Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Sustema Dynamics website located at https://sustema.co.zw (the "Website") and any related services, content, or applications (collectively, the "Services") provided by Sustema Dynamics ("we," "us," or "our").

By accessing or using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or Services.

These Terms incorporate by reference our Privacy Policy and Cookie Policy, which explain how we collect, use, and protect your personal information.

2. Services Description

Sustema Dynamics provides business consultancy, systems development, digital transformation, and related services to organizations across various industries. Our Services include, but are not limited to:

• Business consultancy and advisory services
• Custom software development and systems integration
• Digital transformation strategy and implementation
• Data analytics and business intelligence services
• Process optimization and management consulting
• Enterprise architecture planning
• Training and capacity building

The specific terms, scope, and pricing for our professional services will be detailed in separate service agreements or statements of work, which will govern the specific engagement between you and Sustema Dynamics.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. User Registration

Certain areas of our Website or Services may require registration. When you register, you agree to:

• Provide accurate, current, and complete information about yourself as prompted by the registration form
• Maintain and promptly update your registration information to keep it accurate, current, and complete
• Maintain the security of your password and identification
• Accept all responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are registering on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content, features, and functionality on our Website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are the exclusive property of Sustema Dynamics or our licensors and are protected by Zimbabwe and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The "Sustema Dynamics" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sustema Dynamics or its affiliates or licensors. You must not use such marks without our prior written permission.

4.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Website and Services for your personal or internal business purposes. This license does not include any right to:

• Resell or make commercial use of our Website or Services
• Collect and use any product listings, descriptions, or prices
• Make any derivative use of our Website or Services
• Download or copy account information for the benefit of another party
• Use data mining, robots, or similar data gathering and extraction tools

4.3 Your Content

If you submit, upload, or post any content to our Website or Services ("Your Content"), you retain ownership of Your Content. However, by submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the Services and our business.

You represent and warrant that you own or have the necessary rights to submit Your Content and that Your Content does not violate any third-party rights or applicable laws.

5. User Conduct

You agree not to use our Website or Services to:

• Violate any applicable local, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• Submit false or misleading information
• Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services
• Collect or track the personal information of others
• Spam, phish, pharm, pretext, spider, crawl, or scrape
• Interfere with or circumvent the security features of the Services or any related website
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm us or users of the Services

We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

6. Third-Party Content and Links

Our Website or Services may contain links to third-party websites or services that are not owned or controlled by Sustema Dynamics. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Sustema Dynamics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUSTEMA DYNAMICS EXPRESSLY DISCLAIMS 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.

WE MAKE NO WARRANTY THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
• ANY ERRORS IN THE SERVICES WILL BE CORRECTED

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUSTEMA DYNAMICS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUSTEMA DYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Sustema Dynamics and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that Your Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

10. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Services shall first be attempted to be resolved through good faith negotiations between the parties.

If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation in Harare, Zimbabwe, before resorting to arbitration or litigation.

If mediation is unsuccessful, the dispute shall be finally settled by binding arbitration in accordance with the Arbitration Act [Chapter 7:15] of Zimbabwe. The arbitration shall take place in Harare, Zimbabwe, and shall be conducted in English.

11.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. Contact Information

If you have any questions about these Terms, please contact us:

We will respond to your inquiry within 30 days of receipt.