Refund Policy

EVERMARK COMPANY LIMITED

REFUND POLICY

1.Purpose

This Refund Policy governs the eligibility, calculation, approval, and processing of refunds arising from cancelled plot reservations and land sale transactions conducted by

Evermark CompanyLimited ("Evermark"). This Policy shall be read together with the Evermark Terms and Conditions and Cancellation Policy.


2.Legal Framework

This Policy is governedby and shall be interpreted in accordance with:

a. The Land Act, Cap. 113 [R.E.2023];

b. The Land Registration Act, Cap. 334 [R.E. 2023];

c. The Law of ContractAct, Cap. 345 [R.E. 2023];

d. Any other applicable laws,regulations, and directives of the United Republic of Tanzania.


3.Application Fee

The application fee is charged to facilitate the processing, administration, and evaluation of an application for land acquisition and is non-refundable under

all circumstances, whether or not the Applicant proceeds with plot selection, reservation, or purchase.


4.Refund Eligibility

Refunds may only arise where:

a. A Buyer voluntarily cancel a transaction after making payment towards the purchase price;

b. A transaction is cancelled due to the Buyer's failure to complete payment obligations in accordance with the Terms and Conditions;

c. Evermark cancels a transaction and determines that a refund is appropriate under the circumstances; or

d. A competent court, tribunal, or applicable law requires a refund.


4.Refund Entitlement

Subject to applicable law and the circumstances of cancellation:

a. The Buyer shall be entitled to receive thirty percent (30%) of the total amount paid towards the purchase price;

b. Evermark may retain up to seventy percent(70%) of the total amount paid as agreed liquidated damages representing administrative expenses,

reservation costs, documentation costs, marketing expenses, transaction costs, holding costs, opportunity losses, and other losses reasonably incurred as a result of the cancellation or default.


TheParties acknowledge and agree that the retained amount represents a genuine pre-estimate of loss likely to be suffered by Evermark and is not intended to operate as a penalty.


6.Refunds Following Cancellation by Evermark

Where Evermark cancels a transaction for reasons not attributable to the Buyer, Evermark may approve a refund after assessing the circumstances of the transaction and taking into account:

a. Statutory chargespaid to government authorities;

b. Taxes and regulatory fees;

c. Banking and transaction processing charges;

d. Administrative, documentation, and processing expenses reasonably incurred;

e. Site inspection, reservation, allocation, and transaction costs already incurred; and

f. Any other lawful deductions permitted under applicable laws.


Evermark shall communicate the approved refund amount and the basis of any deductions in writing.


7.Refund Application Process

A Buyer seeking a refund shall submit the following:

a. A written refund request addressed to Evermark;

b. Proof of payment, including official receipts, bank deposit slips, bank transfer confirmations, mobile money transaction receipts/records, or any other acceptable evidence of payment;

c. A valid identification document, including a National Identification Card (NIDA), Passport, Driving Licence, Voter's Identification Card, Zanzibar Resident ID, or any other government-issued identification document;

d. Verified banking details, including the bank name, account name, account number, branch details, or any other approved payment destination;

e. Any additional documents reasonably requested by Evermark for verification purposes.


8.Refund Processing Period

Approved refunds shall be processed within thirty (30) business days following successful verification of all required documentation.


Where additional investigations or verification procedures are necessary, Evermark shall notify the Buyer accordingly and provide

an estimated processing timeline.


9.Method of Refund

All refunds shall be made through official banking channels to an account verified to belong to the Buyer.


Cash refunds shall not be permitted unless otherwise required by applicable law.


10.No Interest Or Consequential Claims

Any amount approved for refund shall be limited strictly to the refund amount determined under this Policy.

The Buyer shall not be entitled to claim:

a. Interest on the refunded amount;

b. Inflation adjustments;

c. Currency exchange losses or gains;

d. Loss of anticipated profitsor investment opportunities;

e. Business interruption losses;

f. Consequential, indirect, incidental, special, or punitive damages arising from the cancellation of the transaction.


This limitation shall apply to the fullest extent permitted by the laws of the United Republic of Tanzania.


11.Limitation Of Liability

To the fullest extent permitted by law, Evermark's liability in relation to any cancelled transaction shall not exceed the amount

refundable under this Policy.


Nothing in this Policy shall limit any statutory rights available to a Buyer under applicable laws.


12.Dispute Resolution

Any dispute arising under or in connection with this Policy shall first be resolved through amicable negotiations between the Parties.


Where a settlement cannot be reached within thirty (30) days from the date of written notification of the dispute, either Party may refer the matter to the courts

of competent jurisdiction in the United Republic of Tanzania.


13.Acceptance

By making any payment to Evermark, the Applicant or Buyer acknowledges that they have read, understood, and accepted this Refund

Policy and agree to be bound by its terms.

Get in Touch

Visit us at our headquarters or send us a message to start your land journey.

+255 719 951 099
+255 767 951 099
info@evermark.co.tz
Dora Tower, Kijitonyama