TERMS AND CONDITIONS
Terms and conditions of use of this inq. online service
Accessing any pages on this online service implies that you agree to the following terms and
conditions of use of this online service.
These terms and conditions contain provisions which appear in a similar text style to this clause
in order to draw your attention to such clauses because they:
- may limit the risk or liability of inq. or a third party; and/or
- may create risk or liability for you; and/or
- may compel you to indemnify inq. or a third party; and/or
- serve as an acknowledgement, by you, of a fact.
1.1. Whilst every effort has been made by inq.Digital Zambia Limited (“inq.”), and its suppliers
of information, to ensure the proper performance of this online service, the accuracy of the
information/images and the reliability of the binary data on this online service, inq., its
affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted
by law, guarantee the availability or accuracy of the services, content and/or information
offered on this online service (“the Service/s”).
1.2 inq. makes no representations or warranties, whether express or implied, and assumes no
liability or responsibility for the proper performance of the Services and the Services are thus
used at your own risk. In particular inq. makes no warranty that the Services will meet your
requirements, be uninterrupted, complete, timely, secure or error free.
1.3 This site may contain hyper-links to third party sites. inq. Holding is not responsible for the
content of, or the services offered by those sites. The hyper-link(s) are provided solely for your
convenience and should not be construed as an express or implied endorsement by Vodacom
of the site(s) or the products or services provided therein. You access those sites and use their
products and services solely at your own risk.
2.1. To the full extent permitted by law, you indemnify and hold inq. harmless against all and
any loss, liability, actions, suites, proceedings, costs, demands and damages which arises
directly or indirectly out of a breach of the terms of these terms and conditions by you or arising
out of or in connection with the failure or delay in the performance of the Services or your use
of the Services, (including direct, indirect, special or consequential damages), and whether in
an action based on contract, negligence or any other action, or the use of the Services, other
than in respect of losses caused by inq.’s gross negligence or intentional misconduct.
2.2. Without affecting the generality of 2.1 above, inq. shall not be liable to you for any breach
of these terms and conditions or failure to perform any obligations as a result of technical
problems relating to its network, termination of any licence to operate or use the network, act
of God, government control, restrictions or prohibitions or other government act or omission,
whether local or national, act of default of any supplier, agent or sub-contractor, industrial
disputes or any other cause beyond inq.’s control.
3. Use of services
3.1. You may only use the Services for lawful purposes and you warrant that you shall not:
3.1.1. use the Services to receive or transmit material which is in violation of any law or
regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of
confidence, in breach of any intellectual property rights, or otherwise objectionable or
3.1.2 use the Services for the transmission of “junkmail”, “spam”, “chain letters”, or unsolicited
mass distribution of SMS;
3.1.3 other than for your personal and non-commercial use, store on your computer, or print
copies of extracts from this site, and you may not, other than for your personal and noncommercial use, “mirror” or cache information provided via this site on your own server, or
copy, adapt, modify or re-use the text or graphics from this site without prior written permission
from inq. Holding.
4.1. inq. and all its associated companies are committed to respecting the privacy of your
personal data. To demonstrate its commitment, inq. has created this Security and Privacy
Statement in order to communicate its intent to provide effective processes for the appropriate
handling of such private information and to comply with applicable legislation that governs the
authentication, protection and disclosure of personal information.
4.2 What types of information are inq. collecting, and how do we do it you will be able to
explore the majority of the Services offered on this site without us collecting any identifiable
information from you. For the purpose of business communications, administration and
transacting inq. Holding may collect and/or use personal information, for example: your name,
address, telephone number, e-mail, current geographical location and/or account details. This
will enable inq. to:
1. Respond to queries or requests submitted by you;
2. Process orders or applications;
3. Resolve problems with goods and services previously supplied; and/or
4. Create products or services that may meet your future requirements. inq. will use,
collect, store, process, transmit or otherwise handle private information only with the
knowledge and consent of you, our customer.
inq. may store some information (commonly known as a “cookie”) on your computer when
you visit our web site. This enables inq. to recognise you during subsequent visits. The type of
information gathered is non-personal (such as: the IP address of your computer, the date and
time of your visit, which pages you browsed and whether the pages have been delivered
successfully. Apart from merely establishing basic connectivity and communications, inq. may
also use this data in aggregate form to develop customised services – tailored to your individual
interests and needs. Should you choose to do so, it is possible (depending on the browser you
are using), to be prompted before accepting any cookies, or to prevent your browser from
accepting any cookies at all. This will however cause certain features of the web site not to be
4.4 What about the security of my personal data?
inq. has implemented technology, policies and processes aimed at protecting the
confidentiality, integrity and availability of your personal information. We will update and
refine these measures on an on-going basis. Please note that inq. cannot be responsible for the
privacy policies and practices of other sites you may access using links from this Service. We
recommend that you check the policy of each site you visit and that you contact that specific
organisation if you have any concerns or questions. Please be aware that internet
communications are inherently insecure unless they have been encrypted. Your
communications may be routed through any number of countries before reaching this site. inq.
therefore assumes no responsibility or liability of any nature whatsoever for the interception or
loss of personal information beyond our control.
4.5 Will inq. disclose any of my personal information?
inq. does not distribute any of your personal information to third parties; unless it’s required to
deliver the products or services requested by you. In addition, inq. will not sell your personal
information to third parties unless you give us your specific permission to do so. For example,
we may disclose your data to a credit card company to obtain payment for a purchase you
initiated. It may also be necessary to pass on your data to a supplier who will deliver the product
on order. In addition, inq. may be obligated to disclose personal information to meet any legal
or regulatory requirements of applicable laws.
4.6 Amendments to this Security and Privacy Statement
inq. reserves the right to amend or modify this Security and Privacy statement at any time in
response to new privacy legislation.
4.7 Whilst your name and e-mail address which is supplied to us when registering for the
Services will not automatically be made available to the recipient of your SMS, we nevertheless
are able to trace the source of an SMS, and such information will be made available to the
authorities if required by law.
4.8 Monitoring or recording of your calls, e-mails or SMS’s may take place for business
purposes to the extent permitted by law, such as for example quality control and training for
the purposes of marketing and improving the Services. However, in these situations, we will
not disclose information that could be used to personally identify you.
4.9 You agree that inq. may, to the full extent permitted by law, receive or disclose your
personal information, documents, detailed call records, credit profile information and/or any
other credit information from or to any of inq.’s shareholders, related entities, suppliers,
agents, professional advisors or any company within the inq. Group for marketing purposes,
subject to your right to restrict receipt of unwanted marketing material or other rights in terms
of the Consumer and Competition Protection Act 24 of 2010
5. Electronic communications
All electronic communications, including any attachments thereto that are transmitted to you
by inq.t, shall be on the following terms and conditions:
5.1. Before any purported agreement, that has been negotiated either wholly or partly by
electronic means, shall be considered binding on inq., the following terms and conditions shall
5.1.1. An advanced electronic signature, (as defined in the Electronic Communications and
Transactions Act 21 of 2009), of a duly authorized member of the Board of Directors of inq.
shall be required to be used and attached to any electronic communication containing any offer
and/or acceptance by inq., as the case may be.
5.1.2 Where inq. is acting as the offeror, the agreement shall be deemed to have been concluded
at the time when and place where the acceptance of the offer was actually received by the
Director so acting on behalf of inq., and upon such Director expressly and manually
acknowledging receipt of such acceptance.
5.1.3 An electronic communications shall be considered to have been sent by a Director as
aforesaid only if:
184.108.40.206 the Director sent it personally; or
220.127.116.11 it was sent by a person who had the required authority to act on behalf of the said
5.2 Any opinion or advice contained in electronic communications shall be subject to the terms
and conditions contained in any governing agreement.
5.3 Vodacom is not responsible for the proper and/or complete transmission of the information
contained in the electronic communication or of the electronic communication itself nor in any
delay in its receipt.
5.4 Whilst inq. does employ virus filtering, it provides no guarantees or warrantees that the
electronic communication is virus-free.
6. Intellectual property rights
You acknowledge that inq. owns or is the licensor of the intellectual property rights in and to
all Services contained herein, and that the unauthorised use thereof is expressly prohibited. The
word or mark “inq.”, however represented, including stylised representation, all associated
logos and symbols and combinations of any of the aforegoing with another word or mark, used
on this site, are the trademarks of inq., or one of its affiliated companies.
7. Password and/or One Time PIN
If you have a password or One Time PIN (OTP) you undertake to keep it secure and warrant
that no other person shall use the Services utilising your password or OTP, and you
acknowledge further that you are responsible for ensuring that no unauthorised access to the
Service is obtained using your password or OTP, and that you will be liable for all such
activities conducted pursuant to such use, whether authorised or not.
8. Termination and variation
To the full extent permitted by law, we reserve the right to alter, restrict and/or terminate the
Services to you in particular, or to the public in general, without notice or reason, or to revise
these terms and conditions, and/or the prices at which the Services are offered, at any time.
Such changes will be posted on this site and will be deemed to have been accepted by you if
you continue using the Services. The obligation therefore is on you to review these terms and
conditions at regular intervals.
9.1. These terms and conditions will be governed by and construed in accordance with the laws
of Zambia, and you shall submit to the jurisdiction of the Zambian Courts.
9.2 These terms and conditions are severable, in that if any provision is determined to be illegal
or unenforceable by any court of competent jurisdiction, then such provision shall be deemed
to have been deleted without affecting the remaining provisions of the terms and conditions.
9.3 Our failure to exercise any particular rights or provision of these terms and conditions shall
not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in
9.4 These terms and conditions, as varied by us from time to time pursuant to clause 8, above
constitute the sole agreement between you and inq..