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”).
- The NamVendors Website is owned and operated by Fusiondepot Trading (CC).
- 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”).
- For purposes of this Terms and Conditions, “you” and “your” refer to the user of the NamVendors service. This includes, without limitation:
- Vendors (sellers)
- Customers (buyers)
- Website visitors
- Or Any other individual whose information NamVendors collects or processes in connection with these Terms
- 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.
- 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.
Products
- We offer fashion wear, clothing, hair products, and 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.
- All products are subject to availability. We reserve the right to discontinue any product at any time without notice
2. Use of the NamVendors website
- User must be 18+
- Provide accurate information
- 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.
- 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:
- Iillegally 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;
- 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;
- 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;
- Offer, sell, export any goods and/or services if this breaches any law applicable to you; and
- Engage in any practice or conduct that is unlawful under any laws applicable to you;
- Copy, modify, or distribute rights or content from the NamVendors Website, Services or tools or NamVendors copyrights and trademarks;
- 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.
- 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.
- 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.
- Using information about other NamVendors users
- 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:
- NamVendors-transaction-related purposes that do not constitute unsolicited commercial communications; and
- Other purposes a user expressly agrees to.
- 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.
- 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:
- Your registration data is truthful, current, complete, and maintained;
- 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;You may never use a third party’s account without permission;You are solely responsible for the activity and pricing on your account;
- You should take all reasonable precaution to keep your account user name and password private and secure;
- You must notify NamVendors immediately of any breach or suspected breach of security or illicit use of your account and/or information contained therein;
- 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.
- 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;
- NamVednors will not for any reason whatsoever be liable for any losses caused by any illicit use of your account;NamVendors reserves the right to use your registration data subject to the NamVendors Privacy Policy which can can be found at:
- 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 at www.namvendors.com.na/Vendorsregistration
- NamVendors is not the direct seller or supplier of any goods and services listed on the Website, but merely provides an online platform that enables the sale and purchase thereof;
- Does not act as an agent or maker of any such goods offered for sale and/or sold on the NamVendors Website;
- Has no control over whether, the goods and services offered for sale on the NamVendors Website are legitimately saleable;
- Cannot guarantee, the accurateness of the descriptions of any goods and services on the NamVendors Website;
- Has no control whatsoever over the Vendor or Buyer to perform their respective responsibilities of the sale and delivery;
- Cannot guarantee that a Buyer will pay for the goods and services that he/she has ordered from the Vendor on the NamVendors Website;
- Cannot guarantee the delivery of any goods and services to the Buyer by the respective Vendor;
- Cannot confirm that each Buyer and Vendor are who they claim to be;
- 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:
- Credit card details of any Buyer or Vendor are correct;
- Credit limit has not been exceeded;
- Credit card has not been reported stolen;
- Buyer or Vendor is entitled to authorised use of the credit card; or
- Credit card is otherwise being unlawfully used; and
- NamVendors will not be involved in any dispute between any Buyer and Vendor arising out of, or in connection with, the completion of any sale and/or purchase of any goods and/or services on the NamVendors Website,
- NamVendors does not and will not act as an agent for either the Vendor or the Buyer, by the placement and offering for sale the goods on the NamVendors Website, or the acceptance of such offer.
- Service Provision
The NamVendors Website provides services (“the Services”) which allows:
- 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
- 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”).
The NamVendors Website allows the Vendor to:
- List, add price, and publish the Vendor’s goods and/or services for sale;
- Edit and manage product and/or service attributes and pricing; and
- Advertise and market the Vendor’s goods and/or services.
- NamVendors provides a facility to create a secure username and secret password for both Vendors and Buyers to access the NamVendors Website.
- 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.
- NamVendors accepts no responsibility or liability for the content of user-to-user (for example between Buyer and Vendor) communications on the Services.
- The Services are “as is” and no refunds will be provided for fees.
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:
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
- Modify, make, reverse engineer, or imitate works based on the NamVendors Website and/or the Services;
- As a Buyer
- To purchase goods and/or services through the NamVendors Website, you must register and create a personal user account or make use of the NamVendors Website as a “guest”.
You agree and warrant to each Vendor and separately to NamVendors that your information:
- Is accurate and not false, misleading, deceptive or fraudulent;
- Does not breach any Intellectual Property Rights of a third party;
- Is made in compliance with all applicable laws, government regulations or guidelines;
- Is not forged, offensive, threatening or otherwise constitutes harassment;
- Does not contain confidential information or trade secrets of a third party unless consent has been obtained from the third-party owner;
- Does not contain any computer viruses or other undesirable programs or data, whether attached to or embedded in other programs or data or not;
- Will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
- You have the legal capacity to purchase any goods and/or services and, will not otherwise be breaching any law in purchasing those goods and/or services;
- You will not make an offer to purchase any goods and/or services on the NamVendors Website unless you are able, and have sufficient, available capacity to pay for those goods and/or services;
- The purchase of any goods and/or services on the NamVendors Website is absolutely at your own risk;
- You agree that you will utilise the Buyer Payment options made available to you by NamVendors, namely; the use of the third- party payment provider; or an Electronic Fund Transfer (EFT) into NamVendors account.
- Transaction between the Vendor and Buyer
When you place an order on the NamVendors Website, you are entering into a direct transaction and personal relationship with an individual Vendor which relationship is enabled by NamVendors and the NamVendors Website.
- NamVendors encourages the Vendor and Buyer to work independently through the transaction to completion.
- Once the order is placed, the Buyer must complete payment through the available Payment options provided by NamVendors:
- Payments for orders place on the Platform shall be processed through NamVendors approved payment channel, after which the applicable vendor proceeds may be settled to the relevant Vendor in accordance with NamVendors payout procedures and Vendor Terms.
- All sales are contractually binding on both the Vendor and Buyer.
- The Vendor is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as:
- The Buyer fails to meet the terms of the Vendor’s listing, or
- The Vendor cannot authenticate the Buyer’s identity (The Buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance).
- You may rate a Vendor using the NamVendor rating system.
- The Vendor agrees that feedback, comments and/or rating scores may be provided of and/or about them;
- You are only permitted to rate a Vendor if you have interacted and/or transacted with that Vendor;
- You undertake that the rating will be fair, reasonable and in no way malicious. Comments and ratings cannot be edited once submitted. Therefore, please be cautious when adding your comment, as you are unable to edit it once you have submitted it. You could also be held liable for damage(s) to the Vendor if legal proceedings are taken against you for your rating.
- You may not abuse the rating system. Abuse of the system includes using accounts of your friends or your own secondary accounts to lower the rating of another user or raise your own rating.
- Threatening, abusive, racially vilifying, discriminatory or profane language is also abuse of the system and is not allowed.
- NamVendors promotes and supports free speech and will only remove feedback comments in exceptional circumstances.
- NamVendors will not be held responsible for the rating the Vendor is given, and for any comment remaining on the NamVendors Website.
- In the case of all disputes between a Vendor and Buyer, refer to clause 16.
- General
- 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.
- By accepting this Agreement, you also agree to accept and be bound by any changes made by NamVendors under this clause 10. 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 10.1, will be deemed to be your acceptance of those changes.
- 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.
- 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:
- 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;
- 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
- NamVendors considers it necessary or desirable to make disclosures to preserve or enforce its interests or rights.
- 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:
- Infringe or are suspected of infringing the Intellectual Property Rights of NamVendors and/or any other person;
- 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;
- Have an overdue payment on your NamVendors account; or
- Otherwise breach this Agreement;
Then NamVendors may, in its sole and/or absolute discretion:
- Withhold from you, your use of any or all of the services and access to your information;
- 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;
- 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
- 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.
- Entering into this Agreement
You represent and warrant to NamVendors that:
- 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
- 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; andEntering 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.
- Transactions in case of a minor:
- 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.
- 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.
- 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.
- 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.
- Use of your information
You hereby grant NamVendors and free of charge, the right to use your intellectual property, trademark, logo and content (“your Branding“) in any particular marketing and/or promotional campaign initiated by NamVendors in all forms of media both physical and digital.
In this regard you agree to:
- Permit NamVendors to utilize your Branding in marketing materials and on the NamVendors Website; and
- Permit NamVendors to identify you as a customer OR Vendor of NamVendors.
- You are not authorized to use the NamVendors trademark or logo (“the NV Branding“) in any manner without the express written consent from NamVendors. Subject to Clause 13.1 and 13.2 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 13 below and further hereby acknowledges and agrees as follows:
- You shall retain all right, title and interest, including all intellectual property rights, in and to any of your content and your Branding and nothing in this Agreement shall confer any license or right of ownership in such material; and
- NamVendors shall retain all right, title, and interest, including all intellectual property rights, in and to any of the Services, NamVendors Branding, the NamVendors Website, and technology provided by NamVendors and any other property and/ or material belonging to NV and nothing in this agreement shall confer any license or right of ownership in such material.
- Privacy
This privacy statement discloses the privacy practices for the NamVendors Website. Our detailed privacy policy can be found at Privacy Policy.
NamVendors has agreed to notify you of:
- What personally identifiable information of yours or that of a third-party personal identification is collected from you via the NamVendors Website;
- The organization collecting the information;
- How the information is used;
- With whom the information may be shared;
- What choices are available to you regarding collection, use and distribution of the information;
- The kind of security procedures that are in place to protect the loss, misuse or alteration of Information under our control;
- How you can correct any inaccuracies in the information.
- Disclaimer and Limitation of Liability
Notwithstanding, and in addition to any other provision in this Agreement, you agree that NamVendors will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access the NamVendors Website, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
- 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;
- 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;
- In relation to purchases or sales on the NamVendors Website, that were not processed or accepted due to technical difficulties or for any reason whatsoever;
- whether NamVendors or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
- Any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
- Any errors or omissions in any documentation or other literature provided by NamVendors, any errors or omissions in any data, on the NamVendors Website, or any breach of contract or negligence on the part of NamVendors, its employees, agents or authorised representatives;
- Any reliance on, the information and material contained on the NamVendors Website about any goods and/or services or any other information or material whatsoever, or any information and material contained on, and the privacy of, websites linked to the NamVendors Website;
- Any loss or damage arising from unauthorized access to your account where you have not taken reasonable steps to protect your credentials.
- Any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our directors, employees, agents, or authorised representatives;
- For anything relating to the NamVendors rating system;
- Any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the users.
- To the extent permitted by law, all terms, conditions and warranties or representation whether express, implied, statutory, common law or otherwise relating to the services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.
- To the extent permitted by applicable law, NamVendors’ total aggregated 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.
- Release and Indemnity
- Notwithstanding, and in addition to any other provision in this Agreement, you agree to release from, and indemnify NamVendors, its directors, its shareholders, its employees, its agents and/or its representatives against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:
- Your use of the Services;
- Your offering for sale and the sale of and/or your purchase of any goods and/or services as a result of using the Services;
- The reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by NamVendors or any of its users (other than you) made available by use of the services;
- Anyone or more of the circumstances described in Clause 16.1.
- Any alleged breach of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or
- Any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.
- Disputes
- You and NamVendors must follow the procedure set out below for resolving any dispute in connection with or arising out of this Agreement, in accordance with this clause 17 before starting any proceedings (except proceedings seeking urgent relief).
The procedure for resolving a dispute is as follows:
- First, either you or NamVendors must give written notice to the other about the nature of the dispute (“Notice“) and you and NamVendors will seek to negotiate a settlement within 14 (fourteen) business days of receipt of the Notice;
- Second, to the extent that those negotiations fail, you and NamVendors will seek, within a further 5 (five) business days, to reach agreement on the appointment of a mediator for resolving the dispute, and
- Failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Namibia by an arbitrator(s) appointed by the Foundation.
- You shall be liable for all costs incurred by NamVendors in the enforcement of any rights which it has in terms of this Agreement or in the recovery of any monies due to NamVendors, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.
- 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 and Conditions where such delay or failure results from events beyond NamVendors’ reasonable control, including but not limited to acts of God, natural disasters, fire, flood, power outages, internet or network failure, cyberattacks, labour disputes, government actions, pandemics, civil unrest, third-party service failures, banking or payment gateway interruptions, hosting/server downtime, or any other unforeseen events beyond NamVendors control.
In such circumstance, NamVendors will make reasonable efforts to restore services and will notify you as soon as reasonably possible.
- User disputes:
- NamVendors encourages all users to report user-to-user disputes to local law enforcement, or a certified mediation or arbitration entity, as applicable.
- NamVendors, for the benefit of users, may but will not be obliged to assist in resolving user disputes.
- To the extent that NamVendors attempts to resolve a dispute, NamVendors will do so in good faith based solely on NamVendors policies.
- NamVendors will not make judgments regarding legal issues or claims.
- Entire agreement
- This Agreement, the Privacy Policy and any other agreement entered into between NamVendors and the user constitutes the entire Agreement between the user and NamVendors.
- Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.
- Remedies cumulative
- All rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law. A notice dealing with amendments or variations or updates of this Agreement will be posted on the NamVendors Website. It is your duty and responsibility to familiarize and understand the amendments or variations or updates. By continuing to use NamVendors services, you are deemed to have accepted the amendment, variation or update as binding on you.
- Relationship of parties
- Nothing in this Agreement shall be deemed to constitute any party as the agent, partner or joint venture of another party.
- Further assurances
- A party shall take all such steps, execute all such documents and do all such acts and things as may be reasonably required by another party to give effect to any of the transactions contemplated by this Agreement.
- Non-waiver
- Other than as specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
- Governing law
- This Agreement will be governed by the laws in force in Namibia and each party unconditionally submits to the jurisdiction of the court of the Republic of Namibia in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
With reference to:
- Notices
- You choose your domicilium citandi et executandi (“domicilium“) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in your application for registration on the NamVendors Website. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, registered post or email to the relevant party to this Agreement at its respective address as specified on the application for registration on the NamVendors Website and, in the case of NamVendors, at the aforementioned address and in the case of mail will be deemed to have been served three (3) business days after posting. In the case of an email it will be deemed to have been served on receipt of a successful transmission notice. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.