Disclaimer

Acceptance

PLEASE READ THE USER AGREEMENT OF THIS SITE expresspay AS EXPRESSED BELOW, BEFORE CONTINUING TO MAKE USE OF THIS SITE.

BY CONTINUING TO USE THIS SITE, THE USER DOES HEREBY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH CONDITIONS THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD AND AGREES WILL BE BINDING ON THE USER.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Copyright (© 2008) in this site vests in expressPay Namibia cc, registration number cc/2008/2952. All rights not expressly granted are reserved. To obtain permission for the commercial use of any content on this Site please contact expressPay Namibia at 061 224 725 or e-mail info@netvendna.com

expressPay Namibia retains for itself all intellectual property rights (including the goodwill associated with those rights) related to the Site, whether owned by expressPay Namibia or used by expressPay Namibia under licence. As used here “intellectual property rights” means, with respect to any technology, content, data, hyperlinks, graphic and icons on this Site (other than those of our clients), all related patent rights, copyrights, inventions, designs, including software and hardware, layouts, trade mark rights and other intellectual property rights therein and thereto, including all moral rights. In particular expressPay Namibia does not dispose of the ownership of or its rights under licence to use any intellectual property on this Site.

SECURITY

Appropriate action shall be taken against any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site.

WEBSITE DISCLAIMER

While expressPay Namibia have taken care to ensure that the content on this website is accurate and that you suffer no loss or damage because of your use of this website, this website and the services accessible on or via this website are provided "as is" and your use of this website and the online services is at your own risk.

We do not warrant that the website, software, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.

We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.

We and our affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this website or the online services or the information contained on this website or your inability to use this website or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

Without derogating from the generality of the above, we will not be liable for:

  • any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for whatever reason;
  • any loss or damage arising from your orders, investment decisions, purchases or disposal of goods and services, including financial instrument(s) or currency, from third parties, based on the information provided on this website;
  • any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part;
  • any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
  • any event over which we have no direct control.

E-MAIL POLICY

It is not the policy of expressPay Namibia to regularly monitor the content of electronic messages passing through its e-mail system. However, the content and/or structure of certain messages may be monitored for auditing, security, investigative and statistical activities. Users should structure their electronic communications in recognition of the fact that expressPay Namibia may from time to time examine the content of electronic messages.

GOVERNING LAW

This Site is a Namibian based web site. These Terms and Conditions shall be governed and construed in terms of the law of Namibia and the jurisdiction of the Windhoek High Court shall govern any action arising from these Terms and Conditions and/or the Use of this Site.

DISPUTES

The User and expressPay Namibia (“the Parties”) irrevocably agrees that any dispute whatsoever arising from these Terms and Conditions shall be settled according to the following procedure:

  • the Parties shall firstly utilise their best efforts to attempt to settle the dispute amicably between them by negotiation. This entails that the one party invites the other in writing to a meeting to attempt to resolve the dispute within thirty (30) days from the date of written invitation;
  • the Parties irrevocably agree that the dispute shall be finally settled by arbitration. The arbitration proceedings shall be conducted according to the UNCITRAL rules;
  • a single arbitrator appointed in terms of those rules in the event that the amount in dispute is less than one million Namibian Dollars; or
  • three arbitrators appointed in terms of those rules in the event that the amount in dispute is equal to or greater than one million Namibian Dollars.

The venue of the arbitration shall be Windhoek Namibia.

The arbitrator:

  • shall have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially;
  • shall be obliged to provide written reasons for his decision.

The Parties irrevocably agree that the decision in the arbitration proceedings:-

  • shall be final and binding on the Parties;
  • shall be carried into effect;
  • may be made an order of any court of competent jurisdiction.

The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings.

The Parties agree that:

  • the nature of any dispute arising from this agreement; and
  • the resolution thereof in terms of this clause which shall include any testimony and/or evidence presented in terms of the provisions of this dispute resolution clause; and
  • any settlement agreement in terms of this clause as well as any arbitration award, shall be considered Confidential Information.

This clause shall not preclude either Party form obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the outcome of the negotiations, mediation or decision of the arbitrator as the case may be from time to time.

The provisions of this clause will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement

LINKS AND FRAMING

Links provided on this Site to non-expressPay Namibia sites are provided as is and expressPay Namibia does not expressly or by implication agree with or have any control over the content on such web sites. If the User follows any of these links the User does so at its own risk and expressPay Namibia cannot accept any responsibility for any loss or damage that the User may incur as a result.

The User may not use the Site for any unlawful purpose. You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content on the Site. Without limitation, you may not do any of the following without prior written permission from expressPay Namibia (and neither may you allow a third party to do any of the same:

  • redistribute any of the content; or
  • create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; or
  • deep link to, frame, spider, harvest or scrape the content or otherwise access the content for similar purposes.

AMENDMENTS

expressPay may, in its sole and absolute discretion, amend these terms and conditions, or any part thereof at any time without notice to Users.