Please read these Terms of Use carefully before using the service by Chelo (“Company”). This agreement sets forth the legally binding terms and conditions for your use of the website at www.cheloApp.com and the service owned and operated by the company (collectively with the site, the “Service”). By using the site or service in any manner, including but not limited to visiting or browsing the site, you agree to be bound by this agreement. This agreement applies to all user of the site or service, including users who are also contributors of content, information, and other materials or services in the site.

What is Chelo?

Chelo Functions as a secure online payment facility that makes is easier for donors to fund education projects. An education enabler tool that allows communities to work together in improving, advancing and fostering continuity. Chelo uses the concept of crowd funding to help raise money and other required goods and services. Crowdfunding is a concept very common in South Africa, especially among african communities, it has been fundamental in helping communities help themselves for many years.

Privacy

We respect your privacy and will not disclose your personal information to third parties without your authorisation. The manner in which we use your information is regulated in more detail as described in our Privacy Policy (“Privacy Policy”).  The Privacy Policy is hereby incorporated into this Agreement.  If you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not agree to this Agreement and you should not use the Website. By continuing to use the website and the Service you are deemed to have accepted the terms of this Agreement and the Privacy Policy.

Please read and understand our Privacy Policy here  

Delivery policy

Subject to availability and receipt of payment, requests will be processed within 3 working days and delivery confirmed by way of Email.

Costs

All projects on Chelo are required to reach their Minimum Funds Required (MFR=80% of target funding) by the end of donation stage in order to receive their funds. Otherwise the funds will be moved to the schools Chelo wallet and for the school to use in the future. Donations on the platform are non-refundable. Below are the fees associated with Chelo.

• The processing fees are 2, 95% plus R3, and 5% management fee per transaction (excluding vat.)

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Payment options accepted

Payment may be made via Visa, MasterCard or secure EFT.

Card acquiring and security

Card transactions will be acquired for Chelo via Peach Payments who are the trusted African payment gateway for all South African Acquiring Banks. Peach Payments uses the strictest form of encryption/ advanced fraud detection tools (find out more on https://www.peachpayments.com) and no Card details are stored on the website. Users may go to Peach to view their security certificate and security policy..

Customer details separate from card details

Customer details will be stored separately from card details which are entered by the client on Peach Payments secure site. For more details on Peach Payments PayGate refer to https://www.peachpayments.com.

Governing Law

This Agreement and all matters or disputes arising herefrom or incidental hereto shall be governed and construed in accordance with the laws of the Republic of South Africa.

Responsibility

All aspects relating to the transaction including sale of goods and services sold on the website, customer service and support, dispute resolution and delivery of goods remain the responsibility of the Funder and/or Project Owner.

Limitation of Liability

We shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website, the Service and/or unlawful activity on our Website and/or any Third Party website or service.

Disclaimer

The use of our Website and/or the Service are entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the same or reliance on any information on the same. We take reasonable measures to ensure that the content of our Website is accurate and complete, however, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of our Website, the Service or as to the accuracy, completeness or reliability of any information on our Website.

We disclaim liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of our Website, the Service and/or any content of our Website unless otherwise provided by law.

Using our service.

Terms
The Funder/Project Owner hereby agrees to notify and update its milestones as the project progresses in accordance with Public Management Fund Act

The Project Owner hereby warrants that it will use the funds which are given to it by the donors, in terms of the fund raising process, for the identified purposes, and no other. In the event that the funds are not used for that purpose the Project Owner will be liable to refund the funds received by it and utilised for an unauthorised purposed. 

Whilst Chelo will make every reasonable effort to ensure that the funds given by the donors to the Project Owners are employed for the purpose identified, Chelo has no control over the manner in which the Project Owner spends the funds. In the circumstances, Chelo will not be liable for any claims arising from a failure by the Project Funder to spend the funds in accordance with the identified purpose.

Communication
By validating account and/or pulishing projects users agree to get communication from chelo in forms of email, SMS or phone call for updates or any reason to futher the partnership.

Risks of Funding a Project featured on this Site

• Chelo is committed to providing a secure Site for donors/funders to provide support to ethical Projects profiled on this Site.
• Chelo shall ensure that Projects seeking to raise funding through this application do so for Projects which in Chelo’s reasonable opinion will in sum, create positive change in the world.
• The profiling of Projects on this Site should not be taken as endorsement.
• Chelo is in no way responsible for and does not control the activities of Projects. By agreeing to participate in any Project or otherwise using this Site, you understand that Chelo makes no representation or warranty in relation to the activities of Projects and accepts no liability for any loss as a result of a Project’s acts or omissions.
• Prospective funders should be aware that any funds given by donors to Projects will be unsecured. Supporting a Project involves significant risks and funders may not recover all or part of any funds given, therefore Backers should not participate in a Project unless they can readily bear the consequences of such a loss. Chelo does not accept responsibility for the partial or total loss of any funds given to a Project featured on this Site.

Chelo Projects.

• Chelo makes no projections as to the anticipated performance of Projects that appear on this application, some of which may be directly or indirectly related to education.
• The extent to which Projects will be able to achieve their objectives may depend on factors outside their control, for which Chelo does not accept responsibility.
• All projects on www.CheloApp.com are required to reach their Minimum Requirement Funds = 80% of Target goal before their project closes in order to receive all their funds. If their target is not reached, the project is retired and all funds raised are transferred into the school Chelo wallet fo use in future.

Merchant Outlet country and Transaction currency.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Liability for loss of or damage to property and death or personal injury

• Chelo is not responsible for ensuring that activities and events organised by Projects are covered by appropriate insurance. By participating in such activities or events you acknowledge that Chelo is not liable for any loss of or damage to personal property that may occur.
• Notwithstanding any other provision of these Terms, Chelo does not purport to exclude or restrict its liability for fraud or for any death or personal injury which may be caused by its actions..

Links to other sites

• The Site may contain links to websites of other charities and organisations. The links are provided for your convenience only. Chelo does not approve or endorse any third party or its website and takes no responsibility for the content or security of such sites. Chelo accepts no liability for any direct, indirect or consequential loss you may suffer as a result of the use of websites owned or operated by third parties.
• Furthermore, Chelo will not be party to or in any way responsible for any agreement or transaction concluded between you and any such third party website owner or operator.

Variation

Chelo may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This platform is run by Planet Eye (Pty) Ltd, based in South Africa with registration number 2015/000374/07 and 2 Directors.

Chelo contact details

• Company Physical Address: 03 Anfield Village, Forest Drive Extensions, Pinelands, Cape Town
• Email: help@CheloApp.com
• Telephone: +27 73 609 0403

International

Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Electronic Delivery/Notice Policy and Your Consent

By using the Services, you consent to receive from Chelo all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Contract Notices”) electronically. Chelo may provide such electronic Contract Notices by posting them on the Chelo Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Chelo Site and Services.

Integration and Severability

The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.