Use of Material
PROPERTY.COM.NA authorises you to view and download a single copy of the Material on the Site solely for your personal, non-commercial use.
The contents of the Site, such as text, graphics, images and software other material ("Material"), are protected by copyright of Namibian Laws.
Unauthorised use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or ommercial purpose. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
The Material may contain inaccuracies or typographical errors.
PROPERTY.COM.NA makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. In particular
PROPERTY.COM.NA makes no warranties or representations as to the accuracy, reliability or quality of any property descriptions made available from the Site or as to the availability for purchase or rental of any property. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time without notice.
PROPERTY.COM.NA shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
PROPERTY.COM.NA does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful elements. If your use of the site or the material results in the need for servicing or replacing equipment or data, PROPERTY.COM.NA assumes no responsibility whatsoever for those costs.The site and material are provided on an "as is" and “as available” basis without any warranties of any kind.
PROPERTY.COM.NA and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for particular purpose.
PROPERTY.COM.NA and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links.
Disclaimer of Consequential Damages
Subject to section 7 of these terms and conditions, in no event shall PROPERTY.COM.NA, its supplier, or any third parties mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the material, whether based on statute, contract, tort, or any other legal cause, and whether or not PROPERTY.COM.NA is advised of the possibility of such damages.
Generally, any communication which you post to the Site is considered to be non-confidential.
By posting communications to the Web Site, you automatically grant PROPERTY.COM.NA a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting.
You must not do the following things:
You agree not to use the Site or cause or permit any Materials to be used:
PROPERTY.COM.NA does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
PROPERTY.COM.NA does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, PROPERTY.COM.NA may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Each User hereby agrees that any such action taken by PROPERTY.COM.NA will not be challenged by User.
PROPERTY.COM.NA has no liability or responsibility to Users for performance or non-performance of such activities.
PROPERTY.COM.NA reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive or which PROPERTY.COM.NA otherwise deems to be in breach of these Terms and Conditions of Use.
Links to and from Other Web Sites
The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by PROPERTY.COM.NA of the contents on such third party Web Sites.
PROPERTY.COM.NA is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
PROPERTY.COM.NA generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Sites homepage (and no deeper within the Site) and provided PROPERTY.COM.NA gives its consent to the establishment of such links. Notwithstanding the foregoing, PROPERTY.COM.NA reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.
All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability of PROPERTY.COM.NA to you for all claims arising from the use of the Site or Materials (including Software) is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.
You agree to defend, indemnify, and hold harmless PROPERTY.COM.NA, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement.
PROPERTY.COM.NA shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The Site is controlled by PROPERTY.COM.NA from its location within Namibia. PROPERTY.COM.NA makes no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Namibia. The Namibian Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing, PROPERTY.COM.NA may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Namibia and ROPERTY.COM.NA may bring enforcement proceedings in another state on foot of an Irish judgment.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND PROPERTY.COM.NA WITH RESPECT TO THE USE OF THE SITE. Any changes to this Agreement will be posted on the Site and will take immediate effect.
PROPERTY.COM.NA may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.