NOVEMBER 2022

CHARITREE.COM.NA TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING DOCUMENT.

This Terms of Use (ToU) sets forth the terms and conditions under which ChariTree Outreach Investments CC or Sahara Commodities CC, (ChariTree, we, or us) provides you access to, and governs your use of, the website located at ChariTree.com.na (the Site), and the ChariTree applications made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).

Your use of the site and/or the service, or by clicking “I accept” if presented with this ToU in a click-through format, signifies your agreement to this tou and constitutes your binding acceptance of this tou, including any modifications that ChariTree makes from time to time. if you do not agree to this ToU, you may not use the site or the service.

You may not use the Service and you may not accept this ToU if you are not eighteen years of age or older. If you accept this ToU, you represent that you have the legal capacity to be bound by it. ChariTree may amend this ToU at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this ToU. The date of the last revision of this ToU is included at the top of this page. ChariTree may make changes to the Site and/or the Service at any time. You understand that ChariTree may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.

Privacy Policy.

By clicking “I ACCEPT” or using the Site or the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. ChariTree may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.

The Services.

Fundraising, sponsorship and donations. 

The ChariTree Site provides certain opportunities for users to donate money or sponsor services and goods for various charitable endeavours. Except as provided for in specific terms and conditions relating to a specific fundraising campaign, and unless specified by you, these terms and conditions do not form a contract allowing for future or successive transactions to be set up. By confirming on the Website that you wish to make a donation you agree to be bound by these Terms and Conditions for that donation.

Charitree reserves to use your donation at its discretion but within our stated charitable objectives. All payments through the site are to be made by payment card or via PayToday or PayPal.

Once you confirm that you wish to proceed with your donation your transaction will be processed through our payment services provider, PayToday or Paypal. By confirming that you wish to proceed with your donation you authorise PayToday or PayPal to request funds from your credit, debit, or PayPal card provider.

Before we can process a donation you must provide us with (i) your name, address and email address; and (ii) details of the credit or debit card that you wish to use to fund the donation. We will use this information to process your donation. It is your responsibility to ensure you have provided us with the correct information.

When you submit your payment details, these details will be transferred to our payment provider, PayToday or PayPal, and your payment data will be collected and processed securely by them. You should make sure that you are aware of PayToday or PayPal’s terms and conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a donation.

We won’t share your personal details with any other third party other than is set out in our Privacy Policy. Our Privacy Policy forms part of these Donation Payment Terms and Conditions and by agreeing to these Terms and Conditions you are also agreeing to the way we use and protect your personal information in line with our Privacy Policy.

We reserve the right to amend these Donation Payment Terms and Conditions at any time.

These Donation Payment Terms and Conditions are governed by Namibian law and are subject to the exclusive jurisdiction of the Namibian Courts.

ChariTree takes the utmost care to process donations as per the instructions given by our donors, online and offline. However, in case of an unlikely event of any fraudulent donation or sponsorship, we will respond to the donor/sponsor within 14 working days of receiving a valid request for refund from the donor. 

The timely refund of the donation will depend upon the type of credit card/banking instrument used during the transaction. The donor will have to send us a written request for a refund within 2 days of making the donation along with –

(i) Proof of the deduction of the donation amount.

(ii) In cases where the donation receipt has already been issued to the donor, the donor will have to return the original receipt to us at our office address.

(iii) If the tax exemption certificate is already issued, we will not be able to refund the donation. However, in case of a valid refund request due to any error on our part, we will refund the donation and bear the costs of the same.

If the donor doesn’t write within two days, then a refund is not possible.

An administration amount of N$250 or 10% of the donated amount will be deducted to cover administrative costs, bank charges and related cost.

Promotions

The ChariTree Site provides certain promotions on the Site (Campaigns) for a chance to win prizes and receive rewards. Participants may enter Campaigns by creating an Account (defined below) and by making a donation, or by using any other free to use mechanisms that we provide from time to time. Void where prohibited by law. In addition, if you are registering for or participating in a Campaign, participation is subject to our Official Raffle Rules and Regulations and any other rules and regulations applicable to such Campaign (collectively, Rules). If this ToU conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence. 

ChariTree reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to this ToU. In addition, ChariTree may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.

Donations and raffle ticket purchases.

Each Campaign allows you to support one or more causes (each a Designated Beneficiary) by making a monetary donation. ChariTree makes giving internationally and domestically safe, easy and effective for donors by raising charitable donations from members of the public to fund monetary grants to other organisations, including the Designated Beneficiaries featured on our Campaign pages.

In addition, ChariTree may receive donations that aren’t eligible for participating in a campaign and is an outright donation to one or more of the charities listed as beneficiaries. 

Issuing of prizes, payments to beneficiaries and prize winners identity.

For Campaigns on the ChariTree platform, approximately 30 business days following completion of a raffle, ChariTree will make a donation or donations to the Designated Beneficiaries equal to the net proceeds received as part of the Campaign after reconciliation of all expenses. In the event that you are the winner of a prize or prizes, you give express permission to allow ChariTree, its beneficiaries, sponsors and service providers to make public that you have won and may use your name on their social media forums, websites, print media or similar material. This is important as ChariTree and its affiliates highly value making known its winners as this adds social proof to the benefit of the overall project and the beneficiaries it supports. Should you wish to keep your identity confidential after winning a prize, you may appoint a proxy to represent your interest. 

Proceeds.

The net proceeds to be distributed as raffle proceeds is equal to 50% of the total raffle proceeds received in connection with a Campaign less the costs and expenses associated with that Campaign, which include advertising, payment processing, Prize fulfilment (other than Prizes or experiences that are donated), and the costs of making the Campaign a success. The remaining 50% of net proceeds goes to ChariTree to cover the cost of providing, adapting, improving and maintaining the technology and team that makes this all happen. In terms of Donations received, ChariTree retains 20% of the net proceeds and distributes the remaining 80% of net proceeds to the selected organisations.

While ChariTree takes all reasonable steps to attempt to grant raffle proceeds or donated funds to the Designated Beneficiary listed on the Campaign page, including pre-qualifying the Designated Beneficiary for  raffle proceeds or a donation, ChariTree retains exclusive legal control over all raffle proceeds and donations. In the rare cases when a Designated Beneficiary fails to meet the requirements of ChariTree fund distribution policies and procedures, ChariTree reserves the right to reassign funds to another organisation of its choice, and will aim to grant the funds to another organisation that supports other charitable causes.

Anyone who buys raffle tickets through the ChariTree platform and receives chances to win Prizes, is required to answer a question, on which, providing the correct answer, will be eligible to win a Campaign or prize, making this a game of skill. In the event of winning Prizes or any financial proceeds as a result of said prizes, your tax obligations will remain your prerogative and you should consult your own tax advisor for further advice. In the event that you need a duplicate or replacement receipt for tax purposes, you can contact info@ChariTree.com.na  Except in the event of fraud and a valid chargeback by a credit card issuer, all Donations are non-refundable. 

Raffle cancellation, future liability, refunds, returns, and exchanges.

Your Donation through the ChariTree platform supports an awesome cause and enters you to win an awesome prize or even prizes. Donations are non-refundable. Please note that delivery time varies based on the item; specifics about shipment will be listed in the product description at the time of winning. Due to the exclusive nature of all Campaign perks, we apologise for not being able to accommodate exchanges. Except where stipulated, all prizes will be paid up, free of bonds or related transfer costs up to the point of transfer of ownership to the winner. After the transfer of ownership, no further claim, future liability, latent or patent defects or otherwise will be made against ChariTree, its donors, affiliates or suppliers and will be for the account of the prize winner. 

A raffle cancellation occurs in the unlikely event that performance targets aren’t met by the due date and after a reasonable extension has been granted for a particular campaign. In such a case ChariTree reserves the right to  refund 100% of the donations to donors pertaining to that campaign or if insufficient tickets are sold to cover the intended prizes, the prizes will be calculated pro rata

Internet Access.

You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Service.

Accounts.

To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons equal to or over the age of 18, or to persons who have reached the age of majority in their countries of residence. Void in countries on the Namibian list of embargoed countries, if any. As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to ChariTree for purposes of creating an account (Registration Information) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this ToU and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password. Your personal information will be kept confidential. You allow ChariTree to add your personal information to our database for existing and future campaigns.

In creating an Account, you shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.

You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify ChariTree by sending an email to info@ChariTree.com.na of any known or suspected unauthorised use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. ChariTree is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

ChariTree employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a ChariTree employee, director or manager may not win the offered Campaigns.

Termination of Account.

You understand and agree that you have no ownership rights in your Account and ChariTree may stop offering the Service at any time. Further, ChariTree may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of this ToU. ChariTree will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. You may cancel your Account at any time and cancellation will take effect immediately. ChariTree reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.

Limited Licence to Use Site and Service.

Subject to all of the terms and conditions of this ToU, ChariTree hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable licence to access and use the Site and Service. The Site and Service may only be used for personal and non-commercial purposes and must at all times be used in accordance with this ToU and rules, restrictions and/or documentation set forth by ChariTree from time to time. All modifications and enhancements to the Site and Service remain the sole property of ChariTree. You agree not to licence, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You understand that ChariTree, in its sole discretion, may at any time for any reason suspend or terminate any licence hereunder and disable the Site, or any part thereof including any Service, without prior notice. ChariTree reserves the right to add or remove features or functions to the Site or Service at any time in its sole discretion. Notwithstanding anything to the contrary herein, you may not: (i) cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of ChariTree; or (iv) make any false, misleading or deceptive statement or representation regarding ChariTree and/or the Site or Service.

Use of Site and Service.

You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorised access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service. Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding ChariTree and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software; or (iv) or use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a raffle (or multiple raffles) automatically or in any way that would provide you with an unfair advantage over individuals that enter manually.  

You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. ChariTree does not control the Content posted on the Site or transmitted through the use of the Site or the Service and, as such, ChariTree does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge that ChariTree may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will ChariTree be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service.

The Site may provide forums and/or chat features enabling users to post user observations and comments. We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service.

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorised to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.

Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organisations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of ChariTree, including to enforce this ToU. By entering into this ToU, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.

The Site and the Service are operated by ChariTree in Namibia. Those who choose to access the Site, and/or the Service from locations outside Namibia do so on their own initiative and are responsible for compliance with applicable local laws.

Third-Party Products.

Third party services, content, information and products may be made available by ChariTree on or through the Site (Third Party Products). Third Party Products are provided solely for the convenience of Site users and ChariTree makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.

Hyperlinks.

Links from the Site. The Site may contain links to websites operated by other parties. ChariTree provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of ChariTree, and ChariTree is not responsible for the content available on the other sites. Such links do not imply ChariTree’s endorsement of information or material on any other site and ChariTree disclaims all liability with regard to your access to and use of such linked websites.

Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to ChariTree’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ChariTree and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with ChariTree, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) ChariTree reserves the right to revoke its consent to the link at any time and in its sole discretion.

ChariTree Intellectual Property and Intellectual Property Infringement.

The interfaces, content, arrangement and layout of the Site including, but not limited to, the ChariTree trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (ChariTree Intellectual Property) are the property of ChariTree, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of ChariTree. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any licence or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any ChariTree Intellectual Property or third party content located on the Site in any manner not expressly permitted under this ToU.

We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others. If you learn or believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control, you may file a notice under our Intellectual Property Policy. In the event of any third party claim that the Site or Service infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

Disclaimer of Warranties.

The site, software and the service are provided on an as is and as available basis for your use, without warranties of any kind, either express or implied, including without limitation, warranties of satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. ChariTree makes no warranty as to the quality, accuracy, completeness or reliability of any content available through, or the performance of, the site, the software or the service. You are responsible for verifying any information before relying on it. Use of the site, the software and/or the service is at your sole risk. ChariTree does not warrant that you will be able to access or use the site, the software and/or the service at the times or locations of your choosing; that the operation of the site, the software or the service will be uninterrupted or error-free; that defects will be corrected; that the site, the software or the service is free of viruses or other harmful components.

ChariTree provides no warranty or guarantee of any kind that the site, the software or the service will meet your expectations or requirements.

Because some jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

Limitation of Liability; Sole and Exclusive Remedy.

To the maximum extent permitted by law, in no event shall ChariTree or any of its affiliates, together with its respective directors, officers, shareholders, employees and agents, be liable with respect to any subject matter of this tou, whether based in contract, tort (including negligence), strict liability or other legal or equitable theory for (i) for any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or other device or any indirect, incidental, consequential, or special or exemplary damages arising out of or in any way connected with access to or use of the site, the software and/or the service, even if ChariTree and/or its affiliates have been advised of the possibility of such damages; (ii) the use or the inability to use the site, the software or the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; (v) any other matter relating to the site, the software or the service; or (vi) the cost of procuring substitute goods, services or technology. To the full extent permissible under applicable law, ChariTree’s aggregate liability to you or any third party in any circumstance shall not exceed One Thousand Namibia Dollars (N$1000). You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the site, the software or any portion of the service is to terminate your account and discontinue use of the site, the software and the service.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such  jurisdictions, the liability of ChariTree and its affiliates shall be limited to the fullest extent permitted by law.

Indemnification.

You agree to defend, indemnify and hold ChariTree, and its successors and assigns, and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) arising out of or relating to (i) your use or misuse of the Site, the Software or the Service, (ii) your breach or alleged breach of this ToU, including, without limitation, a breach or alleged breach of any representation or warranty by you in this ToU; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, the Software or the Service, or (iv) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content or Comments that you post on the Site or transmit through the Service.

Governing Law; Jurisdiction.

This ToU is governed by, and will be construed under, the laws of the Republic of Namibia without regard to choice of law principles. All disputes arising out of or related to your use of the Site, the Software and/or the Service shall be subject to the exclusive jurisdiction of the Republic of Namibia and you agree to submit to the personal jurisdiction of such courts.

General.

17.1. Amendments/Revisions. This ToU may only be amended and/or revised in writing by ChariTree (including by publishing such revisions by ChariTree on the Site.

17.2. Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ChariTree as a result of this ToU or your use of the Site, the Software or the Service.

17.3. Assignment. ChariTree may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this ToU without ChariTree’s prior written consent, and any unauthorised assignment by you shall be null and void.

17.4. Severability. If any of the provisions of this ToU is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

17.5. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this ToU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

17.6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

17.7. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: Sahara Commodities CC T/A ChariTree, P.O. Box 80101, 10021 Olympia Attn: ChariTree Customer Service.

17.8. Equitable Remedies. You hereby agree that ChariTree would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.

17.9. Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site, the Software and the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service.

All questions and concerns regarding this ToU should be directed to info@ChariTree.com.na