TERMS & CONDITIONS

Introduction

1. These terms and conditions shall govern your use of the website of The Namibian Green Hydrogen Association (“Association” or “NamGHA” or “We”), including the access and use of the information, and functions provided on www.namgha.org (“Website”).
2. By using our Website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use and refrain from using our Website.
3. NamGHA has been established by its members who formed the Association which is governed by the terms and conditions provided for in its constitution (“Constitution”). NamGHA is a non-profit association which has not been formed and does not exist for the purpose of carrying on any business that has for its object the acquisition of gain by the Association or its individual members. NamGHA is and shall continue to be a distinct and separate legal entity from that of its members, with the power to acquire, hold and alienate property of every description whatsoever, and enter into contracts in its own name, enjoying perpetual succession and with the capacity to acquire rights and obligations distinct from that of its members.

Licence to use Website

1. You may:
   • view pages from our Website in a web browser;
   • download pages from our Website for caching in a web browser;
   • print pages from our Website;
   • stream audio and video files from our Website; and
   • use our Website services by means of a web browser.
2. Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our Website.
3. Unless you own or control the relevant rights in the material, you must not:
   • republish material from our Website (including republication on another Website);
   • sell, rent or sub-license material from our Website;
   • show any material from our Website in public;
   • exploit material from our Website for a commercial purpose; or
   • redistribute material from our Website.

We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

Acceptable use

1. You must not:
   • use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
   • use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
   • use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
   • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
   • violate the directives set out in the robots.txt file for our Website; or
   • use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must not use data collected from our Website to contact individuals, companies or other persons or entities.
3. You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
4. Linked third party websites and third party content
   • NamGHA may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and NamGHA does not endorse, nor does the inclusion of any link imply NamGHA’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
   • While NamGHA tries to provide links only to reputable websites or online partners, NamGHA cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of NamGHA. NamGHA is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
   • You agree that NamGHA shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

Limited warranties

1. NamGHA makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
   • NamGHA does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. NamGHA expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
   • whilst NamGHA has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system;
   • NamGHA disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which NamGHA receives it and statements from external parties are accepted as fact.
   • NamGHA makes no representations or warranties that the material on the Website is up to date; or
   • NamGHA makes no representations or warranties that the Website or any service on the Website will remain available.
2. We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.

Usage restrictions

The user hereby agrees that it shall not itself, nor through a third party:

1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms and Conditions;
2. decompile, disassemble or reverse engineer any portion of the Website;
3. write and/or develop any derivative of the Website or any other software program based on the Website;
4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of NamGHA;
5. without NamGHA’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
6. remove any identification, trademark, copyright or other notices from the Website;
7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
8. notwithstanding anything contained to the contrary in these Terms and Conditions, use the Website for any purpose other than personal, non-commercial and information purposes.

Security

1. In order to ensure the security and reliable operation of the services to all NamGHA’s users, NamGHA hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
2. You may not utilise the Website in any manner which may compromise the security of NamGHA’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should NamGHA suffer any damage or loss, civil damages shall be claimed by NamGHA against the user.

Intellectual Property

1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
   “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by NamGHA, now or in the future, including without limitation, NamGHA’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, NamGHA and as such are protected from infringement by local and international legislation and treaties.
3. By submitting reviews, comments and/or any other content (other than your personal information) to NamGHA for posting on the Website, you automatically grant NamGHA and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
5. Except with NamGHA’s express written permission, no proprietary material from this Website may be copied or retransmitted.
6. Irrespective of the existence of copyright, the user acknowledges that NamGHA is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
7. NamGHA authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

Risk, Limitation of Liability and Indemnity

1. The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall NamGHA be liable for any loss, harm, or damage suffered by the user as a result thereof. NamGHA reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should NamGHA deem it necessary.
3. To the extent permissible by law:
   • Neither NamGHA, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if NamGHA knows or should reasonably have known or is expressly advised thereof.
   • The liability of NamGHA for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to NamGHA rectifying the malfunction, within a reasonable time and free of charge, provided that NamGHA is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of NamGHA. However in no event shall NamGHA be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
   • You hereby unconditionally and irrevocably indemnify NamGHA and agree to hold NamGHA free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by NamGHA or instituted against NamGHA as a direct or indirect result of:
     • your use of the website;
     • software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of NamGHA;
     • your failure to comply with any of the terms or any other requirements which NamGHA may impose from time to time;
     • the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
     • any unavailability of, or interruption in, the service which is beyond the control of NamGHA.
4. NamGHA makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against NamGHA for any LOSS suffered by you, as a result of information supplied by NamGHA being incorrect, incomplete or inaccurate.

Confidentiality

1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any use of this Website. You shall notify NamGHA should you discover any loss or unauthorised disclosure of the information.
2. Any information or material sent to NamGHA will be deemed not to be confidential, unless otherwise agreed in writing by the user and NamGHA.

Breaches of these Terms and Conditions

1. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, or if you, in the sole discretion of NamGHA, use the Website in an unauthorised manner; or infringe any statute, regulation, ordinance or law, we may:
   • without notice, in addition to any other remedy available to it at law or under these Terms and Conditions, including obtaining an interdict, to cancel these Terms and Conditions, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to NamGHA’s right to claim damages, should any user.
   • send you one or more formal warnings;
   • temporarily suspend your access to our Website;
   • permanently prohibit you from accessing our Website;
   • block computers using your IP address from accessing our Website;
   • contact any or all your internet service providers and request that they block your access to our Website;
   • commence legal action against you, whether for breach of contract or otherwise;
2. Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

1. We may revise these Terms and Conditions from time to time.
2. The revised Terms and Conditions shall apply to the use of our Website from the date of publication of the revised Terms and Conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions.

Severability

1. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third Party Rights

1. These Terms and Conditions are for our benefit and your benefit, and these Terms and Conditions are not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under these Terms and Conditions is not subject to the consent of any third party.

Law and Jurisdiction

1. These Terms and Conditions shall be governed by and construed in accordance with Namibian law.
2. Any disputes relating to these Terms and Conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of Namibia.

Our Details

1. This Website is owned and operated by NamGHA.
2. We are non-profit association called ‘The Namibian Green Hydrogen Association’ and with the abbreviation name “NamGHA” , and our statutory address is at 7^th Floor, South Block, 23-33 Fidel Castro Street, Windhoek, Namibia.
3. You can contact us by writing to the email address given below, by using our Website contact form: secretary@namgha.org or chairperson@namgha.org.

© Copyright Namibian Green Hydrogen Association (“NamGHA”). All Rights reserved.