Platform Terms & Conditions
NamVendors welcomes you to a world of possibilities, where opportunities are endless! We are dedicated to helping you achieve your goals. To make your experience smooth and enjoyable for everyone -shoppers, vendors, and our team- we have a few simple guidelines.
These Terms and Conditions govern your use of our website and the purchase of products from our marketplace. By visiting, accessing or using our website and/ or purchasing products, you agree to comply with and be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. You may be able to view the majority of this website without to register with us. You may only access some parts of this website if you register. If you do not agree to these Terms and Conditions, please do not use our website. Please read them carefully.
1. Terms of Use
NamVendors is a multi-vendor e-commerce marketplace which provides an innovative digital platform to connect approved entrepreneurs, businesses, and service providers (“Vendor(s)” of unique goods and services to consumers (“Buyer(s)”) in search of these unique goods and services. The platform is designed to streamline business-to-business-to consumer-interactions. The Website is accessible at www.namvendors.com (“the NamVendors Website”).
1.1 The NamVendors Website is owned and operated by Fusiondepot Trading (CC).
1.2 NamVendors terms and conditions which are contained in this Agreement direct the registration and use of the Website by Vendor (Re-sellers), Buyers and Visitors which Terms and Conditions are binding and enforceable (“Agreement”).
1.3 For purposes of this Terms and Conditions, “you” and “your” refer to the user of the NamVendors service. This includes, without limitation:
1.3.1 Vendors (sellers)
1.3.2 Customers (buyers)
1.3.3 Website visitors
1.3.4 Or Any other individual whose information NamVendors collects or processes in connection with these Terms
1.4 By registering on the Website as either a Vendor (Re-seller) or Buyer you acknowledge that you have read, understood, accepted and agreed to the Terms and Conditions and are therefore bound by them.
1.5 NamVendors may, in its sole discretion, modify and/or revise these Terms and Conditions at any time. Because these Terms and Conditions are binding to you, you should visit this Website from time to time to review them.
2. Products
2.1 We offer fashion wear, electronics, hair products, perfumes and many more. The images of the products on our website are for illustrative purposes only. We have made every effort to display the colour accurately; however, we cannot guarantee that your device’s display of the colours will be accurate.
2.2 All products are subject to availability. We reserve the right to discontinue any product at any time without notice.
3. Use of the NamVendors Website
3.1 User must be 18+
3.2 Provide accurate information
3.3 You may not use any NamVendors service in any way that causes or is likely to cause disruption, damage, or impairment to any NamVendors service or any access to them.
3.4 Additionally, you may not misuse, hack, or manipulate the platform, use the service for fraudulent purposes, in connection with a criminal offense or other unlawful activity, or to cause annoyance, inconvenience, or anxiety.
If you violate any applicable laws, these conditions of Use, or any other relevant terms and conditions, guidelines or policies, we retain the right to deny service, suspend, ban, terminate, cancel accounts, delete or modify material or take appropriate legal action.
In using the NamVendors Website, you must not:
3.5 Illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute any software or other data relating to the NamVendors Website;
3.6 Alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect NamVendors files, data and/or other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
3.7 Impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to NamVendors computer systems or those of other users or any other person;
3.8 Offer, sell, export any goods and/or services if this breaches any law applicable to you; and
3.9 Engage in any practice or conduct that is unlawful under any laws applicable to you;
3.10 Copy, modify, or distribute rights or content from the NamVendors Website, Services or tools or NamVendors copyrights and trademarks;
3.11 Harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on the Website without the express permission of NamVendors.
3.12 Any links or references (direct or indirect) to other websites on the NamVendors Website are provided for your convenience only and do not, and are not an express or implied endorsement by NamVendors, of those websites, or the goods and/or services contained on those websites.
3.13 The information and material contained on the NamVendors Website has been prepared in accordance with the laws of the Republic of Namibia for use in the Republic of Namibia only. It may not comply with the laws of any other country.
NamVendors makes no representation that the information and material contained on the NamVendors Website complies with the laws (including any intellectual property laws) of any country other than Namibia. If you choose to access the NamVendors Website from outside of the Republic of Namibia, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
4. Using information about other NamVendors Users
4.1 You agree to use NamVenodrs user information only in accordance with the terms of this Agreement as well as any applicable laws and regulations (including, without limitation, data protection laws) and only for:
4.2 NamVendors-transaction-related purposes that do not constitute unsolicited commercial communications; and
4.3 Other purposes a user expressly agrees to.
4.4 You agree to respect other users’ privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
5. Registering as a Vendor (Own a Store on NamVendors)
To register, create a store and to sell your goods and/or services on the NV Website, you must be 18 (eighteen) years or older and you at all times warrant that:
5.1 Your registration data is truthful, current, complete, and maintained;
5.2 NamVendors has the right to suspend and/or terminate your account if it suspects that your registration data is untrue, inaccurate, not current or is incomplete;
5.3 You may never use a third party’s account without permission;
5.4 You are solely responsible for the activity and pricing on your account;
5.5 You should take all reasonable precaution to keep your account user name and password private and secure;
5.6 You must notify NamVendors immediately of any breach or suspected breach of security or illicit use of your account and/or information contained therein;
5.7 You are responsible for ensuring that the information you supply us is accurate and full, as well as notifying us of any changes to that information. Through your My Account section, you may view and edit much of the information you’ve given us, including your account preferences.
5.8 You will be held liable for any illicit use made of your account and any losses suffered by NamVendors or any third party as a result thereof;
5.9 NamVednors will not for any reason whatsoever be liable for any losses caused by any illicit use of your account;
5.10 NamVendors reserves the right to use your registration data subject to the NamVendors Privacy Policy which can be found at: Privacy Policy
5.11 NamVendors shall have the right to rely, without further inquiry, on provision of the user identification and password as adequate authentication for the use of the NamVendors Website.
NB: To become a Vendor, please complete the Vendor Registration Form and review the Vendor Terms and Conditions provided on the registration page.
6. NamVendors is not the direct seller or supplier of any goods and services listed by Vendors on the Website, except for products sold through the NamVendors in-house store. Accordingly, in relation to goods and/or services offered and sold by Vendors, NamVendors:
6.1 Does not act as the seller, manufacturer or supplier of such goods and/or services;
6.2 Has no control over whether, the goods and services offered for sale on the NamVendors Website are legitimately saleable;
6.3 Cannot guarantee, the accuracy or completeness of product descriptions or other information provided by Vendors
6.4 Is not responsible for a Vendor’s failure to perform its obligations relating to the sale, fulfilment or delivery of an order;
6.5 Does not guarantee delivery by a Vendor where fulfilment and delivery are the Vendor’s responsibility;
6.6 Cannot confirm that each Buyer and Vendor are who they claim to be;
6.7 Cannot, confirm anything relating to any credit card details supplied to us by a Buyer or Vendor under this Agreement, including without limitation, that the:
6.8 Credit card details of any Buyer or Vendor are correct;
6.9 Credit limit has not been exceeded;
6.10 Credit card has not been reported stolen;
6.11 Buyer or Vendor is entitled to authorised use of the credit card; or
6.12 Credit card is otherwise being unlawfully used; and
6.13 NamVendors is not a party to the sale between a Buyer and an independent Vendor. However, NamVendor may facilitate or mediate disputes, returns and refunds in accordance with the applicable Platform Policies.
6.14 NamVendors does not act as an agent of either the Vendor or the Buyer in connection with the listing, sale or purchase of products offered by independent Vendors.
7. Service Provision
The NamVendors Website provides services (“the Services”) which allows:
7.1 An active and registered user of the NamVendors Website to create a store on the NamVendors Website to list, promote, market and sell goods and/or services (“the Vendor”); and
7.2 An active and registered user or a guest user of the NamVendors Website to browse, find, register and purchase the Vendors’ goods and/or services via the NamVendors Website (“the Buyer”).
8. The NamVendors Website allows the Vendor to:
8.1 List, add price, and publish the Vendor’s goods and/or services for sale;
8.2 Edit and manage product and/or service attributes and pricing; and
8.3 Advertise and market the Vendor’s goods and/or services.
8.4 NamVendors provides a facility to create a secure username and secret password for both Vendors and Buyers to access the NamVendors Website.
8.5 NamVendors may restrict and/or terminate the Services it provides to a Vendor and/or a Buyer at any point in time if NamVendors, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
8.6 NamVendors accepts no responsibility or liability for the content of user-to-user (for example between Buyer and Vendor) communications on the Services.
8.7 The Services are “as is” and no refunds will be provided for fees.
9. Right to use the Services
Subject to the terms and conditions of this Agreement, and limited solely to the extent necessary to use the Services, NamVendors hereby grants you a limited, revocable, non-exclusive, non-transferable right to use the Services and the NamVendors Website solely for the purposes depicted in this Agreement.
All rights not expressly granted to you are reserved by NamVendors. Except as expressly permitted by NamVendors, you shall not:
9.1 License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
9.2 Modify, make, reverse engineer, or imitate works based on the NamVendors Website and/or the Services;
As a Buyer :
9.3 To purchase goods and/or services through the NamVendors Website, you may register and create a personal user account or complete your purchase as a guest.
You agree and warrant to each Vendor and separately to NamVendors that your information:
9.4 Is accurate and not false, misleading, deceptive or fraudulent;
9.5 Does not breach any Intellectual Property Rights of a third party;
9.6 Is made in compliance with all applicable laws, government regulations or guidelines;
9.7 Is not forged, offensive, threatening or otherwise constitutes harassment;
9.8 Does not contain confidential information or trade secrets of a third party unless consent has been obtained from the third-party owner;
9.9 Does not contain any computer viruses or other undesirable programs or data, whether attached to or embedded in other programs or data or not;
9.10 Will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
9.11 You have the legal capacity to purchase goods and/or services and, and will comply with all applicable laws when making a purchase;
9.12 You will not place an order unless you are able and have sufficient available funds to pay for the goods and/or services ordered.
9.13 Purchases made through the NamVendors Website are subject to these Terms, the applicable Vendor terms and the applicable NamVendors Platform policies;
9.14 You agree to use the payment methods made available by NamVendors through the Website.
10. Transaction between the Vendor and Buyer
When a Buyer places an order for goods and/or services offered by a Vendor on the NamVendors Website, the transaction is between the Buyer and the applicable Vendor. NamVendors facilitates the transaction through the Platform in accordance with these Terms and applicable Platform policies.
10.1 Once an order is placed, the Buyer must complete payment through the payment methods made available by NamVendors.
10.2 A sale becomes binding upon successful payment and confirmation of the order, subject to these Terms and applicable Platform policies.
10.3 The Vendor is responsible for fulfilling the order in a prompt manner and in accordance with applicable fulfilment or delivery terms and Platform policies, unless there is an exceptional circumstance, such as:
10.4 The Buyer fails to meet the terms of the Vendor’s listing, or
10.5 The Vendor cannot authenticate the Buyer’s identity (The Buyer has failed to comply with the applicable terms of the transaction or where another circumstance permitted under these Terms and applicable Platform policies applies).
10.6 Buyer may rate a Vendor using the rating system made available on the NamVendors Website.
10.7 Ratings and feedback must relate to the Buyer’s actual experience or transaction with the Vendor;
10.8 You are only permitted to rate a Vendor if you have interacted and/or transacted with that Vendor;
10.9 Rating and feedback must be honest, fair and based on the Buyer’s genuine experience. Buyers must not submit false, misleading, malicious, defamatory or unlawful content. You could also be held liable for damage(s) to the Vendor if legal proceedings are taken against you for your rating.
10.10 Buyers must not manipulate or abuse the rating system, including by using accounts multiple accounts or arranging for other persons to artificially increase or decrease a Vendor’s rating or raise your own rating.
10.11 Threatening, abusive, racially vilifying, discriminatory, hateful, obscene or profane language is also abuse of the system and is not allowed.
10.12 NamVendors reserves the right to moderate, restrict or remove ratings or feedback that violate these Terms, applicable Platform policies or applicable law.
10.13 NamVendors will not be held responsible for the rating the Vendor is given, and for any comment remaining on the NamVendors Website.
10.14 In the case of all disputes between a Vendor and Buyer, refer to clause 23.
11. General
11.1 NamVendors has an absolute discretion to change the terms of this Agreement at any time. If NamVendors does so, the details of any changes will be effective immediately and will be accordingly updated on the NamVendors Website.
11.2 By accepting this Agreement, you also agree to accept and be bound by any changes made by NamVendors under this clause 11. In any event, your continued use of the Services after any changes to the terms and conditions of this Agreement have taken effect in accordance with Clause 11.1, will be deemed to be your acceptance of those changes.
11.3 You agree to promptly inform NamVendors of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
11.4 You agree that NamVendors may monitor your conduct if NamVendors believes that you are not complying with the terms of this Agreement. If NamVendors does so, NamVendors will respect your confidentiality, unless:
11.5 Doing so would or could implicate NamVendors in criminal behaviour, a civil wrong, or any other claim by a person for which NamVendors may have to pay compensation;
11.6 The law compels, requires, or makes it prudent and desirable for NamVendors to divulge or disclose the information it holds or knows or any documents it may possess; or
11.7 NamVendors considers it necessary or desirable to make disclosures to preserve or enforce its interests or rights.
11.8 If NamVendors believes, whether it may or may not have conducted any monitoring, that you are not, or may be in danger of not complying with any of the provisions of this Agreement, then NamVendors may send you a written warning asking you to rectify your conduct (although NamVendors will not be obliged to do so).
If you:
11.9 Infringe or are suspected of infringing the Intellectual Property Rights of NamVendors and/or any other person;
11.10 Are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with the NamVendors Website or any other website;
11.11 Have an overdue payment on your NamVendors account; or
11.12 Otherwise breach this Agreement;
11.13 Then NamVendors may, in its sole and/or absolute discretion:
11.14 Withhold from you, your use of any or all of the services and access to your information;
11.15 Delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers to or from you;
11.16 Restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
11.17 Terminate the Agreement that NamVendors has entered into with you, and cancel NamVendors obligations to provide the Services, if NamVendors is not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
12. Entering into this Agreement
You represent and warrant to NamVendors that:
12.1 Individual Vendors / Sole Traders / Unregistered Sellers
• Must be 18+ years old
• Provide personal ID and contact information
• Can sell on the platform without a formal business registration
If you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
13. If you are a Juristic Entity that
You are duly incorporated and have been issued with a certificate of commencement of business and have the necessary powers and/or authority to own and/or sell property; and Entering into this Agreement does not violate your business’ Constitution and/or any other governing document; and you have the necessary powers and/or authority and have taken all corporate and other actions required to enter into this Agreement and to authorise the entering into this Agreement and performing your obligations under this Agreement.
13.1 Transactions in case of a minor:
13.1.1 If you are under eighteen (18) years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services offered by NamVendors, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.
13.1.2 If your parent or legal guardian or spouse supervises you and gives his/her consent, then such person hereby agrees to be bound by the terms of this Agreement and furthermore agrees to be liable and responsible for you and for all your obligations or duties in terms of the Agreement entered into between yourself and NamVendors.
13.1.3 NamVendors strictly reserves its rights to refuse its Services or to terminate and/or suspend your account or cancel orders should NamVendors, in its sole discretion, find that you have failed for whatsoever reason to comply with the provisions of this Agreement, without prejudice to any other rights that NamVendors may have at law.
13.1.4 To the extent that you utilize the Services, NamVendors shall deem it that you were/are supervised by and that you have obtained the necessary consent of your parent or legal guardian or spouse or curator or trustee. The onus to prove that you were not supervised or did not obtain the requisite consent shall rest with you.
14. Use of your Information
You hereby grant NamVendors, free of charge, the right to use your intellectual property, trademarks, logos and content (“your Branding“) in marketing and/or promotional campaign initiated by NamVendors, in physical and digital media.
14.1 In this regard you agree to:
14.2 Permit NamVendors to utilize your branding in marketing materials and on the NamVendors Website;
14.3 Permit NamVendors to identify you as a Vendor on the NamVendors marketplace and in related marketing or promotional materials, where applicable;
14.4 Vendors may refer to NamVendors and NamVendors Website for the purpose of promoting their own store or products available on the marketplace. However, no Buyer or Vendor may use, reproduce, alter or present the NamVendors trademark, logo or Branding in a manner that falsely suggests ownership, endorsement, partnership or official representation of NamVendors without the prior written consent of NamVednors. Subject to Clause 14.2 and 14.3 above, NamVendors agrees to use your information only in accordance with the terms of this Agreement as well as the privacy terms contained in clause 15 below and further hereby acknowledges and agrees as follows:
14.5 You shall retain all right, title and interest, including all intellectual property rights, in and to any of your content, product listings and Branding. By listing or providing such content on the NamVendors Website, you grant NamVendors permission to use, display, reproduce and promote such content for the operation, advertising and marketing of NamVendors marketplace. Such use does not transfer ownership of the Vendor’s products, content or Branding to NamVendors.
14.6 Namvendors shall retain all right, title, and interest, including all intellectual property rights, in the NamVendors Website, Services, NamVendors Branding, technology and any other proprietary material belonging to NamVendors. Nothing in this Agreement shall transfer ownership of such material to any Buyer or Vendor.
15. Privacy
This section provides an overview of the privacy practices applicable to NamVendors Website. Further details are provided in the Privacy Policy, which explains:
15.1 What personal information is collected through the NamVendors Website;
15.2 Who collects and is responsible for the information;
15.3 How the information is used;
15.4 With whom the information may be shared;
15.5 The choices available to you regarding the collection, use and distribution of your information;
15.6 The security measures used to protect personal information against unauthorized access, loss, misuse, or alteration; and
15.7 How you may access, update or correct your personal information.
16. Disclaimer and Limitation of Liability
Notwithstanding, and in addition to any other provision of these Terms, NamVendors shall not be liable to any Buyer, Vendor or other person for any loss, damage, expense or other amount arising directly or indirectly from the use of, inability to use, access to, or reliance on the NamVendors Website or Services, including, but not limited to, any loss arising from one or more, or a combination, of the following:
16.1 A failure, or error in the operation, of all or any part of the NamVendors Website, NamVendors computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
16.2 Any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to the NamVendors Website or network resources or any other computer systems or network resources to which they may be connected by any person;
16.3 In relation to purchases or sales on the NamVendors Website, that is not processed, completed or accepted due to technical difficulties, system failures, interruptions or other circumstances beyond NamVendors’ reasonable control;
16.4 Any economic, indirect or consequential loss or damage, including, but not limited to, loss of profit, contracts, business, revenue, goodwill, anticipated savings, equipment, property, data or other information, whether or not such loss was foreseeable;
16.5 Any personal loss, hardship, distress, anxiety, or other non-economic loss arising directly or indirectly from the use of, or inability to use, the NamVendors Website or Services;
16.6 Any errors or omissions in any documentation, information, data, or other material made available on the NamVendors Website, or any breach of contract or negligence on the part of NamVendors, its employees, agents or authorised representatives;
16.7 Any reliance on information or material contained on the NamVendors Website about any goods and/or services or any other information, content, security or privacy practice of third party linked to or accessible through the NamVendors Website;
16.8 Any loss or damage arising from unauthorized access to your account where you have not taken reasonable steps to protect your credentials.
16.9 Any unauthorized act, representation or conduct by any employee, agent or other person acting outside the scope of their authority on behalf of NamVendors;
16.10 Any rating, review, feedback or other user-generated content submitted through the NamVendors rating or review system;
16.11 Any decision by NamVendors to investigate, not investigate, take action or refrain from taking action in relation to an alleged breach of these Terms or applicable Platform policies by a Buyer, Vendor or other user;
16.12 To the extent permitted by law, all terms, conditions, warranties, representation, whether express, implied, statutory, under common law or otherwise, relating to the NamVendors Website or Services are excluded unless provided for in these Terms;
16.13 To the extent permitted by applicable law, NamVendors’ total aggregate liability for any claim arising out of or relating to the Services, Website, or any transaction conducted through the Platform shall not exceed the total amount paid to NamVendors by the affected user in connection with the specific service or transaction giving rise to the claim.
17. Release and Indemnity
17.1 Notwithstanding, and in addition to any other provision in these Terms, you agree to release and indemnify NamVendors, its directors, shareholders, employees, agents and authorized representatives against any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on an attorney and own client basis and on a full indemnity basis) directly or indirectly arising out of or relating to:
17.2 Your use or misuse of the NamVendors Website or Services;
17.3 Your offering for sale, sale or purchase of any goods and/or services through the NamVendors Website or Services;
17.4 Any information, content or material submitted, uploaded, published, transmitted or otherwise made available by you through the NamVendors Website or Services;
17.5 Any actual or alleged infringement of a third party’s rights arising from information, content, product listings, images, Branding or other material submitted or made available by you through the NamVendors Website or Services, including intellectual property, privacy or other legal rights;
17.6 Any claim arising from the suspension, restriction or termination of your access to the NamVendors Website or Services where such action is taken in accordance with these Terms or applicable Platform Policies.
18. Disputes
You and NamVendors must follow the procedure set out below for resolving any dispute arising out of or in connection with these Terms before commencing legal proceedings, except proceedings seeking urgent relief. The procedure for resolving a dispute is as follows:
18.1 First, either you or NamVendors must give written notice to the other party setting out the nature and details of the dispute (“Notice“). You and NamVendors must then seek in good faith to resolve the dispute amicably within 14 (fourteen) business days after receipt of the Notice;
18.2 Second, if the dispute is not resolved within that period, either you or NamVendors may refer the dispute to a court of competent jurisdiction in Namibia;
18.3 Nothing in this clause prevents either party from approaching a court of competent jurisdiction for urgent relief where necessary;
18.4 You shall be liable for all costs incurred by NamVendors in enforcing its rights under these Terms or recovering any monies due to NamVendors, including collection charges and legal costs on an attorney and own client basis, whether incurred before or during legal proceedings, or in enforcing or satisfying any judgment obtained against you;
19. Force Majeure/ Events Beyond NamVendors’ Control
NamVendors shall not be liable for any delay, interruption, failure, or inability to perform any obligation under these Terms where such delay, or inability results from events or circumstances beyond NamVendors’ reasonable control, including, but not limited to, acts of God, natural disasters, fire, flood, power outages, internet or network failures, cyberattacks, labour disputes, government actions, pandemics, civil unrest, third-party service failures, banking or payment gateway interruptions, hosting or server downtime, or any other event or circumstance beyond NamVendors’ reasonable control.
In such circumstances, NamVendors will make reasonable efforts to restore services, and where appropriate, notify affected users as soon as reasonably possible.
20. User Disputes
20.1 Users are encouraged to first seek to resolve disputes arising from transactions between Buyers and Vendors through the applicable NamVendors dispute, return, refund or other Platform procedures. Where appropriate, a user may pursue any other remedy available to them under applicable law.
20.2 NamVendors may, for the benefit of users, assist in facilitating the resolution of disputes between Buyers and Vendors in accordance with these Terms and applicable Platform policies, but shall not be obligated to resolve every dispute.
20.3 Where NamVendors assists in facilitating a dispute, it will do so in good faith and in accordance with these Terms and applicable Platform policies;
20.4 NamVendors does not act as a court or tribunal and does not make binding determinations on legal rights or claims between users;
21. Entire Agreement
21.1 These Platform Terms and Conditions, together with the Privacy Policy and Platform Return, Refund and Exchange Policy, constitute the agreement between you and NamVendors governing your use of NamVendors Website and Services. Where you are registered as a Vendor, the Vendor Terms and Conditions shall additionally apply and shall be binding upon you;
21.2 These Platform Terms and Conditions shall be read together with the Privacy Policy, Platform Return, Refund, and Exchange Policy and, where applicable, the Vendor Terms and Conditions. In the event of any conflict or inconsistency, the provisions of the document specifically governing the subject matter in question shall prevail;
22. Remedies Cumulative
22.1 All rights and remedies available under these Platform Terms and Conditions are cumulative and are not exclusive of any other rights or remedies available under applicable law.
23 Amendments to these Terms and Conditions
23.1 NamVendors may amend, vary or update these Platform Terms and Conditions from time to time. Any amendments or updates will be made available on the NamVendors Website and, where appropriate users may be notified through the Website, their account or other available communication channels.
23.2 It is your responsibility to familiarize yourself with any amendments, variations or updates. Your continued use of the NamVendors Website or Services after the effective date of any amendment or update constitutes acceptance of the revised Platform Terms and Conditions.
24. Relationship of parties
24.1 Nothing in this Agreement shall be deemed to constitute any partnership, joint venture, employment or agency relationship between NamVendors and any Buyer or Vendor, except as expressly provided in these Platform Terms and Conditions;
25. Non-waiver
25.1 No failure or delay by NamVendors in exercising or enforcing any right or remedy under these Platform Terms and Conditions shall constitute a waiver of that right or remedy, nor shall any waiver of a particular breach constitute a waiver of any subsequent breach;
26. Governing Law
26.1 These Platform Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Namibia. You and NamVendors submit to the jurisdiction of the courts of competent jurisdiction in Namibia in relation to any dispute, legal action or proceedings arising out of or in connection with these Platform Terms and Conditions.
With reference to:
27. Notices
27.1 Any notice or communication required under these Platform Terms and Conditions must be in writing and may be delivered by hand, registered post or email to the relevant contact details provided by the receiving party.
27.2 You are responsible for ensuring that your contact information associated with your NamVendors account, including your email address, remains accurate and up to date. NamVendors may send notices and communications to the most recent contact details provided by you;
27.3 Notices to NamVendors must be sent to the contact details designated by NamVendors on the Website or otherwise communicated by NamVendors for that purpose.
27.4 A notice shall be deemed to have been received:
27.4.1 If delivered by hand, on the date and at the time of delivery, provided that proof of delivery is available;
27.4.2 If sent by registered post, 3(three) business days after posting; and
27.4.3 If sent by email, on successful transmission to the recipient’s designated email address, unless the sender receives a notification that the email was not successfully delivered;