Terms of Service

1. Who these Terms bind

These Terms of Service ("Terms") form a binding agreement between Vuhosi Capital (Pty) Ltd (registration number 2026/..., "Zande", "we", "us") and any individual or entity ("you", "Operator") that creates an account on the Zande platform at zande.vuhosicapital.online or any successor URL.

By registering an account or using the Service you confirm that you have read, understood and accepted these Terms in full. If you do not agree, do not use the Service.

2. The Service

Zande is a cloud-hosted ECD centre management platform that provides:

• Learner enrolment and profile management
• Fee tracking, payment recording, and statement generation
• Attendance capture and register downloads
• DOE (Department of Education) submission tracking
• Centre settings, staff communications tools, and reporting

The Service is intended exclusively for registered ECD centre operators, principals, administrators, and authorised staff. It is not a consumer product and is not intended for personal use by parents or guardians of learners.

3. Account registration and security

You must provide accurate information when registering. One account corresponds to one ECD centre. You are responsible for:

• Keeping your password confidential
• All activity that occurs under your account
• Notifying us immediately at support@vuhosicapital.online if you suspect unauthorised access

We may suspend or terminate your account if we believe your credentials have been compromised, or if your account is used in breach of these Terms.

4. Acceptable use

You agree not to:

• Enter false, misleading or fictitious learner or parent records
• Use the Service for any purpose other than managing your registered ECD centre
• Attempt to reverse-engineer, scrape, or extract data from the platform beyond normal use
• Share your login credentials with persons outside your centre's authorised staff
• Upload files containing malware, executable code, or content that violates any law
• Use the Service in any way that violates the Protection of Personal Information Act 4 of 2013 ("POPIA") or any other applicable law

5. Fees and payment

Where a subscription or usage fee applies, the following terms govern:

• Fees are billed in South African Rand (ZAR)
• Payment is due in advance of each billing period
• We reserve the right to suspend access if payment is overdue by more than 14 calendar days after written notice
• All prices exclude VAT unless stated otherwise; VAT will be added at the prevailing rate where applicable
• Refunds are not provided for partial months or unused periods, except where required by South African consumer law

During any free trial or beta period, no fees apply. We will give you at least 30 days' written notice before introducing or changing fees.

6. Data, POPIA, and your obligations as Responsible Party

6.1 Your obligations

As Responsible Party under POPIA, you must:

• Obtain consent — Before entering a child's personal information into Zande, you must obtain written consent from the child's parent or legal guardian. This is required by POPIA Section 57 (children's personal information). The online enrolment form on Zande includes a consent disclosure; for learners enrolled offline you must obtain equivalent consent directly.
• Notify data subjects — Inform parents and guardians of what information you collect, why, and how they can exercise their rights. You may reference Zande's Privacy Policy as the technical platform's privacy notice, but you must also provide your own centre-level privacy notice if you collect additional data outside Zande.
• Limit collection — Only capture information reasonably necessary for running your ECD centre. Do not use Zande to store information unrelated to education administration.
• Secure access — Do not share your login credentials. Ensure only authorised staff can access learner data. Log out of the platform on shared devices.
• Honour data subject rights — If a parent or learner requests access to, correction of, or deletion of their personal information, you are responsible for responding within the timeframes set by POPIA (generally 30 days).

6.2 Zande's role as Operator

Zande processes personal information on your behalf under your instructions. We:

• Store your data on South African-hosted infrastructure where possible, and within jurisdictions with adequate data protection laws
• Do not sell, rent, or share your learner or parent data with third parties for marketing purposes
• Implement reasonable technical and organisational security measures (encryption in transit, access controls, regular backups)
• Will notify you without undue delay if we become aware of a data breach affecting your data, as required by POPIA Section 22
• Will delete or return your data on termination of your account as described in Section 9 below

6.3 Special personal information

Medical information entered into Zande (conditions, allergies, medication) constitutes special personal information under POPIA Section 26. You must have explicit consent from the parent or guardian before capturing this category of data. This consent is collected via the online enrolment form. For offline enrolments, you must obtain equivalent written consent.

7. Intellectual property

All software, code, interfaces, documentation, and branding associated with Zande remain the exclusive property of Vuhosi Capital (Pty) Ltd. These Terms do not transfer any intellectual property rights to you.

You retain ownership of the data you enter into Zande. By using the Service, you grant us a limited, non-exclusive licence to process that data solely for the purpose of providing the Service to you.

8. Service availability and changes

We aim for high availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated where reasonably practicable.

We may add, modify, or remove features at any time. We will give reasonable notice of material changes. Continued use after notice constitutes acceptance of the change.

9. Termination and data on exit

Either party may terminate the agreement by giving 30 days' written notice. We may terminate immediately for breach of these Terms.

On termination:

• Your account will be deactivated and login access will cease
• Your data will be retained for 30 days post-termination to allow you to request an export
• After 30 days, all personal information associated with your account will be securely deleted from our systems, except where we are legally required to retain records
• To request a data export before deletion, contact support@vuhosicapital.online

10. Limitation of liability

To the maximum extent permitted by South African law:

• Zande is provided on an "as is" and "as available" basis without warranty of any kind
• Our total liability to you for any claim arising from the use of the Service shall not exceed the total fees you have paid to us in the 3 months preceding the claim
• We are not liable for loss of data arising from your failure to maintain adequate backups, or from your actions or omissions in breach of these Terms
• We are not liable for any POPIA enforcement action, fine, or penalty arising from your failure to comply with your obligations as Responsible Party
• Nothing in these Terms limits liability for gross negligence, fraud, or death or personal injury caused by our negligence

11. Indemnity

You indemnify Vuhosi Capital (Pty) Ltd, its directors, employees, and agents against all claims, damages, losses, costs (including legal costs), and penalties arising from:

• Your breach of these Terms
• Your violation of POPIA or any other law in connection with your use of the Service
• Any claim by a data subject (parent, guardian, learner) arising from your failure to comply with your obligations as Responsible Party

12. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute that cannot be resolved by good-faith negotiation within 30 days shall be referred to the High Court of South Africa (Mpumalanga Division) or such other competent court as the parties agree.

13. Amendments

We may update these Terms from time to time. We will notify you by email or in-app notice at least 14 days before material changes take effect. The current version is always available at /terms. Continued use after the effective date constitutes acceptance.

14. Contact

Questions about these Terms:

• Email: legal@vuhosicapital.online
• Privacy matters: privacy@vuhosicapital.online
• Physical address: Vuhosi Capital (Pty) Ltd, Hazyview, Mpumalanga, South Africa