STANDARD TERMS AND CONDITIONS OF SALE

These Standard Terms and Conditions of Sale (“Terms”) govern all sales and services provided by Mushe and apply to all transactions with our clients. The client explicitly waives any of its own terms and conditions, even if these were drawn up after Mushe’s Terms. Any deviations from these Terms must be expressly agreed to in writing in advance.

1. Fees and Charges

1.1 Platform Fee: Mushe applies a standard platform fee of $2 per voucher purchased, separate from any payment gateway fees.

1.2 Payment Gateway Fees: All payment gateway fees and charges, including those by Stripe, PayPal, or other third-party providers, are borne by the client and are separate from Mushe’s $2 platform fee.

1.3 Redemption Fee: An additional $0.15 is charged per redemption transaction, payable by the voucher redeemer upon use.

1.4 Voucher Transfer Fee: Transferring a voucher from one redeemer to another incurs an additional fee, payable at the time of transfer.

2. Payment Terms

2.1 Payment Due Date: Mushe’s invoices are payable within 21 working days unless otherwise specified on the invoice or order.

2.2 Late Payment: If payment is not received by the due date, Mushe reserves the right to charge interest at 10% of the outstanding amount. Mushe may also suspend service provision without prior notice in the event of late payment.

2.3 Debt Recovery: Should a payment remain outstanding more than sixty (60) days after the due date, Mushe reserves the right to engage a debt recovery service. All associated legal expenses will be the client’s responsibility.

2.4 Withholding at Source: Certain countries may impose withholding taxes on invoice amounts as per their internal legislation. The client is responsible for paying any such withholding to local tax authorities. Mushe’s invoice amount remains due in full, excluding any costs arising from the client’s country-specific legislation.

3. GDPR Compliance

3.1 Data Processing: Mushe complies with the European Union General Data Protection Regulation (GDPR) regarding the collection, processing, and storage of personal data. Personal data is handled responsibly and securely.

3.2 Purpose of Data Collection: Personal data collected is used solely for processing transactions, providing support, and improving Mushe’s services. We do not use personal data for any other purpose without the client’s consent.

3.3 Client Rights: Clients have the right to access, rectify, and erase their personal data, as well as the right to restrict or object to its processing. Clients also have the right to data portability, allowing them to request a copy of their personal data in a commonly used format.

3.4 Data Retention: Mushe retains personal data only as long as necessary to fulfill transaction and service obligations, or as required by applicable law. Data that is no longer required is securely deleted or anonymized.

3.5 Data Sharing: Mushe does not share client personal data with third parties except as necessary to process payments or comply with legal obligations.

3.6 Security Measures: Mushe implements robust security protocols to protect client data from unauthorized access, disclosure, alteration, or destruction.

4. Service Obligations

4.1 Service Standards: Mushe will make every effort to provide performant services within agreed timeframes. However, Mushe’s obligations are best-effort and do not constitute a guarantee of results.

4.2 Limitations of Liability: Mushe shall not be required to appear as a third party in any damages claims filed against the client by an end consumer. Any claims must be addressed directly with Mushe.

4.3 Claim Notification: To be valid, any claim must be sent to Mushe’s registered office by recorded delivery within eight (8) days of the service delivery.

5. Governing Law

All contractual relations between Mushe and the client will be governed exclusively by Zimbabwean law. The GDPR-related terms apply only to transactions involving European Union clients or where GDPR standards are required.