Dohwe

We are located at:

Thinkstack Private Limited
Office 7, First Floor, Chiyedza House, Cnr 1st and Kwame Nkrumah
Harare
ZW

Contact:

Peniel Tambama:
Cell: +263773727342
Email: Peniel@thinkstack.co.zw

Caryl Zembe:
Cell: +263 773 239 451
Email: caryl@thinkstack.co.zw

The best way to contact us is to write to product@dohwe.com.

Products and services sold and transmitted by Dohwe on www.dohwe.com consist credit Top-Up, to mobile phones, fixed data lines, electricity vouchers, Satellite TV, fuel accounts and related services such as SMS text messaging. These services are provided on behalf of the telecoms carriers and the various service providers available on the site www.dohwe.com , which are subject to change and availability. The relevant Service Provider is responsible for the provision of Top-Up services and is solely liable to you/your organisation and the Top-Up recipient.

Once the transaction has been confirmed and payment has been successfully made, the Top-Up recharge is within an hour sent and transmitted by Dohwe to the input mobile number or account number .There may be an occasional short time lapse before the Top-Up is credited by the relevant mobile carrier. A confirmation email with Top-Up details will be sent once the transaction is complete.

Because of the immediate use nature of a Top-Up, once a transaction has been completed and the Top-Up sent to the provided mobile number or account number, it cannot be modified, cancelled, refunded or removed. All executed transactions are final and any/all refunds are not available via www.dohwe.com . Once sent, Top-Up cannot be refunded or removed from the receiving phone by Dohwe. Please check that the mobile number entered is correct prior to completing a Top-Up transaction or Schedule.

Any reversal or refund is to be done via the specific service provider’s support channels as highlighted below

Netone:
Econet:
Telecel:
ZETDC:

Your privacy is important to us. It is www.dohwe.com policy to respect your privacy regarding any information we may collect from you across our website, www.dohwe.com, mobile app and other sites we own and operate.

1. Information we collect

"Personal Data" means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, email address, credit card or other payment information, mobile numbers, account numbers , budgets. We may also collect device data, such as your IMEI number, IP Address, operating system, device settings, list of installed mobile apps and geo-location data. We may access the Contact list information on your device to provide rich and personalized features. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

The provision of your Personal Data is voluntary. However, if you do not provide www.dohwe.com with your Personal Data, www.dohwe.com will not be able to provide services or accept payments from you.

www.dohwe.com may collect, use, disclose and process your Personal Data lawfully, fairly and in a transparent manner for business and activities of www.dohwe.com which shall include, without limitation the following (the “Purposes”):

to validate and/or process schedules, Payments and/ or Notifications;
to develop, enhance and provide what is required to meet your needs;
for internal administrative purposes, such as auditing, data analysis, database records;
to respond to questions, comments and feedback from you; and in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data.
to comply with a legal and regulatory obligations.

We keep your Personal Data during the subsistence of a valid contract between ourselves and yourselves and destroy the same on termination of an existing contract. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and we cannot guarantee absolute data security.

2. Disclosure of personal data to third parties

www.dohwe.com may disclose your Personal Data to:

third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, fraud prevention, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
sponsors or promoters of any competition we run; and
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.

3. International transfers of personal data

The Personal Data we collect is stored and processed where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.

4. Your rights and controlling your personal data

Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us, that you have your parent or legal guardian’s permission to access and use the website and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this website or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using privacy@www.dohwe.com. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.

Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please correct that via our website or mobile app.

Notification of data breaches: We will comply laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using privacy@www.dohwe.com and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the opt-out using the opt-out facilities provided in the communication.

5. Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

6. Business transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.

7. Limits of our policy

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

8. Changes to this policy

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

If we make a significant change to this privacy policy, for example changing a lawful basis on which we process your personal information, we will ask you to re-consent to the amended privacy policy.

These Terms of Service (Agreement) set out the legally-binding terms and conditions for your use of the www.dohwe.com Services.

BY YOUR USE OF OUR SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT TO BE BOUND BY THESE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD NOT USE THE SERVICE. THIS AGREEMENT, EFFECTIVE FROM 1 JULY 2021 CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND WWW.DOHWE.COM (TOGETHER WITH ITS SUBSIDIARIES AND OTHER AFFILIATES) AND SHALL SUPERSEDE ANY EXISTING AGREEMENT YOU MAY HAVE WITH US EXCEPT WHERE OTHERWISE COMMUNICATED. WWW.DOHWE.COM RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REVISE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT FURTHER NOTICE TO YOU. WE MAY, WITHOUT OBLIGATION, PROVIDE YOU ADVANCE NOTICE OF ANY MATERIAL REVISIONS TO THE EMAIL ADDRESS LINKED TO YOUR USER ACCOUNT.

To be eligible to register for a www.dohwe.com account in order to use the Services, or to continue using the Services:

You shall be at least 18 years of age
You have the rights, authority, and capacity to enter into this Agreement
You shall abide by all of the terms and conditions of this Agreement
You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
You must review and accept this Agreement by clicking on the “I Accept” button or other mechanism provided.
You acknowledge that www.dohwe.com at any time in its sole discretion, with or without notice, including without limitation may terminate the account, and any information uploaded to the account or prohibit you from using or accessing the Services for any reasons known to them including the ones stated above.
This license shall extend to your affiliates, provided that such affiliates are acting via your account and provided further that you remain jointly and severally liable for all acts and omissions of your affiliates.

In this Agreement, we, us, our or www.dohwe.com will refer collectively to Thinkstack Private Limited Trading as Dohwe and its subsidiaries/affiliates existing from time to time and the terms you, your and Customer will refer to you. If you are registering for an account in order to use the Services on behalf of an organisation, then you are entering into this Agreement on behalf of that organisation and represent and warrant that you have the authority to bind that organisation to this Agreement (and, in which case, the terms you, your and Client will refer to that organization). Dohwe and the Client are each referred to in this Agreement as a Party and collectively as the Parties.

1. Definitions

1.1 In this Agreement, unless otherwise specified, the following words shall have the meanings next to them:

Affiliate means in relation to a Party, any other body corporate directly or indirectly, Controlling, Controlled by, or is under common Control with, such Party and Affiliates shall be construed accordingly;
API Key means the unique and secret authentication code issued to you on the User Account which you shall use to access the API Platform;
API Platform means Dohwe’s application programming interface platform accessible on the Site;
Control means, in relation to a body corporate, the power or ability of a person to secure that the affairs of the body corporate are conducted directly or indirectly in accordance with the wishes of that person: (1) by means of the holding of shares, or the possession of voting power, in or in relation to that or any other body corporate; or (2) by virtue of any powers conferred by the articles of association, or any other document, regulating that or any other body corporate, and Controlling and Controlled shall be construed accordingly;
Disclosing Party means a Party that discloses Confidential Information;
Force Majeure Event means any happening or event which is beyond the reasonable control of a Party and which negatively affects a Party’s performance of its obligations or makes such performance impossible or so impracticable as to be considered impossible in the circumstances including acts of God, riots, war, armed conflict, civil strife, acts of terrorism, acts of government, the Regulator or other regulators, fire, power outages, material adverse weather conditions including flood, storm or earthquake, or disaster, geographical topography, or the unexpected refusal, or inability or delay by a third party to supply goods or services to a Party;
Intellectual Property means any and all patents, trademarks, copyrights, inventions, Works, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in Confidential Information, know-how, trade secrets, discoveries, creations, inventions or improvements upon or additions to an invention, moral rights, any research effort relating to any of the above and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world;
Service Provider mean a company whose services Dohwe resells in a country Dohwe operates in and Service Providers shall be construed accordingly;
Personal Data means any information relating to an identified or identifiable natural or juristic person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identity number , mobile number , address data, service provider account number, schedule lists, spend data ;
Person includes a natural person, body corporate, unincorporated venture, trust, joint venture, association, statutory corporation, state, state agency, governmental authority or firm;
Receiving Party means a Party that receives Confidential Information;
Regulator means the relevant regulatory authority in a country we operate in that governs benefits provision and reselling;
Representatives means a Party’s directors, officers, employees or agents;
Schedule means the instruction set that is given to Dohwe by your organisation, which describes the specific Service(s) you have requested and the applicable pricing of the Service(s), Frequency of delivery of the services , which shall form part of this Agreement;
Wallet means your wallet in the User Account to which you load a value of money to utilize in respect of the Services.
Account means a customer’s account where you can upload scheduled lists, load wallet, access usage report, access APIs for integration into your systems and manage multiple organisations lists.

2. Access and Security

2.1 To access and use the Services, you must create a User Account. The User Account shall be solely accessible using a username and password set by you, and an API Key generated by you on the User Account.

2.2 Dohwe shall work together with you on the integration between your systems and Dohwe for the purpose of this Agreement.

2.3 You shall access the user Account over a secure HTTPS connection. You shall be fully responsible for contents of your user Account, the API Key and your internal local area Service and security setups, including configuration of firewalls and other protocols required to protect your Service from hackers and malicious intrusion.

2.4 You may be requested to complete a Service Order Form confirming your requested Service and you shall comply with Dohwe’s KYC documentation when required, including but not necessarily limited to submitting to Dohwe:

2.4.1 a duly filled out KYC form;

2.4.2 a copy of its certificate of incorporation;

2.4.3 a copy of its tax identification number from the relevant tax authority; and

2.4.4 a form from the relevant companies registry indicating the shareholder and directors structure.

2.4.5 AT may from time to time require you to update the identification information/ documents it holds on your behalf as may be required by a Regulator or a Service Provider and shall have the discretion to suspend the provision of the Services until such update is provided.

3. Fees and Payment

3.1 Unless otherwise agreed upon by both Parties in writing, you shall pay Dohwe the fees set out on www.dohwe.com , in advance.

3.2 Invoices in respect of any invoiceable payments shall be sent to the e-mail address specified by you, and shall be deemed received on the date sent. Such invoices will specify the payment period. Without prejudice to any other right or remedy that it may have, if you fail to pay an invoice within seven (7) days of the due date indicated in such invoice, Dohwe shall charge a finance charge of 20% per month on the sum due payable from the due date until the invoice is settled. If you fail to pay Dohwe any sum due within thirty (30) days of the due date indicated in such invoice, Dohwe may suspend all or part of the Services until payment has been made in full. Dohwe shall immediately without undue delay or any additional requests from you reactivate any Services once it has received full payment from you.

3.3 The fees shall be subject to change from time to time in line with any rates adjustments by the Service Provider, the Regulator, and/or the government of the relevant jurisdiction the Services are provided in and such change shall be notified to you as soon as reasonably possible. Any changes in charges at the discretion of Dohwe shall be notified to you at least thirty (7) days prior to the changes taking effect.

3.4 All fees payable to Dohwe shall be:

3.4.1 inclusive of VAT (unless otherwise stated); and

3.4.2 paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as may be required by law).

4. Acts of a Service Provider

4.1 You are hereby made aware that a Service Provider may have the right to act unilaterally and to the prejudice of Dohwe including but not limited to the Service Provider (a) reviewing its rate charge at any time and (b) at its sole direction deciding to terminate a service. The Parties hereby agree that in the event that an act by the Service Provider against Dohwe prejudices you, you shall have no claim of whatsoever nature against Dohwe and/or its Representatives, irrespective of the prejudice suffered by you.

4.2 The Parties agree to have good faith negotiations to amend the Agreement in the event of a unilateral and prejudicial act by a Service Provider against Dohwe and in the event that Parties cannot agree to the amended terms, either Party shall have the right to terminate the Agreement in accordance with clause

5. Confidentiality

5.1 In this Agreement, Confidential Information means any non-public information or data, regardless of whether it is in tangible form, disclosed by either Party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include information which is already known to the receiving Party at the time of disclosure by the Disclosing Party; is or becomes publicly known through no wrongful act of the Receiving Party; is independently developed by the Receiving Party without benefit of the Disclosing Party’s Confidential Information; or is received by the Receiving Party from a third party without restriction and without a breach of an obligation of confidentiality.

5.2 Each Party hereby agrees that if either Party provides Confidential Information to the other Party, such Confidential Information shall be held in the strictest of confidence and the receiving Party shall afford such Confidential Information the same care and protection as it affords generally to its own confidential and proprietary information (which in any case shall not be less than reasonable care) to avoid disclosure to or unauthorized use by any third party.

5.3 The receiving Party may disclose confidential Information to the minimum extent required by (a) any applicable order of any court of competent jurisdiction or any competent judicial, governmental or regulatory body or (b) the applicable laws or regulations of any country or governmental authority with jurisdiction over the affairs of the receiving Party in line with THE PRIVACY POLICY SHARED

5.4 Dohwe shall ensure that the collection, handling, storage, processing and disposal and any other use (collectively Processing) of Personal Data is done in compliance with all applicable data, privacy and cyber security laws and that Personal Data that is accessed or collected during the performance or utilization of the Services is kept secure and Dohwe shall use appropriate technological, Organisational and security practices and systems in respect of the Personal Data to comply with legal and regulatory requirements including data protection requirements. Dohwe shall take prompt remedial action against any unauthorized use, storage, reproduction or redistribution of the Personal Data and shall immediately notify you of any Personal Data breaches and no later than seventy two (72) hours after it has become aware of the breach. Dohwe shall keep records of Personal Data breaches, indicating the relevant facts, their effects and the remedial actions taken.

5.5 If Dohwe will be Processing Personal Data from the EEA, Switzerland, or the United Kingdom on your behalf, and you wish to execute a Data Protection Agreement (DPA) with Dohwe, as required by the General Data Protection Regulation (GDPR), then you may do so by submitting a request to product@dohwe.com . Upon receipt of your request, we will send you a GDPR DPA ready for execution.

6. Intellectual Property

6.1 Each Party shall retain its Intellectual Property whether registered or not, used by or related to either Party. All legal and beneficial rights the Intellectual Property which Dohwe provides to you for the purpose of using the Services will remain at all times the property of Dohwe or its owner or licensor. To the extent that it is so entitled, Dohwe grants you a non-exclusive, non-transferable license to use such Intellectual Property for the sole purpose of using the Services as contemplated under this Agreement. The Client shall not modify, adapt, translate, reverse engineer or disassemble Dohwe’s APIs, Services or any other Intellectual Property owned by Dohwe.

6.2 If you provide any feedback to Dohwe the Site or Services, you hereby assign to Dohwe all right, title, and interest in and to the feedback, and Dohwe is free to use the feedback without payment or restriction.

7. Term and Termination

7.1 Term

Unless otherwise specified in a Service Order Form, this Agreement, as may be updated from time to time, will commence on the date it is accepted by you and shall continue unless terminated.

7.2 Termination for breach by either Party

Either Party shall be entitled to terminate this Agreement in the event that: (i) the other Party;

7.2.1 commits a breach of any of its material obligations herein and fails to remedy such breach within thirty (30) Days after delivery of written notice thereof from the non-defaulting Party; (ii) if it repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement; or (iii) the other Party becomes insolvent.

7.3 Termination by Dohwe

7.3.1 Dohwe shall be entitled to terminate the Agreement with immediate effect by serving written notice to you

if you breach the Agreement or
Where Dohwe has been instructed to cease providing the Services by a Regulator or by any other competent authority, or if an agreement between Dohwe and a Service Provider integral to the provision of the Services is terminated.

7.4 Termination for convenience

A Party may terminate this Agreement without cause by serving thirty (30) days’ written notice of termination on the other Party.

7.5 Consequences of termination of the Agreement

7.5.1Dohwe shall deactivate the Services immediately upon expiry of the notice period provided in the notice of termination issued by either Party or immediately on receipt of a notice of termination from either Party where no period has been provided (the Effective Termination Date).

7.5.2 The termination of the Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the Effective Termination Date, including the right to claim damages in respect of any breach of the Agreement which existed at or before the Effective Termination Date.

7.5.3 Upon termination of this Agreement, any amounts in respect of the Service charges payable which have not been paid shall be paid in full by you within thirty (30) days (including weekends) of the Effective Termination Date. Failure to do so interests stipulated in 3.2 apply.

7.5.4 Where applicable, Dohwe will refund the following amounts paid by you less any deductions which Dohwe is entitled to charge to you under this Agreement within thirty (30) days of the Effective Termination Date:

The deposit (if any) paid by you (without interest); and
The value of any credited but unutilized amount in the Wallet.

8. Indemnification

8.1 Subject to the limitations in clause 11, each Party (the Indemnifying Party) hereby agrees to indemnify, defend, protect and hold harmless the other Party (the Indemnified Party) and its Affiliates, from and against, and to assume liability for any loss, damage, expense or cost (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in connection with: (i) an infringement by the Indemnifying Party of a third party’s Intellectual Property (ii) any violation by the Indemnifying Party of any applicable law or governmental regulation; and (iii) any material breach by the Indemnifying Party of its obligations under this Agreement. You further agree to indemnify Dohwe and its affiliates against any claims of whatever nature by third parties arising from or due to your use of the Services.

8.2 Nothing in this Agreement excludes or is intended to exclude either party’s liability for fraud caused by the actions or omissions of such Party or its Representatives.

9. Limitation of Liability

Except as provided in clause 10, in no event shall either Party be liable to the other Party for any consequential, special or indirect losses or damage sustained by either party or any third parties in using the Services, howsoever arising whether under contract, tort or otherwise (including, without limitation, third party claims, loss of business or profit, loss of, customers, loss of data or information, cost of substitute performance, or damage to reputation or goodwill) even if it has been advised of the possibility of such damages.

10. Notices

You hereby authorize Dohwe to send notices to you relating to this Agreement (e.g., Service updates, notices of breach and/or suspension) via email to the email address you provide to us in the Service Order Form, and if no Service Order Form has been executed, to the email address linked to your User Account. It is your responsibility to keep your email address current, and you will be deemed to have received any email sent to the last known email address Dohwe has on record for you. Notices that Dohwe sends to you via email will be deemed effective upon Dohwe’s sending of the email. Notices provided to Dohwe under this Agreement shall be sent to the attention of product@dohwe.com.

11. Variation

No variation, amendment or any alteration to any of the terms and conditions of this Agreement shall be of any force or effect unless they have been reduced to writing and have been duly signed by the Parties. The Parties agree that no other terms or conditions, whether oral or written, and whether express or implied, apply to this Agreement.

12. Waiver

No waiver of any of the terms and conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the Party giving the same, and any such waiver will be effective only in a specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege.

13. Severability

If any term of this Agreement is to any extent illegal, otherwise invalid or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms shall remain in full force and effect; and to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

14. Entire Agreement

14.1 This Agreement including the additional terms, policies and agreements indicated in clause 2.3, constitutes the entire agreement of the Parties and it supersedes any prior written or oral agreements between the Parties. In case of any ambiguity or conflict between this Agreement, and a Service Order Form, this Agreement shall take precedence except where the dispute is in relation to the applicable pricing.

15. Assignment

Parties shall have provision to assign any or all of their rights and obligations under this Agreement without the prior written consent of the other Party.

16. Force Majeure Event

16.1 Provided it has complied with notice requirements under this clause, if a Party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (the Affected Party), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

16.2 The corresponding obligations of the other Party will be suspended, and it’s time for performance of such obligations extended, to the same extent as those of the Affected Party.

16.3 The Affected Party shall:

16.3.1 as soon as reasonably practicable after the start of the Force Majeure Event but no later than ten (10) days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, it’s likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement; and

16.3.1 Use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.

16.4 If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than two (2) months, the Party not affected by the Force Majeure Event may terminate this Agreement by giving thirty (30) days written notice to the Affected Party.

17. Governing Law and Dispute Resolution

17.1 Governing Law

This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by, and construed in accordance with the laws of Zimbabwe.

17.2 Amicable Settlement

17.2.1 The Parties shall use their best efforts to settle amicably any dispute arising from or in connection with this Agreement through good faith negotiations between the senior officers of the Parties. The Party seeking resolution of a dispute will first give notice in writing to the other Party, setting forth the nature of the dispute and a concise statement of the issues to be resolved.

17.2.2 All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the Parties and their Representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

17.3 Arbitration

17.3.1 If the dispute has not been settled amicably within thirty (30) days (or such longer period as may be agreed upon between the Parties) from when the dispute resolution process was instituted, a Party may elect to refer the dispute to arbitration for final resolution in Harare, Zimbabwe.

17.3.2 Where a Party elects to commence arbitration proceedings, such arbitration shall be determined by a single arbitrator to be appointed by agreement between the Parties or, in default of such agreement, within fourteen (14) days of the notification of a dispute, the arbitrator shall be appointed upon the application of either Party, by a Judge of the Supreme Court of Harare.

17.3.3 The arbitration shall be conducted in Harare, Zimbabwe. The language of the arbitration shall be English.

17.3.4 The award of the arbitrator shall be final and binding upon the Parties and any Party may apply to a court of competent jurisdiction for enforcement of such award.

17.3.5 Notwithstanding the foregoing, a Party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrator.

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