Terms of Service

Effective Date: 18 March 2026

Last Updated: 18 March 2026

Welcome to Utumba. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "User") and Castmax Technologies Limited, a company registered under the laws of the Republic of Zambia, trading as Utumba ("we", "us", "our", "Utumba", "the Platform").

By creating an account, accessing, or using the Utumba mobile application, website, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Definitions

• "Platform" means the Utumba mobile applications (customer app, store owner app, point-of-sale app), the Utumba website, and all associated backend services.
• "Store" or "Vendor" means a verified third-party seller who lists and sells products through the Platform.
• "Customer" means any individual who registers for or uses the Platform to browse, purchase, or otherwise engage with products and services.
• "Layby" means an installment-based payment plan where a product is reserved upon payment of a deposit and released upon full payment. Subject to the separate Layby Terms & Conditions.
• "Financing" means a Buy Now Pay Later arrangement facilitated through approved finance partner banks. Subject to the separate Financing Terms & Conditions.
• "ZMW" means the Zambian Kwacha, the sole currency used on the Platform.
• "Content" means any text, images, data, reviews, or other material submitted to or displayed on the Platform.
• "App" means the Utumba mobile application software downloaded and installed on your device from the Apple App Store or Google Play Store.
• "ECT Act" means the Electronic Communications and Transactions Act, 2021 of the Republic of Zambia.
• "DPA" means the Data Protection Act, 2024 of the Republic of Zambia.

2. Eligibility

To use the Service, you must:

1. Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater;
2. Have the legal capacity to enter into a binding contract;
3. Not be prohibited from using the Service under any applicable law of the Republic of Zambia;
4. Provide accurate and complete registration information.

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Verification

3.1 Account Creation

To access certain features of the Platform, you must create an account by providing your email address and creating a password, or by signing in with a supported third-party service (such as Google). You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your information to keep it accurate and complete;
• Maintain the security and confidentiality of your login credentials;
• Accept responsibility for all activities that occur under your account.

3.2 Verification

We require email verification and phone number verification as part of the registration process. You will receive a one-time verification code to each. You must complete the verification steps before accessing the full functionality of the Platform.

3.3 Account Security

You must notify us immediately at hello@utumba.com if you become aware of any unauthorised use of your account. We are not liable for any loss or damage arising from your failure to secure your account credentials.

4. Supplier Information Disclosure

In accordance with the Electronic Communications and Transactions Act, 2021, the following information is provided:

• Legal Name: Castmax Technologies Limited
• Trading Name: Utumba
• Jurisdiction: Registered under the laws of the Republic of Zambia
• Physical Address: Lusaka, Zambia
• Email: hello@utumba.com
• Website: www.utumba.com

Utumba is registered as a data controller with the Office of the Data Protection Commissioner (registration in progress) in compliance with the Data Protection Act, 2024.

5. Description of the Service

5.1 Multi-Vendor Marketplace

Utumba operates as a multi-vendor e-commerce marketplace. Individual store owners and vendors list products for sale through the Platform. Utumba facilitates the transaction between Customers and Stores but is not itself the seller of any product unless expressly stated.

5.2 Role of Utumba

Utumba provides the technology infrastructure, payment processing facilitation, and customer support framework. Each Store operates independently and is solely responsible for:

• The accuracy of product listings, descriptions, and images;
• Pricing and any discounts or promotions;
• Inventory management and product availability;
• Order fulfillment, packaging, and delivery;
• Compliance with applicable consumer protection laws.

5.3 Product Information

While we require Stores to provide accurate product information, we do not independently verify all listings. Product descriptions, images, and specifications are provided by Stores. We do not guarantee the accuracy, completeness, or reliability of any product information displayed on the Platform.

5.4 Product Condition Labelling

Stores are required to accurately label product condition as New, Pre-owned, or Refurbished. This labelling affects financing eligibility and consumer expectations. Misrepresentation of product condition is a violation of these Terms and may result in Store suspension.

6. Mobile Application Licence

6.1 Licence Grant

Subject to these Terms, Utumba grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial use in connection with the Service.

6.2 Licence Restrictions

You shall not:

• Copy, modify, adapt, translate, or create derivative works of the App;
• Reverse engineer, disassemble, decompile, or attempt to extract the source code of the App;
• Rent, lease, lend, sell, sublicense, or otherwise distribute the App to any third party;
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App;
• Use the App on any device that you do not own or control without the device owner's consent;
• Use the App for any purpose other than as expressly permitted by these Terms.

6.3 App Updates

We may release updates to the App from time to time, including bug fixes, feature enhancements, and security patches. Certain updates may be mandatory, and you may be required to install them to continue using the Service. We maintain minimum supported app versions, and access to the Service may be restricted if your App version falls below the minimum supported version.

6.4 Third-Party App Store Terms

Your download and use of the App is also subject to the terms and conditions of the app store from which you obtained it (Apple App Store or Google Play Store). In the event of any conflict between these Terms and the applicable app store terms regarding the App, the app store terms shall prevail solely with respect to the App download and use.

7. Electronic Communications and Transactions

7.1 ECT Act Compliance

Transactions conducted through the Platform are governed by the Electronic Communications and Transactions Act, 2021 of the Republic of Zambia. Electronic records created through the Platform constitute valid legal evidence, and electronic communications between you and Utumba are legally binding.

7.2 Electronic Contract Formation

A contract is formed electronically when you place an order and payment is successfully processed. Your order constitutes an electronic offer, and our order confirmation constitutes electronic acceptance. The electronic record of the transaction is the authoritative record of the contract between you and the relevant Store.

7.3 Consent to Electronic Communications

By using the Service, you consent to receiving communications from Utumba electronically, including via email, SMS, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7.4 Cooling-Off Period

In accordance with Part VIII of the ECT Act, you have the right to cancel an order for eligible goods within 7 days of receiving the goods, without penalty and without giving any reason ("Cooling-Off Period"). To exercise this right:

• Contact us at hello@utumba.com within 7 days of delivery;
• Return the goods in their original, unused condition with all packaging;
• You are responsible for the cost of returning the goods;
• A refund will be processed within 30 days of receiving your cancellation notice.

The Cooling-Off Period does not apply to:

• Perishable goods or goods that have been opened and cannot be resold;
• Customised or personalised products;
• Digital products once accessed or downloaded;
• Items excluded under the ECT Act or our Returns & Refunds Policy.

For Layby and Financing purchases, the Cooling-Off Period and cancellation terms are governed by the respective Layby Terms and Financing Terms.

8. Orders and Purchases

8.1 Placing an Order

When you place an order through the Platform, you are making an offer to purchase from the relevant Store. An order is confirmed once payment has been successfully processed. You will receive an order confirmation with a unique order reference number.

8.2 Pricing

All prices on the Platform are displayed in Zambian Kwacha (ZMW). Prices are set by individual Stores and may change without notice prior to your order being confirmed. The price at the time of order confirmation is the price you will be charged.

8.3 Order Cancellation

Orders that remain unpaid for more than 24 hours may be automatically cancelled, and any reserved stock will be released. If you wish to cancel a confirmed order, please contact our support team as soon as possible. Cancellation is subject to the order status and the Store's policies.

8.4 Delivery and Pickup

The Platform offers the following fulfillment options, subject to Store availability:

• Standard Delivery: Delivery to a specified address. A shipping fee of ZMW 50.00 applies to orders under ZMW 500.00. Orders of ZMW 500.00 or above qualify for free delivery.
• Store Pickup: Collection from the Store's physical location. A unique pickup code will be provided for verification at the time of collection. You must present valid identification.

9. Payment

9.1 Payment Methods

The Platform accepts the following payment methods:

• Mobile Money: MTN Mobile Money, Airtel Money, and Zamtel Money;
• Card Payments: Visa and Mastercard (debit and credit).

Payment processing is handled by authorised third-party payment service providers. By making a payment, you agree to the terms and conditions of the applicable payment provider.

9.2 Saved Payment Methods

You may choose to save your payment method for future transactions. Saved payment details are stored securely in tokenised form by our payment service provider. We do not store your full card number or mobile money PIN.

9.3 Payment Confirmation

Orders are confirmed upon successful payment. If a payment fails, the order will not be processed. You will be notified of any payment failure and may attempt payment again.

10. Tax

Stores are solely responsible for determining and collecting any applicable taxes on products sold through the Platform, including Value Added Tax (VAT) where applicable. Product prices displayed on the Platform may be inclusive or exclusive of tax, as indicated by the Store. Transactions processed through Utumba Payment Links may include applicable tax (currently 16% VAT) as indicated at the time of payment. Utumba does not provide tax advice, and you should consult a qualified tax professional regarding your tax obligations.

11. Layby Purchases

The Platform offers a Layby option on eligible products, allowing you to reserve a product with a deposit and pay the balance in installments. Layby purchases are governed by the separate Layby Terms & Conditions, which form part of these Terms. By entering into a Layby arrangement, you agree to be bound by the Layby Terms & Conditions in addition to these Terms.

12. Financing (Buy Now Pay Later)

The Platform offers financing options through approved finance partner banks. Financing allows you to purchase a product with a down payment and repay the financed balance in structured installments. Financing arrangements are governed by the separate Financing Terms & Conditions, which form part of these Terms. Additional terms from the finance partner bank may also apply.

13. Returns and Refunds

Returns and refunds are subject to our Returns & Refunds Policy, which forms part of these Terms. As a marketplace, individual Stores may have their own returns and refund policies, which will be disclosed at the time of purchase. In the event of a conflict between a Store's policy and our Returns & Refunds Policy, the latter shall take precedence to the extent required by applicable Zambian consumer protection law.

14. Store Owners and Vendors

14.1 Store Registration

Individuals or businesses wishing to sell products on the Platform must apply for and receive approval as a verified Store. Verification requires submission of business documentation and is subject to review and approval by Utumba at its sole discretion.

14.2 Store Obligations

Stores are required to:

• Provide truthful and accurate product listings;
• Maintain adequate inventory for listed products;
• Fulfill orders promptly and in good condition;
• Comply with all applicable laws and regulations of the Republic of Zambia;
• Respond to customer enquiries and complaints in a timely manner;
• Abide by the Platform's policies and guidelines at all times.

14.3 Commission

Utumba charges Stores a commission on each completed sale. The commission rate is communicated to Stores upon onboarding and may be updated with reasonable notice.

15. Prohibited Products and Content

The following categories of products and content are strictly prohibited on the Platform:

• Counterfeit, pirated, or stolen goods;
• Weapons, firearms, ammunition, or explosives;
• Controlled substances, illegal drugs, or drug paraphernalia;
• Hazardous materials, toxic substances, or chemicals;
• Products that infringe intellectual property rights of any third party;
• Sexually explicit or obscene material;
• Products promoting hate, violence, or discrimination;
• Wildlife products or items derived from endangered species;
• Products that violate any law of the Republic of Zambia;
• Any product that poses an unreasonable risk to consumer health or safety.

Stores are solely responsible for ensuring that their product listings comply with this section and all applicable laws. Utumba reserves the right to remove any listing and suspend or terminate any Store that violates these prohibitions.

16. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law;
• Post, upload, or transmit any content that is false, misleading, defamatory, obscene, or otherwise objectionable;
• Attempt to gain unauthorised access to any part of the Service, other accounts, or computer systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Use automated means (bots, scrapers, etc.) to access or collect data from the Service without our express written consent;
• Engage in fraudulent transactions or misrepresent your identity;
• Circumvent, disable, or otherwise interfere with any security features of the Service;
• Harass, abuse, or harm any other user, Store, or Utumba personnel.

17. Intellectual Property

17.1 Utumba's Intellectual Property

The Service, including its design, logos, trademarks, software, text, graphics, and other content created by Utumba (collectively, "Utumba IP"), is owned by or licensed to Castmax Technologies Limited. You may not copy, modify, distribute, sell, or lease any part of the Utumba IP without our prior written consent.

17.2 User Content

By submitting content to the Platform (such as product reviews), you grant Utumba a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute such content in connection with the Service. You represent that you own or have the necessary rights to the content you submit.

18. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal data. By using the Service, you consent to the practices described in the Privacy Policy. The Privacy Policy forms an integral part of these Terms.

19. Disclaimers

19.1 Marketplace Disclaimer

Utumba is a marketplace platform and not a party to the sale between Customers and Stores. We do not own, manufacture, store, or inspect products listed on the Platform. We are not responsible for the quality, safety, legality, or accuracy of any product or listing.

19.2 Service Availability

We strive to maintain the availability and reliability of the Service but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

19.3 No Warranty

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

20. Limitation of Liability

To the maximum extent permitted by the laws of the Republic of Zambia:

• Utumba shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service;
• Our total aggregate liability for any claims arising out of or relating to these Terms or the Service shall not exceed the total amount you have paid to Utumba in fees during the twelve (12) months preceding the claim;
• We are not liable for any acts or omissions of Stores, including but not limited to product defects, delivery failures, or misrepresentations.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or personal injury caused by negligence.

21. Indemnification

You agree to indemnify, defend, and hold harmless Castmax Technologies Limited, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any applicable law or the rights of any third party;
• Any content you submit to the Platform.

22. Dispute Resolution

22.1 Customer Support

If you have a complaint or dispute regarding a transaction, you should first contact our customer support team at hello@utumba.com. We will endeavour to resolve disputes fairly and promptly.

22.2 Mediation

If a dispute cannot be resolved through customer support, either party may refer the matter to mediation in accordance with the laws of the Republic of Zambia before commencing formal legal proceedings.

22.3 ZICTA Complaints

In addition to the dispute resolution methods above, you have the right to lodge a complaint with the Zambia Information and Communications Technology Authority (ZICTA) under the Electronic Communications and Transactions Act, 2021, regarding any electronic transaction conducted through the Platform. ZICTA can be contacted at www.zicta.zm.

22.4 Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Zambia. Any legal proceedings arising out of or relating to these Terms shall be brought before the courts of competent jurisdiction in Lusaka, Zambia.

23. Termination

23.1 Termination by You

You may close your account at any time by contacting our support team at hello@utumba.com. Closing your account does not relieve you of any obligations incurred prior to termination, including outstanding payments under Layby or Financing arrangements.

23.2 Termination by Utumba

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe that:

• You have violated these Terms or any applicable law;
• Your account has been involved in fraudulent activity;
• Continued provision of the Service to you poses a risk to the Platform or other users.

23.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property, limitation of liability, indemnification, and dispute resolution.

24. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Platform and, where practicable, by sending you a notification via email or in-app message. Your continued use of the Service following any changes constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Service.

25. Apple and Google App Store Provisions

25.1 Third-Party Beneficiary

You acknowledge and agree that Apple Inc. ("Apple") and Google LLC ("Google") are third-party beneficiaries of these Terms to the extent that these Terms relate to your use of the App obtained through their respective app stores. Upon your acceptance of these Terms, Apple and Google shall have the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof, solely with respect to their platform terms and policies.

25.2 App Store Relationship

You acknowledge that:

• These Terms are between you and Castmax Technologies Limited only, and not with Apple or Google;
• Apple and Google have no obligation to furnish any maintenance or support services with respect to the App;
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple and Google have no other warranty obligation with respect to the App;
• Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App;
• In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Apple and Google shall not be responsible for the investigation, defence, settlement, or discharge of any such claim;
• You represent and warrant that you are not located in a country subject to a relevant government embargo, and you are not listed on any government list of prohibited or restricted parties.

25.3 No In-App Purchases

The App does not offer in-app purchases through the Apple App Store or Google Play Store billing systems. All payments are processed directly through Utumba's payment infrastructure using the payment methods described in Section 9.

26. General Provisions

26.1 Entire Agreement

These Terms, together with the Privacy Policy, Returns & Refunds Policy, Layby Terms & Conditions, Financing Terms & Conditions, and Cookie Policy, constitute the entire agreement between you and Utumba regarding the Service.

26.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

26.3 Waiver

No failure or delay by Utumba in exercising any right or remedy shall constitute a waiver of that right or remedy.

26.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Utumba may assign its rights and obligations without restriction.

26.5 Force Majeure

Utumba shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, epidemics, government actions, power failures, internet disruptions, or acts of third parties.

26.6 Governing Law

These Terms are governed by and shall be construed in accordance with the laws of the Republic of Zambia, including but not limited to the Electronic Communications and Transactions Act, 2021, the Data Protection Act, 2024, and the Competition and Consumer Protection Act. Your statutory rights under these Acts are not affected by anything in these Terms.

27. Contact Us

If you have any questions about these Terms, please contact us at:

Castmax Technologies Limited (trading as Utumba)
Email: hello@utumba.com
Lusaka, Zambia