Terms & Conditions

Who are we?
1. www.charmimpact.com (this “Website”) is a site operated by Charm Impact Ltd. (“us”, “we”, “ours”). We are incorporated in England and Wales (registered company number 11674620) whose registered office is at 23 Milton Drive, Borehamwood, WD6 2BA.
2. To contact us, please email hello@charmimpact.com
These terms and conditions
1. This page explains the rules for visiting and using this website. These rules are our standard terms upon which we intend to rely (our “Terms and Conditions”).
2. By using our website, you accept our Terms of Website use and you agree to comply with them. If you do not agree to our Website Terms of Use, you must not use the website.
3. If you wish to become part of the Charm (and we hope you do), then please read these terms and conditions carefully. For your own benefit and protection you should read our terms and conditions carefully before completing your registration as a member. If you do not understand any of the information then please contact us for further clarity.
4. These terms and conditions refer to our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that provide us to use. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
5. If you are a consumer, please note that these terms and conditions and their subject matter and formation are governed by and construed in accordance with English law. All disputes arising out of or in connection with these terms and conditions shall be exclusively dealt with under the jurisdiction of the courts of England.
6. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. Any dispute or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in the courts of England. The language to be used in any legal proceedings shall be English, unless otherwise agreed between the disputing parties.
Modifications
1. We reserve the right to, from time to time and in our own and absolute discretion, amend these Website Terms of Use. Any amendments to these Website Terms of Use shall be effective immediately after the publication on our Website. Every time you wish to use our Website, please check these Website Terms of Use to ensure you understand the terms that apply at that time. These Website Terms of Use were most recently updated on the date stated on top of this page.
2. We may update and change our Website from time to time to reflect changes to our offering, our user’s needs and our business priorities.
Interruptions, errors & omissions
1. Whilst all reasonable endeavours will be made to ensure the maintenance and availability of this Website, we do not accept liability arising from any interruptions of service or delays that may occur in connection with the Website, or if the Website is not available at any particular time or location.
2. There may be times when our online services are unavailable due to planned maintenance. We will try to inform you in advance of any such suspension through a general notice on the Website but this may not always be practicable.
3. We may vary the specification of this Website from time to time without notice.
Acceptable Use
1. You may use our Website only for lawful purposes. You may not use our Website:
  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. for the purpose of harming or attempting to harm minors in any way;
  4. to send, knowingly receive, upload, download, use or re-use any material which contains any misleading, deceitful, defamatory, obscene, offensive, hateful, sexually explicit material, or material that promotes violence, discrimination or that infringes any copyright, database right or trade mark of any other person;
  5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it.
3. You agree to compensate us against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of the Website in breach of this clause 5. This means you will be responsible for any loss or damage we suffer as a result of such breach.
4. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms of Use, and that they comply with them.
5. Whilst we make all reasonable attempts to exclude viruses from the Website, we do not accept responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using the Website, unless such damage is caused by our failure to use reasonable care and skill. You are strongly recommended to take all appropriate safeguards before using the Website.
Intellectual Property Rights
1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
3. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
4. The use by you of any trade marks, logos and trade names appearing on our Website is strictly prohibited unless you have our prior written permission.
5. You are aware that the Website may also contain content provided by third parties and that such content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other rights covered by law. You agree to abide by and maintain all copyright and other legal notices, information, and restrictions contained in any such content accessed through the Website.
Links to our Website
1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not suggest any form of association, approval or endorsement on our part where none exists.
3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
4. We reserve the right to withdraw linking permission without notice.
5. The website in which you are linking must comply in all respects with the content standards set out in clause 5.
6. If you wish to link to or make any use of content on our site other than that set out above, please contact hello@charmimpact.com
Disclaimer and Liability
1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
3. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
4. This Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
5. Whether you are a consumer or a business user:
  1. we do not exclude or limit in any way our liability to you where it would be unlawful, dishonest or unfair to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law;
  2. if you are a Member who has made an investment via our Website, different limitations and exclusions of liability will apply to liability arising as a result of the provision of services by us, which are set out in our Terms of Service
6. If you are a business user:
  1. we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it;
  2. we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use our website or use of or reliance on any contentdisplayed on our website
  3. In particular we will not be liable for: loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; any indirect or consequential loss or damage. Rules that apply to members (Terms of Service)
Terminology used in these Terms of Service
1. In addition to any terms previously mentioned in these terms and conditions the following terminology shall apply for the purpose of these Terms of Service: Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are openfor business.
  Campaign: a loan given to an Impact Entrepreneur listed on the website on the Campaign Page by an Impact Entrepreneur seeking investment from members
  Campaign Page: refers to the page on the website that provided information relevant to a specific Campaign
  Conditions: the conditions set out in as from time to time amended and Condition shall be construed accordingly
  Directors: the board of directors of the Company for the time being.
  Group: the Company and any subsidiary or holding company from time to time of the Company, and any subsidiary from time to time of the Company's holding company (and the expression member of the Group: shall be construed accordingly).
  Impact Entrepreneur: A company which is seeking to raise investment through Charm Impact.
  Investment: the purchase by a member of a loan note issued by an Impact Entrepreneur on the terms set out on the website and the relevant Loan Note Instrument and the words invest and invested shall be construed accordingly
  Investor: refers to any member who has invested in a Campaign
  Loan Note Instrument: refers to the agreement entered into by an investor and an Impact Entrepreneur when investing in a Campaign.
  Loan Note(s) or Loan Note Certificate(s): refers to the loan notes that investors purchase by investing in a Campaign with an Impact Entrepreneur
  Noteholder: each person for the time being entered in the Register as a holder of any Loan Notes.
  Party or Parties; refers to the parties to this agreement, being you and us.
  Payment provider; refers to Lemon Way the payment solutions provider which operates the systems allowing for payments to be made between you and the Impact Entrepreneur via an e-wallet provided to you by Lemon Way. LemonWay is a Limited Joint-Stock company registered in France with registered office at 14 rue de la Beaune – 93100 Montreuil-sous-Bois, France. Lemon Way is an Accredited Payment Institution regulated by ACPR Banque de France, located at 61 Rue Taitbout, 75009 Paris. CIB: 16568.
  Register: the register of Noteholders kept and maintained by the Company
  Repayment Date: each date set out in paragraph 1.1 of Schedule 2.
  Services: all services provided by us on the Website
  Sterling or GBP: the lawful currency of the United Kingdom.
  USD or $: the lawful currency of the United States of America.
These Terms of Service
1. These Terms of Service set out the rules on which we provide Services to our Members in connection with investment opportunities available on our Website. By submitting your membership application you agree to be bound by and comply with these Terms of Service which will govern the agreement between you and us.
2. We reserve the right to, from time to time and in our own and absolute discretion, revise these Terms of Service from time to time. Any revised Website Terms of Use shall be effective immediately after the publication on our Website. If we should revise these Terms of Service in a way that affects the Service or these Terms of Service materially, we will give you at least five (5) days’ notice by email of such changes to these Terms of Service before they take effect. You can choose to terminate your membership if you disagree with such changes.
The Services
1. Through our Website, we give our Members the opportunity to invest money in upcoming Campaigns run by Impact Entrepreneurs by way of Loan Notes issued by the Impact Entrepreneur. Our Website provides information about the Campaigns and a means for Investors to transfer funds to an Impact Entrepreneur to fund a Campaign.
2. We carry out checks on each Impact Entrepreneur to comply with our regulatory obligations, including using reasonable endeavours to ensure that the information provided by an Impact Entrepreneur, which appears on the Website is accurate. However, you should ensure that you have fully considered the information available on our Website about a Campaign, and if you are unsure of any point, you should contact us for clarification.
3. We also carry out administrative functions one behalf of the members and Impact Entrepreneurs including
  1. facilitating the relevant parties entering into an Investment and any related documentation;
  2. providing information to both Members and Impact Entrepreneurs;
  3. providing administrative functions in relation to the operation of the Investment and transfer of funds between Investors and the Impact Entrepreneur, including by liaising with and providing instructions to the Payment Provider; and
  4. acting as intermediary for all necessary communications between Investors and Impact Entrepreneurs.
Membership
1. You must become a Member to invest through our Website. Anyone over the age of 18 may register to be a Member.
2. By submitting your registration to become a Member, you represent and warrant that:
  1. if you are an individual, you are at least 18 years old and you have capacity in your jurisdiction to form a binding contract. We reserve the right to ask for proof of age from you and your account may be suspended until such proof of age has been provided;
  2. if you act on behalf of an entity, you warrant that you have appropriate legal authority to enter into this and other legal agreements and act on behalf of that entity. The entity will be bound by these Terms of Service and all your actions at the Website will be interpreted as actions taken by the entity;
  3. all information about you or the entity you provide to us during the registration process and at any time thereafter is up to date, accurate, true and complete. You shall, as long as you (or the entity you represent) are a Member, keep the information about you (or the registered entity) up to date and complete at all times
3. We reserve the right, in our sole discretion, to refuse to accept a person or entity as a Member.
4. Upon registration as a Member, you may be provided with (or you may provide to us) a user identification code, password or any other piece of information as part of our security procedures. You must treat all your identification information as confidential. You must not disclose it to any party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
5. You are also fully responsible for any activities that take place under your account. You shall not authorise any third party to use your account credentials. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@charmimpact.com and reset your password as soon as reasonably practicable. We will not be liable for any loss, damage or other liability arising from your failure to comply with this clause. We reserve the right not to act on your instructions if we reasonably suspect that the person logged into your account is not you or if we suspect unauthorised use or fraudulent activity.
Payments
1. Upon successful registration as a Member, you will be asked to open a digital wallet with the Payment Provider (the “e-wallet”). You will also be required to provide your valid debit or credit card details to the Payment Provider and put sufficient amounts of funds into your e-wallet to enable you to make your chosen Investment(s). The e-wallet will enable you to upload and retrieve funds from and to your bank accounts. Members are responsible for complying with all rules, policies and procedures of the Payment Provider, which can be found here https://www.lemonway.com/terms-of-service/.
2. All payments on Charm Impact are made in Sterling (GBP). If you wish to use currency other than Sterling your debit or credit card provider may charge you a fee for converting your currency into Sterling when you upload funds into your e-wallet.
3. If a Campaign in which you invested in is successful, any funds from your Investment and interest received from the Impact Entrepreneur in accordance with the Loan Note Instrument will be credited to your account in your e-wallet.
Investing in Campaigns
1. Members may invest in Campaigns by purchasing Loan Notes issued by Charm Impact. The Investments are made directly in Charm Impact. Charm Impact has the right to on-lend based on a Loan Note issued by the Impact Entrepreneur that incorporates their fees.
2. By submitting your application via our Website to invest in a Campaign you are agreeing to purchase the Loan Notes offered on the terms set out in the Loan Note Instrument. You should ensure that you read the Campaign Page and the Loan Note Instrument carefully before you submit your application to invest. In the event of a conflict between these Terms of Service (or other terms of our terms and conditions) and the Loan Note Instrument, the Loan Note Instrument shall take precedence.
3. Each Loan Note will be worth a fixed amount (for example £250), as set out on the Campaign Page and in the Loan Note Instrument, and will bear interest at the rate set out on the Campaign Page and the Loan Note Instrument.
4. The Campaign Page and the Loan Note Instrument will specify the total amount of funds that the Impact Entrepreneur is seeking in respect of particular Campaign (Total Amount) and the minimum amount that is required for the offer to proceed (Minimum Amount).
5. Subject to your right to cancel, once you have confirmed you would like to invest, the funds in your e-wallet that you have chosen to use for that Investment will be reserved for that Investment, and you will not be able to use those funds for another purpose.
6. If the Minimum Amount is not achieved by the date specified on the Campaign Page as the closing date for the offer (“Closing Date”) or such date as extended by Charm Impact, the offer will not complete, and the reservation of funds under clause 14.e will be removed
7. The offer will close to further Investments on the earlier of either (i) the date that the Total Amount is achieved; or (ii) the Closing Date. Where you wish to invest an amount that would take the offer past the Total Amount, your application to invest will be reduced to the amount required to stay within the Total Amount. Applications to invest are treated on a “first come first served basis”.
8. If the offer reaches or exceeds the Minimum Amount by the Closing Date, it will complete. Charm Impact will then issue each Investor the Loan Notes they have applied for on the date specified on the Campaign Page and the Loan Note Instrument (the Issue Date).
9. We will send each Investor a confirmation email within one Business Day from:
  1. the date the Investor confirms his/her instruction to invest; and
  2. the Issue Date.
10. You acknowledge that we will not supply further confirmations of any orders, and or resulting transactions, and that the confirmation emails under clause 14.i shall be sufficient and adequate reporting of the service of arranging the reception and transmission of orders and the arranging of resulting transactions, and you hereby consent to the same.
11. Charm Impact will provide each Investor with a Loan Note certificate, available electronically via the Website or via email, which will confirm how many Loan Notes each Investor has purchased. Investors are responsible for keeping their Loan Notes certificates in a safe place.
12. The funds allocated to an Investment by you will remain in your e-wallet under the control of the Payment Provider until the Issue Date, and they will be reserved for that particular Investment. This means that you will not be able to withdraw such funds from your digital wallet during such a reservation period (unless the right of cancellation applies). If the offer completes, Charm Impact will instruct the Payment Provider to transfer such funds to the Impact Entrepreneur.
13. If the Minimum Amount is not achieved by the Closing Date (or such date as may be extended by Charm Impact), the funds will remain in your e-wallet, the reservation of funds under clause 14.e will be removed and the funds will be available for Investment in another Campaign or to be returned to your bank account.
14. We reserve the right, at our sole discretion and without obligation to explain our reasons for doing so, to refuse a Member’s application to invest.
15. The Loan Note Instrument requires that the Impact Entrepreneur may only use Investor’s funds in connection with the specific Campaign, for the purposes set out on the relevant Campaign Page.
16. An Investor’s financial returns are fully dependent upon the success of the specific Campaign and the Impact Entrepreneur. By applying to invest in the Impact Entrepreneur by purchasing Loan Notes from Charm Impact, you declare that you understand:
  1. the risks involved in the Investment, which are described on the Campaign Page;
  2. that neither Charm Impact nor the Impact Entrepreneur guarantee any repayment of the invested amount or payment of interest on the invested amount; and
  3. that current and/or future tax legislations might affect your financial position.
Information on your investment
1. The Impact Entrepreneur is required to provide certain information about the Campaign during the life of the Campaign, including its social benefits and financial performance. The information that the Impact Entrepreneur must provide will be made available on the Campaign Page or via email. We will update the Campaign Page promptly upon receipt of such information from the Impact Entrepreneur. It is the responsibility of Investors to check the Campaign Page to ensure they are up to date with the information provided on the Campaign Page.
2. We may, at our absolute discretion, alert Investors (for example via email) to new information available on the Campaign Page. This may include information that describes a change to the nature of the Campaign or the financial returns that the Campaign can provide.
Acting on behalf of investors
1. The Loan Note Instrument allows Investors to collectively make decisions on certain matters that relate to their Investment. For example, if the Impact Entrepreneur breaches one of the conditions of the Loan Note Instrument, the Investors may decide to demand early repayment of the Loan Notes, together with interest.
2. The Investors have authorised us to represent them in relation to the Impact Entrepreneur, including but not limited to, acting on behalf of and in the best interests of the Investors, to:
  1. monitor the Impact Entrepreneur’s compliance with the obligations under the Loan Note Instrument;
  2. communicate and negotiate with the Impact Entrepreneur due to a breach in the obligations set out in the Loan Note Instrument or enforce other actions from the Impact Entrepreneur (including but not limited to debt collection or when applicable instruct a debt collector service agency to perform the debt collection)
3. Where the Impact Entrepreneur has (including any grace period contained within the Loan Note Instrument) (i) failed to pay any outstanding amount due on the Loan Notes for a period of up to 6 months, or (ii) has failed to perform or comply with any other obligations under the Loan Note Instrument or in connection with the Loan Notes for a period of up to 6 months, you acknowledge and agree that we are authorised (but not obliged) by you to communicate and negotiate directly with the Impact Entrepreneur, and amend and/or waive any provisions of the Loan Note relating to such breach (our “Authorisation”) (including, but not limited to, a decision to demand full or partial repayment or forgive of any sum due and payable under the Loan Notes or any enforcement or acceleration or extension of all or part of the Loan Notes in accordance with the terms of the Loan Note Instrument).
4. We will act on behalf of all Investors with respect to any Authorisation, and will act in a way that we believe is in the best interests of all Investors and Impact Entrepreneurs. We may, but shall not be obliged to, seek instructions and/or clarifications from Investors at any time in relation to any Authorisation, and shall not be bound by any instructions and/or clarifications from Investors.
5. If we receive information from the Impact Entrepreneur that the Impact Entrepreneur has, or may have (in our reasonable opinion), committed a breach of the Loan Note Instrument, we may (but shall not be obliged to): alert Investors of this fact, update the Investors of developments in relation to such potential or actual breach, take steps with the Impact Entrepreneur in accordance with the terms of the Loan Note Instrument
Risks
1. The specific risks of each Campaign will be described on the Campaign Page, but it is important that you understand the following general risks about Investments via our Website:
  1. Loss of capital and interest: If an Impact Entrepreneur performs poorly or fails altogether, you may lose part or all of your Investment and you may not receive the interest payments described on the Campaign Page. You should not invest more money than you can afford to lose. Any investment can fail, so it is important to ensure that you do not invest more money than you can afford to lose. This applies to all investments you make, whether via our Website or via other investment opportunities. You may wish to diversify across a range of campaigns and opportunities, rather than concentrate on one investment opportunity, to reduce the impact in the event any of those investments fails.
  2. Illiquidity: Loan Note purchases are non-transferable and are therefore completely illiquid.
Charm Impact’s Fees
1. We do not charge fees to Investors. However, Investors may be subject to other costs and/or fees in connection with the Loan Notes, including costs associated with taxes payable in any jurisdiction, which might not be paid via our Website or imposed by us.
2. We collect a one-time fee from the Impact Entrepreneurs that is added to their loan and raised via the crowd. This one time fee is generally set at 4% (but can be changed by Charm in its absolute and own discretion) for every 12 months over the project duration, of the total amount of funds raised for the Campaign through our Website and is paid at the same time as the Impact Entrepreneur receives the funds raised from Investors after an offer completes.
3. We collect interest on the same terms as investors for any portion of the loan that is derived from a donation as opposed to from an investor
Collecting of personal data and record keeping
1. We will keep records relating to your Investments and other activities on the Website for not less than 5 years from the date of such activity.
2. We are committed to protecting the privacy of our Members and by agreeing to these Terms of Service you also agree to the terms of our Privacy Policy, which sets out how we use your personal information and your rights regarding that information
3. You hereby acknowledge and agree that, due to the nature of the Investments, which may be located outside the EEA, we may be required to transfer your personal data to an Impact Entrepreneur (and/or other third parties) located outside the European Economic Area in order to process your Investments. You should read our Privacy Policy carefully to understand our practices in relation to your personal data and how we will treat it.
Liability
1. Nothing in these Terms of Service shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) breach of any terms implied by law or any other liability which cannot be limited or excluded by applicable law, including any regulatory obligations
2. If you are a consumer, if we fail to comply with these Terms of Service, we will be liable for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Service or our failing to use reasonable care and skill, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
3. If you are a business: we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of 16 Service or otherwise in connection with your Investments, for: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of use or corruption of software, data or information; (f) loss of damage to goodwill; (g) any indirect or consequential loss; and our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms of Service or the performance of our obligations under these Terms of Service shall be limited to the total amount of Investment to which such claim relates.
Your right to cancel and termination
1. A Member may cancel their membership within 14 days of registration as a Member (the “Cancellation Period”), in which case we will instruct the Payment Provider to return any funds in the Member’s e-wallet to the bank account they have nominated or the credit card or debit card they used to upload their funds. Where a Member wishes to cancel their membership during the Cancellation Period but they have already confirmed their instruction to invest in an Impact Entrepreneur, the reservation that applies to the funds they wish to invest will be lifted when they inform us of their wish to cancel and those funds will be returned to them as above.
2. Cancellation of Membership after the Cancellation Period:
  1. if you have not invested in an Impact Entrepreneur and have no investment applications pending, please notify us in writing and we will arrange for your membership to be cancelled and your funds returned to you by the Payment Provider;
  2. if you have invested in a Campaign (and this includes any pending investment applications where the offer(s) complete after the date you cancel your membership), you will not be eligible for a refund of the amount invested as a result of cancelling your membership;
  3. if you have a pending investment application on the date when you submit your membership cancellation request and the offer does not complete, we will arrange for your membership to be cancelled and your funds returned to you by the Payment Provider
3. If you are unable to receive a refund, we will continue to provide the Services to you in relation to that Investment until the end of that Investment.
4. We may in our sole discretion and without limiting our other rights or remedies, terminate your membership with immediate effect if:
  1. you breach these Terms;
  2. you breach the Loan Note Instrument;
  3. we believe that there is a significantly increased risk that you may not be able to fulfil your duties in line with the Loan Note Instrument and this includes situations such as insolvency or you going bankrupt or having similar proceedings taken against you, if any of the information you gave us when you applied to become a Member is found or suspected to be to be untrue; or iv. there has been no activity on your account for a period of 24 consecutive months and you are not a party to a Loan Note Instrument that is still in force.
5. On termination of your Membership for any reason: the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of these Terms of Service which existed at or before the date of termination or expiry; and clauses which expressly or by implication survive termination shall continue in full force and effect.
Communication
1. You agree to receive all communications from us, including but not limited to, notices, agreements, legally required disclosures and other information in connection with the Website and/or these Terms electronically to the email address you specify when registering as a Member. We are entitled to provide electronic communication to you by posting the information on the Website.
2. All communications with, to or from us shall be in the English language
Queries, complaints and dispute resolution
1. Should an Investor have any complaints or queries about the services provided by us or these Terms, they should contact us by writing to hello@charmimpact.com
General
1. We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Service.
4. Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.