Terms and Conditions – Hunni & Chlo

TERMS and CONDITIONS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

This website is operated by Hunni and Chlo (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Hunni and Chlo. Hunni and Chlo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these terms and conditions.

SECTION 1 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our products or services, use of the product or services information, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, incomplete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - MODIFICATIONS TO THE PRODUCTS AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue our products and services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of product and/or service.

SECTION 4 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our service may include materials from third parties.

Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest or survey entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store or directly to us, in any/all forms, is governed by our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hunni and Chlo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hunni and Chlo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Conditions are effective unless and until terminated by either you or us. You may terminate these Terms of Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of South Africa.

SECTION 18 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at hello@Hunniandchlo.com

SECTION 20 – OUR DISCLAIMERS

NO WARRANTIES TO YOU: Hunni and Chlo products & services made available in conjunction with or through the Hunni and Chlo services are provided, to the fullest extent permitted by law, “as is”, “as available”, and “with all faults”, and without warranties of any kind either express or implied. Hunni and Chlo, and its partners, disclaim all warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Hunni and Chlo and its partners do not warrant that the functions contained in the Hunni and Chlo app/services will be uninterrupted or error-free, that defects will be corrected, or that the Hunni and Chlo services or the server that makes them available are free of viruses or other harmful components. Hunni and Chlo and its suppliers and partners (including Hunni and Chlo third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the other Hunni and Chlo services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not Hunni and Chlo or its suppliers or partners) assume the entire cost of any necessary services or equipment necessary to access the Hunni and Chlo services. You understand and agree that you download or otherwise obtain material or data through the use of the Hunni and Chlo services at your own discretion and risk. Certain state, provincial, and national laws do not allow limitations on implied warranties. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

YOUR INDEMNIFICATION OF US - YOU HOLD HUNNI AND CHLO HARMLESS: You agree to indemnify, defend, and hold Hunni and Chlo (and its affiliated companies, contractors, employees, agents, suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) Your use, misuse, misinterpretation or misrepresentation of any information or the other Hunni and Chlo services generally, (b) any violation of the rights of any other person or entity by you, (c)any alleged breach or violation by you of this agreement. Hunni and Chlo reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence for these claims. This defence and indemnification obligation are intended to extend to the fullest extent permitted by law and will survive this agreement and your use of the Hunni and Chlo Product/Services/App/Platform.

Limitation of our liability and of your damages: you acknowledge and agree that, to the fullest extent permitted by applicable law, under no circumstances, including negligence, will Hunni and Chlo (which includes, for purposes of this section, its affiliates, contractors, employees, agents, or third-party partners or suppliers) be liable to you or any third party for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) your use of the Hunni and Chlo services; (b) our disclosure, display, or maintenance of your information; (c) your use or inability to use the Hunni and Chlo services; (d) the Hunni and Chlo services generally (including the Hunni and Chlo software) or systems that make the Hunni and Chlo services available; or (e) any other interactions with Hunni and Chlo or any other user of the Hunni and Chlo services, even if Hunni and Chlo or a Hunni and Chlo authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and, to the extent permitted by law, will apply even if any limited remedy specified herein is found to have failed of its essential purpose. In no event shall Hunni and Chlo (or its affiliates, contractors, employees, agents, suppliers, or third-party partners or suppliers) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the Hunni and Chlo services (whether in contract, tort (including negligence), warranty, or otherwise) exceed the amounts paid by you for accessing the Hunni and Chlo services during the twelve (12) months immediately preceding the date of your claim or one rand(R1.00), whichever is greater. This section is not intended to exclude liability that Hunni and Chlo may not exclude under applicable law. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Hunni and Chlo, and that the warranty disclaimers and the limitations of liability set forth in this agreement forms an essential basis of the bargain between you and Hunni and Chlo. Hunni and Chlo would not be able to provide the Hunni and Chlo services to you on an economically reasonable basis without these limitations and disclaimers.

YOU RELEASE US: To the fullest extent permitted by applicable law, you hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or user content and information provided by, other Hunni and Chlo services users or (2) any third-party site, products, services, and links included on or accessed through the Hunni and Chlo service.

RESOLVING OUR DISPUTES: You and Hunni and Chlo agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Hunni and Chlo services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Hunni and Chlo in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section.

INFORMAL RESOLUTION: If you have any dispute with us, you, and we agree that before taking any formal action, you will contact us at hello@hunniandchlo.com, provide a brief, written description of the dispute and your contact information (including your identity number and phone number associated with your user profile). We will attempt to resolves any dispute within sixty (60) days from the date of you contacting us.

APPLICABLE LAW: You agree with us that South African law including the Arbitration Act, will govern all covered dispute matters. Such body of law will apply regardless of where you use the Hunni and Chlo services.

OUR ARBITRATION: You agree with us that this agreement and each of its parts evidence a transaction involving interstate commerce, and the Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any covered dispute matter must be asserted individually in binding arbitration administered by the Association of Arbitrators NPC (“Southern Africa ”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). You, and we agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You agree with us that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable or a particular claim is subject to arbitration. You agree with us that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The Arbitrator’s Award to You or Us: You and Us agree that for matters where the relief sought is over R1,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Hunni and Chlo user to the extent required by applicable law. You and Us agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and US agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim, for example your claims. Any relief awarded cannot and will not affect other citizens/users.

EXCEPTIONS TO OUR AGREEMENT TO ARBITRATE DISPUTES. There are only two exceptions to this agreement to arbitrate: First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.

WHO BEARS THE COSTS OF ARBITRATION: You and Us agree that payment of all filing, administration, and arbitrator fees will be governed by the Association of Arbitrators NPC rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is R1,000 or less, at your written request, Hunni and Chlo will not reimburse you for the filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that Hunni and Chlo is relieved of its obligation to reimburse you for any fees associated with the arbitration, however for the time spent in attending to the Arbitration initiated by you, a claim of up to but not limited to R1,00 may apply.

FUTURE AMENDMENTS TO THE AGREEMENT TO ARBITRATE: Notwithstanding any provision in this agreement to the contrary, You and Us agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Hunni and Chlo prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Hunni and Chlo. If you do not agree to these amended terms, you may close your profile within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

JUDICIAL FORUM FOR LEGAL DISPUTE: Unless You and us agree, in the event that the agreement to arbitrate the above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you are an international user to which this agreement to arbitrate does not apply, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Hunni and Chlo must be resolved exclusively by a state court located in Durban, South Africa. You and Hunni and Chlo agree to submit to the exclusive personal jurisdiction of the courts located within Durban for the purpose of litigating all such claims or disputes.

You may opt-out of arbitration: if you are a new Hunni and Chlo user, you can choose to reject the agreement to arbitrate provision (“opt-out”) by emailing us an opt-out notice to hello@hunniandchlo.com (“opt-out notice”) or by postal mail to: Hunni and Chlo (Pty) Ltd, No2 Ncondo Place, Umhlanga, 4319. The opt-out notice must be received no later than thirty (30) days after the date you accept the terms of this agreement for the first time. If you are not a new Hunni and Chlo user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice.

Arbitration Opt-Out Procedure: To opt-out, you must email your identity number, address (including street address, city, state, and zip code), associated with your profile to which the opt-out applies, and an unaltered digital image of your valid identity document or driver’s license to: hello@hunniandchlo.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections ‘You Acknowledge the Benefit of the Bargain with Hunni and Chlo and through (Advertising; End User Licenses; Our Disclaimers; No Warranties to You, and Limitation of our Liability and of Your Damages) will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

You waive certain rights: by agreeing to this agreement, you hereby irrevocably waive any right you may have (i) to a court trial (other than small claims court as provided above), (ii) to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties, and (iii) to a trial by jury even if any arbitration is not required under this agreement. Statute of limitations for your claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, services, or this agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

NOTICE AND TAKEDOWN POLICY: Hunni and Chlo respects intellectual property rights and expects its users to do the same. Hunni and Chlo will promptly terminate without notice the users that are determined by Hunni and Chlo to be “repeat infringers.” A repeat infringer is a user who has been notified by Hunni and Chlo of infringing activity violations more than twice and/or who has had their user information removed from the Hunni and Chlo Services more than twice. (Note that we reserve the right to terminate profiles for a single infringement as well)

If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Hunni and Chlo services infringes your copyrights, then you may submit a notification by providing Hunni and Chlo Designated Copyright Agent with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Hunni and Chlo services are covered by a single notification, a representative list of such works on the applicable Hunni and Chlo services, identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hunni and Chlo to locate the material; information reasonably sufficient to permit Hunni and Chlo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).

Hunni and Chlo designated copyright agent to receive notifications of claimed infringement can be reached as follows:

Attention: Ahmed Khan

Hunni and Chlo (Pty) Ltd

No 2 Ncondo Place

Umhlanga, 4319

Telephone: (+27) 83 785 8001

Email: hello@hunniandchlo.com (recommended contact method)

For clarity, only notices under this section should go to the Hunni and Chlo Designated Copyright Agent. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

LEGAL COMPLIANCE: You represent and warrant that (i) You are not located in a country that is subject to an embargo, or that has been designated by the S.A Government as a “terrorist supporting” country; and (ii)You are not listed on any S.A Government list of prohibited or restricted parties.

MISCELLANEOUS PROVISIONS: Severability, Waiver of Agreement Provisions. You and us agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right later to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

NOTICES: Hunni and Chlo may provide you with notices, including those regarding changes to this Agreement, by postings on the Hunni and Chlo Services. You hereby consent to the use of electronic communications. You may not assign, but Hunni and Chlo may. This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you. However, Hunni and Chlo may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires our company, business, or our assets, that transaction may include a sale or transfer of your user content and all data, and you agree to such transfer without further action or confirmation.

Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

HEADINGS: Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing.

YOUR INQUIRIES: The services hereunder are offered by Hunni and Chlo (Pty) Ltd, No 2 Ncondo Place, Umhlanga, 4319, Republic of South Africa. General Inquiries: hello@hunniandchlo.com

CANCELLATIONS: Cancellations and uninstallation of the services are allowed at any time. You have the right to cancel your Hunni and Chlo services without giving any reason.

EXCEPTIONS TO LIABILITY LIMITATIONS: Nothing in this Agreement excludes or limits Hunni and Chlo (or its affiliated companies’, contractors’, subcontractors’, directors’, officers’, employees’, agents’, third party suppliers’ or partners’) liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

LOCAL JURISDICTION: The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. But by entering into this Agreement or otherwise, Hunni and Chlo does not consent to the jurisdiction of any courts other than those referenced in this agreement and reserves the right to contest that it is not subject to the jurisdiction of any other court.

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