Terms & Conditions
Welcome to Uncover Namibia!
These Terms and Conditions (“Terms”), which include and hereby incorporate the Privacy Policy at https://www.uncovernamibia.com/en/datenschutzrichtlinie (“Privacy Policy”), are a legal agreement between Uncover Namibia and its related companies (the “Company,” “us,” “our,” or "we") and you ("you" or “your” or “customer”). By using or accessing this website https://www.uncovernamibia.com ("Site"), you agree that (i) you have read, understood, and consent to be bound by the Terms and (ii) by visiting our site and/ or making a booking with us, you engage in our “Services”
These Terms set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- description of the Services which we offer through our Site.
Please take the time to read and understand the Terms before you make use of our Services and Site. If you do not want to be legally bound by the Terms in their entirety you must not accept these Terms, in which case you cannot use our Site or our Services.
If you don’t understand any of these Terms and want to talk to us about it, please contact us by:
-
Email: hello@uncovernamibia.net (Contact Person: Janine Beuerlein)
Who are we?
Uncover Namibia is a trading name of Osino Car Hire cc registered in Namibia. Our incorporation address or registered office is 18 Tal Street, 9000 Windhoek, Namibia.
Our site offers:
-
travel tricks and trips for travelling in Namibia;
-
travel consultation services (for various stages of planning and organizing of trips to Namibia) at a fee with the option of booking one on one travel consultation services.
-
Travel guides and e-books on travelling to Namibia.
Our products and services(“Services”) shall mean all items listed above as offerings on our site.
1. Introduction
1.1 If you register or buy any Services on our Site, you agree to be legally bound by these Terms.
1.2 These Terms are only available in English and German. No other languages will apply to these Terms.
1.3 When buying any Services or registering on our Site you also agree to be legally bound by:
1.3.1 our Site terms of service and any documents referred to in them;
1.3.2 our privacy policy; and
1.3.3 extra terms which may add to, or replace some of, these Terms and Privacy Policy. This may happen for security, legal or regulatory reasons. We will notify you of any such changes by sending you an email alert, by posting a notice on our Site or through the Services, or in any other manner we deem appropriate. You acknowledge and understand that your continued use of our Site or our Services will confirm your acceptance of the revised terms.
All the above documents form part of these Terms as though set out in full here.
1.4 Save as set out in these Terms, your use of our Site and the content and Services which may be accessed through our Site is at your own risk.
1.5 We do not accept liability for any errors or omissions or for the content becoming out of date.
1.6 We may update our Site and associated Services from time to time and may change the content and pricing at any time. Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
1.7 None of the content on this Site may be copied, modified, displayed, reproduced, published, transmitted or licensed, or used to create derivative works and none of the contents of the Site may be used for the purposes of advertising and/or generating revenue of any kind without written permission from us.
2. Accessing our Site and our Services
2.1 You must be at least 18 years of age to use our Site and any Services provided through it. You warrant to us (i.e., promise in a way that you can be held legally bound by that promise) that you have the required legal and contractual capacity to enter into and be bound by contractual terms.
2.2 You agree to having a valid email address that you monitor regularly and being able to provide any information requested by us in order to complete a function on the Site.
2.3 You may access and use our Site and our Services only for your personal use on your own behalf and not on behalf of anyone else. You must not engage another person, company, partnership, or other entity to access our Site or our Services on your behalf.
2.4 If you choose to access our Site from a location outside Namibia, you are responsible for compliance with local laws relating to such access, including viewing or using the content of our Site, if and to the extent local laws are applicable.
2.5 We do not guarantee that our Site, or any content on it or provided as part of our Services, will always be available, uninterrupted or error free. Access to our Site and our Services is permitted on a temporary basis. We reserve the right to suspend, withdraw or restrict access to our Site or our Services, or any part of it or them, at any time for any purpose we deem reasonable, without notice. This includes where we believe that you have materially breached these Terms, or if we consider there is or is likely to be a breach of security.
2.6 Whilst we try to keep any disruption to our Site and Services to a minimum, our Site and Services may become unavailable from time to time in order for us to carry out planned and unplanned maintenance and security updates. In the case of planned maintenance, we will use our reasonable best efforts, where possible, to provide you with some notice of our intention to suspend the Site or the Services before we do so.
2.7 We will not be obliged to restore any of your data which may be deleted in the course of suspending, withdrawing, or restricting your access to our Site or our Services. You understand and acknowledge that it is your responsibility to print out and/or save any materials or data which you may require in the future.
2.8 You are responsible for making all arrangements necessary for you to have access to our Site including providing and maintaining any equipment used to access our Site. You are solely responsible for any telecommunications costs that you incur whilst using our Site.
2.9 Your right to access our Site and our Services is personal to you. You must not allow any other person to have access to your account or our Services using your username or password.
2.10 You are responsible for all use of our Site and our Services when access is obtained through the use of your username and password, whether or not authorised. For your security, we recommend that you close all open browsers relating to our Site on completion of your visit. Should you have any reason to believe that any of your personal or account information has been compromised or exposed to any other person, either by your own actions or the actions of others, you must immediately notify us and reset your password.
2.11 By placing or requesting to place an order, you authorize us to undertake any background or credit check required before authorizing a payment and delivery. This includes obtaining information from third parties in order to confirm a customer’s identity, payment information provided, any given details and credit history.
3. Acceptable use policy
3.1 You may only use our Site and our Services for lawful purposes.
3.2 By your use of our Site, you agree that you will not misuse the site and that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Any breach of this provision may constitute a criminal offense and we may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
4. Your privacy and personal information
4.1 Our Privacy Policy is available at https://www.uncovernamibia.com/en/datenschutzrichtlinie.
4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
5. Ordering Services from us
5.1 All purchasers must possess a valid credit or debit card issued by a bank acceptable to us.
5.2 Placement of an order indicates that you represent and warrant (1) that all of the information that you provide to us are true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the Services ordered.
5.3 Below, we set out how a legally binding contract between you and us is made.
5.4 You place an order on the site by choosing your product, go to your shopping cart and filling out all relevant boxes. Your will finish the process by clicking the ‘order now’ button. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
5.5 When you place your order at the end of the online checkout process (eg when you click on the ‘order now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted
5.6 We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.6.1 we cannot carry out the services (this may be because, for example, we have a shortage of staff);
5.6.2 we cannot authorize your payment;
5.6.3 you are not allowed to buy the services from us;
5.6.4 we are not allowed to sell the services to you; or
5.6.5 there has been a mistake on the pricing or description of the services.
5.7 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
5.7.1 a legally binding contract will be in place between you and us; and
5.7.2 we will provide the services as agreed during the online checkout process.
5.8 Product prices are set using currency exchange rates at the time of price creation. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted. The final amount billed to the customer will be in accordance with the applicable exchange rate on the day the customer’s card issuer processes the transaction, working on the customer’s currency of payment against the rate of exchange to Euro or Namibian Dollar at the time the payment transaction is formally completed.
5.9 Errors in Service details, descriptions and prices may occur despite our efforts to ensure accuracy. If we discover an error in the pricing, description or imagery of Services, as well as delivery costings and lead times. We will inform you of an error directly via email, and we shall be under no obligation to accept or fulfil an order for a Service that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted.
5.10 If you have a query or dispute in respect of the Services, please contact us directly using the contact details provided in these Terms.
6. Right to cancel
6.1 You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (ie the work is completed) during this period.
6.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract
6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email) using the contact details at the top of this contract.
6.4 You can also electronically fill in and submit the model cancellation form or any other clear statement on our website https://www.uncovernamibia.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (eg by email) without delay.
6.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7. Effects of cancellation
7.1 If you cancel this contract while the services have not been perfomed, we will reimburse to you Eighty Percent (80%) of the payments received from you while Twenty Percent (20%) of the payments received being the service fee shall be automatically forfeited and retained by us without any further reference to you.
7.2 If any of the services had been partially performed, you must pay us for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract.
7.3 If any of the services had been fully performed, you must pay us the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (ie the work was completed) during the cancellation period.
7.4 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7.5 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. Carrying out of the services
8.1 We must carry out the services by the time or within the period set out during the online checkout process and in the Confirmation Email. If you and we have agreed no time or period, this will be within a reasonable time.
8.2 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept youinformed of the circumstances, but we will try to restart the services as soon as those events have been fixed.
9. Payment
9.1 We accept PayPal, Creditcard Payments through a link we will provide you, direct bank transfers and any other methods which may be clearly advertised on the Site.
9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
9.3 You confirm that the credit/debit card or any other form of payment being used is yours or that they have been specifically authorised by the owner to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
9.4 If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
9.5 We take reasonable care to make our Site secure.
9.6 If a customer is a registered user to our site, we will securely store their credit/debit card details on our systems. These details will be fully encrypted and only be used to process transactions you have initiated.
9.7 The price of the Services:
9.7.1 are in Euro or Namibian Dollar;
9.7.2 includes Sales Tax at the applicable rate;
10. Prohibition Of Set Off
10.1 the customer waives any right of set off they might have against us in respect of any amount which may now or in the future be or become owing by us to the customer.
10.2 the customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which we may bring against the customer for the enforcement of its rights, whether in respect of credit facilities extended by us to the customer or otherwise
11. Non-Variation
11.1 No agreement, whether to supplement, vary, add to, or cancel these terms and conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of both parties subject to these terms and conditions.
These standard terms and conditions of sale shall supersede any conflicting clauses or conditions whether verbal or otherwise contained in any customer documents.
12. End of the contract
12.1 If these Terms are ended it will not affect our right to receive any money which you owe to us under these Terms.
13. Limit on our responsibility to you
13.1 We are not legally responsible for any:
13.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) were not caused by any breach on our part;
13.1.2 business losses;
13.1.3 losses to non-consumers;
13.1.4 loss or damage, whether in contract, tort/delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use or inability to use or unavailability of our Site (or any part of it), websites linked to it, or our Services;
(b) any products, data, information or Services purchased or obtained, or messages received, or transactions entered into, through or from the Services obtained or accessed through our Site including use of or reliance on any content displayed on or made available through our Site;
(c) unauthorised access to or alteration of your transmissions or data; or
(d) any inaccuracy or incompleteness of any information received by you or by us through our Site or as part of our Services.
13.2 Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our Site is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our Site. You are responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.
14. Disputes
14.1 We will try to resolve any disputes with you quickly and efficiently.
14.2 If you are unhappy with:
14.2.1 the Services;
14.2.2 our service to you generally; or
14.2.3 any other matter,
please contact us as soon as possible.
14.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
14.3.1 let you know that we cannot settle the dispute with you; and
14.3.2 resolution of such dispute shall be governed by and construed in accordance with Namibian law, without reference to any conflict of laws provisions.
14.4 The laws of the Namibia will apply to these Terms.
15. Third party rights
15.1 No one other than a party to these Terms has any right to enforce any term of these Terms.
15.2 You agree to indemnify, defend, and hold harmless the Company its shareholders, directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of the Terms.