applicant for a job. Data will be processed by BusinessWeekly in accordance with this Section 11 and otherwise as described in BusinessWeekly's Privacy Policy.

If you are an Applicant then you agree:

to provide Recruiters with CVs that are in all respects true and not, in any respect, misleading, deceptive, inaccurate, or likely to mislead or deceive;to notify any Recruiters to which you submit a CV if you ever become unavailable for employment;that you take responsibility for the accuracy or otherwise of any CVs you submit to Recruiters and for the security of the system (email or otherwise) you use to send them;that all arrangements made between you and a Recruiter or third party are made at your sole risk and responsibility;that Recruiters are solely responsible for determining the suitability of Applicants for jobs and for their own recruitment procedures and policies and that BusinessWeekly has no responsibility for the same.Responsibility and liability: You are responsible for, and indemnify BusinessWeekly against, claims brought or allegations made against BusinessWeekly by a Recruiter or any other third party and any damage, liability, losses, costs (including legal fees) suffered by BusinessWeekly in respect of a Recruiter's use of any CVs provided by you to Recruiters.

It is for you to satisfy yourself as to the suitability, integrity and reliability of all Recruiters whose Advertisements are published by BusinessWeekly. Recruiters are third parties over which BusinessWeekly has no control and no liability will be accepted by BusinessWeekly in relation to the acts of a Recruiter or your relationship with a Recruiter. BusinessWeekly's liability is also limited in accordance with Section 5 above. Accordingly, you agree that BusinessWeekly shall have no liability to you that you may incur as a result of the negligence, dishonesty, misconduct, bad faith, wrongful disclosure of confidential information or other act or omissions of any Recruiter and you hereby agree to hold BusinessWeekly harmless against the same.

12. Corporate Information
BW.co.zw and BusinessWeekly newspaper subscriptions are operated by Fruitlink Ventures (Pvt) Limited whose corporate details are as follows: registered office address is Number Fifty One Jason Moyo Ave, Harare, Zimbabwe. Either BusinessWeekly nor Fruitlink Ventures (Pvt) Ltd may assign its rights and obligations under these terms and conditions to any other company within the  group of companies.

13. Changes to Terms and Conditions
These terms and conditions were published on 01 July 2007.

 

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