Terms of Service

KWELAN TERMS OF SERVICE/ CONTRACT

The terms are legally binding on you, so it’s important that you read and understand them.

Below are the general terms that apply to all users of the Kwelan Software Limited trading us (Kwelan) marketplace (“Platform”), as well as those terms that apply specifically to owners and to renters.

All of the terms stated in these Terms of Service, together with Kwelan Privacy Policy FAQ Guideline and the User Policies provided on the Kwelan site (the “Kwelan Policies”) constitute the “Agreement” between you and Kwelan. Kwelan may change the terms of the agreement from time to time.

As stated on the Kwelan website, when you register to make use of the site, this constitutes acceptance of the Agreement (“Registering”, “Signing up”). If you have any questions for us concerning the Agreement or Kwelan generally, please contact us at operations@kwelan.com

Thank you for registering with Kwelan!

The Kwelan Team

Terms of Service

General Terms

The following terms apply to each person who registers on the Kwelan platform (“marketplace”) and may be updated without prior notice.

1. Registration and Verification: When you sign-up for the services offered by Kwelan, you will provide certain information about yourself (e.g. information concerning your car, your driving record, etc.). You undertake to provide complete and accurate information to Kwelan. Kwelan may use third party services to verify the information you provide to us and to obtain additional related information where applicable and you hereby authorize Kwelan to request, receive, use and store such information for a reasonable period as set out. Kwelan may accept or reject your registration application at its discretion for any reason. Before a car goes out on rental, it is the responsibility of the owner to make sure a renter’s driver’s license has been verified by Kwelan. Driver’s licenses must also be verified once the renter picks up the vehicle from the car owner to make sure the renter’s driver’s license is still valid and the person is who they say they are. If a Driver’s License is not verified by an Owner Kwelan cannot accept responsibility for renters driving without a valid driver’s license.
2. On-going Information Updates: You undertake to update the information you have provided to Kwelan in the event of any changes to your driving record or contact information. These updates must be made on the website by the member themselves when there is any change in information previously provided. Specifically, with respect to your contact information, Kwelan may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, the phone number, or receive mail at that address. Further , you are and will be solely responsible for all of the activity that occurs through your account. As such it is essential to keep your password and account information secure. Kwelan may use and share your information as described in our Privacy Policy.
3. Incorporation of Additional Terms: Kwelan user policies provide additional terms of use of the Kwelan marketplace as well as Frequently Asked Questions (FAQ) where we attempt to explain our policy and terms in plain English which are legally binding and are hereby incorporated into this Agreement. In addition, the Kwelan Privacy Policy will apply to all of the activities described in this Agreement and is hereby incorporated into this Agreement. Please review these documents carefully. If you have any questions concerning those Policies, please contact us.
4. Your Commitments: You undertake that you will always use the marketplace in compliance with the terms of this Agreement and any other policies and standards provided to you by Kwelan. You further undertake that you have the legal right to enter into this Agreement and to use the marketplace. You confirm  that your activities with Kwelan will not violate anyone else’s rights. You also agree to comply with all applicable laws and regulations of Zambia.
5. Termination: You may discontinue your use of the Kwelan marketplace at any time and Kwelan may terminate your access to the Kwelan marketplace for any reason or no reason. Termination of access to the marketplace will not release either party from any obligations incurred prior to the termination and Kwelan may retain and continue to use, for its own internal purposes, any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement, and all of those terms will survive any termination of this Agreement. No cancellation fees will be charged to any Kwelan marketplace users for terminating their account.
6. Disclaimer of Warranty and Limitation of Liability: This Agreement describes all Kwelan obligations in the event of any loss or damage resulting from your participation in the marketplace. To disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format: Kwelan provides a marketplace that enables car rental between car owners and car renters.  Kwelan does not provide car rental services and is not responsible for any of the acts or omissions of any of the users of its marketplace. The car manufacturer or any third-party provider of services (eg: in-car GPS or other systems). Except as expressly provided in this agreement, Kwelan hereby disclaims any warranty of any kind with respect to the cars and other products and services provided by or through Kwelan, whether such warranties are express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose and non-infringement. Kwelan makes no warranty that the service will be uninterrupted or secure or that any defects or errors will be corrected. Use of the service and any cars rented through the marketplace is at your own risk.  No advice or information, whether oral or written, obtained by you from Kwelan will create any express warranty.  In no event will Kwelan be liable to you for indirect, consequential, exemplary, special or incidental damages, even if advised of the possibility of such damages
7. General: This Agreement states the entire understanding between you and Kwelan concerning your participation in the marketplace supersedes any verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without the advance written consent of Kwelan. You will remain responsible for your obligation. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will remain in full force and effect. Kwelan must agree to any modification or waiver of any term of this Agreement in writing. Kwelan failure to exercise any right under this Agreement will not constitute a waiver of any other right Kwelan may have. This Agreement and any related claims or disputes  are governed by and construed in accordance with the laws of Zambia.
8. Vehicle Pick-up and Drop-off: Renters must meet the person appointed by the vehicle owner at the start of their rental period and at a KWELAN location. Vehicle deliveries may also be organized by the Partners to the renter for which Car Owners will charge a fee relative to the distance covered. All delivery charges must be discussed with renters before delivery commences. At the pickup and at the drop-off of the car, the trip checklist needs to be signed by both parties. If you don’t sign the trip checklist, we may assume that the trip checklist sent to us by the owner is true. If you don’t agree with the trip checklist, please add this to the form, still sign the trip checklist and send us photographic proof after the end of the rental. Quotes and receipts must also be submitted after the end of the rental. At the end of their trip, renters must return the car and the keys to the owner at a pre-agreed location. By registering on our platform, you agree to these terms of use and they will be deemed to have been thoroughly scrutinized by the user.

Terms for Renters

The following Sections 12-22 apply if you rent a car using the Kwelan marketplace:

1. Information provided to Kwelan: As part of establishing and maintaining your status as an authorized renter through the Kwelan marketplace, you will need to provide certain information about yourself and your driving record. You understand and agree that you must meet the eligibility requirements at all times that you use a car through the marketplace; if, after initial approval, you later fail to meet the eligibility requirements (e.g., you have a subsequent driving violation that would make you ineligible), you are required to inform us of the change in status and refrain from renting or driving cars via Kwelan. As stated in Section 1 above, you have authorized Kwelan to obtain your driving record and other applicable reports at any time, in order to verify that you meet the eligibility requirements of the marketplace. You understand and agree that Kwelan may periodically request additional verification of eligibility and proper verification of usage from you as a renter and that if you fail to provide satisfactory evidence of your continued compliance with this Agreement, Kwelan may terminate your membership immediately. Kwelan may, subject to the terms of this Agreement and the Privacy Policy, retain and continue to use, for its own internal purposes, any information previously provided by you. All of your information will be held and treated in accordance with the Privacy Policy. Please note, any failure to disclose car-related violations, accidents or other material information is grounds for immediate rejection or termination of your membership, effective as of such failure.
2. Platform Nature and Service Fee

Kwelan operates strictly as a peer-to-peer marketplace platform that facilitates vehicle bookings between independent vehicle owners (“Partners”) and customers (“Renters”). Kwelan does not own, lease, manage, or operate any vehicles listed on the platform and is NOT A CAR RENTAL COMPANY.

In consideration for providing access to the platform, enabling listings, processing bookings, facilitating payments, and providing related administrative and support services, Kwelan charges the Customers a non-refundable service fee equivalent to twenty-five percent (25%) of the total booking amount.

Transparent Pricing Display. Kwelan is committed to full pricing transparency. Before confirming any booking, the Renter shall be presented with a clear, itemized breakdown showing:
(a) The daily rental price set by the vehicle Owner;
(b) The Kwelan service fee of 25% of the total booking amount;
(c) Any applicable taxes or levies; and
(d) The total final price payable.

The Renter acknowledges that they have reviewed and accepted this total price before proceeding with the booking. No additional fees shall be charged without prior disclosure, except as otherwise provided in this Agreement (e.g., late return fees, damages, or fines).”

This service fee represents compensation solely for the use of the Kwelan platform and booking facilitation services and is separate from the vehicle rental price set by the Partner. The Customer expressly acknowledges and agrees that the service fee is payable to Kwelan for platform usage and facilitation only and does not constitute payment for vehicle rental, vehicle condition, or vehicle performance.

By proceeding with a booking, the Customer confirms acceptance of Kwelan’s role as an intermediary platform and agrees to the applicable service fee structure

The Renter expressly acknowledges and agrees that:
(a) The Kwelan service fee represents compensation solely for facilitating the booking, providing the platform, and enabling the peer-to-peer transaction between Owner and Renter.
(b) This fee is separate from and in addition to the vehicle rental price set by the Owner.
(c) The service fee is non-refundable once the booking is confirmed, except in the event that Kwelan cancels the booking due to a verified platform issue.
(d) By clicking “Confirm Booking,” the Renter confirms they have seen and agreed to the total price, including the service fee.”

1. You authorize Kwelan to charge any cards recorded on your account for all amounts due, including but not limited to, security deposits, admin fees, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for the payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fees, admin fees) incurred during the rental. Failing this and non-payment of a booking extension, failure to pay for damages, cross border crossings, you authorize Kwelan, its car owners, and 3rd party legal teams to charge 20% per month on any monies due and to take judgment against you with costs and without prior notice.
   In addition, Kwelan protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the Kwelan user policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the Kwelan marketplace. You agree that in the event damage is reported, Kwelan may immediately charge you up to the amount for the cost of repair, where no 3rd party was at fault, During the applicable rental period (i.e., “the scheduled start time of renter’s reservation”, “booking” through to their return of the car to the owner), the renter is liable for the excess payment regardless of whether the accident/loss was caused by a 3rd party. Nothing in this Agreement is intended to limit your responsibilities or Kwelan legal rights in connection with your use of the marketplace (or any vehicles rented through the marketplace). The renter gives authority to Kwelan to charge for any additional damage or costs as set out in this agreement that exceeds the deposit amount paid by the renter to their card/payment method used for their car rental payment on Kwelan partner’s website to process the payment.
   You acknowledge that Kwelan requires and hold a deposit as part of the car rental and that Kwelan will return this deposit 7 business days after the end of the rental period if no new rentals have been activated by the renter during this period and if there were no additional costs the renter was liable for as stipulated in this agreement e.g. insurance excess, uninsured damages to vehicle, extra kilometers, cleaning fees, missing fuel, delivery charges, etc. see the trip checklist
   When a renter wishes to extend their current rental period and there are any outstanding amounts against the renter’s account, Kwelan will require the renter to top up their deposit amount so that the renter has paid for a full deposit at the start of their extended rental period.
2. Use of the Car: When you rent a car through Kwelan, you may use the car only for your personal use and NOT for any commercial purposes (e.g. running a taxi service or public services, collateral, loans ). No Cross Border travel, or 4×4 trailing as sport, Events without informing Kwelan. You may not access a car until the beginning of your paid rental period and you must return the car on time and to the correct location. You must exercise reasonable care in your use of the car. In the event Kwelan has any concern about your use of a vehicle, Kwelan may terminate your reservation at its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seat belts during the operation of the car and to require that all of your passenger’s wear seat belts as well. You are also required to meet any laws or regulations concerning car seats, speed limits and other protections for young passengers and as determined by the road traffic act of Zambia. The Kwelan user policies provide a list of Prohibited Uses of any car rented through the Kwelan marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact Kwelan customer service. You will be fully responsible for any claims, loss, or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may nullify insurance coverage and may furthermore nullify any comprehensive insurance or collision protection.
3. Prohibited Travel. The Renter is strictly prohibited from driving the vehicle outside the borders of Zambia or onto any unpaved, off-road, or unmaintained roads not classified as a public highway. Any use of the vehicle outside Lusaka or its designated route must be pre-approved in writing by Kwelan. If the vehicle’s GPS tracker indicates it has left approved territory, Kwelan shall have the immediate right to terminate the rental and recover the vehicle at the Renter’s expense.
4. Condition of the Car: You understand that, unless otherwise specifically noted, the cars offered through the Kwelan marketplace are owned by third parties and are not owned or maintained by Kwelan. Each owner is responsible for maintaining and repairing the car(s) they offer through the marketplace in a roadworthy condition and is ultimately responsible for the condition of the car during the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must notify Kwelan immediately to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. The renter and the owner must download the ‘Trip Checklist’ from Kwelan website and jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. The ‘Trip Checklist’ must again be completed by the owner and the renter at the end of the rental period to assess if any new damage has occurred during the rental period. If any new damage is recorded, the ‘Trip Checklist’ must be signed by both owner and renter and be sent to us after the end of the rental period. If you find damage on your initial inspection and fail to report it on the ‘Trip Checklist, Kwelan may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the Kwelan team immediately.
5. Incident Reporting: You must immediately report any damage to the car you are using to Kwelan and if there has been a collision, to the police as well. Should the vehicle not be drivable after a collision you must contact the 24 Hour Roadside Assist Service RATSA an authorized tow of the vehicle to a place of safety. When a report is made to the police, the case number of the police report must also be forwarded to Kwelan within 24 hours of the accident. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide KWELAN with a written description of the incident and any other information Kwelan may request identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Kwelan, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of kwelan or the car owner.
6.  Insurance and Liability

1 All vehicles listed on Kwelan must carry comprehensive insurance coverage.

2 In the event of an accident during a rental period, if the renter is found to be at fault, they will be responsible for paying the 10%-20% excess insurance fee. This fee will be charged to the renter to cover the associated costs. It is mandatory for all renters to understand that this amount is non-negotiable and must be paid in compliance with the insurance coverage terms.

3 Kwelan disclaims liability for any accidents, damages, or losses beyond facilitating communication and transactions between the partner and renter.

The Platform User

15. The platform user, its shareholders, directors, employees, agents, representatives and assigns hereby irrevocably agree as follows:

1. 1. 1. That should a kwelan customer signify his/her/its intention to rent a vehicle owned by the platform user, the platform user will not, under any circumstances, utilize the contact thereby established through the platform to persuade or negotiate with the kwelan customer, to deal directly with it, whether by use of the platform or otherwise and to the exclusion of kwelan.
      2. Similarly, should the kwelan customer propose that the platform user deal directly with it, the platform user shall be obliged to inform the kwelan user that it is contractually bound not to contract independently with the kwelan customer based on the provisions of this non-compete agreement.

16.Mileage and Fair Usage Policy

1. Kwelan offers a flexible mileage policy designed to accommodate various travel needs while ensuring the longevity and optimal performance of our vehicles.1. Standard Usage Within Lusaka. For rentals operating within Lusaka, a daily mileage allowance of 100 kilometers is allocated to each car. This allocation supports typical urban travel requirements.
2. 2. Travel Outside Lusaka –Renters traveling to destinations outside Lusaka are permitted to exceed the standard daily mileage allowance during the journey to their destination. Upon arrival, the standard daily allowance of 100 kilometers applies for local use at the destination.3. Excess Mileage Charges

Should the daily allowance mileage of 100 kilometers be exceed, additional charges may apply or the booking can be canceled by Kwelan as breach of agreement and the car will be repossessed .

4. Monitoring and Compliance

Kwelan reserves the right to monitor vehicle usage to ensure compliance with this policy. Excessive or unauthorized use may result in additional charges or booking cancellation as outlined in the rental agreement.

5. Exceptions and Special Arrangements

Any exceptions to this policy must be agreed upon in writing prior to the commencement of the rental period. Special arrangements are subject to Kwelan’s discretion and may involve additional terms and conditions.

17.Damages:

1. 1.  Duty to Cooperate and Non-Solicitation

Should kwelan suspect or become aware of the fact that the platform user is or may be contravening the provisions of this agreement and the covenant by the platform user that it will not unlawfully compete with kwelan by poaching or otherwise seeking to solicit business based on the platform from kwelan, the platform user shall be obliged to provide its fullest cooperation to Rent kwelan in establishing any breach of the provisions hereof. The Platform User acknowledges and undertakes that it shall not, either directly or indirectly, solicit, divert, induce, entice, or otherwise attempt to obtain the business of any customer introduced through the Kwelan Platform outside the Platform without the prior written consent of Kwelan.1.2 Where Kwelan reasonably suspects or becomes aware that the Platform User has breached or intends to breach this Agreement, including the non-solicitation obligations contained herein, the Platform User shall promptly provide Kwelan with all information, documents and reasonable assistance necessary to investigate and determine the existence and extent of such breach.1.3 Failure or refusal to cooperate shall constitute a material breach of this Agreement and shall entitle Kwelan to exercise any remedies available under this Agreement or at law.

1. 1. Late Return of Vehicle

2.1 Time shall be of the essence in respect of the return of the Vehicle.

2.2 If the Renter fails to return the Vehicle on the agreed date and time, the Renter shall immediately become liable for the following charges:

(a) an administrative late return fee of ZMW 500.00 for the first hour of delay and ZMW 200.00 for every subsequent hour or part thereof;

(b) liquidated damages equivalent to 150% of the applicable daily rental rate for every full or partial day during which the Vehicle remains overdue, the parties acknowledging that such amount represents a genuine pre-estimate of the loss likely to be suffered by Kwelan;

(c) all reasonable costs incurred in tracing, recovering or repossessing the Vehicle, including storage charges, towing costs, repossession agent fees, legal fees and collection costs on an attorney and client basis where permitted by law.

2.3 All amounts payable under this clause shall become immediately due and payable and may be deducted from the Renter’s security deposit or charged to any payment method authorised by the Renter.

3. Booking Deposit

3.1 A booking shall only be confirmed upon payment of a non-refundable booking deposit equivalent to the total value of the reservation, unless otherwise agreed in writing by Kwelan.

3.2 The booking deposit shall constitute a reservation fee and shall be credited towards the total rental charges.

3.3 Failure to pay the required deposit within the stipulated period shall entitle Kwelan to cancel the reservation without further notice and without incurring any liability.

4. LOSS OF FUTURE BUSINESS

4.1 The Renter acknowledges that Kwelan operates a scheduled booking system and that the late return of a Vehicle may prevent Kwelan from fulfilling confirmed reservations.

4.2 The Renter shall indemnify and hold Kwelan harmless against all losses, liabilities, refunds, compensation claims and loss of rental income arising directly from the Renter’s failure to return the Vehicle on time.

4.3 The parties agree that the liquidated damages provided under Clause 2 are fair, reasonable and proportionate compensation for the anticipated commercial losses resulting from late return.

5. Security Deposit and Additional Charges

5.1 The Renter acknowledges that the security deposit may not be sufficient to satisfy all liabilities arising under this Agreement.

5.2 The Renter irrevocably authorises Kwelan to debit any credit card, debit card, bank account or mobile money account provided by the Renter for any outstanding sums, including but not limited to:

(a) late return charges;

(b) excess mileage charges;

(c) fuel shortages;

(d) traffic fines and penalties;

(e) toll charges;

(f) repair costs;

(g) mechanical damage attributable to the Renter;

(h) towing and recovery costs; and

(i) any other amounts lawfully due under this Agreement.

5.3 Where the security deposit proves insufficient, Kwelan may demand immediate payment of the outstanding balance.

5.4 Failure to make such payment within four (4) hours after written notification shall constitute a material breach entitling Kwelan to terminate this Agreement, repossess the Vehicle and recover all consequential losses.

6. Right of Repossession

6.1 Upon the occurrence of any material breach of this Agreement, including non-payment, unauthorized use, unlawful use, late return or breach of any material obligation, Kwelan may, without prejudice to any other remedy:

(a) terminate this Agreement with immediate effect;

(b) enter upon any premises where the Vehicle is reasonably believed to be located, where lawful, for purposes of recovering the Vehicle;

(c) appoint third-party recovery agents to repossess the Vehicle;

(d) recover all reasonable costs associated with repossession, transportation, storage, legal proceedings and enforcement.

6.2 The Renter waives any claim against Kwelan arising solely from the lawful repossession of the Vehicle undertaken pursuant to this Agreement.

7. Suspension of Services

7.1 Where any payment remains outstanding beyond the agreed payment period, Kwelan may suspend all services and decline future bookings until all outstanding amounts have been paid in full.

7.2 Suspension of services shall not relieve the Renter from any obligation to pay all outstanding charges, interest, penalties or damages.

8. Mechanical Damage and Driver Negligence

8.1 Duty of Care

The Renter shall exercise all reasonable skill, care and diligence in the operation of the Vehicle and shall:

(a) operate the Vehicle strictly in accordance with the manufacturer’s operating guidelines;

(b) refrain from reckless or abusive driving practices, including excessive engine revving, improper gear selection, overloading or operation on unsuitable terrain;

(c) immediately cease operating the Vehicle upon the illumination of any warning indicator or upon noticing any unusual noise, overheating, loss of oil pressure or other mechanical defect;

(d) promptly notify Kwelan of any suspected mechanical issue;

(e) regularly monitor and maintain engine oil, coolant, brake fluid and other essential fluid levels during the rental period.

8.2 Liability for Mechanical Damage

The Renter shall be fully liable for all mechanical damage resulting from negligence, misuse or breach of this Agreement, including but not limited to:

(a) engine seizure arising from failure to maintain oil or coolant levels;

(b) gearbox damage caused by improper gear selection;

(c) engine failure resulting from over-revving;

(d) continued operation after warning lights or mechanical defects become apparent;

(e) damage caused by overheating or lack of lubrication.

The Renter shall indemnify Kwelan against the full cost of repairs, replacement parts, towing, assessment fees and any consequential loss of income arising therefrom. The Assessment shall be conducted within 48 hours after the Vehicle is surrendered to Kwelan. Further, in the event of a dispute on the assessed amount, an independent report or assessment can be conducted within seven (7) days failure to which the assessed amount shall stand.

8.3 Independent Mechanical Assessment

Where mechanical damage occurs, Kwelan may appoint an independent qualified motor vehicle assessor or engineer to determine the cause of the damage.

Where the assessor concludes that the damage resulted from the Renter’s negligence or breach of this Agreement, the Renter shall bear:

(a) the cost of the assessment;

(b) all repair costs;

(c) loss of rental income while the Vehicle is under repair; and

(d) all related expenses.

The assessor’s report shall constitute prima facie evidence of the cause of the damage unless rebutted by competent expert evidence.

9. Liquidated Damages for Unlawful Competition

9.1 Where Kwelan reasonably establishes that a Platform User has directly or indirectly solicited, diverted, contracted with or otherwise obtained the business of a customer introduced through the Platform in breach of this Agreement, the Platform User shall be liable to Kwelan for liquidated damages.

9.2 The parties acknowledge that the actual loss arising from such conduct would be difficult to quantify and accordingly agree that liquidated damages in the sum of not less than ZMW 20,000.00 and not exceeding ZMW 250,000.00 per affected customer shall constitute a genuine pre-estimate of Kwelan’s loss and shall be immediately payable upon demand. In default, Kwelan reserves the right to commence an action.

9.3 Payment of liquidated damages shall not prejudice Kwelan’s right to seek injunctive relief, specific performance, damages exceeding the liquidated amount where permitted by law, or any other remedy available at law or in equity.

10. Cumulative Remedies

The rights and remedies conferred upon Kwelan under this Agreement are cumulative and are in addition to, and not in substitution for, any rights or remedies available under the laws of Zambia or at common law. The exercise of any one remedy shall not preclude the exercise of any other remedy.