Welcome to Dotdune.na. Dotdune.na Services LLC
and/or its affiliates ("DotDune") provide website features and other
products and services to you when you visit or shop at Dotdune.na, use DotDune
products or services, use DotDune applications for mobile, or use software
provided by DotDune in connection with any of the foregoing (collectively,
"DotDune Services"). DotDune provides the DotDune Services subject to
the following conditions.
By using DotDune Services, you agree to these conditions. Please
read them carefully.
We offer a wide range of DotDune Services, and
sometimes additional terms may apply. When you use an DotDune Service (for
example, Your Profile, Gift Cards, DotDune Video, Your Media Library, DotDune
devices, or DotDune applications) you also will be subject
to the guidelines, terms and agreements applicable to that DotDune Service
("Service Terms"). If these Conditions of Use are inconsistent with
the Service Terms, those Service Terms will control.
Please review our Privacy
Notice, which also governs your use of DotDune Services, to
understand our practices.
When you use DotDune Services, or send
e-mails, text messages, and other communications from your desktop or mobile
device to us, you may be communicating with us electronically. You consent to
receive communications from us electronically, such as e-mails, texts, mobile
push notices, or notices and messages on this site or through the other DotDune
Services, such as our Message Center, and you can retain copies of these
communications for your records. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
All content included in or made available
through any DotDune Service, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software is the
property of DotDune or its content suppliers and protected by United States and
international copyright laws. The compilation of all content included in or
made available through any DotDune Service is the exclusive property of DotDune
and protected by NAMIBIAN and international copyright laws.
In addition, graphics, logos, page headers,
button icons, scripts, and service names included in or made available through
any DotDune Service are trademarks or trade dress of DotDune in Namibia, and
other countries. DotDune's trademarks and trade dress may not be used in
connection with any product or service that is not DotDune's, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits DotDune. All other trademarks not owned by DotDune
that appear in any DotDune Service are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored by DotDune.
LICENSE AND ACCESS
Subject to your compliance with these
Conditions of Use and any Service Terms, and your payment of any applicable
fees, DotDune or its content providers grant you a limited, non-exclusive, non-transferable,
non-sublicensable license to access and make personal and non-commercial use of
the DotDune Services. This license does not include any resale or commercial
use of any DotDune Service, or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of any DotDune
Service or its contents; any downloading, copying, or other use of account
information for the benefit of any third party; or any use of data mining,
robots, or similar data gathering and extraction tools. All rights not
expressly granted to you in these Conditions of Use or any Service Terms are
reserved and retained by DotDune or its licensors, suppliers, publishers,
rightsholders, or other content providers. No DotDune Service, nor any part of
any DotDune Service, may be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of DotDune. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of DotDune without express written consent.
You may not use any meta tags or any other "hidden text" utilizing DotDune's
name or trademarks without the express written consent of DotDune. You may not
misuse the DotDune Services. You may use the DotDune Services only as permitted
by law. The licenses granted by DotDune terminate if you do not comply with
these Conditions of Use or any Service Terms.
You may need your own DotDune account to use
certain DotDune Services, and you may be required to be logged in to the
account and have a valid payment method associated with it. If there is a
problem charging your selected payment method, we may charge any other valid
payment method associated with your account. You are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your account, and you agree to accept responsibility for
all activities that occur under your account or password. DotDune does sell
products for children, but it sells them to adults, who can purchase with a
credit card or other permitted payment method. If you are under 18, you may use
the DotDune Services only with involvement of a parent or guardian. Parents and
guardians may create profiles for teenagers in their DotDune Household. Alcohol
listings on DotDune are intended for adults. You must be at least 21 years of
age to purchase alcohol, or use any site functionality related to alcohol. DotDune
reserves the right to refuse service, terminate accounts, terminate your rights
to use DotDune Services, remove or edit content, or cancel orders in its sole
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos,
videos, and other content; send e-cards and other communications; and submit
suggestions, ideas, comments, questions, or other information, so long as the content
is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights (including publicity rights), or
otherwise injurious to third parties or objectionable, and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam" or unsolicited
commercial electronic messages. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. DotDune reserves the right (but not the obligation) to
remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and
unless we indicate otherwise, you grant DotDune a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, perform, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant DotDune and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or entity; and that
you will indemnify DotDune for all claims resulting from content you supply. DotDune
has the right but not the obligation to monitor and edit or remove any activity
or content. DotDune takes no responsibility and assumes no liability for any
content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
DotDune respects the intellectual property of
others. If you believe that your intellectual property rights are being
infringed, please follow our contact us.
RISK OF LOSS
All purchases of physical items from DotDune
are made pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
DotDune does not take title to returned items.
At our discretion, a refund may be issued without requiring a return. In this
situation, DotDune does not take title to the refunded item. For more
information about our returns and refunds, please contact us.
DotDune attempts to be as accurate as
possible. However, DotDune does not warrant that product descriptions or other content
of any DotDune Service is accurate, complete, reliable, current, or error-free.
If a product offered by DotDune itself is not as described, your sole remedy is
to return it in unused condition.
"List Price" means the suggested
retail price of a product as provided by a manufacturer, supplier, or seller.
We regularly check List Prices against prices recently found on DotDune and
other retailers. Certain products may have a "Was Price" displayed,
which is determined using recent price history of the product on DotDune.
With respect to items sold by DotDune, we
cannot confirm the price of an item until you order. Despite our best efforts,
a small number of the items in our catalog may be mispriced. If the correct
price of an item sold by DotDune is higher than our stated price, we will, at
our discretion, either contact you for instructions before shipping or cancel
your order and notify you of such cancellation. Other merchants may follow
different policies in the event of a mispriced item.
We generally do not charge your credit card
until after your order has entered the shipping process or, for digital
products, until we make the digital product available to you.
When you use apps created by DotDune, such as
the DotDune App, you may grant certain permissions to us for your device. Most
mobile devices provide you with information about these permissions. To learn
more about these permissions, contact
SANCTIONS AND EXPORT POLICY
You may not use any DotDune Service if you are
the subject of Namibian sanctions or of sanctions consistent with Namibian law
imposed by the governments of the country where you are using DotDune Services.
You must comply with all NAMIBIAN or other export and re-export restrictions
that may apply to goods, software (including DotDune Software), technology, and
Parties other than DotDune operate stores,
provide services or software, or sell product lines through the DotDune
Services. In addition, we provide links to the sites of affiliated companies
and certain other businesses. If you purchase any of the products or services
offered by these businesses or individuals, you are purchasing directly from
those third parties, not from DotDune. We are not responsible for examining or
evaluating, and we do not warrant, the offerings of any of these businesses or
individuals (including the content of their Web sites). DotDune does not assume
any responsibility or liability for the actions, product, and content of all
these and any other third parties. You should carefully review their privacy
statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DOTDUNE SERVICES AND ALL INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DOTDUNE SERVICES ARE PROVIDED
BY DOTDUNE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. DOTDUNE MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DOTDUNE SERVICES,
OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DOTDUNE
SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR
USE OF THE DOTDUNE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, DOTDUNE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOTDUNE
DOES NOT WARRANT THAT THE DOTDUNE SERVICES, INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE DOTDUNE SERVICES, DOTDUNE'S SERVERS OR ELECTRONIC
COMMUNICATIONS SENT FROM DOTDUNE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DOTDUNE WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DOTDUNE SERVICE, OR
FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DOTDUNE
SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim
relating in any way to your use of any DotDune Service, or to any products or
services sold or distributed by DotDune or through Dotdune.na will be resolved
by binding arbitration, rather than in court, except that you may assert claims in small claims court if
your claims qualify. The Namibian Arbitration Act and Namibian arbitration law
apply to this agreement.
We each agree that any
dispute resolution proceedings will be conducted only on an individual basis
and not in a class, consolidated or representative action. If for any reason a claim proceeds in
court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring
suit in court to enjoin infringement or other misuse of intellectual property
By using any DotDune Service, you agree that
the Namibian Arbitration Act, applicable Namibian law, and the laws of Namibia,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and DotDune.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on
this site. These policies also govern your use of DotDune Services. We reserve
the right to make changes to our site, policies, Service Terms, and these
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
The following terms ("Software Terms”) apply
to any software (including any updates or upgrades to the software) and any
related documentation we make available to you in connection with DotDune
Services (the "DotDune Software").
of the DotDune Software. You
may use DotDune Software solely for purposes of enabling you to use the DotDune
Services as provided by DotDune, and as permitted by these Conditions of Use
and any Service Terms. You may not incorporate any portion of the DotDune
Software into other programs or compile any portion of it in combination with
other programs, or otherwise copy (except to exercise rights granted in this
section), modify, create derivative works of, distribute, assign any rights to,
or license the DotDune Software in whole or in part. All software used in any DotDune
Service is the property of DotDune or its software suppliers and is protected
by United States and international copyright laws.
of Third Party Services. When
you use the DotDune Software, you may also be using the services of one or more
third parties, such as a wireless carrier or a mobile software provider. Your
use of these third party services may be subject to the separate policies,
Reverse Engineering. You may not
reverse engineer, decompile or disassemble, tamper with, or bypass any security
associated with the DotDune Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates
to the DotDune Software at any time and without notice to you.
5. Conflicts. In the event of any conflict between
these Conditions of Use and any other DotDune or third-party terms applicable
to any portion of DotDune Software, such as open-source license terms, such
other terms will control as to that portion of the DotDune Software and to the
extent of the conflict.