Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TheNamelessTree ("Company," "we," "our," or "us") regarding your access to and use of our website thenamelesstree.africa and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. We recommend that you print a copy of these Terms for future reference.

2. Our Services

TheNamelessTree operates as a holding company that nurtures transformative technology ventures across Africa. Our website provides information about:

• Our company, mission, and values
• Our ecosystem of subsidiary ventures, including Shamwari blockchain platform
• Investment and partnership opportunities
• Contact and inquiry services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age or the age of legal majority in your jurisdiction.
• You have the legal capacity to enter into these Terms.
• You are not barred from using the Services under applicable law.
• If you are using the Services on behalf of an organization, you have authority to bind that organization to these Terms.

4. User Accounts and Registration

While general browsing does not require registration, certain features (such as contact forms) may require you to provide accurate, current, and complete information. You agree to:

• Maintain the accuracy of your information.
• Keep any account credentials confidential.
• Notify us immediately of unauthorized access or security breaches.
• Accept responsibility for all activities under your account.

5. Prohibited Conduct

You agree not to use our Services to:

• Violate any applicable local, national, or international law or regulation.
• Infringe upon intellectual property rights of others.
• Transmit harmful code, malware, or engage in hacking activities.
• Impersonate any person or entity or misrepresent your affiliation.
• Collect or harvest personal data of other users without consent.
• Engage in fraudulent, deceptive, or misleading activities.
• Interfere with or disrupt the integrity or performance of our Services.

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions.

6. Intellectual Property Rights

6.1 Our Content

All content on our website, including text, graphics, logos, images, audio clips, software, and code, is the property of TheNamelessTree or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or exploit any content without our express written permission.

6.2 Trademarks

TheNamelessTree, Shamwari, Totem Exchange, and associated logos and taglines are trademarks of TheNamelessTree. You may not use these trademarks without prior written consent.

6.3 User Submissions

By submitting content through our contact forms or other channels, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such content for the purpose of responding to your inquiry and improving our Services.

7. Disclaimers

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• THAT ANY INFORMATION OBTAINED THROUGH OUR SERVICES IS ACCURATE OR RELIABLE.
• THAT DEFECTS WILL BE CORRECTED.

Any reliance you place on information from our Services is strictly at your own risk. We are not responsible for any investment decisions made based on information provided on our website.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THENAMELESSTREE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES.
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

Our total liability to you for all claims arising from or relating to these Terms or your use of the Services shall not exceed the amount you paid us (if any) during the twelve (12) months immediately preceding the event giving rise to liability, or USD $100, whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless TheNamelessTree and its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Services.
• Your violation of any rights of another party.
• Your violation of any applicable laws or regulations.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. However, if you are a consumer resident in the European Economic Area, you may also benefit from mandatory provisions of the law of the country in which you are resident.

11. Dispute Resolution

11.1 Informal Resolution

Before filing any claim against us, you agree to try to resolve the dispute informally by contacting us at legal@thenamelesstree.africa. We'll try to resolve the dispute informally within 30 days.

11.2 Arbitration

If informal resolution fails, any dispute arising from these Terms shall be finally resolved by binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted in English in Johannesburg, South Africa.

11.3 Class Action Waiver

You agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

14. Contact Us

If you have any questions about these Terms, please contact us:

Email: legal@thenamelesstree.africa

General: hello@thenamelesstree.africa