TERMS AND CONDITIONS
These terms and conditions were last updated 25 September 2010.
Welcome to My Namibia . These terms and conditions are intended to create a safe and secure place for companies and general public who choose use and interact with the My Namibia website.
Terminology: the following turn of phrase has the meanings out lined:
"My Namibia" means the registered website and company which provides a search engine for the public and its users. 'member' means a registered member of My Namibia; 'services' means any one or more of the services offered by My Namibia from time to time, including, emails and any other service that My Namibia may offer; 'we', 'us' and 'our' are a reference to My Namibia; 'you' and 'your' are a reference to you; 'My Namibia website' means any My Namibia website through which the services are offered; 'company' means any child care service related company registered on My Namibia. 'business', 'businesses' means any child care service related company registered on My Namibia
1. Privacy to assist and keep My Namibia a safe and secure search engine.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which My Namibia offers you access to the My Namibia website and its services. By registering as a member of My Namibia you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the My Namibia website and its services.
1.3 Sharing Your Content and Information
1.4 You own all of the content and information you post on the My Namibia website, and you can control how it is shared through your privacy and application settings. 1.5 Safety
1.6 We do our best to keep My Namibia safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1.6 1.You will not send or otherwise post unauthorized commercial communications (such as spam) on My Namibia.
1.6 2.You will not collect users' content or information, or otherwise access My Namibia, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
1.6 3.You will not upload viruses or other malicious code.
1.6. 4.You will not solicit login information or access an account belonging to someone else.
1.6. 5.You will not bully, intimidate, or harass any user.
1.6. 6.You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
1.6. 7.You will not use My Namibia to do anything unlawful, misleading, malicious, or discriminatory.
1.6 8.You will not do anything that could disable, overburden, or impair the proper working of My Namibia, such as a denial of service attack.
1.6 9.You will not facilitate or encourage any violations of this Statement.
1.7 Registration and Account Security
1.7.1 My Namibia users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to My Namibia relating to registering and maintaining the security of your account:
1.7.2 If we disable your account, you will not create another one without our permission.
1.7.3 If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
These terms and conditions were last updated 25 September 2010.
2.1 The services: My Namibia provides a service for businesses who want to advertise their early childhood company or company in relation to an early childhood service. My Namibia does not guarantee an increase of business or an increase of child enrolments. We do not act as agent for businesses enlisted on our website.
2.2 At your own risk: Contact between you and businesses enlisted on our web site are conducted entirely at your own risk. You agree that My Namibia takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. My Namibia gives no undertakings, representations, or warranties in relation to the service being offered on the My Namibia website, including:
a.as to the content, safety, description, worthiness, quality, or legality of the companies that are listed on the My Namibia Website;
c.as to the truth or genuineness of advertisement;
d.that any company listed in the search engine, will meet your requirements or expectations.
2.3 Disclaimer: You clearly understand and agree that:
a.your use of the My Namibia website is at your sole risk. The My Namibia website is soley provided as search engine for companies wanting to advertise a service for children or in relation to children
b. responsibility for the content of advertisements appearing on My Namibia website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. Each advertiser is solely responsible for any representation made in connection with its advertisement.
2.4 Breach: My Namibia may disconnect your membership and remove your advertisement if My Namibia s terms and conditions are breached or if My Namibia feels for any reason you have misused the My Namibia service inappropriately.
3.BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free for 2011. You may only register as a member if you are resident in or Australia that holds a current and valid passport or appropriate Visa.
3.2 The cost to advertise on My Namibia will be released to current advertisers and new advertisers in January 2012. The cost is to be confirmed. 3.3 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member.
3.4 You will not solicit login information or access an account belonging to someone else
3.5 Termination of membership: My Namibia reserves the right to decline to register or to terminate your membership at My Namibias discretion. Without limiting the foregoing, My Namibia may terminate your membership if a serious complaint or multiple complaints are received about you from other members and My Namibia deem your behaviour to be unacceptable. My Namibia reserves the right to disconnect your membership when membership fees are not paid
3.4 Security of your login information: You are liable for keeping your login information, including your email address and password, secret and secure. Without limiting the above mentioned, you agree:
a.not to authorize any other person to use your user name or membership; and
b.not to reveal, or supply to any other person, your password, email address, or any other information in connection with your membership that may allow them to gain access to your My Namibia membership account.
3.5 Emails and newsletters: My Namibia will send you emails relating to your membership, transactions and other activities on the My Namibia Website. My Namibia may send regular electronic newsletters to members, members are able to unsubscribe from the mailing list at any time.
a.All advertising or communications made through My Namibia shall be made in good faith.
b.You must not damage, interfere with or harm the My Namibia Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
c.You may not use a robot, spider, scraper or other unauthorised automated means to access the My Namibia Website or information featured on it for any purpose.
d.You must not complete a transaction outside of the My Namibia process or otherwise seek to avoid My Namibia's success fees. Attempts by you to avoid fees, including through multiple memberships, or otherwise, may result in My Namibia suspending or terminating your membership at the discretion of My Namibia.
i.You must not use the My Namibia Website to advertise any other business unless related to an early childhood service.
j.You are responsible for any actions taken through your membership. My Namibia memberships are not transferable and therefore can not be sold, leased, lent or traded
5.FEES AND ACCOUNTS
5.1 My Namibia membership fees:
a.My Namibia charges fees for the use of the My Namibia Website as a an advertising site.
b.My Namibia reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a fee an email will be sent to all account members. c. If you are a resident, then all fees are inclusive of GST and in dollars unless otherwise stated. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to My Namibia account balances.
d. Before listing your company, you should review My Namibia's fees to ensure you are aware of the fees that you will incur.
e.You must pay the fees immediately upon demand by My Namibia.
5.2 My Namibia Accounts (need to verify how much it costs when a member makes a transaction)
a.My Namibia maintains credit accounts for each member and from which members must pay fees.
c. You must settle any negative account balance immediately. My Namibia reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that My Namibia incurs when collecting that debt.
6.1 System Integrity: My Namibia will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, My Namibia takes no responsibility for any system unavailability, or for any loss that is incurred as a result of My Namibia Website or Services being unavailable. Further, My Namibia assumes no responsibility for the corruption of any data or information held by My Namibia.
6.4 My Namibia has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of My Namibia to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of My Namibia.
6.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 6.7 Governing Law: These terms and conditions are governed by the laws of . You submit to the non-exclusive jurisdiction of the Courts of .
6.8 Intellectual Property Rights: My Namibia (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the
7.1You may not without our prior written permission, in any form or by any means:
a.Adapt, reproduce, copy, store, distribute, display, perform, publish or create derivative works from any part of this Website; or
ii.Commercialise, copy, or on-sell any information, or items obtained from any part of the My Namibia website.
8. Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
7. REFUND POLICY
If you are not 100% satisfied with our service, within 30 days from the sign up date, we will fully refund the cost of your order.
What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information or My Child. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience
(your information helps us to better respond to your individual needs)
; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
; To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
; To administer a contest, promotion, survey or other site feature
; To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page.