a. The headings to the clauses of this agreement are for reference and convenience purposes only and shall not aid in the interpretation of the clauses to which they relate.
b. In this agreement unless a contrary intention clearly appears:
i. the singular shall include the plural and vice versa;
ii. words indicating persons shall include partnerships, companies, closed corporations and other legal personae;
iii. words indicating the one gender shall import and include the other genders.
c. The following words shall have the meaning herein assigned to them unless the context otherwise indicates:
i. “MSME” means Micro, Small and Medium Enterprises as defined in the national MSME Development Policy of 2016.
ii. “Personal Information” means information about an identifiable, natural or juristic person and legal business, including but not limited to, information about telephone number, email, postal or street address and location.
iii. “Business” means commercial operation or company
iv. “App Store” means your device’s application store provided by Apple, Google or any other similar service provider, as is application to you, from which you use the In4MSME App.
v. “Application Owner”, “Us” or “We” means the Namibia Investment Promotion and Development Board.
vi. “Third Party Service Provider” means any company or business tasked by the NIPDB to render services and/or skills that contribute to the development, design, maintenance, hosting, testing, or other tasks associated with providing the In4MSME App.
vii. “User” or “You” means the person making use of the services and/or information provided by the In4MSME App.
viii. “Smart Phone” means any mobile device with the ability to download, install and run the In4MSME App.
ix. “MTC” means Mobile Telecommunications Limited, Namibia
x. “NIPDB”means the Namibia Investment Promotion and Development Board
a. To list your business in the directory the User must register for the In4MSME App.
During the registration process the User will be asked to provide their Personal Information.
b. Only MSMEs are allowed to list their business with the directory.
c. To register you must create an account to securely use the In4MSME App.
d. A User does not have to register if the User only wants to make use of the directory search functionality.
3. Use of the In4MSME App
a. The User agrees to only use the In4MSME App on a device for which it is intended as allowed by the usage rules set out in your App Store’s terms of service.
b. The User also agrees to only use the In4MSME App for the intended purposes.
c. The User will only make use of the latest version of the In4MSME App at all times.
4. Cellphone requirements
a. The User must have access to a Smartphone and cellular data services.
b. The User will be solely responsible for all related costs and expenses in connection with accessing and utilising the In4MSME App.
c. Should the Smartphone requirements be modified for any reason, the resultant costs of any new Smart Phone of cellular data services will be for the User’s own account.
5. Duties of the User
a. The User must keep his/her login credentials secret. The details must not be disclosed to any unauthorised person.
b. The User must take all reasonable precautions to prevent unauthorised use of the In4MSME App.
c. The user must ensure that all information provided by the User is accurate and current.
d. If the User suspects that his/her login credentials have been compromised, the User must immediately change the password associated with the account and immediately notify the Application Owner at firstname.lastname@example.org.
6. Liability for loss or damage
a. The user acknowledges that the use of the In4MSME App is solely at the user’s own risk.
b. The Application Owner of In4MSME will not be held responsible for any damages, loss or consequential damage which the user may suffer as the result of: any disclosure of the users login credentials; any malfunction or defect in the cellphone used by the user; any act or omission by the Network Service Provider; any defect in the In4MSME App; any service being unavailable or offline; any viruses or malicious software that may affect the user’s device; erroneous, unauthorised, incomplete, incorrect or unlawful information provided by the user; or any other circumstances not reasonably within the Application Owner’s or Third Party Service Provider’s control.
7. Indemnity and warranty by the user
a. The user indemnifies the Application Owner and Third Party Service Provider(s) against any damage, loss and/or consequential damage that user may suffer as a result of any disclosure of the users login credentials; any malfunction or defect in the cellphone used by the user; any act or omission by the Network Service Provider;
any defect in the In4MSME App; any service being unavailable or offline; any viruses or malicious software that may affect the user’s device; erroneous, unauthorised, incomplete, incorrect or unlawful information provided by the user; or any other circumstances not reasonably within the Application Owner’s or Third Party Service Provider’s control.
b. The user hereby warrants to the Application Owner that the user has the legal capacity to enter into and be bound by these terms and conditions.
8. Confidentiality of information and security
a. The User acknowledges that information transmitted through any wireless communication system is susceptible to unlawful access, distortion and monitoring and that the Client uses the Access Channel at its own risk. The Parties agree to take all reasonable precautions to protect the confidentiality of information and to prevent disclosure of any information to any third party.
9. Consent to jurisdiction
a. The User hereby consents in terms of section 45 of the Magistrates’ Court Act, 32 of 1944 that any legal proceedings, which have to do with this agreement, may be instituted in any magistrate’s court which (in terms of section 28 of the Magistrates’ Court Act) has jurisdiction over the User.