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INTRODUCTION

These are the general terms and conditions (“terms and conditions”) of use of the website.

Please read the following terms and conditions very carefully, as your use of this website (the “Site”) is subject to your acceptance of and compliance with these terms and conditions insofar as they relate to this specific website. These terms and conditions apply to both –

These terms and conditions are to be read with the Privacy Policy (set out below) and any other policies, rules, disclaimers or terms and conditions which may be published from time to time and/or published on the Site (all of which are included in the definition of “terms and conditions”). By accessing and/or using the Site, you acknowledge that you have read, understood and accepted these terms and conditions. If you do not agree with all these terms and conditions, in their entirety, or if you do not wish to be bound by these terms and conditions, you may not access, copy or download any content on the Site and you are not entitled to use the Site.

Further to the aforementioned, the proprietors may, in their sole and absolute discretion, amend these terms and conditions from time to time.

Reference to the proprietors in these terms and conditions shall be deemed to be a reference to the relevant legal entity which operates the website concerned.

SUBMISSION OF CONTENT AND USE OF THE SITE

You agree to use the Site for lawful purposes only. Should you choose to access or use the Site from locations other than the Republic of Namibia, you do so at your own initiative and you are responsible for compliance with applicable laws. You are prohibited from submitting, by means of reviews, comments, suggestions, ideas, questions, advertisements, promotional material, directory listings or any other information through the Site, or in any other manner, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable, including but not limited to –

Although the proprietors do not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these terms and conditions or harmful in anyway whatsoever.

You agree that in using the Site in any way, and/or in any content you provide to the proprietors, you will not-

At any time, without notice, for any or no reason, the proprietors reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate transactions

Should you breach this clause or any other clause in these terms and conditions, the proprietors may immediately terminate and/or suspend your access to all or parts of the Site, without any notice to you, and you may be held liable to criminal or civil prosecution.

In using the Site, you warrant that –

By submitting reviews, comments, advertising, directory and event information and/or any other content (other than information protected by the Protection of Personal Information Act) to the proprietors for posting on the Site, you automatically grant the proprietors a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Notwithstanding the aforementioned, you retain any and all rights that may exist in such content.

You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full responsibility for all activities that occur under your User Name.

Some of the services offered on the Site, specifically those relating to subscribing to any of the proprietors publications, and participating in e-commerce activities and the purchase and driving of vehicles are only available to persons 18 years or older. By registering with the proprietors for such services, you warrant that you are 18 years or older.

THE USE OF THIRD PARTY CONTENT

The proprietors hosts information, pricing, opinions, advertising, directory services, event information, property inventory, vehicle inventory and other content supplied by third parties ("Third Party Content") on the Site. The proprietors have no editorial or other control, over such content.

Opinions, statements, offers or any other information that may constitute Third Party Content, belong to the respective third party and not to the proprietors. The proprietors do not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by the proprietors by the applicable third party. Any Third Party Content should not be construed as an express or implied endorsement by the proprietors unless otherwise expressly stated. You use Third Party Content at your own risk.

It is your responsibility to evaluate Third Party Content available on and through the Site. The proprietors are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all reasonable steps to ensure and verify the accuracy of such content.

In addition to the aforementioned, the proprietors are not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, the proprietors are not liable for any products, purchased by you due to your reliance on the Third Party Content, which are not ‘safe, good quality goods’ in terms of the Consumer Protection Act. The proprietors do, however, provide the contact details of all third party suppliers on the Site. You may contact the third party suppliers by using such contact details in such an event.

The proprietors do not review (nor is it under any obligation to do so) or control any third party website that links to or from the Site. The proprietors are not responsible for the content of any third party website linked to or from the Site. The third party websites are provided solely for your convenience. Any information, endorsements of products or services, materials or personal opinions appearing on a third party website should not be construed as an express or implied endorsement by the proprietors unless otherwise expressly stated. You use third party websites at your own risk.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contain links or other references to another online location that contains material or activity that infringes your copyright, please contact the proprietors.

PURCHASES OR OTHER SUBSCRIPTIONS

PROPERTY LISTINGS

The proprietors provide the Site for the convenience of buyers, sellers, tenants, investors and users interested in immovable property, and collects content in the form of advertisements from private sellers, subscribing estate agents, letting agents, developers as well as related parties, to display properties they are marketing. The proprietors are not themselves estate agents.

Further to the provisions above, the details of the properties available on the relevant website are provided to the proprietors by third parties, private sellers and the proprietors affiliated estate agents, for your information only. The proprietors cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions apply mutatis mutandis.

VEHICLE LISTINGS

The proprietors provide the Site for the convenience of hirers, buyers, sellers, dealers, owners, traders and investors and users interested in auto and vehicle related contents, and collects content in the form of advertisements from private sellers, subscribing auto dealers and traders and third party websites, as well as related parties, to display vehicles and auto products they are marketing, trading, hiring and dealing in. The proprietors are not themselves auto hirers, dealers or traders.

All of the information contained on this Site is provided to you for information purposes only and does not in any way constitute advice or an offer to hire, buy or sell any vehicle. You should not use or rely on any of the information on this site, including without limitation any calculations of prices, taxes, finance rates and valuations, as a substitute for the information that is available to you from the seller. If any of the information on the Site does not correspond with the information given by the Seller, you must always rely on the Seller's information instead of the information on the Site.

If you wish to hire, buy or sell a vehicle we will assist you to get in touch with the seller of the vehicle. If you decide to hire, buy or sell a vehicle please confirm that the details indicated on this Site are correct with the hirer/seller/buyer of the vehicle.

All information, pictures, colours, specifications or any other data contained within the Site in relation to new vehicles are presented only as a general guide to products and accessories offered by motor manufacturers. Although every effort has been made to ensure that all such information is correct and up to date, no guarantee is provided that all such information is reliable, complete, accurate or without error. In some cases pictures of various foreign models may be shown as a guide. All information should be verified by an official dealership.

Many of the vehicles displayed by this Website are used or second hand. These vehicles are typically hired or sold "as is". Please ask the Seller to detail all the defects that the seller is aware of in the vehicle before you hire or buy it.

Further to the provisions above, the details of the vehicle and auto products available on the website are provided to the proprietors by third parties, private sellers and auto dealers and traders, for your information only. The proprietors cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions apply mutatis mutandis.

ALL OTHER LISTINGS

The proprietors provide the Site for the convenience of hirers, buyers, sellers, dealers, owners, traders and investors and users interested in all other related contents, and collects content in the form of advertisements from private hirers and sellers, subscribing dealers and traders and third party websites, as well as related parties, to display goods, equipment, various products and services they are marketing, trading, hiring and dealing in. The proprietors are not themselves hirers, dealers or traders.

All of the information contained on this Site is provided to you for information purposes only and does not in any way constitute advice or an offer to hire, buy or sell any itme. You should not use or rely on any of the information on this site, including without limitation any calculations of prices, taxes, insurances, finance rates and valuations, as a substitute for the information that is available to you from the hirer/seller. If any of the information on the Site does not correspond with the information given by the Hirer/ Seller, you must always rely on the Hirer/Seller's information instead of the information on the Site.

If you wish to hire, buy or sell an item we will assist you to get in touch with the hirer/seller of the item. If you decide to hire, buy or sell an item please confirm that the details indicated on this Site are correct with the hirer/seller/buyer of the item.

Many of the items displayed by this Website are used or second hand. These items are typically hired or sold "as is". Please ask the Seller to detail all the defects that the seller is aware of in the item before you hire or buy it.

Further to the provisions above, the details of the items and services available on the website are provided to the proprietors by third parties, private hirers/sellers, dealers and traders, for your information only. The proprietors cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions apply mutatis mutandis.

Your safety while you are on our site is just as important to us as it is to you. Although we're only a platform that facilitates transactions between people, we have multiple measures to such as the verified hirer/sellers icons, warning messages on our lead emails and moderators working hard every day to prevent fraud on our platform.

Fortunately, very few scams make it through our extensive safeguards. However should you think you have fallen victim to a scheme, we will actively work with the police to help solve cases.

So, if you have experienced fraud, please follow these steps:

  1. Report the scammer or the ad to us, We will investigate it straight away.
  2. Open a case with your local police.
  3. Ask them to subpoena us so that we can release any information we have on the scammer to them that could help the case, e.g. IP addresses, login details, etc.

CHARGES

Using the proprietors websites is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your advertisement.

Our fees are quoted in Namibian dollars, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not pay, we may limit your ability to use the services. We reserve the right to recover unpaid fees from you.

VOUCHERS AND COUPONS

You may use promotional coupons as payment for regular priced products on the Site.

We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.

If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift/promotional coupon purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of gift or promotional coupons.

Conditions for the redemption of promotional coupons are as follows-

ADVERTISING

You agree, upon requesting any Display or Classified Advertising space, that in the event of failure to publish an advertisement or publication of an incorrect advertisement, the liability of the proprietors shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only (as the case may be), and that there shall be no liability in any event beyond the amount paid for such advertisement.

The proprietors shall not be liable for slight changes or typographical errors that do not lessen the value of an advertisement.

The proprietors cannot be responsible for errors after the first day of publication of any advertisement. Notice of errors on the first day should immediately be called to the attention of Caxton.

INTELLECTUAL PROPERTY RIGHTS

All content included on the Site by the proprietors, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of the proprietors or its content suppliers and is protected by Namibian and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the proprietors and is protected by Namibian and international copyright laws.

None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the proprietors or the copyright owner, except as permitted by the fair use exception or other similar provisions under the Namibian copyright laws or without the prior written permission of the proprietors or the copyright owner. © Copyright reserved in all content.

You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of the proprietors.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray the proprietors, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the proprietors logo or other proprietary graphic or trademark as part of the link without the express permission of the proprietors or its content suppliers.

All trademarks are the exclusive property of the proprietors.

The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages.

LIMITATION OF LIABILITY

The information, content, services, products and materials published on the Site, including without limitation, any texts, graphics and links are provided on an "as is" basis. The proprietors make no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing –

To the full extent permissible by applicable law, the proprietors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The proprietors will not be liable for any damages of any kind arising from the use of the Site or your reliance on any information on the Site, or the products and services offered through the Site from third parties or a linked site, or user's reliance on any product or service obtained from a third party or a linked site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Use of this site is at the user's sole risk.

No advice or information, whether oral or written, obtained by you from the proprietors or its services shall create any warranty

If you make unlawful use of this Site and as a result of this a third party sues or has a claim against us, you will indemnify and hold us harmless against that claim. This means that you will become a party to that claim and will have to pay it if the claim is successful. Unlawful use includes without limitation, any act in breach of the terms and conditions.

JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Namibia without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of Namibia in respect of any disputes arising in connection with the Site.

TERMINATION

The proprietors may terminate your account at any time for any reason, including any improper use of the Site or your failure to comply with these terms and conditions.

Such termination shall not affect any right to relief to which the proprietors may be entitled.

Upon termination of these terms and conditions, all rights granted to you will terminate and revert to the proprietors.

OTHER PROVISIONS AND APPLICATION OF THE ECT ACT

In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.

These terms and conditions, including any documents referenced herein, represent the entire agreement between you and the proprietors regarding your relationship with the proprietors and the use of the Site and supersedes any prior statements or representations.

When you visit the site or send the proprietors e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The proprietors may at any time modify these terms and conditions and your continued use of the Site will be conditional upon the terms and conditions in force at the time of your use. Changes shall automatically be effective upon posting on the site. Your continued use of the service provided by the Site shall signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest terms and conditions will be posted on the Site, and you should always review them prior to using the site.

Data Messages (as defined in the ECT Act) will be deemed to have been received by the proprietors if and when the proprietors responds to the Data Messages.

Data Messages sent by the proprietors to you will be deemed to have been received by you in terms of the provisions specified in the ECT Act.

You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and the proprietors.

You warrant that Data Messages sent to the proprietors by you from any electronic device, used by you from time to time, or owned by you, were sent by you and/or were personally authorised.

Subject to the Regulation of Interception of Communications Act, you agree that we may intercept, block, read, delete, disclose and use all communications between you and us, our employees, directors and/or agents. You agree that this consent satisfies the requirements of ECT Act for consent in "writing". You also understand that communications by means of email and the Internet are inherently unsecure unless encrypted and can be intercepted. We cannot be responsible if a third party intercepts communications to or from us and this causes damage to you. Please use caution when communicating in this way.

To the extent that we are required under ECT Act to provide you with additional details for the purposes of undertaking electronic transactions on the Site, this information will be separately provided in the relevant sections of the Site.

GENERAL

The terms and conditions constitute the complete and exclusive statement of the agreement between you and the proprietors. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the terms and conditions. If there is any conflict between an oral or written representation of any the proprietors employees or agents and the terms and conditions (other than modifications to the terms and conditions executed in writing by the proprietors), the terms and conditions will prevail. These terms and conditions, related agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site.

The proprietors’ failure to exercise or enforce any of the terms and conditions shall not constitute a waiver of the proprietors’ right to exercise or enforce the terms and conditions as to the same or another instance. Headings in these terms and conditions and related agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the terms and conditions. The proprietors shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the proprietors.

You agree that the proprietors may assign the terms and conditions to any other entity of its choosing, with or without notice to you. You may not assign the terms and conditions to any other party.

PLEASE NOTE: THE CONTENTS OF THIS WEBSITE ARE PROPRIETARY TO THE PROPRIETORS AND MAY NOT BE COPIED, REPRODUCED OR OTHERWISE UTILISED IN ANY MANNER WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF THE PROPRIETORS.