These terms cover everything we do: our website, our app, orders by WhatsApp, our shop and grocery packages, services carried out by our agents in Zimbabwe, and donations to the School Support Fund. Please read them before you order. Nothing in these terms affects your legal rights as a consumer.
- About us and these terms
- Definitions
- Eligibility and accounts
- How orders work
- Prices and payment
- Cancellations and refunds
- Service specific terms
- School Support Fund and donations
- Agents, safeguarding and photos
- Your responsibilities and compliance
- Liability
- Website, app and intellectual property
- Privacy and communications
- Complaints and governing law
- General terms and contact
1. About us and these terms
1.1 We are Diaspora Direct Ltd, a private limited company registered in England and Wales under company number 16449043, with our registered office at 12 Thompson Avenue, Ormskirk, L39 2BQ, England. We are not a registered charity. In these terms “we”, “us” and “our” mean Diaspora Direct Ltd, including when we trade under another name.
1.2 You can contact us by WhatsApp on +44 7778 392915, by email at hello@diaspora-direct.com, or in writing to our registered office.
1.3 These terms apply whenever you use any of our channels or services, including:
- our website at diaspora-direct.com and any subdomain;
- the Diaspora Direct app, on the web or any app store;
- orders and requests placed by WhatsApp, phone, email or social media;
- our online shop, grocery care packages and any goods we sell;
- services carried out by our agents in Zimbabwe, including welfare visits, errands, property checks, document tasks, urgent support and funeral assistance;
- donations to the School Support Fund; and
- goods and services supplied under our trading names, including AgriChemi and PulpAura, unless separate terms for that trading name say otherwise.
1.4 Some services or trading names have extra terms, for example a business supply agreement or a quote. If an extra term conflicts with these terms, the extra term applies to that service only.
1.5 By creating an account, placing an order, making a payment or donation, or using our website or app, you agree to these terms. If you do not agree, please do not use our services.
1.6 Please also read our Privacy Policy, which explains how we use personal information. It forms part of these terms.
1.7 Headings are for convenience only. “Including” means “including without limitation”. Where you are a consumer, nothing in these terms affects your statutory rights.
2. Definitions
| Term | Meaning |
|---|---|
| Agent | A person we engage in Zimbabwe to carry out services. Agents are independent contractors, not our employees. |
| App | The Diaspora Direct application on any device or platform. |
| Beneficiary | The person or place in Zimbabwe that an order is for, such as a family member, property or school. |
| Consumer | An individual acting wholly or mainly outside their trade, business, craft or profession. |
| Donation | Money given to the School Support Fund or any other cause we run. |
| Goods | Physical items we supply, including groceries, shop items and products sold under our trading names. |
| Order | Any request for goods or services placed through any of our channels, once we have accepted it. |
| Platforms | Our website, app, WhatsApp number, social media accounts and any other channel we operate. |
| Services | Any task carried out by us or an agent for you, including those listed in section 7. |
| You | The person placing the order, making the payment or using the platforms. |
3. Eligibility and accounts
3.1 You must be at least 18 years old and able to enter a binding contract to place an order, make a payment or open an account.
3.2 You must give accurate, complete and current information, including your name, contact details, and the beneficiary’s name, address and contact details. Keep it up to date.
3.3 Keep your login details secure and do not share your account. You are responsible for everything done through your account, unless it was caused by our failure to keep our systems secure. Tell us straight away if you think your account has been used without permission.
3.4 We may ask you to verify your identity, your connection to the beneficiary, or your right to request a service (for example, proof that you own or manage a property). We may refuse or pause an order until we are satisfied.
3.5 We may suspend or close an account, or refuse an order, if we reasonably believe you have broken these terms, given false information, acted abusively towards our team or agents, or used our services for an unlawful purpose. If we close your account without fault on your part, we will refund any services you have paid for but not received.
3.6 You can close your account at any time by contacting us. Closing an account does not cancel orders already in progress.
4. How orders work
4.1 Placing an order. You can order through any of our platforms. Please check your order carefully before you submit or pay, including the beneficiary’s details, location, timing and any special instructions.
4.2 When the contract starts. Descriptions, prices and packages on our platforms are an invitation for you to order, not a binding offer. A contract only exists once we confirm we have accepted your order, by email, in the app or by WhatsApp. Taking payment is not acceptance on its own.
4.3 Refusing an order. We may decline an order, for example if the location is outside the areas our agents can reach, the request is unsafe or unlawful, goods are unavailable, or we cannot verify details. If we decline after taking payment, we will refund you in full.
4.4 Quotes. For tasks without a fixed price we will give you a quote. A quote is valid for 7 days unless it says otherwise, and may change if the task turns out to be different from what you described.
4.5 Timescales. Any time we give is our best estimate. We will make reasonable efforts to meet it, but conditions in Zimbabwe, including travel, fuel, power, network coverage, weather and access, can cause delays. We will keep you informed. If a delay is long, you can cancel under section 6.
4.6 Instructions. Agents follow the reasonable instructions you give when ordering. We cannot guarantee to follow instructions given after the task has started, and we may refuse any instruction that is unsafe, unlawful or outside the scope of the order.
4.7 Proof of completion. Where an order includes photos, videos, receipts or a report, we will send these through WhatsApp, email or the app. This is our record that the order was completed. Please raise any concern within 7 days of receiving it.
5. Prices and payment
5.1 Currency. Prices are in pounds sterling (GBP). The price shown when you confirm your order is the total you pay, apart from any extras you agree to under 5.4.
5.2 Indicative prices. Prices for goods bought in Zimbabwe, including groceries, shop items and school items, are indicative. They reflect typical local prices when published and can change with market conditions, exchange rates, fuel costs and supply. If the actual cost of your items changes before we buy them, we will contact you before going ahead. You can then accept the new price, change the order, or cancel for a full refund of the affected items. We will not charge you more than you agreed without your consent.
5.3 Service fees. Service prices are shown before you confirm. “From” prices are the starting price for a standard task; we will tell you the full price before you commit.
5.4 Delivery and extra costs. A delivery fee (currently £10 per grocery or shop order) is added where stated. If a task needs costs you did not order, such as extra travel, tolls, official fees or goods bought for you, we will ask first. We never add costs without your agreement.
5.5 Pricing errors. If we make an obvious error in a price, we may cancel the order and refund you in full, even after accepting it, unless you agree to pay the correct price.
5.6 How to pay. We accept debit and credit cards through our payment processor, PayPal, and bank transfer to our business account. For bank transfers, use the reference we give you, or we may not be able to match your payment. We do not store full card details.
5.7 When to pay. Unless we agree otherwise, payment is due in full before we buy goods or start a service. Your order is only active once your payment has cleared.
5.8 We are not a money transfer service. We do not send cash or transfer money to anyone in Zimbabwe on your behalf. Your payment buys goods or services that we supply. Agents may pay suppliers, schools or officials directly as part of an order, but they will not hand cash to beneficiaries unless we have agreed this in writing for a specific, lawful purpose and it is permitted by law.
5.9 Chargebacks. If you have a problem, please contact us first so we can put it right. If you raise a chargeback for goods or services we have delivered, we may provide evidence of completion to your card provider and suspend your account while it is resolved.
5.10 Late payment (business customers only). For business customers, we may charge interest on overdue sums at the rate allowed by the Late Payment of Commercial Debts (Interest) Act 1998.
6. Cancellations, refunds and your statutory rights
6.1 Your 14 day right to cancel (consumers). If you are a consumer ordering online, by app, WhatsApp or phone, you normally have 14 days to change your mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. For services the 14 days start when we accept your order.
6.2 When the right to cancel is limited. Most of our services are carried out quickly, often within hours. When you order, you ask us to start straight away, and you agree that:
- if you cancel after a service has started, you must pay for what was done up to the point you told us, and we will refund the rest;
- once a service is fully performed, you lose the right to cancel it; and
- goods that are perishable or spoil quickly, such as fresh food, meat, eggs and produce, or goods bought or made to your specification, cannot be returned once bought, unless they are faulty.
6.3 How to cancel. Tell us by WhatsApp, email or through the app, with your order details. You do not need to use any particular form.
6.4 Our cancellation policy. In addition to your legal rights:
| When you cancel | What you get back |
|---|---|
| Before an agent is assigned or goods are bought | Full refund |
| After an agent has set off, before the task | Refund less a reasonable charge for the agent’s travel, which we will tell you before you confirm the cancellation |
| After goods are bought | Refund of any service fee not yet earned; goods can be given to the beneficiary or collected |
| After the task is complete | No refund, unless the service was not performed with reasonable care and skill |
6.5 If we cancel. If we cannot carry out an order, for example because of access problems, safety risks or events outside our control, we will tell you as soon as possible and refund anything you have paid for the part we could not do.
6.6 Refund method and timing. We refund to the original payment method within 14 days of agreeing the refund. Bank transfer refunds go to the account the payment came from. We cannot refund in cash or to a third party.
6.7 Your statutory rights. Under the Consumer Rights Act 2015, services must be carried out with reasonable care and skill, and goods must be as described, of satisfactory quality and fit for purpose. If they are not, you can ask us to put it right, or in some cases get some or all of your money back. Nothing in these terms affects these rights. Citizens Advice (citizensadvice.org.uk) can tell you more.
6.8 Donations. Refunds for donations are covered in section 8.
7. Service specific terms
These terms apply on top of the rest of this document for each type of service.
7.1 Welfare visits and family support
- A welfare visit is a friendly check in: a chat, a look at how the beneficiary is doing, and photos or an update for you. It is not medical, nursing, social care or professional safeguarding assessment, and agents are not qualified to give medical advice.
- If an agent sees signs that someone is in danger or seriously unwell, they may contact local emergency services, a doctor or family members named by you, and will tell you as soon as they can. You agree we may do this.
- The beneficiary must agree to the visit. If they refuse entry or ask the agent to leave, the agent will respect that and the visit counts as completed.
7.2 Errands and shopping
- Agents buy goods from local suppliers of their choosing unless you name one. If an item is unavailable, we will offer a reasonable substitute or refund it. Tell us if you do not want substitutes.
- We keep receipts where local suppliers provide them and share them on request.
7.3 Groceries, care packages and shop orders
- Package contents and prices are indicative (see 5.2). Brands and pack sizes may vary with local supply.
- Delivery is to the address you give. The beneficiary, or an adult at the address, must be available to receive it. If no one is available after reasonable attempts, we will contact you to rearrange; extra delivery costs may apply.
- Risk in the goods passes when they are handed over at the delivery address. A delivery photo is our record of delivery.
- Perishable goods cannot be returned once delivered (see 6.2). Tell us within 48 hours of delivery if anything is missing, damaged or spoiled, with photos, and we will replace or refund it.
7.4 Property checks
- A property check is a visual inspection of accessible areas, with timestamped photos, video and a short written report. It is not a structural survey, valuation, legal title search or building inspection, and agents are not surveyors or engineers.
- You confirm you own the property or are authorised by the owner to request the check. We will not enter without permission from the owner or occupier, and we are not responsible for areas we cannot safely reach.
- Our report describes what the agent saw on the day. We are not liable for defects that were hidden or not visible, or for decisions you make based on the report.
7.5 Document and administrative tasks
- We can help collect, deliver, submit or follow up documents with offices and institutions. We do not give legal advice, act as your lawyer, or guarantee any outcome from a government office, bank, school or other third party.
- We will not make false statements, forge or alter documents, or pay bribes or unofficial fees, under any circumstances (see section 10).
- Official fees are paid at cost with receipts where available.
7.6 Urgent support
- We are not an emergency service. In an emergency, contact local emergency services first. We will make reasonable efforts to respond quickly to urgent requests, but response times depend on agent availability, location and local conditions, and we cannot guarantee them.
7.7 Funeral and bereavement assistance
- We can help coordinate arrangements, purchases, transport and communication with family, undertakers and officials. Funeral directors, venues, caterers and transport are supplied by third parties under their own terms. We will pass on quotes and receipts and act in good faith, but we are not responsible for third party failures.
7.8 Goods sold under our trading names
- Goods sold under our trading names may be supplied under a written quote, order confirmation or separate trade terms, which take priority for those goods. Where goods are sold to businesses, the Consumer Rights Act 2015 does not apply, and our liability is limited as set out in section 11.
8. School Support Fund and donations
8.1 Not a charity. Diaspora Direct Ltd is a private company, not a registered charity. Donations are not eligible for Gift Aid and are not tax deductible for you. A donation is a gift to a fund we manage, not a purchase of goods or services for you.
8.2 How the fund works. All donations go into one pooled fund. At least 90% of each donation is spent on school costs for children in Zimbabwe, such as fees, uniforms, shoes, books and stationery. Up to 10% covers our agents’ time, local transport and payment processing fees.
8.3 How we choose. Our agents identify children and schools in need and decide how to spend the fund. Donations are not linked to a named child, and you cannot choose a specific child or school unless we agree in writing. We may prioritise urgent needs.
8.4 Direct payment and records. We pay schools and suppliers directly wherever possible and do not hand cash to families. We keep receipts and photos of purchases and publish regular updates on what the fund has paid for.
8.5 Protecting children. We never publish children’s faces, full names, schools or locations. Photos we share are blurred or taken so children cannot be identified. See section 9.
8.6 Refunds. Donations are generally non refundable once spent. If you donated by mistake, or the wrong amount, tell us within 14 days and we will refund any part not yet spent. If the fund ever closes, any unspent balance will be used for similar educational purposes in Zimbabwe or, at our discretion, returned to donors.
8.7 Large gifts. We may ask for identity and source of funds information for donations over £1,000, or decline any donation we reasonably believe is linked to unlawful activity or sanctioned persons.
9. Our agents, safeguarding, photos and consent
9.1 Vetting. We vet every agent before they work with us, including identity checks, references and background checks where available. We brief agents on our standards, safeguarding and data protection. Vetting reduces risk but cannot remove it entirely.
9.2 Agents’ status. Agents are independent contractors engaged by us. We are responsible for arranging your order and for the standard of service under these terms. You must not make private arrangements with an agent to avoid our fees for 12 months after an order, and you must not pay agents directly unless we ask you to.
9.3 Agent safety. Agents may decline or stop a task if they reasonably believe it is unsafe, unlawful or that they are being threatened or harassed. If that happens we will refund the part of the order not carried out, unless you or the beneficiary caused the problem.
9.4 Treating agents with respect. You and your beneficiaries must treat our agents and staff with courtesy. We will not tolerate abuse, threats, discrimination or harassment, and may end the order and close the account.
9.5 Beneficiary consent. You confirm that the beneficiary knows about and agrees to the visit or delivery, or that it is reasonable to expect they would. For adults who cannot give consent, you confirm you are acting in their best interests and have told us who else to involve.
9.6 Photos and video. Agents take photos and video as proof of completion and send them to you. By ordering, you confirm the beneficiary is happy to be photographed. If they are not, tell us and we will take photos of goods and places only.
9.7 Marketing use. We may use photos or video from orders in our marketing and social media only if we remove anything that identifies people: faces are blurred or pixelated, and names, house numbers, street signs and number plates are hidden. We will not use any image if you or the beneficiary ask us not to. Agents may appear if they agree.
9.8 Children. We never publish identifiable images of children. Visits to households with children are carried out with a responsible adult present. Any safeguarding concern about a child is escalated in line with our safeguarding procedures.
10. Your responsibilities, acceptable use and legal compliance
10.1 Accurate information. You are responsible for the accuracy of the details you give us. We are not responsible for failed or delayed orders caused by wrong addresses, contact details or instructions.
10.2 You must not use our services to:
- break any law in the UK, Zimbabwe or anywhere else;
- request anything that would harm, harass, stalk, monitor or intimidate anyone, including checking on a person who does not want contact with you;
- request surveillance, debt collection, repossession, eviction or enforcement against anyone;
- obtain, send or deliver prohibited, restricted, stolen or counterfeit goods, weapons, drugs, alcohol to minors, or controlled substances;
- move money for anyone else, disguise the source of money, or avoid tax, exchange controls or sanctions;
- infringe anyone’s privacy or intellectual property; or
- send us false, misleading or fraudulent requests or payments.
10.3 Anti money laundering and fraud. We may ask for identity, proof of address or source of funds information and may delay, refuse or report any order or payment we reasonably suspect is linked to fraud, money laundering or terrorist financing, as the law requires. We may not be able to tell you why.
10.4 Sanctions. We comply with UK sanctions, including the UK’s Zimbabwe sanctions regime. We will not deal with, supply or benefit any person or entity subject to sanctions. You confirm that neither you nor your beneficiary is a sanctioned person.
10.5 Bribery. We follow the Bribery Act 2010. Our agents will never offer or pay bribes, facilitation payments or unofficial fees, even if that means a task cannot be completed. Asking them to do so is a breach of these terms.
10.6 Your costs if you break these terms. If you break these terms deliberately or negligently, you are responsible for losses we reasonably suffer as a result, such as wasted agent costs or third party claims, to the extent the law allows.
11. Liability, indemnity and events outside our control
11.1 What we never exclude. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law, including your rights as a consumer under the Consumer Rights Act 2015.
11.2 Consumers. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill. Loss is foreseeable if it was obvious it would happen, or if we both knew it might happen when the contract was made. We are not responsible for loss that is not foreseeable, or for business losses: our consumer services are for domestic and private use.
11.3 Cap on liability. Subject to 11.1, our total liability to you for any order is limited to the price you paid for that order. For donations, our liability is limited to the amount donated.
11.4 Business customers. If you order as a business, subject to 11.1, we are not liable for loss of profit, revenue, business, goodwill, data or any indirect or consequential loss, and our total liability in any 12 months is limited to the amounts you paid us in that period.
11.5 Things we are not responsible for. We are not responsible for:
- how the beneficiary uses goods after delivery;
- the acts or omissions of third parties we do not control, such as schools, government offices, suppliers, funeral directors, banks, network providers and payment processors, except that we will pass on any remedy we have against them;
- decisions you make based on photos, reports or updates, which show conditions at the time only;
- conditions we could not reasonably see or know about, such as hidden property defects or a person’s undisclosed health condition; or
- delays or failures caused by wrong information you gave us.
11.6 Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control. In Zimbabwe these can include fuel shortages, power cuts, network outages, currency or banking disruption, strikes, civil unrest, road closures, floods, drought, disease outbreaks, and changes in law or government action. If this happens, we will tell you, take reasonable steps to limit the effect, and either complete the order when we can or refund you for the part not done. If the delay lasts more than 14 days you can cancel for a refund of anything not yet provided.
11.7 Indemnity. You will compensate us for claims, losses and reasonable costs we suffer because you gave false information, requested something unlawful, or deliberately broke these terms. This does not apply to anything caused by our own breach or negligence. For consumers, this applies only to the extent it is fair and reasonable.
12. Website, app, intellectual property, reviews and user content
12.1 Licence to use the app and website. We give you a personal, non exclusive, non transferable, revocable licence to use our website and app for your own use in line with these terms. App store terms also apply, but the store is not responsible for the app or these terms.
12.2 Availability. We aim to keep our platforms available and secure but do not promise they will be uninterrupted or error free. We may update, suspend or withdraw any part of them for maintenance, security or business reasons. Keep the app updated to the latest version.
12.3 You must not copy, resell or commercially exploit our platforms; reverse engineer or tamper with them; use bots, scrapers or automated tools; introduce viruses or malicious code; try to gain unauthorised access to our systems, other users’ accounts or agents’ details; or use our platforms in any way that breaks the law. Doing so may be a criminal offence under the Computer Misuse Act 1990, and we may report it.
12.4 Our intellectual property. Our name, logo, tagline “On-the-Ground Help You Can Trust”, website, app, text, graphics, videos, photos and software belong to us or our licensors. You may not use them without our written permission, except to share our posts on social media in the normal way.
12.5 Your content. When you send us messages, photos, reviews or other content, you keep ownership but give us a worldwide, royalty free licence to use it to deliver our services and, for reviews and testimonials, to publish it on our platforms and marketing. We may edit it for length or to remove personal details. You confirm you have the right to share it.
12.6 Reviews. Reviews must be honest, based on your own experience and not written for payment or reward. We do not publish fake reviews, and we do not suppress genuine negative reviews. We may remove reviews that are unlawful, abusive, or contain personal information.
12.7 Links. Our platforms may link to third party sites, such as payment providers, social media and maps. We are not responsible for their content or terms.
13. Privacy, communications and marketing
13.1 Your data. We handle personal information under the UK GDPR and the Data Protection Act 2018, as explained in our Privacy Policy. This includes information about you and about your beneficiaries.
13.2 Beneficiary information. When you give us details of a beneficiary, you confirm you are allowed to share them and that the beneficiary knows we will use them to carry out the order.
13.3 Sharing with agents in Zimbabwe. To carry out orders we share the minimum necessary details with agents in Zimbabwe, which is outside the UK. We protect this data with contractual and practical safeguards set out in our Privacy Policy.
13.4 How we contact you. We will contact you about your orders by WhatsApp, email, phone, SMS or in the app. You agree to receive these service messages.
13.5 Marketing. We will only send marketing messages if you have agreed or, where the law allows, if you are an existing customer and have not opted out. You can unsubscribe at any time using the link in the message or by replying STOP on WhatsApp.
13.6 Call and message records. We may keep records of messages and calls for quality, training, safety and to resolve disputes.
14. Complaints, disputes and governing law
14.1 Complaints. If something goes wrong, please tell us as soon as possible by WhatsApp on +44 7778 392915 or email hello@diaspora-direct.com, with your order details and any photos. We will acknowledge your complaint within 2 working days and aim to resolve it within 14 days.
14.2 Escalation. If you are not happy with our response, you can ask for your complaint to be reviewed by a director. If you are a consumer, you can also get advice from Citizens Advice.
14.3 Governing law. These terms and any dispute arising from them are governed by the law of England and Wales.
14.4 Courts. If you are a consumer, you can bring proceedings in the courts of England and Wales, or in Scotland or Northern Ireland if you live there. Business customers agree to the exclusive jurisdiction of the courts of England and Wales.
14.5 Local law in Zimbabwe. Where a service is carried out in Zimbabwe, local laws also apply to how it is performed, and our agents comply with them. This does not change the governing law of your contract with us.
15. General legal terms, changes and contact
15.1 Changes to these terms. We may update these terms to reflect changes in law, our services or how we operate. The version in force when you place an order applies to that order. We will post the new version with its date and tell registered users about significant changes by email or in the app at least 14 days before they take effect. If you do not agree, you can close your account before then.
15.2 Changes to services. We may change our services, packages and prices from time to time. Changes do not affect orders we have already accepted, unless the change is needed to comply with law or for safety, in which case we will tell you and you may cancel for a refund.
15.3 Transfer. We may transfer our rights and obligations to another organisation, for example if the business is sold, and will tell you if this happens. Your rights under these terms will not be reduced. You may only transfer your rights with our written consent.
15.4 Third party rights. These terms are between you and us. No one else, including beneficiaries and agents, has the right to enforce them under the Contracts (Rights of Third Parties) Act 1999.
15.5 Severability. If a court decides any part of these terms is unlawful or unenforceable, the rest remains in force.
15.6 No waiver. If we do not enforce a right straight away, we can still enforce it later.
15.7 Entire agreement (business customers). For business customers, these terms and any order confirmation or quote form the whole agreement, and replace any earlier discussions.
15.8 Language. These terms are in English. If they are translated, the English version prevails.
15.9 Contact. Diaspora Direct Ltd, 12 Thompson Avenue, Ormskirk, L39 2BQ, England. Company number 16449043. WhatsApp +44 7778 392915. Email hello@diaspora-direct.com.
