Terms and Conditions

Please read these terms carefully before using the Ndelima Web Site. These Terms and Conditions are a legal document. It sets out our agreement with you and forms the basis of your rights and obligations to us.

  • General Provisions

    The use of www.ndelima.com and Membership to Ndelima.com is subject to the following Terms and Conditions – which are effective from 1st May 2020.

    www.ndelima.com (the Web Site) is owned by Ndelima Enterprice (registered in Lusaka Zambia under registration number 320170005957) whose registered office is at 23/10 Chainda, off Simon Mwansa Kapwepwe road, Lusaka Zambia.

    If you become a Member of Ndelima.com you will be entitled to receive a reward for each completed sale made. The value of the reward will be set out in the Campaign’s specific terms and conditions of sale.

    • Jurisdiction

      These terms and conditions apply as between you, the user of the Web Site, or Member and us, Ndelima. By entering our Web Site, or becoming a Member, you are accepting these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately. By making an application for Membership you agree to these Terms and Conditions and confirm that you understand your obligations to us

      Your use of the Web Site and your Membership of Ndelima.com is governed by the laws of Zambia and any dispute arising in connection with these Terms and Conditions, your use of the Web Site, or any of our Services shall be heard exclusively in the courts of Zambia.

      Nothing in these Terms and Conditions shall be construed to create a joint venture, partnership or agency relationship between you and us, and neither of us shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

      These Terms and Conditions will only apply as between us and you. Unless as otherwise stated in these Terms and Conditions no other person may benefit or rely upon these Terms and Conditions. The Web Site is directed only at Zambian residents and nothing within

    • Language

      These Terms and Conditions and our correspondence with you will be communicated in the English language.

    • Enforceability

      We may modify any of these Terms and Conditions, at any time. Any revision will be posted on the Web Site, on this page.

      If any provision of these Terms and Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.

      These Terms and Conditions and the Privacy Policy (www.ndelima.com/privacy) form the entire agreement between us and your Membership excludes all other documents, statements or discussions with you which may have taken place prior to your application for Membership being accepted.

    • Transfer of Rights

      We may transfer our rights and obligations under these Terms and Conditions to another organization without notice, but this will not affect your rights or our obligations to you.

      If any event occurs that prevents us from carrying out our obligations or displaying the Web Site we will take reasonable steps to reduce the effect this has on you and your earnings under the membership drive campaign. If despite our efforts this disabling event continues for any period exceeding one week we may terminate your Membership but as a consequence will incur no liability to you.

  • Definitions & Interpretations

    In these Terms and Conditions, the following words shall have the following meanings:

    • Content: means any text, graphics, images, audio, video or other forms of information that appears on or forms part of the Web Site, and are capable of being stored on a computer.
    • Members: means users of the Web Site who have chosen to register with Ndelima.com. This definition also relates to “Membership” being the relationship between us and Members.
    • Merchant(s) means users of the Web Site who have chosen to register with Ndelima.com. This definition also relates to “Membership” being the relationship between us and Members.
    • Campaign: refers to a deal by Ndelima or from a Merchant for various products and/or services. These are made available to be purchased via the Ndelima Web Site.
    • Purchasing: means to buy or take possession of Campaigns from Ndelima or Merchants via the Ndelima Web Site. This definition includes \'Purchase\', \'Purchased\' and \'Purchasing\'.
    • Recommended Person: means a person who Purchases an Campaign through the Ndelima Web Site as a result of being informed about its existence by a Member of Ndelima.
    • Services: means the services provided by Ndelima to Members under these Terms and Conditions.
    • System: means any online communications infrastructure that Ndelima makes available through the Web Site. This includes, but is not limited to, emails, message boards and software applications.
    • Web Site: means the website that you are currently using and any sub domains of this site (unless expressly excluded by their own terms and conditions). Ndelima refers to the name of the Web Site.
    • Persons: words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
    • Headings, titles, sub-headings: such as (\'Definitions and Interpretations\' at the start of this section) are purely for ease of reference and do not form part of or affect the interpretation of these Terms and Conditions.
    • Include & Including: references to these words shall be deemed to mean respectively \'include(s) without limitation\' and \'including without limitation\'.
    • You & your: The person who proposes to use or is using this web site.

  • Intellectual Property

    All Content included on the Web Site, unless stated, is the property of Ndelima and our affiliates. By continuing to use the Web Site, you acknowledge that such material is protected by Zambia and International intellectual property laws.

    Users may view Web Site pages on screen and may print or download extracts for personal use. Users may supply a copy of any such extract to any third party provided that:

    • The extract is for their and that third party’s own personal use
    • The extract is not supplied as part of or incorporated in another work, website or publication
    • The extract is not supplied either directly or indirectly in return for commercial gain
    • The third party is made aware that the source of the Content is the Web Site and that these Terms and Conditions apply equally to them, as to you.

    No part of the Web Site may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without Ndelima’s express written consent.

  • Web site usage

    You agree to indemnify Ndelima against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with your use of the Web Site.

    We make all reasonable effort to test Content material before placing it on our Web Site. In the very unlikely event of any loss, disruption, or damage, to data or your computer system, we cannot be held responsible.

    • Availability of the Web site

      While we take all reasonable steps to ensure the Web Site is always accessible, we cannot be held liable if, for any reason, it is unavailable. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults.

      Ndelima accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

      We may have to suspend access to the Web Site for routine or emergency updates and maintenance, but we\'ll try to keep any disruption to a minimum.

    • Your Obligation

      You are are not allows;

      • To send or receive any material which is not civil or tasteful;
      • To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
      • To send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any Country in the World;
      • To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
      • To cause annoyance, inconvenience or needless anxiety;
      • To intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
      • For a purpose other than for which we have designed them, or intended them to be used;
      • For any fraudulent purpose; or in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

        Without limitation, you undertake and accept not to use or permit anyone else to use the Web Site or Service in the following circumstances

      • Resell the Service or Site
      • Furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
      • Attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
      • Access the Web Site or Services in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
      • Execute any form of network monitoring which will intercept data not intended for you;
      • Send unsolicited mail messages, including the sending of \'junk mail\' or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
      • Create or forward \'chain letters\' or other \'pyramid schemes\' of any type, whether or not the recipient wishes to receive such mailings;
      • Send malicious email, including flooding a user or site with very large or numerous emails;
      • Enter into fraudulent interactions or transactions with us or a Merchant or a Member of Ndelima;
      • Use in an unauthorised manner, or forge, mail header information;
      • Engage in any unlawful activity in connection with the use of the Web Site and/or the Services or any Campaign.

    • Content

      We reserve the right to add, amend, delete, edit, remove or modify any information, Content material or data displayed on the Web Site, without notice from time to time.

    • Links to External Sites

      This Web Site may contain links to other websites. Unless stated, Ndelima has no control over or proprietary interest in any of these websites and, as such, makes no promises nor gives and warranties with regard to the quality, security, accuracy or any other aspect of such websites, and excludes any and all liability arising from your use of the same.

    • Privacy

      Our Privacy Policy (www.ndelima.com/privacy) (which forms part of these Terms and Conditions) outlines how your Membership account information is handled. It includes the methods we employ to ensure privacy. By using the Web Site, you agree to the way in which we process and deal with the personal information you give to us, as a Member.

      We may disclose your personal information or access your account if required to do so by law, any court order, the Financial Conduct Authority, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency.

    • Disclaimers

      • Ndelima makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from your use of our Services.
      • This Web Site is not intended to provide advice, and the Content of the Web Site should not be relied upon when making any final decisions.

  • Complaints

    • Our Services

      Our aim is at all times to provide you with an excellent service. If you are unhappy with our Services for any reason, please follow the link in your dashboard

      If we do not have enough information to investigate your complaint we will try and contact you to ask for further details

    • Third-party Services

      If you are unhappy with any product you have obtained from a Merchant or have any complaint regarding any Merchant, you should address your complaint directly to that Merchant. If you require their contact details, please contact us notify@ndelima.com and we will be happy to assist.

      We cannot answer complaints about products or services on behalf of a Merchant or accept responsibility for any such complaints.

    • Liability

      Your attention is drawn to this section

      We will display all Campaigns with reasonable care and skill but we cannot and do not guarantee the Campaigns made by Merchants. Whilst we have no intention of avoiding the consequences or our own actions, or those of our representatives, we hereby limit our total liability during any successive period of twelve months (the first date being that on which your Membership is accepted) to the sum of K5000. As we do not sell any goods or services directly to you, or anyone else and all rewards under the Membership sharing network are governed by these Terms and Conditions this sum is deemed reasonable in the circumstances.

      Whilst nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury resulting from our negligence, or for any damage or liability incurred by you as a result of any fraud or fraudulent misrepresentation on our part, we are unable to cover any losses which are not directly covered by these Terms and Conditions (for example loss of earnings, loss of commissions, loss of opportunity or profit) due to any loss or delay in the receipt of a share or an incomplete purchase by a Recommended Person.

      Any issues related to any purchase must be sent directly to the Merchant in question. We are acting solely as an intermediary between you and the Merchant and cannot accept any liability for:

      • Any loss of revenue, business, anticipated savings or profits;
      • Any indirect claims or other claims arising through non-supply or late supply of any commission, a failure to credit your bank account speedily or other non-performance of our obligations to you;
      • Any termination or cancellation of a Purchase instigated by the Merchant;
      • The termination of your Membership (for any or no reason);
      • Any failure by you to comply with these Terms and Conditions or any conditions imposed on the campaign by the Merchant.