Host Terms and conditions

1. Introduction

1.1 The Host T&Cs constitute a legally binding agreement between Musha Zimbabwe and the Host.  Musha Zimbabwe provides an on-line platform and various tools, services, and functions available through its platform (the “Musha Zimbabwe”) which enable property owners and property managers to list their property and enabling Guests to select properties and interact with property owners and property managers listing their property (together the “Services”). Services are provided via URL’s, including, through the site www.mushazimbabwe.co.zw and also via mobile applications (for mobile phone, tablet and other devices or interfaces) (collectively, the "Site"). Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers and/or Musha Zimbabwe.

1.2 These terms and conditions (the “Host T&Cs”) govern the relationship between Musha Zimbabwe and any party which accesses or uses the Site to offer or list any property for rent, including property owners, lessees and property managers (collectively, “Host” or “you”).

1.3 If the Host is a company, partnership or other entity, a person who uses the Site, and/or agrees to the Host T&Cs, on behalf of that Host represents that he/she has the authority to bind the entity to these Host T&Cs.

1.4 Musha Zimbabwe does not authorize anyone to register with this Site unless they are able to enter into legally binding contracts. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Host T&Cs. Each Host represents and covenants that all information submitted to us and to the Site during such Host registration with the Site shall be true and correct. Each Host further agrees to promptly provide notice to the Site (using “Contact Us”) regarding any updates to any such contact information previously submitted by such Host to the Site. 

1.5 Musha Zimbabwe may revise these Host T&Cs from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws. You will be provided with 30-days’ notice in advance of changes to any of the terms of these Host T&Cs or our decision to terminate these Host T&Cs. We will inform you of such changes or termination via your email address. You should visit this page periodically to view the most current Host T&Cs because they are binding on you.

1.6 Hosts who violate the Host T&Cs may have their access and use of the Site suspended and their Listings removed from the Site after prior notice provided in addition to any other legal rights and remedies available to Musha Zimbabwe under these Host T&C’s or otherwise available to Musha Zimbabwe. You may appeal such a decision by contacting Customer Service. 

1.7 Musha Zimbabwe has a zero-tolerance policy regarding acts of discrimination (including but not limited to race, ethnicity, religion, national origin, disability, sex, gender identity or sexual orientation), harassment, or violence and we will remove any guests and/or Hosts from our website who exhibit or promote such behavior. Musha Zimbabwe reserves the right to enforce this policy on the basis that the safety or property of Hosts and Guest s is at risk. 

  1. The Site is a Venue only

2.1 This Site is a venue which allows Hosts to list one or more properties available for rent (each a “Property”) with different pricing formats to potential guest’s (and all persons named on the booking) (each, a “Guests” and, collectively with a Host the “Users”). We may also offer online bookings or other tools or services to allow Hosts and guests to communicate with each other and to enter into rental agreements or other transactions with each other.

2.2 The Site provides a venue for Users to interact with each other. Rental contracts are concluded only between the Guest and the Host. Musha Zimbabwe is not, and does not become, party to any contractual relationship between the Guest and the Host and in its webhosting status, it is not obliged to mediate between the Guest and the Host in the event of any dispute arising between them. You acknowledge and agree that the Guest and the Host will be responsible for performing the obligations of any such agreements, that Musha Zimbabwe is not a party to such agreements, and that, with the exception of Musha Zimbabwe Payments’ obligations under the Accommodation Collection Fee Agreement, Musha Zimbabwe (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates booking a Property or the use of other tools, services or products, as Musha Zimbabwe is not a party to any rental or other agreement between Guests and Hosts, and the Hosts are not considered as Musha Zimbabwe’s service providers. Musha Zimbabwe is not an organizer or retailer of travel packages.

2.3 Hosts may be either individual property owners acting on a consumer to consumer basis, or property managers operating on a business to consumer basis. If you enter into a rental agreement with a Guest on a consumer to consumer basis, please be aware that consumer law will not apply in relation to your contract with the Guest. Host s are solely responsible for determining whether or not they are operating as a consumer or a business and for any representations they make to Guests with respect to their status.

2.4 Responsibility for applicable laws, rules and regulations: Hosts and Guests agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site. Host further agrees they are responsible for and agree to abide by all laws, rules and regulations applicable to the Listing of their Property and the conduct of their business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data security, data and privacy, permits, planning or license requirements, local authority requirements, health and safety compliance and compliance with all anti-discrimination and housing laws, lease or other property restrictions as applicable. Please be aware that even though we are not a party to any rental transaction and, to the extent permitted by law, we assume no liability for legal or regulatory compliance pertaining to renting any Property listed on the Site, there may be circumstances where we are nevertheless legally obligated to provide information relating to any Listing in order to comply with governmental or regulatory bodies in relation to investigations, litigation or administrative proceedings. Hosts who accept credit card, banking or other payment information from Guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements, applicable card association or network operating rules and/or policies and best practices and/or the data security policies of Musha Zimbabwe and further agree to only collect and use such payment information in connection with an authorized Guest reservation and for no other purpose.

2.5 Hosts acknowledge that they are at all times responsible for complying with all applicable laws, regulations or rules, in relation to any discount, savings, other promotional and/or reference price messages they have displayed in their listings details on the Site as further set out in the Discount Guidance. Hosts shall indemnify Musha Zimbabwe against any fines, damages, costs, losses, liabilities, fees, penalties and expenses incurred by Musha Zimbabwe as a result of a breach by such Hosts of any applicable laws, regulations or rules in relation to the above pricing related messages.

  1. Property Listings

3.1 Hosts may in accordance with these Host T&Cs agree with Musha Zimbabwe to place on the Site a listing for a specific Property via a pay per booking listing (“Pay-per-Booking Listings”) or an annual subscription listing (“Annual Subscription Listing”) (collectively a “Listing”).

3.2 If you sign up as a Host on the Site, you will receive our marketing mail communications, which is an integral part of the services we provide. We may offer different newsletters from time to time intended to enhance the services we offer. Hosts have the choice whether or not to receive marketing email communications from Musha Zimbabwe, and may cancel their subscription to these email newsletters at any time, although it may take a short while for the changes in their preferences to become effective.

3.3 Host Eligibility for Listings

3.3.1 In order to create a Listing, Hosts must comply with the practices described in this clause (and any other requirements that have been notified to the Host by Musha Zimbabwe from time to time).

3.3.2. Online bookings and online payments are required for all listings. Host commits to manage communications, enquiries and all bookings through Musha Zimbabwe’s platform and tools.

3.3.3 Payments to Musha Zimbabwe can be made by direct debit, bank transfer, credit card payment or any other payment method authorized in advance by Musha Zimbabwe. All banking and other fees relating to a payment shall be borne by the Host.

3.3.4 Note that Hosts who are qualifying Property Managers may apply to Musha Zimbabwe to enter into a separate Property Manager Listing Contract.

3.3.5 Musha Zimbabwe reserves the right to decline to place any Listing, which is deemed capable of infringing, or be associated with the infringement of, any provision of these Host T&Cs.

3.3.6 Host commits to provide only accurate and up to date information in each Listing (including the description, rates, taxes and cancellation policy), and shall not impose different conditions on the guest than those set out in the Listing. Failure to comply with the obligations set forth in these Host T&Cs may result in Host’s permanent exclusion from the Site and from any of our affiliated sites. You may appeal any such decision by contacting Customer Service. 

3.4 Additional Terms - “Pay-Per-Booking Listings”

3.4.1 Each Pay-per-Booking Listing is made without any upfront fee, but in exchange will be charged an amount which includes (i) a commission payable to Musha Zimbabwe equal to a percentage of the total rental amount (including any mandatory fees charged by the Host) paid by a guest on every booking sourced through the Site, as set out in the subscription process (the “Commission”) and (ii) a payment processing fee related to online payment and due to Musha Zimbabwe Payments or a third party payment processor (as applicable). Musha Zimbabwe reserves the right to change the applicable Commission, with any changes to be notified to the Host at least 30 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Host does not remove his Listing by the time the new Commission is applied.

3.4.2 The calculation of the Commission will not include amounts charged for taxes and any other product or service purchased by the Guest and charged by Musha Zimbabwe, such as insurance products. It is the Hosts’ duty to accurately breakdown the different amounts charged to the Guest.

3.4.3 A description of the applicable fees that apply to each Pay-per-Booking Listing will be displayed under the “List Your Property” tab of the Site (when made generally available). Exceptions may be made for integrated Property Managers.

3.4.4 All Pay-per-Booking Listings are subject to additional terms, conditions and requirements as set out during the registration for such Listing (including those of third party providers).

3.4.5 Collection and processing of the amounts paid by the Guest, and forwarding the amounts due to the Host is managed either (1) our third party payment providers; (2) Musha Zimbabwe Payments (supported by a third party payment service provider); or (3) in the case of some integrated Hosts, by their own third party payment providers. Host acknowledges and accepts that, with exception of Musha Zimbabwe Payments’ obligations pursuant to the Accommodation Fee Collection Agreement, Musha Zimbabwe has no involvement in the payment process and shall have no responsibility with regards to the correct payment of the booking. Although in certain circumstances, a Musha Zimbabwe customer service representative may provide assistance to Guest with questions relating to payment processing, Musha Zimbabwe shall have no responsibility with regards to the correct payment of the booking.

3.4.6 Listings may be displayed on other sites within the Musha Zimbabwe Group, and on the sites of companies with which Musha Zimbabwe may have signed distribution agreements, to the extent that such sites enable online payment. However, Musha Zimbabwe gives no guarantee of publication other than on the Site where Host originally registered its Listing and within the limit of Musha Zimbabwe’s right to publish a Listing or not.

3.4.7 Pay-per-Booking Listings will be displayed on the Site indefinitely; however, Musha Zimbabwe reserves the right to remove or refuse to publish any Listing at any time after prior notice. Host can also suspend or remove their Listing at any time, through their dashboard or by contacting customer service.

3.4.8 Conversion of a Listing from a Subscription Listing to a Pay-Per-Booking Listing is only possible at the end of the subscription term for each Subscription Listing. Conversion from Pay-per-Booking Listing to Subscription Listing can be processed at any time subject to payment of the applicable Subscription Listing Fees, however any Pay-per-Booking bookings already made shall remain subject to the applicable Pay-per-Booking fees.

3.5 Additional provisions in relation to Subscription Listings

3.5.1 To purchase a Subscription Listing, the Host must make an order by means of the Site’s online order form and pay Musha Zimbabwe the fees for the relevant Listing (“Subscription Listing Fees”). The price of a Subscription is specified in the list of current rates on the Site. If you act as a consumer and unless any of the legal exceptions applies, you have rights to cancel the Subscription Listing Fees during the cooling off period. The ‘cooling off period’ is fourteen calendar days from date of entry into these HostT&Cs. If you change your mind during the cooling off period, you can cancel by notifying us by completing and sending us this to the address set out within it and we’ll refund you (if applicable) any monies paid within 14 calendar days.

By submitting an order form the Host warrants that all of the information they have provided to Musha Zimbabwe is accurate and complies with these Host T&Cs.

3.5.2 Subscription Listings sold by Musha Zimbabwe run for the full term as selected by the Host on the relevant order form (“Initial Listing Term”). That term starts on the date that the Host submits the full or initial (as applicable) payment of Subscription Listing Fees (the “Purchase Date“) and expires on the last date of the term selected by the Host (the “Subscription Listing Term“), unless renewed as provided below. For example, for an annual subscription term, if a Host purchases the subscription on July 1st, the subscription Listing would expire on June 30th of the following year (unless renewed as provided below).

3.5.3 Subscriptions are renewed automatically and continuously for the same duration as the initial Listing Term (each a “Renewed Listing Term”). Special discounts granted for the Initial Listing Term will not be granted for a Renewed Listing Term. The automatic extension of a Listing Term can be deactivated at any time before the end of the Initial Listing Term or the then-current Renewed Listing Term by means of the "deactivate automatic extension" link or by notifying Musha Zimbabwe by contacting us. To avoid doubt, any such deactivation will only take effect at the end of the Initial Listing Term or Renewed Listing Term in which the deactivation occurs. We will automatically charge your form of payment for any renewal of your listing (and you hereby expressly authorise us to so do).

3.5.4 If a Host purchases a Subscription Listing, but does not complete the creation of the Subscription Listing or the Subscription Listing does not appear on the Site for any other reason, refund requests for Listing Fees will be considered by Musha Zimbabwe, but are only available if applied for by the Host by contacting Musha Zimbabwe through Customer Service during the first three (3) months following the relevant Purchase Date (the “Initial 3 Months“), and on the condition that: (i) the relevant Subscription Listing has not appeared on the Site during the Initial 3 Months; and (ii) the failure of the Subscription Listing to appear on the Site during the Initial 3 Months does not result from the Host failing to take such steps as Musha Zimbabwe may require in relation to the completion of the Subscription Listing.

3.5.5 Subscription Listing Fees are non-refundable in the event that the Host terminates the Agreement or wishes to remove a Listing before the end of the term of the applicable subscription period.

  1. Using the service

4.1 Upon registration, a Host is given a user profile in which the data the Host contributes is recorded and in which all the Properties offered by that Host are specified (the “Dashboard”).

4.2 The Dashboard provide various functions which are intended to assist Hosts to manage their Properties through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and Musha Zimbabwe does not undertake that the Dashboard or its functions will be complete or error-free. 

4.3 The “Online booking” feature for listings allows Guests to make online bookings for the Property. The “online payment” service enables Guests booking online to make payments to the Host via an online payments gateway managed by Musha Zimbabwe Payments supported by a third-party payment service provider or a third party payment provider. The online payments service is subject to the terms and conditions of the third party payment provider and/or subject to the Accommodation Fee Collection Agreement, and Host accepts that (with exception of Musha Zimbabwe Payments’ obligations pursuant to the Accommodation Fee Collection Agreement), Musha Zimbabwe has no control over or any responsibility for online payment services.

4.4 In the Dashboard, the Host also has access to Guest’s Reviews for the Host’s Properties and any available Host Review for a Guest who has contacted the Host.

4.5 By submitting Content to the Site, the Host, although retaining all their ownership rights in the Content, grants Musha Zimbabwe, Musha Zimbabwe Group and their affiliates and affiliated companies for the duration of the legal protection of rights in the Content, and progressively for the duration of their publication on the Site or other media pursuant to this agreement, a non-exclusive, worldwide license of their intellectual property rights, including but not limited to copyright and trademark rights, in the Content for the Authorised Purposes as defined and set forth below. To the extent applicable and permitted by law, Host waives moral rights or grants a non-exclusive, royalty-free, transferable, and irrevocable license to Musha Zimbabwe Group to use Host’s moral rights in any Content.

  1. i) “Content”means all text, descriptions, reviews, photographs, images and any other content that the Host submits to the Site.
  2. ii) ” Rights granted”consist of the following: a non-exclusive, royalty-free, transferable, irrevocable license for the duration of their publication of the Content on the Site or other media pursuant to this agreement, to reproduce, translate, distribute, publish, publicly display and perform and license or sublicense to affiliates and affliated companies through multiple layers for Authorized Purposes the Content world wide.

iii) “Authorised Purposes” consist of reproducing, translating, distributing, publishing, publicly displaying, and performing the Content on the Site, on the websites, and in the marketing materials and efforts of Musha Zimbabwe, and their affiliates and affiliated companies for the purposes of listing, promoting, and marketing the Property themselves and on third parties’ websites, and supporting the fulfilment of the any agreements between Musha Zimbabwe and/or their affiliates or affiliated companies.

Guests and Hosts may post reviews on our Site. Guests who have booked through the Site may also post their own reviews of Host’ Properties (“Property Reviews”) on the site. The Host is given the opportunity to view Property Reviews, and to respond to them (a “Host Response”). Hosts will also be given the opportunity to review the Guests stay (“Guest Review(s)”). Host expressly warrants that any review so posted must be in accordance with our Content Guidelines. We reserve the right (but not the obligation) to make Guest Reviews available to other Hosts who the Guest contacts via our Site. Host may not further disclose, make further use of or reference to such Guest Reviews without havingthe express consent of the Guest to so disclose or use. Please note that Musha Zimbabwe does not, and does not realistically have the ability to, verify the accuracy or otherwise of Property Reviews or Guest Reviews. In application of the webhosting status, Musha Zimbabwe shall remove the Content if it becomes aware or is notified that the Content is illegal. Unless Musha Zimbabwe becomes aware or is put on notice that the Content is illegal, Musha Zimbabwe is not obligated to delete third party content. Further, after prior notice provided to the Host, Musha Zimbabwe may decline to post contents or may remove any of them that do not comply with Content Guidelines.Host may appeal the decision to remove any Content by contacting Customer Service.

Guests and Hosts are eligible to submit a review up to one year after check out, or until one party initiates the review process. Once one party submits a review, the other has 14 days to complete their review. Neither party will be able to see each other’s ratings during this 14-day blind period until they both have submitted the review. This means that honest opinions can be shared in confidence.

Musha Zimbabwe otherwise expressly disclaims any liability for any Property Review, Guest Review or Host Response subject to its obligations pursuant to its webhosting status (for instance, deletion of content notified as being illegal). We will not edit or otherwise modify reviews on a Guest or Host’s behalf. A Guest or Host may contact Customer Service to remove their published review.

4.6 Musha Zimbabwe requires all Property Reviews, Host Responses, Guest Reviews and other communications to conform to the Content Guidelines, and may decline to post any of them that Musha Zimbabwe finds does not do so. In the event that any Property Review, Host Response, Guest Review or any other communication appears on the Site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, Musha Zimbabwe shall be entitled to promptly remove from the Site the relevant non-conforming Property Reviews, Host Responses, Guest Reviews or any other communication. Musha Zimbabwe will promptly inform the User of the reasons why the content has not been displayed or has been removed from the website and Host may appeal the decision to remove any Content by contacting Customer Service.

4.7 Communications using the Site (and any tools provided on the Site) are available for review by the Guest and the Host who are party to the communication and for viewing by Musha Zimbabwe Group employees and representatives in order to comply with its obligations under its webhosting status and to monitor for compliance with the Host T&Cs. Hosts should print a copy for their own records of any message which is important for example a payment receipt or a booking confirmation.

4.8 Messages sent via Musha Zimbabwe’s systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Musha Zimbabwe’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and Site recommendations transmitted via the “recommend this site” function should only be sent with the recipient’s consent. You agree that you will protect other users’ personal information in accordance with applicable laws and regulations and in any event, using a reasonable standard of care, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

4.9 Hosts and Guests are solely responsible for the content of their communications with each other.

4.10 A service fee is charged to Guests (each, a “Guest Service Fee” or “TSF”) for the use of the various online tools, services, and functions available through its platform enabling guests to select and interact with owners or property managers listing their property. The service fee helps Musha Zimbabwe to provide a safer and more secure booking experience. Benefits associated with that use include secure communication including a Musha Zimbabwe account, filtered search results based on guests preferences, online property reviews in line with Musha Zimbabwe’s webhosting status and various ‘book with confidence’ guarantees. The TSF is charged to guests who book Listings originating from the Musha Zimbabwe platform using the Musha Zimbabwe check-out process and is ordinarily calculated as a percentage of the total rental amount (which may include additional fees, and damage deposits that might be charged by the Host). The TSF, plus any applicable taxes charged by the relevant jurisdiction on such TSF, will be displayed to guests at the time of booking and before final check-out. Depending on the laws of the jurisdiction where the Guest and/or Host resides, the service fee may be subject to (or may include) VAT, Stay Taxes, or any other equivalent indirect taxes. Hosts agree not to encourage or advise a Guest to avoid or circumvent the service fee charged by Musha Zimbabwe.

  1. Listing Details and Services

5.1 Musha Zimbabwe currently offers an annual listing renewable thereafter.

5.2 In a Listing, one (1) Property is displayed. If the Host selects to display “Multi Unit Listing”, such Multi Unit Listings shall be at the same physical address as part of the Listing.

5.3 In a Listing, up to fifty (50) photos of a Property may be displayed. A cut-down version of the Listing is shown on the Site on a given search page, in the form of a thumbnail with a picture of the Property, linked to the full-page Listing.

5.4 Musha Zimbabwe has implemented the Google Translate service on the Site. Hosts can use this service free of charge to have their Listings translated. The Host acknowledges and accepts that this is a static machine translation system which frequently makes mistakes. After translation, the Host must review the translation, and correct all inaccuracies in it. The Host accepts that Google Translate is provided under Google’s terms and conditions of service and the Host should review those terms before using Google Translate.

5.5 Musha Zimbabwe requires all Hosts to verify the location of their Listing in their dashboard. This includes leveraging information from Google Maps to appropriately place the Listings location on a map and in regional searches. The Host accepts that Google Maps is provided under Google’s terms and conditions and Musha Zimbabwe will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Host acknowledges and accepts that Google Maps’ service is not error free and the Host will ensure that the correct location of the Property is shown by Google Maps when using this service.

5.6 Musha Zimbabwe also uses Google Analytics (and other analytics platforms) to gather statistics on Site usage. There are more details in the Privacy Policy and Cookie Policy and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. Host accepts that Musha Zimbabwe Group has no control over Google’s data collection.

5.7 The Host may activate a free SMS service, which informs Host about any incoming Guest enquiries and booking requests about Listings. The Host understands and accepts that SMS is not 100% reliable and may be subject to connectivity and blocking issues outside Musha Zimbabwe’s control. Additionally, the use of SMS messages, particularly when travelling, may result in additional costs for Hosts from telecoms and network providers which the Host agrees to accept when signing up for the SMS service. The Host understands and accepts that SMS messages may be monitored and disclosed in accordance with the Site’s Privacy Policy.

  1. Ranking and Appearance in Search Results

Musha Zimbabwe cannot guarantee that any Listing will appear in any specific order in search results on a Site. Search order will fluctuate automatically depending on filters used by Guests, Guest preferences, as well as your “Ranking” which may consist of the attributes of your property and the quality of the experience provided. Attributes of your property are evaluated based on a variety of factors such as guest feedback, amenities, and the location of your property. The quality of the experience is based on a variety of factors such as calendar accuracy, Host response times and booking acceptance, rate consistency, Host cancellation rate and quality of stay experience. A Listing’s search position may also be impacted by participating in the Boost program, which allows some Hosts to use ‘power-ups’ awarded under the program to improve their Listing’s search position. If you purchased a Listing, search results may also vary depending on the search criteria used by a particular Guest. Certain new listings may be displayed in specific slots on the first page. Musha Zimbabwe reserves the right to apply automatically various search algorithms or to use methods to optimize Ranking results for particular Guests’ experiences and the overall marketplace. Listings distributed on third party sites are not guaranteed to display on such third party site in any particular order or at all. Search results and order may appear different on Musha Zimbabwe’s mobile application than they appear on its website. To optimize the search experience for both Hosts and Guests and improve the Ranking Process, Musha Zimbabwe retains the right to run occasional tests that will be limited in duration but may alter how we display Listings and search results.

  1. Additional Paid Services

7.1 Musha Zimbabwe makes available, and may from time to time add to or remove, additional paid-for-services that Hosts decide to take (“Additional Paid Services”). The Additional Paid Services include The “Multi Unit Listing” service, which enables a Host of a particular Property with multiple rental units to list them in a common Listing. All such units must be at the same address, and part of the same living unit.

7.2 More information about Additional Paid Services can be found on the Site. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Host at the time when the Host agrees to take the relevant Additional Paid Service.

  1. Termination

8.1 Without limiting any of its rights set out below, Musha Zimbabwe may terminate this Agreement for convenience at any time upon providing a Host with thirty (30) days’ notice via email to the Host’s registered email address.

8.2 If Musha Zimbabwe determines, or an allegation is made, that: 

then Musha Zimbabwe shall be entitled, upon providing a written statement of reasons, to take one or more of the following actions: (i) suspend or (ii) terminate either (a) any affected Listings, or (b) all Listings associated with that Host (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately and without refund of Listing Fees or any other fees or charges paid by the Host.

8.3 In addition to reserving the right to terminate any listing, Musha Zimbabwe reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, limiting the Hosts use of the Site, hiding or otherwise impacting a listing search results, marking a member as “out of office,” and removing or changing information that may be false or misleading.

8.4 If Musha Zimbabwe takes any of the measures described above in this clause 8, you may appeal such a decision by contacting Customer Service. 

  1. Rights and obligations of Musha Zimbabwe

9.1 Musha Zimbabwe may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.

9.2 Musha Zimbabwe will endeavor to reproduce accurately on Site any photographs supplied by Host. However, Hosts acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings and that Musha Zimbabwe shall have no responsibility or liability for any such deviation.

9.3 Musha Zimbabwe may conduct identity checks and ask for proof to establish the existence of a Property and/or a Host and ownership of the Property. If Musha Zimbabwe – including as a result of information provided by Guests - suspects that the Host has supplied false information, the Host acknowledges that Musha Zimbabwe entitled to carry out identity checks and due diligence on the Host or to require the Host to prove the existence of a Property; if requested to do so, the Host agrees promptly (and in any event within any period requested by Musha Zimbabwe) to supply to Musha Zimbabwe such proof of identity or of a Property’s existence as Musha Zimbabwe requests. Each Host acknowledges that failure to comply with any such request constitutes a breach of these Host T&Cs.

9.4 Musha Zimbabwe complies with its Privacy Policy and Cookie Policy. The Host authorizes Musha Zimbabwe to forward the Host’s contact details, including telephone number, name and address, to Guests in connection with a Property booking. The Privacy Policy provides further details. Musha Zimbabwe may where necessary (including to prevent fraudulent behavior of a third party and in the event of a complaint, claim or potential litigation) give a Host`s contact details to a Guest. If you have provided your phone number, note that, according to your local regulations, you may have a right to register on an opposition list.

9.5 Musha Zimbabwe reserves the right to transfer these Host T&Cs, and to assign or subcontract, or sublicense any or all of its rights and obligations under these Host T&Cs, to a third party or to any other entity belonging to the Musha Zimbabwe Group but will not do so in such a way as to reduce any guarantees given to the Host under these Host T&Cs.

9.6 We may from time to time provide or facilitate services to Hosts to create or improve the quality of their Property Listings. We also may from time to time create new or otherwise change, the location or geographic descriptions we use to identify properties in Listings and search results. Consequently, we may change the location or geographic description associated with any Listing. However, we assume no responsibility to verify Listing content or the accuracy of the location. Hosts are solely responsible for ensuring the accuracy of Listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy. In any case, the Host will be liable for the addresses provided and which will be used as the basis for calculating applicable taxes. In particular, the Host’s billing address will be used to calculate the applicable VAT while the listing address will be used to calculate the applicable lodging tax as further set out in clause 12.6 and 12.7. In the event of inaccurate or incomplete addresses provided, the Host will be responsible for any additional taxes incurred. 

  1. Intellectual Property

10.1 The Site is owned by the Musha Zimbabwe Group. All content that appears on the Site is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

10.2 Hosts are permitted to download, display or print individual pages of the Site to evidence their agreement with Musha Zimbabwe. The relevant file or the relevant printout must clearly bear the text "© 2022 MushaZimbabwe

10.3 The Musha Zimbabwe Group owns the trademarks and registered trademarks Musha Zimbabwe, Musha Zimbabwe.COM, Hosts may not use or register the Trademarks or any confusingly similar trademark, name, or identifier in any way whatsoever except as permitted in this agreement, without the express written permission of Musha Zimbabwe.

10.4 Hosts may not use the Trademarks or the names or trademarks used by any member of the Musha Zimbabwe Group, including but not limited to “Musha Zimbabwe”, in any way whatsoever, may not bid on such Protected Terms for preferential placement in any pay for placement ad program or cost per click search engine, and will not use any Protected Terms as part of any trademarks or domain names or in keyword meta tags without the express written permission of Musha Zimbabwe.

10.5 Where a Host submits to or transmits through the Site or Musha Zimbabwe’s platform or systems any content of any type, including text or images, the Host undertakes that he/she has the right to do so, and has been granted all the necessary consents or permissions of any owners of featured items, locations or individuals.

10.6 To the extent that Host’s reviews or other content may contain trademarks or other proprietary names or marks, Host undertakes that it has obtained all requisite legal permissions and rights for Musha Zimbabwe’s use of such content on the Site. In the event Musha Zimbabwe receives any complaint that Host is infringing any third party copyright or other rights, Host will upon notice remove such infringing content unless it establishes that it has the right to use such content.

10.7 By submitting content to the Site (and Dashboard) (including but not limited to all text, descriptions, reviews, photographs, and the like), Hosts authorize Musha Zimbabwe to use such content both on the Site, in separately published form and as provided in clause 4.5.

10.8 To the extent that Hosts’ Listings and other submissions may contain trademarks, Host warrants that they have the right to use them, including sublicensing rights.

10.9 You agree to release, defend, indemnify, and hold the Musha Zimbabwe Group, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to claims that Hosts Content infringes any third party rights or violates any of the foregoing.

  1. Rights and obligations of the Host

11.1 The Host shall submit accurate and truthful information about his/her personal identity, billing address, payment data, tax registration status and applicable account numbers, Property offered in Listings and other communications using the Musha Zimbabwe Group platform or systems. In addition, the Host undertakes the responsibility to ensure the above information is kept accurate and up-to-date the entire time the Listing remains on the Site. 

11.2 The Host warrants and represents on an ongoing basis for so long as any Property is listed on the Site (i) it owns and/or has all necessary rights and authority to offer for rent and to proceed to take bookings for the Property listed by the Host (ii) if applicable it will not wrongfully retain a rental deposit in breach of the underlying rental agreement with the Guest (iii) that all of the information provided to Musha Zimbabwe is accurate and up-to-date, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates (iv) each Listing must relate to an individual and uniquely identified Property which is not a shared space (v) it will not wrongfully deny any Guest access to any Property (vi) it will provide any and all refunds when due in accordance with the applicable cancellation policy or underlying rental agreement except to the extent it relates to Stay Taxes previously collected by Musha Zimbabwe. 

11.3 The Host undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Site, and: (i) if a translation is provided to ensure that it is carefully and correctly translated, and: (ii) to comply with the listing guidelines when drawing up the Listing. The Host shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.

11.4 The Host must comply with Musha Zimbabwe’s Marketplace Standards, as updated from time to time. These Standards outline certain requirements for listings including but not limited to:

11.5 The Host undertakes to ensure that the calendar for each Listing is kept accurate and up-to-date to reflect the availability of the relevant Property as it is booked.

11.6 Hosts are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything libelous, slanderous or defamatory, or anything that infringes copyright or data protection law.

11.7 Host agrees to comply with any applicable laws, and represents that they are of the applicable legal age to contract with Musha Zimbabwe.

11.8 Host represents and warrants that listing their property will not breach any agreements currently with third parties (i.e., owner’s landlord, homeowners association, etc). Further, the Host represents that they comply with all local zoning laws, taxes, registrations, licenses and permits related to the listing.

11.9 Images included in a Listing should accurately depict the Property, must not be false or misleading, must not include people, and must not violate the privacy rights, intellectual property rights or any other rights of a third party.

11.10 If any Listing is in breach of these Host T&Cs, Musha Zimbabwe reserves the right to require Host to correct such breach, remove any Content that is in breach, or suspend, or terminate the relevant Listing or all Listings associated with the Host in accordance with clause 8 of these Host T&Cs.

11.11 User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage Hosts and Guests to communicate directly with each other through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further require you to take other reasonable measures to assure yourself of the other person’s identity and, for Guests, of the property and relevant details of your booking or proposed booking. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed. 

11.12 No Listing may be transferred to another party by a Host. In the event of a Property sale or change in Property management, Musha Zimbabwe will provide guidance on options for creating a new listing. 

11.13 If Musha Zimbabwe, through one of our guarantee or warranty programs, compensates a Guest for a loss caused by acts or omissions attributable to a Host, Musha Zimbabwe reserves the right to pursue the Host for the amount paid or contributed by Musha Zimbabwe toward the loss.

  1. Taxes

Host Taxes:

12.1 As a Host you are solely responsible, unless country regulations state otherwise, for determining your obligations to report, collect, remit or include in your Listing any applicable VAT or other indirect sales taxes, occupancy tax, tourist, gross receipts, real property or other visitor taxes or income taxes ("Taxes"). Musha Zimbabwe Group does not provide any tax advice. Host should consult their own tax specialist.

12.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, withhold such amounts as required by law, or to do both, then we are entitled to make such withholding until such information is provided. All amounts withheld by us pursuant to this clause shall be treated as paid to Host. You, the Host, are solely responsible for keeping the information in your tax forms current, complete and accurate.

Taxes on the Commission:

12.3 The Host shall be responsible for all charges relating to the Property and the Listings, and shall account to the relevant authorities for all applicable taxes (including, where relevant, but not limited to VAT) on the payments they receive. Musha Zimbabwe may be required to collect and remit taxes (inclusive of VAT, GST, sales taxes, or other equivalent taxes) on the commissions charged to the Host. Where required, Musha Zimbabwe will provide the Host with an invoice stating the amount of taxes charged on such commissions. If the Host is entitled to an exemption from taxes on the Commission, it must provide Musha Zimbabwe with required documentation and support for such exemption.

Stay Taxes:

12.6 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Listing is located may require certain taxes to be collected from Guests or Hosts related to such Listing, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Rental Amount set by Hosts, a set amount per day, amount based on number of guests, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Stay Taxes").

12.7 In certain jurisdictions, Musha Zimbabwe may decide in its sole discretion to facilitate collection and remittance of Taxes from or on behalf of Guests or Hosts, in accordance with these terms ("Collection and Remittance") if such jurisdiction asserts Musha Zimbabwe or Hosts have a Stay Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Musha Zimbabwe to collect Stay Taxes from Guests on the Host's behalf at the time the first online payment is made by the Guest and remit such Stay Taxes to the Tax Authority. The processing of Stay Tax payments will be carried out by Musha Zimbabwe Payments in accordance with the Accommodation Fee Collection Agreement. The amount of Stay Taxes, if any, collected and remitted by Musha Zimbabwe will be visible to and separately stated to both Hosts and Guests on their respective transaction documents. Where Musha Zimbabwe is facilitating Collection and Remittance, Hosts are not permitted to collect any Stay Taxes being collected by Musha Zimbabwe relating to their Listings in that jurisdiction. When Musha Zimbabwe facilitates Collection and Remittance of Stay Taxes in a jurisdiction for the first time, Musha Zimbabwe will provide notice to existing Hosts with Listings in such jurisdictions.

12.8 You agree that any claim or cause of action relating to Musha Zimbabwe's facilitation of Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by Musha Zimbabwe in connection with facilitation of Collection and Remittance, if any. Hosts agree that we may seek additional amounts from you in the event that the Stay Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Stay Taxes collected is a refund of Stay Taxes collected by Musha Zimbabwe from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

12.9 You expressly agree to release, defend, indemnify, and hold the Musha Zimbabwe Group, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Stay Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Stay Taxes in any amount or at all as to your transactions. For any jurisdiction in which we facilitate Collection and Remittance, Hosts grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Stay Taxes, including, but not limited to, information such as Host’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority in order to comply with a valid request.

12.10 Musha Zimbabwe reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts are once again solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Listings in that jurisdiction. In any jurisdiction in which we have not provided notice of or are not facilitating (or are no longer facilitating) the collection or remittance of Stay Taxes by Collection and Remittance, or any other means or method, in your jurisdiction, Hosts remain solely responsible and liable for the collection and/or remittance of any and all Stay Taxes that may apply to Listings.

12.11 Hosts acknowledge and agree that in some jurisdictions, Musha Zimbabwe may decide not to facilitate collection or remittance of Stay Taxes or may not be able to facilitate the collection and/or remittance of Stay Taxes, and nothing contained in these Terms of Service is a representation or guarantee that Musha Zimbabwe will facilitate collection and/or remittance of Stay Tax anywhere at all, including in any specific jurisdiction, or that Musha Zimbabwe will continue to facilitate any collection or remittance of Stay Tax in any specific jurisdiction in which it may have been offered. Musha Zimbabwe reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Stay Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Hosts reasonable notice in any jurisdiction in which Musha Zimbabwe determines to cease any such facilitation.

12.12 You agree to comply with all applicable tax laws and shall prevent the facilitation of tax evasion offences provided for in Zimbabwe. You shall not do anything which would cause Musha Zimbabwe to be in breach of any applicable tax law and you shall indemnify Musha Zimbabwe against any fines, damages, costs (including but not limited to legal fees), losses, liabilities, fees, penalties and expenses incurred by Musha Zimbabwe as a result of your failure to comply with this clause. 

  1. Prohibitions

13.1 The Host shall not directly or indirectly:

13.1.1 With respect to the Site, its content, and databases comprised in the Site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

13.1.2 Monitor content on the Site or communications with Guests by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property advertisements , or any subset of the same or which is in the business of providing short term property rental services or other services that compete with the Site or Musha Zimbabwe) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Musha Zimbabwe’s robots.txt file;

13.1.3 Use the Site, Musha Zimbabwe’s platform or systems, or any information provided by a Guest for purposes other than permitted by in these Host T&Cs;

13.1.4 Use the Site or the tools and services on the Site for the purpose of booking or soliciting a booking for a property other than a Property under a valid Listing;

13.1.5 Reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

13.1.6 Upload or send to the Site any content or programs, which on account of their size or nature, might damage Musha Zimbabwe’s computers or networks;

13.1.7 Include content on the Site or Musha Zimbabwe’s platform or systems that breaches any applicable criminal, intellectual property or other laws, or encourages any such breach;

13.1.8 Use or access the Site or Musha Zimbabwe’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);

13.1.9 Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability;

13.1.10 Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

13.1.11 Refer to Musha Zimbabwe or any of the Musha Zimbabwe Group in any way that might lead someone to believe that the Host, any Property, Listing or website is sponsored by, affiliated with, or endorsed by Musha Zimbabwe or any of the Musha Zimbabwe Group; or

13.1.12 Substitute a Property in a Listing for another Property without the prior consent of Musha Zimbabwe. Prohibited substitution activities include:

13.1.12.1 One single listing for multi-properties: use of one Listing to promote more than one property available in a building;

13.1.12.2 Substitution: changing the Property which is displayed in a Listing as that Property becomes booked; and

13.1.12.3 Leeching: offering a Guest who enquires through the Site a different property than the one which is displayed in the relevant Listing.

13.1.13 Where online booking is enabled, delay its response to booking requests or the processing of Guest payments (Hosts with online booking enabled will use commercially reasonable efforts to respond to all booking requests from Guests within 24 hours of receipt of a request for booking and will also cause all Guest payments to be processed within 24 hours of authorization by the Guest for such payment).

13.2 In the event of any breach of this clause by a Host, Musha Zimbabwe reserves the right to suspend, or terminate the relevant Listing or all Listings associated with the Host in accordance with clause 8 of these Host T&Cs.

  1. Distribution of Listings to Third Party Websites.

To enable Hosts to obtain broader distribution of their properties, Musha Zimbabwe Group may provide your listing information and content, or otherwise provide for the distribution of your listing on a third party website. Additional terms and conditions may apply to such distributions, as we may notify you of via your dashboard or email.

  1. Responsibility of Host

15.1 Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the Properties they list on the Site prior to the arrival of their first Guest and will maintain adequate insurance coverage through the departure date of any Guest they have obtained via one of our Sites.

15.2 The Host will be held solely and exclusively responsible for all the financial consequences resulting from damage to Musha Zimbabwe due to content or any program transmitted or sent by the Host that results in any damage to the hardware or software of Musha Zimbabwe, including damaging the Site, system or data or by causing the failure of the Site, system or faults therein. The financial consequences mentioned above include reasonable legal fees.

  1. Notifications of Infringement of Intellectual Property

16.1 Musha Zimbabwe Group respects the intellectual property rights of others and expects Hosts to do the same. Musha Zimbabwe has and enforces a policy of not permitting users to post any materials that infringe the copyrights or trademark rights of others, and reserves the right to remove any Content for which it receives an infringement complaint. Under appropriate circumstances Musha Zimbabwe will terminate the account of subscribers and account holders who are repeat infringers. Repeat postings of infringing material are cause for termination of service.

16.2 Copyright Claims.  If you believe your copyrighted work is being infringed on or through the Site, please complete and submit a written Musha Zimbabwe Copyright Infringement Complaint Form (the “Notice”) to Musha Zimbabwe’s Designated Copyright Agent listed below. Upon receipt of a Notice, Musha Zimbabwe will take appropriate action, including removal of the challenged material from the Site and/or termination of the account of the Musha Zimbabwe user in appropriate circumstances.

Please include in the Notice:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  2. Identification of the images or material that is allegedly infringing your copyrighted work or is the subject of infringing activity and that you believe should be removed, with sufficient information to enable Musha Zimbabwe to locate the specific images or material.
  3. Your contact information, including your name, address, telephone number, and, if available, an email address at which you may be contacted.
  4. The following statement: I have a good faith/ belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. The following statement: The information in this Notice is accurate, and, under penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  6. And a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Deliver the Notice to Musha Zimbabwe’s Designated Copyright Agent:

16.3 Copyright Counter Notices. If material you have posted has been taken down based on a copyright claim, you may file a Counter Notice by email or regular mail that sets forth the information specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

  1. Identification of the specific content that was removed or disabled and the location that content appeared on Musha Zimbabwe’s Website. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

Sign the paper and send the written communication to the following address

16.4 Trademark Claims. If you believe the Site or a Listing is infringing or misusing your Trademark, please complete a written Musha Zimbabwe Trademark Misuse Complaint Form (the “Trademark Notice”) and deliver it to Musha Zimbabwe’s Trademark Agent listed below. Upon receipt of a Notice, Musha Zimbabwe will take appropriate action, including informing the Host that posted the allegedly infringing use of the Complaint with a request to consider and respond to the Complaint, removal of clearly infringing designations from the listing or Site and/or termination of the account of the Musha Zimbabwe user in appropriate circumstances.

Please include in the Notice:

  1. Identification of the Trademark claimed to have been infringed.
  2. Identification of the Site or listings on which the Trademark is allegedly being misused.
  3. Your contact information, including your name, address, telephone number, and, if available, an email address at which you may be contacted.
  4. The following statement: I have a good faith and belief that use of the above designation in the manner complained of is not authorized nor permissible.
  5. The following statement: The information in this Notice is accurate, and, under penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  6. And a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

16.5 Patent Notices. One or more patents owned by the Musha Zimbabwe Group may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending. 

  1. Musha Zimbabwe's limited liability

In compliance with its webhosting status, Musha Zimbabwe will be liable in the event of Musha Zimbabwe’s fault. If you are a consumer, to the extent permitted by law, Musha Zimbabwe will be liable for loss or damage you suffer that is a foreseeable result of our breaching these Host T&Cs Terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms were entered into, both we and you knew it might happen, for example, if you discussed it with us. To the extent permitted by law, Musha Zimbabwe will not be liable, in case of any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, notably including reasonable legal fees, (“Claims”), brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these HostT&Cs; or (d) your use of the Property, unless in case of Musha Zimbabwe’s fault. Musha Zimbabwe will provide notice to you promptly of any such claims.

If you are dissatisfied with the Site or Musha Zimbabwe’s platform or systems, or you do not agree with any part of these Host T&Cs, then your sole and exclusive remedy against Musha Zimbabwe is to discontinue using the Site. In all events, our liability, and the liability of Musha Zimbabwe Group, to you or any third party in any circumstance arising out of or in connection with the Site is limited, to the extent permitted by law, to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability, and (b) $100.00 in the aggregate. Nothing in these Host T&Cs shall exclude or restrict Musha Zimbabwe Group’s liability for death or personal injury resulting from its negligence; nor for Musha Zimbabwe Group’s fraud or fraudulent misrepresentation.

  1. Applicable law and jurisdiction

These Host T&Cs shall be governed by the laws of Zimbabwe and subject to the non-exclusive jurisdiction of the Zimbabwean courts, without prejudice to the applicable law and jurisdiction of the courts where the Host is resident (should the Host be a consumer). By way of illustration, where a Host is a Zimbabwean based consumer, mandatory provisions of Zimbabwean Law will apply and Zimbabwean courts will have jurisdiction.

  1. General

19.1 The headings to the clauses are for ease of reference only and do not affect the interpretation or construction of these Host T&Cs. No waiver of any term of the Host T&Cs shall be deemed a further or continuing waiver of such term or any other term. In addition, Musha Zimbabwe’s failure to enforce any term of the Host T&Cs shall not be deemed as a waiver of such term or otherwise affect Musha Zimbabwe’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Site, the Host T&Cs constitute the entire agreement between Host and Musha Zimbabwe with respect to the use of the Site. No changes to Host T&Cs shall be made except by a revised posting on this page.

19.2 Musha Zimbabwe recommends that the Host saves his/her own copy of these Host T&Cs in a separate file on its PC or in print-out form.

19.3 If you wish to make a complaint, you can submit it in the Dashboard.

19.4 In the event of a dispute between You and Musha Zimbabwe, You may use a conventional mediation procedure or any other alternative dispute resolution method as defined by law. 

19.5 You can submit your disputes with Musha Zimbabwe