ZenziShift Terms and Conditions

Effective Date: 1 August 2025

Website: www.zenzishift.com

Platform: www.app.zenzishift.com

Email: support@zenzishift.com

ACCEPTANCE OF TERMS

By accessing or using the ZenziShift platform, you agree to these Terms and Conditions. If you do not agree, please do not use the service. These terms are binding upon registration and use.

GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL USERS AND VISITORS OF THE WEBSITE

1. RECITALS

1.1 This document sets out the General Terms and Conditions of the Zenzishift platform (the Website), a Software-as-a-Service Platform, pertaining to the access and use of the information, products, services, and functions provided on www.zenzishift.com and any website/s that it may redirect to, which websites it owns and manages.

1.2 For specific terms dealing with the provision of services to either a Company, Business, (Company), and/or a freelance worker, or other temporary job seeker (personnel), see our Specific Service Terms and Conditions, which are incorporated into these Terms by reference.

1.3 Note distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities herein.

1.4 The Terms constitute an agreement between the Service Facilitator and the applicable users, unregistered or registered as such, on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms and any incorporated terms or policies, as amended and/or replaced by the Service Facilitator from time to time. Should any person who accesses the Website disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.

1.5 The Service Facilitator may immediately terminate these Terms or any of its services with respect to you, or generally cease offering or deny access to its services or any portion thereof, at any time, for any reason. You will be notified in writing should the changes affect your registered profile.

1.6 The Service Facilitator reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website and shared with registered users in writing. If you are not satisfied with the amended Terms, you should refrain from using the Website.

1.7 You should check our Website regularly for any changes that will apply from the date that they are uploaded. For further information about any applicable rules, please contact support@zenzishift.com. It is solely your responsibility to ensure that you are aware of, have read and understood any changes as and when they become applicable; where we are under no obligation to ensure that you have done so.

1.8 Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed incorporated into, the Terms for the purposes of the services.

1.9 Our collection and use of personal information in connection with services facilitated is as provided in the Service Facilitator's Privacy Policy provisions below. The Service Facilitator may provide to a business and/or personnel user any necessary information (including your contact information) to render aspects of its services, or if there is a complaint, dispute or conflict that requires the information.

1.10 The terms "user", "you" and "your" are used interchangeably in these Terms and refer to all persons accessing the Website or using the Service Facilitator's services for any reason whatsoever. Accordingly, the terms "us", "our" or "we" used refer to the Service Facilitator or its possession.

1.11 Not all terms are necessarily defined in order.

1.12 If there is anything in the Terms that you do not understand then please contact us at support@zenzishift.com for clarification as soon as possible.

2. DEFINITIONS

2.1 Words importing:

  • 2.1.1 any one gender includes all genders;
  • 2.1.2 the singular includes the plural and vice versa; and
  • 2.1.3 natural persons include juristic persons (corporate or unincorporated) and vice versa.

2.2 "Access" means the access that any user of the website enjoys based on the license granted by the Service Facilitator, and, if applicable, paid for by the Company and/or the Personnel, for the use of the Website Platform and/or for the use of the Website's facilitation services at the agreed terms of the access license;

2.3 "Shift Application" means A Software-as-a-Service (SaaS) platform that facilitates shift-based work engagements between Shiftseekers (individuals looking for hospitality shifts) and Venues (businesses offering hospitality-related shifts).

2.4 "Shift" means the confirmed time period during which the personnel will render its services to the Company;

2.5 "Shift Period" means the period during which the personnel has been booked by the Company and will render its services to the Company;

2.6 "Shift Request" means the request sent by the Company to a personnel user

2.7 "Data subject" shall have the same meaning as in POPI;

2.8 "ECTA" means the Electronic Communications and Transactions Act, No. 25 of 2002 (including its regulations, and as amended from time to time);

2.9 "Facilitation Fee" means the fee charged, if applicable, by the Service Facilitator, and paid by the Company for the facilitation of the booking made via the Website and/or for follow up services relating to the booking as further described in the Specific Service Terms;

2.10 "IFRS" means International Financial Recording Standards and shall include IFRS for Small and Medium-sized Entities ("SMEs") where applicable;

2.11 "Information" means any Personal Information submitted or any information that may be submitted on/to the Website and/or to the Service Facilitator from time to time by any user of the Website;

2.12 "Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Service Facilitator, now or in the future, including without limitation, the Service Facilitator's rights in and to intellectual property including (without limitation) the rights in and to trademarks, service marks, trade names, domain names, logos, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), utility models, registered and unregistered design rights, copyright, semi-conductor topography rights, database rights, and all similar proprietary rights which may subsist in any part of the world, as well as any Confidential Information or processes relating to that subject matter and specifically includes any other proprietary rights in and to any business plans and proposals, business processes and functional and technical specifications and any related material;

2.13.1 "Invoice for facilitation" means the invoice issued by the Service Facilitator for the agreed upon Access License Fee and/or Facilitation Fee payable on the stated due date directly to the Service Facilitator's bank account with no offset;

2.13.2 "Invoice for Services Rendered" means the Shiftseeker's invoice, issued to the Venue in accordance with applicable accounting standards, reflecting the agreed payment amount for shifts completed as arranged via the ZenziShift platform. Payment must be made by the Venue directly into the Shiftseeker's designated bank account on or before the agreed date.

2.14 "License Fee/Licensing Fee" means the fee charged by the Service Facilitator where applicable, and paid by the Company and/or the shiftseeker, for the full access to the Website Platform and/or for the use of the Website's facilitation services, and as further described in Clause 5 below;

2.15 "Personnel/Shiftseeker" means a person regsiters on the Website for the purpose of making his or her services available to a Company, and it is expressly understood that same services are provided as an independent contractor to the Company;

2.16 "Hourly Fee/Rate" means the hourly fee charged by the personnel user to the Company for rendering their Services to the Company for the Shift Period, which Fee is paid by the Company directly to the personnel after an invoice has been received from the personnel user in the capacity of an independent contractor by the company;

2.17 "POPI" means the Protection of Personal Information Act, No. 4 of 2013 (including its regulations, and as amended from time to time);

2.18 "Payment Method" means the mode of payment chosen by the Company or personnel user upon Registration to settle Fees, Facilitation Fees and Access License Fees, where applicable;

2.19 "Personal Information" means any personal information submitted by or collected from any user of the Website upon registration and/or its use of the Website, and shall have the same meaning as defined in POPI;

2.20 "Platform" means www.zenzishift.com, and all webpages relating to it and/or its affiliate websites, pages, blogs, apps or online platforms.

2.21 "Subscription Fee" – A fee charged to Venues by ZenziShift for access to the platform's shift booking and workforce management tools.

2.22 "Venue/Company" means any business, in this particular case on www.zenzishift.com, any Bar, restaurant, club/lounge, coffee cafe, hotel, geusthouse/B&B, Wedding venue, MCIE venue, event planning firm, or other establishment which provides hospitality, tourism or catering services by nature, and who registers on the Website for the purpose of making use of the Independent Services of a Shiftseeker.

2.23 "Processing" shall have the same meaning relating to the processing of Personal Information as defined in POPI;

2.24 "Proprietary Material" means all copyright and other Intellectual Property Rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, Confidential Information, designs, agreements, and multimedia works, published on or through the Website;

2.25 "Registration" or "Sign up" means the process followed by any user of the Website whereby it enters Information on the Website, which information may include Personal Information, in order to use the Booking facility and/or other services facilitated via the Website;

2.26 "Service/s" means the work performed and to be performed by a personnel user who has completed the Registration process and is subject to the Service Facilitator's Terms;

2.27 "Service Facilitator" means the zenzishift platform.

2.28 "Terms" means the terms and conditions of the Service Facilitator pertaining to the access and use of the Information, products, Services and functions provided and includes any agreement between the Service Facilitator and the Company and the Service Facilitator and the Shiftseeker;

2.29 "Website" means www.zenzishift.com and/or its affiliate websites, pages, blogs, apps or online platforms.

Scroll down to continue reading the full terms

3. PLATFORM PURPOSE

ZenziShift:

  • • Provides a booking and scheduling platform to connect Shiftseekers with Venues.
  • • Does not employ Shiftseekers nor operate as a labour broker or recruitment agency.
  • • Acts solely as a facilitator of independent contractual arrangements between Shiftseekers and Venues.

If you make use of the Website and/or the Services Facilitator's services, you do so entirely at your own risk and via private transaction with the relevant shiftseeker or venue, where the Service facilitator is in no way involved other than as provided for in these Terms. Please take care in understanding all the applicable policies and terms when using this service. Although the Service Facilitator verifies each shiftsekker's profile and Venue's standards and services prior to being visible on the Platform, the Service Facilitator is not responsible for the quality or standard of any service advertised or provided by a shiftseeker or venue.

4. USER ACCOUNTS & RESPONSIBILITIES

4.1 Platform Usage Restrictions

As a registered user of ZenziShift, whether as a Shiftseeker or Venue, you agree that you will not—yourself or through a third party:

4.1.1 Copy, reproduce, adapt, modify, lease, sub-license, or otherwise exploit any part of the ZenziShift platform unless explicitly allowed in these Terms and for purposes consistent with the platform's intended use;

4.1.2 Reverse-engineer, decompile, or disassemble any part of the ZenziShift website or software;

4.1.3 Create derivative works or build similar services based on any aspect of the ZenziShift platform;

4.1.4 Alter or attempt to enhance the platform without prior written consent from ZenziShift; any such unauthorized modifications become the property of ZenziShift;

4.1.5 Share or give access to your account or the platform to any third party without ZenziShift's written approval;

4.1.6 Remove or obscure any branding, copyright, or proprietary notices found on the platform;

4.1.7 Upload or share any content on ZenziShift that is unlawful, abusive, defamatory, obscene, discriminatory, or otherwise offensive or inappropriate;

4.1.8 Use the platform for any purpose other than managing or securing hospitality shift work as a Shiftseeker or Venue.

4.2 User Responsibilities

All users of ZenziShift also acknowledge and warrant the following:

4.2.1 You must create and maintain an active ZenziShift account to access most services;

4.2.2 You must be 18 years or older to register and use the platform;

4.2.3 You may not permit others to use your account, and individuals under 18 may not use the platform;

4.2.4 You must provide accurate and current personal and/or business information during registration, including:

  • • Name, contact details, and identification;
  • • Bank account details (Shiftseekers);
  • • Business registration and billing details (Venues);
  • • Valid payment method (Venues only).

4.2.5 You are responsible for keeping your account details updated and accurate;

4.2.6 Failure to maintain valid, up-to-date account or payment information may result in account suspension or termination;

4.2.7 You are responsible for all activity that occurs under your account and must protect your login credentials;

4.2.8 You may only register one account per Venue and one account per Shiftseeker, unless otherwise authorised in writing by ZenziShift;

4.2.9 You may not transfer or assign your account to another person or business without notifying ZenziShift;

4.2.10 You agree to comply with all applicable laws while using the platform and must not use ZenziShift to cause disruption, harm, or damage to other users or the service;

4.2.11 You are responsible for ensuring you have the necessary internet access, data plans, and compatible devices to access and use ZenziShift. ZenziShift is not liable for any limitations, delays, or malfunctions due to connectivity or hardware issues.

For Shiftseekers:

  • • You are an independent contractor.
  • • You must ensure you meet the required hospitality standards.
  • • You are responsible for issuing your invoices to Venues.
  • • You are responsible for your own tax compliance and professional liability (if applicable).
  • • Repeated cancellations or no-shows may result in suspension.

For Venues:

  • • You must ensure that your venue is legally registered.
  • • You agree to pay Shiftseekers as per the agreed hourly rates.
  • • You agree to pay ZenziShift's Monthly Subscription Fee on time.
  • • Cancelling a confirmed shift does not entitle you to any prorated refund of your subscription.

5. BOOKINGS & PAYMENTS

• Shift Bookings are initiated by the Venue and accepted by the Shiftseeker via the platform.

• ZenziShift charges a Monthly Subscription Fee for use of the platform, regardless of the number of bookings.

• Payment for work rendered is made directly by the Venue to the Shiftseeker.

• All users are responsible for ensuring invoices are paid within agreed terms (usually within 7 days of shift completion).

CANCELLATIONS & DISPUTES

(see full dispute resolution, section 17)

  • • If either party cancels a confirmed shift, they must notify the other via the platform.
  • • Disputes regarding payment, conduct, or service delivery must be resolved between the Venue and Shiftseeker.
  • • ZenziShift may, at its discretion, assist in mediation but is under no obligation to do so.

6. PLATFORM FEES

• ZenziShift charges a Monthly Subscription Fee to Venues, which grants access to shift management features.

• The Subscription Fee is billed monthly in advance and is non-refundable unless otherwise stated.

• ZenziShift reserves the right to adjust pricing with reasonable notice.

7. Content of the Website

ZenziShift may update, change, or discontinue any part of the website or its content at any time, with notice provided where relevant. While efforts are made to ensure accurate information, the platform does not guarantee that the content is error-free, virus-free, or meets any specific performance standards. ZenziShift disclaims all warranties and is not responsible for verifying third-party claims or the accuracy of information submitted by external sources.

8. Linked Third-Party Websites and Content

7.1 ZenziShift may collaborate with or display content from third-party service providers, advertisers, or partners to enhance the user experience or offer value-added services. While these third parties may appear on the platform, ZenziShift does not control their content or services and makes no warranties about their accuracy, reliability, legality, or suitability. Any third-party content is provided "as is," and ZenziShift is not liable for any losses or damages arising from your use of or reliance on such content.

7.2 The platform may include links to external websites for your convenience. These links do not imply endorsement by ZenziShift, nor is ZenziShift responsible for the content, policies, or security of those external sites.

7.3 While we strive to work only with reputable third parties, ZenziShift cannot guarantee the accuracy or integrity of information on linked or partner websites. These sites operate independently, and you are encouraged to review their terms and privacy policies before engaging with them.

7.4 You agree that ZenziShift is not liable, directly or indirectly, for any damage or loss caused by your interaction with third-party websites or services, including any transactions you may enter into. Your dealings with these third parties are strictly between you and them.

7.5 The ZenziShift platform may contain sponsored content or advertising. Advertisers are solely responsible for ensuring that their materials comply with all legal and regulatory requirements.

7.6 To the maximum extent permitted by law, ZenziShift, its partners, affiliates, employees, and agents are not liable for any errors or inaccuracies in third-party advertising or sponsorship content displayed on the platform.

9. Security

9.1 To maintain the security, stability, and reliability of the ZenziShift platform and its services, ZenziShift reserves the right to take any necessary actions it deems appropriate to protect its systems, databases, networks, and platform infrastructure.

9.2 Users may not use the ZenziShift platform in any way that could compromise its security or functionality. This includes, but is not limited to, attempting to gain unauthorised access to any part of the platform, introducing malicious software or harmful code, or attempting to tamper with or disrupt ZenziShift's systems. Such actions are strictly prohibited and may result in both civil and criminal liability.

9.3 Any user who engages in activities that violate South Africa's Electronic Communications and Transactions Act (ECTA)—specifically sections 85 to 88 of Chapter 13—or any similar legislation will be held liable for all damages, losses, and costs suffered by ZenziShift, its partners, or users, in addition to facing possible legal prosecution.

10. Intellectual Property Rights

10.1 All proprietary material on the ZenziShift platform, including but not limited to software, branding, content, and design elements, is either owned by or licensed to ZenziShift and is protected by local and international intellectual property laws and treaties.

10.2 By submitting any content to ZenziShift (excluding personal information), including reviews, feedback, or other materials intended for publication on the platform, you grant ZenziShift and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable license to use, edit, reproduce, publish, translate, sub-license, distribute, and incorporate such content—worldwide and in any form or medium—without restriction. You retain ownership of your content, subject to this license. If you believe your content has been misused or misrepresented, please contact us at support@zenzishift.com.

10.3 Except as expressly granted under these Terms, no license or right is conferred to you in respect of any proprietary material on the platform. All rights not explicitly granted remain reserved by ZenziShift.

10.4 You may not copy, adapt, alter, modify, reproduce, distribute, display, or otherwise use any proprietary material from the ZenziShift platform without prior written consent.

10.5 Unless otherwise indicated, ZenziShift is the sole owner of all materials available on the platform. You acknowledge that you have no rights, title, or interest in such materials, regardless of whether they are marked as confidential or publicly available.

10.6 You are permitted to view, temporarily download, and print content from the ZenziShift platform solely for personal and informational purposes. This does not extend to any commercial use, reproduction, or redistribution of such content without explicit permission.

11. Risk, Limitation of Liability and Indemnity

11.1 Your use of the ZenziShift platform and any information made available through it is entirely at your own risk. You accept full responsibility for any loss, cost, or damage resulting from your use of the platform, including actions taken based on content or information found therein.

11.2 Information transmitted over the internet, including via email or through the ZenziShift platform, is susceptible to interception or monitoring. You acknowledge and accept the risks associated with this. ZenziShift is not liable for any loss or damage arising from such transmissions. ZenziShift may request independent verification of electronically submitted information, and you consent to such verification if requested.

11.3 To the maximum extent permitted by law:

  • 11.3.1 ZenziShift, its partners, affiliates, third-party service providers, employees, agents, or representatives shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages—whether arising from contract, delict (tort), statute, or otherwise—related to your use of, or inability to use, the ZenziShift platform or its services, even if ZenziShift has been advised of the possibility of such damages;
  • 11.3.2 ZenziShift's liability for platform-related malfunctions shall be limited to correcting the issue within a reasonable time at no cost, provided the issue is reported promptly. This liability will be nullified if you, or an unauthorised third party, attempt to repair, alter, or tamper with the platform without written consent from ZenziShift. ZenziShift will not be liable for lost profits, business interruption, or any indirect or special damages resulting from use of or reliance on the platform or associated services;

11.3.3 You agree to fully indemnify and hold harmless ZenziShift, its partners, and service providers from any loss, damage, claim, or expense incurred—directly or indirectly—due to:

  • • Your use of the ZenziShift platform or services;
  • • Any third-party software, support, or modifications applied without ZenziShift's consent;
  • • Your breach of these Terms or any other applicable user obligations;
  • • Actions or decisions by telecom providers or service disruptions beyond ZenziShift's control;
  • • Interruptions, downtime, or unavailability of the platform for reasons outside ZenziShift's reasonable control.

11.4 While ZenziShift strives to provide a high-quality, reliable platform, it does not warrant the accuracy, completeness, or continuous availability of any content or features. You expressly waive any claim against ZenziShift for losses resulting from incorrect, outdated, or unavailable information provided through the platform.

12. CONFIDENTIALITY

12.1 By registering as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party any information acquired in connection with any aspect of the products and/or services offered by the Service Facilitator. You shall notify the Service Facilitator should you discover any loss or unauthorised disclosure of such information.

12.2 Any information or material sent to the Service Facilitator will be deemed not to be confidential, unless otherwise agreed in writing by the user and the Service Facilitator.

13. Privacy and Data Protection

13.1 Collection of Personal Information

By registering or using the ZenziShift platform, you consent to ZenziShift collecting, processing, and storing certain types of personal information, including:

  • Information you provide directly: Such as your name, contact details, location, ID or passport number, payment or banking information, work preferences, and professional or business details.
  • Information collected automatically: Such as your device's IP address, browser type, location data, usage patterns, and other digital identifiers through cookies and analytics tools.

13.2 Keeping Your Information Updated

You are responsible for providing accurate and up-to-date personal information. While ZenziShift may update information upon request, it is not obligated to verify the accuracy of all user-submitted data.

13.3 Responsibility and Consent

You confirm that:

  • • All personal information shared is your own, or you are authorised to provide it.
  • • Any additional information you provide is truthful and not misrepresented.
  • • You consent to ZenziShift using your information for legitimate business purposes, including:
  • - Communicating with you regarding shifts, updates, or services;
  • - Improving the platform and personalising your experience;
  • - Marketing services (unless you opt out);
  • - Compliance with legal obligations.

13.4 When We Share Your Information

ZenziShift may share your information with:

  • • Employees and verified third-party service providers who help us operate the platform and support users;
  • • Venues or Shiftseekers where needed to facilitate a shift match;
  • • Government authorities or legal entities when legally required or in cases of suspected fraud or harm;
  • • Technology and marketing partners (under strict contractual confidentiality and data use terms).

13.5 Our Commitment to Your Privacy

ZenziShift commits to:

  • • Treating your personal data as strictly confidential;
  • • Using appropriate technical and organisational measures to protect your information;
  • • Notifying you of any unauthorised access or use of your data;
  • • Allowing you to view, correct, or request deletion of your personal data, subject to legal requirements;
  • • Not retaining your data longer than necessary.

We will never sell your personal information or make it available to third parties outside the scope of this agreement without your consent.

13.6 Third-Party Links and Cookies

ZenziShift may use cookies to improve platform functionality and collect usage data. These cookies do not personally identify you. You may disable cookies in your browser, but this could limit access to certain features.

ZenziShift is not responsible for how third-party websites linked from our platform use your personal data. You should review their privacy policies separately.

13.7 Data Subject Rights

You may request access to your personal data held by ZenziShift at any time. If the data is held by a Venue or Shiftseeker, you must contact them directly to exercise your rights under South Africa's Protection of Personal Information Act (POPIA).

13.8 Data Obligations of Venues

Venues using ZenziShift agree to:

  • • Only process Shiftseeker data as instructed by ZenziShift;
  • • Maintain appropriate security measures to protect personal information;
  • • Assist ZenziShift with any data subject requests or privacy compliance obligations;
  • • Notify ZenziShift of any data breach, privacy complaints, or regulatory correspondence immediately;
  • • Not transfer personal data outside of South Africa without written consent from ZenziShift;
  • • Cooperate fully with ZenziShift in investigating and managing any incidents involving data loss or compromise.

14. Breach or Cancellation by ZenziShift

14.1 ZenziShift reserves the right, without prior notice and in addition to any other legal remedies available, to suspend, restrict, or permanently terminate a user's access to the ZenziShift platform and related services; or to demand the immediate fulfilment of any obligation—regardless of whether the due date has arrived—if the user:

  • 14.1.1 breaches any of these Terms and Conditions;
  • 14.1.2 in ZenziShift's sole discretion, misuses or attempts to misuse the platform or its services in any unauthorised, unethical, or abusive manner; or
  • 14.1.3 violates any applicable law, regulation, or legal requirement while using the platform.

14.2 In the event of any breach, ZenziShift may pursue legal action against the user without further notice. The user agrees to reimburse all legal costs incurred by ZenziShift in such proceedings on an attorney-and-own-client scale.

15. User Termination of Agreement and ZenziShift Services

15.1 If you wish to terminate your agreement with ZenziShift, you may do so by requesting deactivation of your account. Please contact us at support@zenzishift.com and stop using the platform and its services.

15.2 Any obligations or liabilities you incurred before the termination date—such as outstanding subscription fees or pending shifts—will remain enforceable after termination.

15.3 Upon termination, your ZenziShift account will be deactivated and no longer visible to other users (Shiftseekers or Venues). You may request reactivation of your account at any time, subject to ZenziShift's approval and the current Terms of Use.

16. COMPLIANCE WITH LAWS

16.1 You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to the Website and/or Service Facilitator services.

17. Dispute Resolution

17.1 If any dispute, disagreement, or claim arises between a Shiftseeker and a Venue regarding a confirmed shift, completed work, payments, cancellations, or any related matter, both parties agree to attempt to resolve the issue directly between themselves. ZenziShift is not obligated to mediate or become involved in such disputes but may choose to do so at its sole discretion. If ZenziShift elects to engage, it does so voluntarily and without assuming legal responsibility for the outcome.

17.2 If a dispute arises between you (Shiftseeker or Venue) and ZenziShift in connection with your use of the platform or its services, both parties agree to attempt resolution through direct and amicable negotiation, acting in good faith and in the best interest of all parties involved.

  • 17.2.1 If the matter cannot be resolved through direct negotiation within a reasonable timeframe, the dispute will be referred to an independent industry mediator agreed upon by both parties.
  • 17.2.2 Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, even if the monetary value of the dispute falls below its usual threshold. Either party may also seek redress through a relevant ombud or statutory tribunal, where applicable.
  • 17.2.3 Both parties agree not to publicly disclose or comment on the dispute through social media, online platforms, or any public forum. Any breach of this clause that results in reputational damage may lead to legal claims for financial compensation.

18. Notices and Communication

18.1 Unless otherwise stated, all notices or communications must be delivered via email. Notices to ZenziShift must be sent to support@zenzishift.com, and notices to you (the user) will be sent to the email address you provided during registration or any updated address you've shared with ZenziShift. A notice sent by email will be considered received 48 hours after being sent, unless the sender receives a bounce-back or error message indicating the email is invalid.

Alternatively, ZenziShift may send formal notices to your registered physical address via registered mail with return receipt requested, in which case the notice will be considered received 7 days after mailing.

18.2 You acknowledge and agree that all agreements, notices, and legal communications may be sent electronically and will be regarded as "in writing" in terms of applicable law. If any written notice or communication is actually received by a party - even if not delivered to the chosen address - it will still be considered valid and effective.

19. General Clauses and ZenziShift Information

19.1 Company Information (Section 43 ECTA)

Platform URL: www.zenzishift.com

Platform Owner: UBOMI ZENZI (Pty) Ltd

Legal Status: Private Company

Company Registration: 2025 / 517617 / 07

Nature of Business: Online staffing marketplace for hospitality shift work

Email: support@zenzishift.com

Website: www.zenzishift.com

Physical Address:
8 GROVE AVENUE
CAPE TOWN, WESTERN CAPE, 7708

Postal Address: Same as above

19.2 These Terms are governed by the laws of the Republic of South Africa, and shall be interpreted in accordance with those laws, regardless of the user's location.

19.3 The ZenziShift platform is controlled and operated from within South Africa. We make no guarantee that the content is appropriate or lawful for use in other countries. Users accessing the platform from outside South Africa do so at their own risk and are responsible for complying with local laws and regulations.

19.4 ZenziShift does not guarantee uninterrupted or error-free access to the platform. Performance may be impacted by external factors beyond our control.

19.5 If any part of these Terms is found to be invalid, unlawful, or unenforceable, the remainder of the Terms will continue to apply as far as legally possible.

19.6 A failure by ZenziShift to enforce any provision of these Terms does not waive our right to enforce that provision in the future.

19.7 Users may not assign, transfer, or delegate any rights or obligations under these Terms without prior written consent from ZenziShift.

19.8 These Terms represent the full and final agreement between you and ZenziShift. No other representations, warranties, or promises (whether verbal or written) not recorded here shall be binding.

19.9 Headings are for reference only and do not influence the interpretation of these Terms.

19.10 These Terms constitute the entire agreement between you and ZenziShift with regard to your use of the platform.

19.11 No clause in these Terms is intended to override or breach any mandatory provisions of applicable consumer protection laws. If any clause is found to conflict with such laws, it will be adjusted or removed accordingly.

END

Thank you for reading our Terms and Conditions