The Windhoek Guide - Your Guide to Namibia's Capital

Welcome to "Visit Windhoek - The Windhoek Guide" web site. This web site is produced, maintained and marketed by Proudly Namibian Media Group (t/a Proudly Namibian Recreation Centre CC) (hereinafter called "Proudly"). Please read these Terms & Conditions, Privacy Policy and Disclaimer carefully before using this site as by using this site, you signify that you agree to these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, please do not use this web site. 

 

Disclaimers/ Warranties

• This web site is provided to you without any warranties or guarantees unless specifically stated. Proudly cautions you that all the information contained in this web site, including but not limited to details of attractions, events, accommodation, tours and experiences, is intended for general information purposes only and although care is taken, information may contain errors or be incomplete or become outdated.
• While Proudly has made all reasonable efforts to ensure that the information on this web site is correct at the time of inclusion, Proudly shall not be liable to any person or entity for use or reliance of any inaccurate information or opinions contained herein.
• Where reference is made to suppliers of services it is recommended that prospective users liaise directly with these operators to confirm any information that they seek to rely on. 
• Any such reference made by Proudly to any company or other entity or to their services or product is not an endorsement nor should it be construed as such endorsement of the quality or fitness of purpose of that company or entity or its services or products.
• To the best of our knowledge all information that is included in the Events section was correct at the time of publication. However, information is subject to change and Proudly can under no circumstances accept liability for inaccurate information conveyed.

 

Use of Web Site

• We retain all rights, title and interest in and to all information displayed on this web site, unless indicated otherwise.
• You shall not use this web site for any illegal purposes and in particular agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person or any statutory legislation.
• You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this web site or with the enjoyment of this web site by other visitors.
• You hereby indemnify Proudly and hold it harmless against any costs, claims, losses and damages (including legal fees on an attorney and own client scale) incurred by, suffered by, or awarded against Proudly as a result of your misuse of this web site or your breach of these Terms & Conditions.
• You acknowledge that absolute security of this site, or transactions performed on it, is not possible. Proudly has the right to take whatever action it considers appropriate to preserve the security of this site or transactions performed on it. Proudly is entitled to suspend your access to this site without notice to you.
• The use of this web site is free, except in cases of commercial listings and advertising as set out on the Advertising & Listing section.

 

Intellectual Property Rights

• Please be aware that the content of this site (except where otherwise stated) is the property of Proudly and is protected by Namibian and international copyright laws. All copyright trademarks (registered, pending or unregistered), business names and other intellectual property rights used as part of this web site are vested in Proudly and /or its licensors.
• Proudly wishes to thank our esteemed partners, stakeholders and the Namibian Tourism Board with its free library at www.fotoseeker.com for the use of their photographs on this site.
• You acquire no rights in the web site other than the limited right to use the web site in accordance with these Terms & Conditions.
• You are permitted to print out or download information and content from this web site for your own personal, non-commercial use. You may not offer for sale or sell or distribute over any medium, any part of this web site or its content. You may not make any part of the web site available as part of another web site, whether by hyperlink framing on the Internet or otherwise unless you have been authorised to do so in writing by Proudly. Setting a link to www.visitwindhoek.net or www.windhoek-guide.net is allowed for any site not containing any illegal, erotic or discriminating information.
• If you do use the content of this site for unauthorised purposes, or if you use any other intellectual property belonging to Proudly and its licensors you will be liable to Proudly for any damages it may suffer (which you acknowledge it may suffer) and you may also be liable to criminal prosecution. You indemnify Proudly for every single consequence flowing from your unauthorised use of the content of this site and your use of Proudly's other intellectual property.
• This site makes use of GNU and Open Source solutions, where the respective GNU, GPL and open source licence agreement apply.

Collection of Information and Privacy

• Proudly will not collect any information from users without their express authorisation. Proudly recognises that you wish your personal information to remain private. Please see our Privacy Policy at the end of this page for further details.
• You give Proudly the right to perform statistical analyses of the personal data provided by you and to use or allow other parties to use such data for research. No personally identifiable information will be wilfully disclosed.
• Some parts of this site can only be used by registering and thus supplying Proudly with the necessary registration information. The Privacy Policy at the end of the page applies in these cases as well.

 

Links to other Sites

• While this web site may provide links to other web sites, Proudly has no control over such sites. Links are provided for convenience only and no endorsement of any party, products or services is expressed or implied.
• Proudly accepts no liability for the accuracy or otherwise of any content or security of any activity carried out on other such sites. Your use of such sites is at your sole risk.
• We reserve the right to seek all remedies available by law for your violation of these Terms & Conditions and or any other rules set forth on this web site.

 

Limitation of Liability

• Proudly does not accept any liability to you or as required by law whether in contract or delict arising out of or in connection with this web site. You accept all responsibility and risk for the use of this web site and its contents.
• You shall have no claim against Proudly for any damages which may be suffered by you or by any third party from any cause whatsoever, howsoever arising, including, but not limited to any act, omission, default or negligence of Proudly, failure by Proudly to comply with the privacy policy, breach of security or the Terms & Conditions by any person including Proudly, your reliance on the content of this site or information or advice provided to you, performance of the software, suspension or interruption of your access to this site, or distortion, corruption or loss of data. Damages shall include direct, indirect, general, special, incidental, punitive and consequential.

 

Jurisdiction Restrictions

• This web site is operated by Proudly from its offices within the Republic of Namibia. It can be accessed from all countries around the world where the local technology and legal framework permits.
• Your use of this web site and these Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Namibia. You consent to the jurisdiction of the courts of the Republic of Namibia in respect of all proceedings arising from these Terms & Conditions and any other terms contained on this web site.

Security

• Proudly has invested and will continue to invest in the best quality security available to guard access to information, data quality and physical security of servers where information is stored. This site has security measures in place to protect against the loss, misuse and alteration of the information under Proudly's control. Despite these efforts, Proudly cannot guarantee that a hacker will not obtain access to communications between you and the site.

 

General

• In case any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any of the remaining provisions.
• These Terms & Conditions apply to general use of this site. If specific terms relating to any product or service offered on this site conflict with these Terms & Conditions, the specific terms will apply.
• These Terms & Conditions constitute the entire agreement between you and Proudly regarding your access to and use of this web site.
• Proudly's failure to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision.
• In using this site, you undertake to conform to generally acceptable Internet etiquette and to abide by prevailing law.
• Proudly may revise and update these Terms & Conditions, so please check them each time you access this site as your continued use of this site means that you accept those revisions and updates.

BOOKINGS & RESERVATIONS (TRAVEL SERVICE)

The following Terms & Conditions govern all reservation / booking requests or actual reservations / bookings initiated by using Visit Windhoek - The Windhoek Guide.

Any booking request or booking by you through this web site will be deemed to be an offer by you occupy the relevant accommodation or hire the relevant car under these Terms & Conditions.

The person who makes the booking must be at least 18 years of age at the time of booking and accepts these Terms & Conditions on behalf of all members of the party and is also responsible for all payments due from the party.

A booking requests / bookings made by you will be under the assumption that you have read and accepted the Terms & Conditions. Please note that sending us a booking request is not a confirmed booking!

• Contract

Visit Windhoek - The Windhoek Guide only functions as a booking service and neither as a travel agency or tour operator. All contracts are only valid between the person booking and the company offering the service (e.g. hotel, car rental company).

A confirmation of booking will be issued by the company offering the service.

• Payment

Payment has to be done directly between you and the company offering the service and as outlined in the reservation request answer you receive from us. In most cases a pre-payment is required and can be paid by credit card or bank transfer. All costs involved are on your account.

All rates, prices and promotions are subject to availability, change or termination without notification.

• Conduct

It is your responsibility to make sure your party does not behave in a way that endangers or causes offence to others. It is also your responsibility to ensure that no damage occurs to property belonging to others. If you or any member of your party is deemed to have behaved in such a manner then we have the right to terminate your arrangements with us and to remove you from the property if necessary.

We ask you to treat the locals and other guests and holidaymakers in a courteous and considerate manner at all times.

• Liability

Visitwindhoek.net accepts no liability in regards to any aspect of the booking; and in particular accepts no liability for any loss, personal injury/illness or death regardless of the circumstances. We use all reasonable care in making sure that the information provided to you is accurate; that the quality of the facilities and accommodation remains high, but we cannot accept any liability whatsoever for any problems that may arise during your stay in one of the hotels.

• Cancellations, Changes, Refunds

Cancellations, Changes and Refunds are subject to the terms & conditions of the company offering the service. We will issue you with these terms & conditions on request.

Please note any amendment is required to be in writing. Any amendment to a confirmed booking is subject to availability and any cancellation due to amendment may incur the above cancellation fees.

 

PRIVACY POLICY

• Your personal information is not required in order to access the web site. However, from time to time Proudly may perform research via surveys. All survey responses are voluntary and the information collected will only be used for research purposes to help Proudly better understand the web site users. Such information will not be wilfully disclosed.
• In case of wanting to make use of special features like e.g. listings of accommodation, restaurants and events, a compulsory registration is necessary.
• Proudly keeps track of the number of visitors to the site, the pages they visit and their duration to help us maintain accurate, timely, complete and relevant information for Proudly's business purposes.
• When you provide your electronic mail address Proudly agrees not to use it in any manner that you do not consent to nor alert any other parties of your address without your consent. It is Proudly's intention to only send email communications to users who have consented to receive email from Proudly. These communications will relate to promotions and offers. At any time you may opt out of receiving email by following the directions posted on every email communication.
• Proudly co-operates with all law enforcement agents and reserves the right to disclose personally identifying or aggregate information in connection with a subpoena or other court-sanctioned demand for such information.
• Proudly may place a "cookie" on your web site server. Proudly does not use such "cookies" to store passwords. "Cookies" do not tell anyone of your individual identity unless you have chosen to provide it.

 

Date: 6 April 2010