Terms of Service

1. Definitions

The following terms have the meanings set out below wherever used in this Agreement:

• "Platform" — The NamQritique website (namqritique.com), any associated mobile applications, and all services, features, and functionality available through them.
• "User" — Any individual or entity who accesses, browses, or uses the Platform in any capacity.
• "Consumer" — A User who registers to post compliments or complaints about businesses.
• "Business Subscriber" — A business entity that subscribes to a paid tier plan to respond to User Content, access analytics dashboards, and receive advertising benefits.
• "User Content" — Any text, images, ratings, photos, audio, video, or other material submitted by a User to the Platform, including reviews, complaints, compliments, and responses.
• "Platform Content" — All content on the Platform, encompassing User Content, NamQritique-created content, and third-party content.
• "Subscription Plan" — A paid business tier (Bronze, Silver, or Gold) or the Consumer Premium plan, as described in Section 3.
• "Applicable Law" — The laws of the Republic of Namibia, including but not limited to the Electronic Transactions Act 4 of 2019 and applicable common law principles governing defamation, privacy, and consumer protection.
• "Business Day" — Any day other than a Saturday, Sunday, or Namibian public holiday.

2. Acceptance of Terms

By accessing, registering on, posting content to, subscribing to, or otherwise using the Platform, you represent and warrant that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater.
• If acting on behalf of a company, close corporation, or other legal entity, you have the authority to bind that entity to these Terms.
• You have read and agree to these Terms, the Privacy Policy, and the Content Policy.
• All information you provide is accurate, complete, and current.

We may amend these Terms at any time. Material changes will be communicated by email and via a prominent platform notice not less than 14 days before taking effect. Continued use of the Platform after the effective date of any revision constitutes your acceptance of the revised Terms. If you do not accept revised Terms, you must close your account and cease use.

3. Platform Description & Subscription Plans

NamQritique is a neutral consumer intelligence platform that enables Consumers to post reviews (compliments and complaints) about businesses in Namibia, and enables businesses to engage with that feedback, access analytics, and advertise to relevant audiences.

3.1 Consumer Accounts

• Free Tier: Available at no charge. Includes access to read and post reviews. Advertising is displayed on free accounts.
• Consumer Premium — NAD 100/month: Ad-free browsing and posting experience. Billed monthly in advance. Automatically renews unless cancelled.

3.2 Business Subscription Tiers

Businesses must maintain an active paid subscription to respond to reviews publicly, access analytics dashboards, and receive advertising placements. The current tiers are:

Subscription pricing, features, and tier names may be updated at our discretion with 30 days' written notice. Continued use after price changes take effect constitutes acceptance.

4. User Accounts

4.1 Registration

• You must register with a valid email address and, where required, a valid phone number.
• You must provide accurate, current, and complete information and keep it updated.
• Accounts are for personal use only. You may not register multiple accounts or accounts on behalf of others without our consent.
• You may not impersonate any person or entity or misrepresent your identity or affiliation.

4.2 Account Security

• You are solely responsible for maintaining the confidentiality of your login credentials.
• You accept full responsibility for all activities conducted through your account.
• You must notify us immediately of any suspected unauthorised access at namqritique@gmail.com.
• We will not be liable for any loss arising from unauthorised use of your account due to your failure to secure your credentials.

4.3 Prohibited Users

You may not use the Platform if you have been previously banned or suspended, if you lack the legal capacity to enter binding contracts under Namibian law, or if your registration would violate any Applicable Law.

5. User-Generated Content

5.1 Your Responsibility

You are solely and entirely responsible for all content you post on the Platform. NamQritique does not author, endorse, verify, or assume responsibility for User Content. By posting content, you represent and warrant that:

• The content is based on a genuine, first-hand personal experience with the business reviewed.
• The content is truthful and accurate to the best of your knowledge and does not contain wilful misrepresentations.
• You are the author of the content or hold all necessary rights to post it.
• The content does not violate any Applicable Law, including laws governing defamation, privacy, intellectual property, or hate speech.
• The content does not infringe the rights of any third party.

5.2 Prohibited Content

The following content is strictly prohibited and may result in immediate removal and account termination:

• Content that is false, fabricated, misleading, defamatory, libellous, or slanderous.
• Content that threatens, harasses, intimidates, or bullies any person or business.
• Content containing hate speech or discrimination on the basis of race, gender, religion, disability, sexual orientation, or any other protected ground.
• Content that discloses personal information (names, contact details, addresses) of individuals without their consent.
• Spam, commercial advertising, or promotional content.
• Content that facilitates or promotes any illegal activity.
• Fake reviews — including reviews by competitors, paid reviewers, or business associates reviewing their own business.
• Content that infringes any intellectual property rights.

5.3 Licence Grant

By submitting User Content to the Platform, you grant NamQritique a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to use, host, reproduce, modify, adapt, publish, translate, distribute, display, and perform your User Content solely in connection with operating, promoting, and improving the Platform. You waive any moral rights in your User Content to the extent permitted by Applicable Law.

5.4 Content Removal

We reserve the right — but not the obligation — to review, moderate, edit, or remove any User Content at our sole discretion and without prior notice. Exercise of this right does not create any obligation to monitor content, and removal does not constitute an admission of liability.

6. Business Subscribers

• Business Subscribers must maintain an active paid Subscription Plan to publicly respond to User Content, access analytics dashboards, and receive advertising placements.
• By subscribing, the representative warrants that they are duly authorised to act on behalf of the business and to bind it to these Terms.
• Business responses must comply with these Terms and the Content Policy. Subscribing does not grant any editorial control over User Content posted by Consumers.
• Businesses must not solicit, incentivise, coerce, threaten, or otherwise attempt to manipulate reviewers — positively or negatively. Violation constitutes grounds for immediate account termination without refund.
• Business Subscribers must respond to reviews professionally, courteously, and in good faith.
• We may modify, suspend, or discontinue subscription plans at our discretion.

7. Content Moderation & Takedown

7.1 Platform Role

NamQritique is a neutral platform host and does not author, edit, endorse, or publish User Content. We are a distributor of User Content, not a publisher, and do not assume liability for such content except as required by Applicable Law.

7.2 Moderation

We may moderate content in accordance with our Content Policy. Users may flag content they believe violates our policies. Flagged content is reviewed within 48 Business Hours. We may remove or restrict content that we reasonably believe violates these Terms without notice.

7.3 Takedown Notices

If you believe that User Content is unlawful, defamatory, or infringes your rights, submit a formal written Takedown Notice to namqritique@gmail.com containing: (a) your full name and contact details; (b) a description of the content and the grounds for your complaint; (c) a statement confirming the accuracy of your complaint. We will review and respond within a reasonable time. We may share takedown notices with the User whose content is the subject of the complaint.

7.4 Appeals

Users whose content has been removed or accounts actioned may appeal within 14 days by contacting moderation@namqritique.com with full supporting details. Appeals are reviewed by a senior moderator not involved in the original decision. Our decision on appeal is final.

8. Intellectual Property

8.1 Platform IP

The Platform, including its design, code, branding, trademarks, logos, and all NamQritique-created content, is the exclusive property of Montserrat Investments CC and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our intellectual property without prior written consent.

8.2 User Content IP

You retain ownership of your User Content subject to the licence granted in Section 5.3.

8.3 Feedback

If you submit suggestions, ideas, or feedback about the Platform, you grant NamQritique an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify, and commercialise that feedback without obligation or compensation to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless NamQritique, Montserrat Investments CC, and their respective affiliates, shareholders, directors, officers, employees, agents, and partners (collectively, "NamQritique Entities") from and against any and all claims, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees on an attorney-and-own-client scale) arising out of or relating to:

• Your User Content, including any claim that your content is defamatory, libellous, inaccurate, or infringes any third-party right.
• Your use of or inability to use the Platform.
• Your breach of any provision of these Terms or any warranty given herein.
• Your violation of any rights of a third party, including intellectual property or privacy rights.
• Your violation of any Applicable Law.

NamQritique may, at its election, assume sole control of the defence of any matter subject to indemnification by you, at your cost. You may not settle any claim that imposes liability or obligation on NamQritique without our prior written consent. This indemnity constitutes a stipulation for the benefit of the NamQritique Entities, capable of acceptance at any time.

11. Termination

11.1 Termination by You

You may close your account at any time through your account settings. Closure does not entitle you to a refund of any prepaid subscription fees except as set out in the Refund Policy. Your obligations under Sections 5, 8, 9, 10, and 12 survive termination.

11.2 Termination by NamQritique

We may suspend or terminate your account or access to the Platform, with or without notice, for:

• Any breach of these Terms or our Content Policy.
• Posting unlawful, defamatory, or harmful content.
• Non-payment of subscription fees.
• Any conduct we reasonably deem harmful to the Platform, other Users, or third parties.
• Any other reason at our sole discretion.

Termination for cause does not entitle you to any refund. Following termination, we may retain User Content in anonymised or aggregated form for platform integrity purposes.

12. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Namibia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the High Court of Namibia, Main Division, Windhoek, for the resolution of any dispute arising from or relating to these Terms or the Platform. You waive any objection to this jurisdiction or to the laying of venue in Windhoek.

Nothing in these Terms limits any rights you may have under mandatory provisions of Namibian consumer protection law.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy, Content Policy, Refund Policy, and any Business Subscription Agreement, constitute the entire agreement between you and NamQritique with respect to your use of the Platform and supersede all prior or contemporaneous agreements.

13.2 Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign, transfer, or sub-licence your rights or obligations under these Terms without our prior written consent. NamQritique may assign these Terms at any time without restriction.

13.5 Notices

Notices to NamQritique must be sent to namqritique@gmail.com or to our registered office in Windhoek, Namibia. Notices to you will be sent to the email address provided during registration and are deemed received upon transmission unless returned undelivered.

13.6 Third-Party Sites

The Platform may contain links to third-party websites. NamQritique does not control or endorse such sites and is not liable for their content, availability, or practices. Your use of third-party sites is at your own risk.

13.7 Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email and a prominent platform notice at least 14 days before taking effect. The "Effective Date" at the top of this document reflects the most recent revision. Continued use constitutes acceptance of revised Terms.

14. Contact

Legal queries: namqritique@gmail.com | Montserrat Investments CC, Windhoek, Namibia