Terms and Conditions

1.1. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Esinako Investments CC, a close corporation duly registered under the Close Corporations Act (No. 26 of 1988) of the Republic of Namibia ("LinkNamibia," "we," "us," or "our").

1.2. These Terms govern your access to and use of the LinkNamibia online marketplace platform, including all associated websites, applications, services, and tools (collectively, the "Platform").

1.3. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease using the Platform.

1.4. These Terms are governed by and shall be interpreted in accordance with the laws of the Republic of Namibia, including but not limited to the Electronic Transactions Act (No. 4 of 2019) and applicable consumer protection legislation.

2.1. In these Terms, unless the context indicates otherwise:

• "Platform" means the LinkNamibia website, mobile application, and all related digital services operated by Esinako Investments CC.
• "User" means any individual or entity that accesses or uses the Platform, including both Customers and Artisans.
• "Customer" means a User who uses the Platform to search for, request, or engage the services of an Artisan.
• "Artisan" means a User who offers professional trade, craft, or service skills through the Platform, operating as an independent contractor.
• "Service Request" means a request submitted by a Customer through the Platform describing the work or services they require.
• "Job" means an engagement or agreement between a Customer and an Artisan for the performance of specific work or services, facilitated through the Platform.
• "Content" means all text, images, data, information, and other materials uploaded, posted, or otherwise made available on the Platform by any User.
• "Verification" means the process by which LinkNamibia reviews documents submitted by an Artisan to confirm their identity or qualifications.

3.1. To access certain features of the Platform, you must create an account by providing accurate and complete registration information.

3.2. You must be at least eighteen (18) years of age to register for an account and use the Platform. By registering, you represent and warrant that you meet this age requirement.

3.3. Each individual is permitted to maintain only one (1) account on the Platform. The creation of multiple accounts by the same individual is strictly prohibited and may result in the suspension or termination of all associated accounts.

3.4. You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify LinkNamibia immediately of any unauthorized use of your account or any other breach of security.

3.5. You are responsible for all activities that occur under your account, whether or not you have authorized such activities. LinkNamibia shall not be liable for any loss or damage arising from your failure to maintain the security of your account.

3.6. You agree to provide and maintain accurate, current, and complete information in your account profile. LinkNamibia reserves the right to suspend or terminate accounts that contain inaccurate, misleading, or fraudulent information.

4.1. LinkNamibia operates as an online marketplace and intermediary platform that facilitates connections between Customers seeking services and Artisans offering their professional skills. The Platform serves as a venue for these parties to discover, communicate with, and engage one another.

4.2. LinkNamibia is not an employer, agent, or contractor of any Artisan. Artisans listed on the Platform are independent contractors and are not employees, agents, or representatives of LinkNamibia within the meaning of the Labour Act (No. 11 of 2007) or any other applicable Namibian legislation.

4.3. LinkNamibia does not guarantee, endorse, or warrant the quality, safety, legality, or suitability of any services offered by Artisans through the Platform. Customers engage Artisans at their own risk and discretion.

4.4. LinkNamibia does not participate in, supervise, direct, or control the actual performance of any work or services agreed upon between Customers and Artisans. The terms, conditions, and execution of any Job are solely between the Customer and the Artisan.

4.5. The Platform may be updated, modified, or discontinued at any time without prior notice. LinkNamibia does not guarantee uninterrupted access to the Platform and shall not be liable for any temporary or permanent unavailability.

5.1. As a Customer, you agree to:

5.1.1. Provide accurate, detailed, and truthful descriptions of the work or services you require when submitting a Service Request, including the nature of the work, location, and any relevant conditions or constraints.

5.1.2. Set reasonable and fair budgets for Service Requests that reflect the scope and complexity of the work required.

5.1.3. Communicate with Artisans in a timely, professional, and respectful manner throughout the duration of any engagement.

5.1.4. Make payments directly to the Artisan in accordance with the terms agreed upon between you and the Artisan. LinkNamibia does not process, hold, or facilitate payments between Customers and Artisans.

5.1.5. Provide a safe working environment for Artisans performing work at your premises, in compliance with applicable Namibian health and safety legislation.

5.1.6. Not use the Platform to solicit illegal services or to engage in any activity that contravenes the laws of the Republic of Namibia.

6.1. As an Artisan, you agree to:

6.1.1. Maintain an accurate and up-to-date profile on the Platform, including a truthful description of your skills, qualifications, experience, and service areas.

6.1.2. Hold all necessary and valid qualifications, licenses, certifications, and permits required under Namibian law for the services you offer.

6.1.3. Conduct yourself professionally, ethically, and in accordance with generally accepted industry standards when performing work for Customers.

6.1.4. Comply with all applicable Namibian laws and regulations, including but not limited to the Labour Act (No. 11 of 2007), applicable health and safety regulations, and any industry-specific regulatory requirements.

6.1.5. Obtain and maintain adequate professional indemnity insurance and/or public liability insurance where applicable to the nature of services you provide.

6.1.6. Not misrepresent your qualifications, experience, or the scope of services you are competent to provide.

6.1.7. Comply with all tax obligations under Namibian law, including the registration for and payment of income tax and value-added tax where applicable.

7.1. Artisans may be required or invited to submit certain documents for verification, including but not limited to identity documents, trade certificates, professional licenses, and proof of insurance.

7.2. Verification by LinkNamibia indicates only that the submitted documents have been reviewed and appear to be authentic. Verification does not constitute an endorsement, guarantee, or warranty of an Artisan's skills, competence, reliability, or fitness for any particular purpose.

7.3. LinkNamibia reserves the right, at its sole discretion, to reject any documents submitted for verification or to revoke a previously granted verification status at any time and for any reason, including but not limited to suspected fraud, misrepresentation, or the expiry of submitted documents.

7.4. Customers are advised not to rely solely on verification status when selecting an Artisan and should independently satisfy themselves as to the suitability and qualifications of any Artisan they engage.

7.5. Verification documents are handled in accordance with our Privacy Policy and applicable Namibian data protection legislation.

8.1. The Platform is currently provided free of charge to all Users. No registration fees, listing fees, or transaction fees are charged at this time.

8.2. LinkNamibia reserves the right to introduce service fees, subscription plans, premium features, or other charges in the future. Any such fees will be communicated to Users at least thirty (30) days in advance of their implementation.

8.3. All payments for services rendered by Artisans are made directly between the Customer and the Artisan. LinkNamibia does not process, collect, hold, or facilitate any payments between Users.

8.4. LinkNamibia bears no responsibility for payment disputes between Customers and Artisans. Users are encouraged to agree upon clear payment terms before the commencement of any Job.

8.5. Any future fees charged by LinkNamibia shall be stated in Namibian Dollars (NAD) unless otherwise specified, and shall be inclusive of applicable value-added tax (VAT) as required under Namibian law.

9.1. All intellectual property rights in the Platform, including but not limited to the software, design, layout, graphics, logos, trademarks, trade names, and all other proprietary content, are owned by or licensed to Esinako Investments CC and are protected under applicable Namibian and international intellectual property laws.

9.2. Users retain ownership of all Content they upload, post, or otherwise make available on the Platform. By submitting Content, you grant LinkNamibia a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute such Content solely for the purpose of operating and promoting the Platform.

9.3. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any information, software, products, or services obtained from the Platform without the prior written consent of LinkNamibia.

9.4. The "LinkNamibia" name, logo, and all associated branding are trademarks of Esinako Investments CC. Unauthorized use of these trademarks is strictly prohibited.

10.1. The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. LinkNamibia and Esinako Investments CC expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

10.2. LinkNamibia acts solely as a technology platform that connects Customers with Artisans. LinkNamibia is not a party to any agreement between a Customer and an Artisan, does not supervise or control the performance of any services, and bears no responsibility for the outcome of any engagement between Users.

10.3. To the maximum extent permitted by the laws of the Republic of Namibia, LinkNamibia, Esinako Investments CC, and their respective members, directors, officers, employees, agents, contractors, and affiliates (collectively, the "Released Parties") shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages of any kind arising out of or in connection with your use of, or inability to use, the Platform, regardless of the theory of liability (contract, delict, strict liability, or otherwise), even if any Released Party has been advised of the possibility of such damages.

10.4. Without limiting the generality of the foregoing, the Released Parties shall not be liable for:

10.4.1. The quality, safety, legality, or fitness for purpose of any work or services performed by an Artisan;

10.4.2. Any disputes, claims, or disagreements between Users, including disputes relating to payments, scope of work, or quality of services;

10.4.3. Any property damage, loss, or destruction arising from work performed by an Artisan engaged through the Platform;

10.4.4. Any personal injury, illness, or death arising from or related to services performed by an Artisan engaged through the Platform;

10.4.5. Any loss of data, revenue, profits, business opportunities, goodwill, or anticipated savings arising from the use of or inability to use the Platform;

10.4.6. Any unauthorized access to or alteration of your data, transmissions, or content;

10.4.7. Any failure or delay in the performance of the Platform due to circumstances beyond LinkNamibia's reasonable control, including but not limited to natural disasters, acts of government, power failures, internet disruptions, or cyberattacks (force majeure).

10.5. In any event, the total aggregate liability of the Released Parties to any User for any and all claims arising out of or in connection with the Platform shall not exceed the greater of: (a) the total amount of fees actually paid by that User to LinkNamibia during the twelve (12) month period immediately preceding the event giving rise to the claim; or (b) one hundred Namibian Dollars (NAD 100.00). Where the Platform is provided free of charge, the maximum aggregate liability shall not exceed NAD 100.00.

10.6. Assumption of Risk and Waiver

10.6.1. By using the Platform, you expressly acknowledge and agree that you assume all risks associated with engaging Artisans or Customers through the Platform, including but not limited to risks of property damage, financial loss, personal injury, substandard workmanship, and non-performance.

10.6.2. You voluntarily waive any and all claims against the Released Parties arising from or related to any interaction, engagement, or transaction between Users facilitated through the Platform, to the fullest extent permitted by law.

10.7. Indemnification

10.7.1. You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of or conduct on the Platform; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) any content you upload, post, or transmit through the Platform; (e) any interaction, engagement, or dispute between you and another User; or (f) any negligent, reckless, or wilful misconduct on your part.

10.7.2. This indemnification obligation shall survive the termination of your account and these Terms.

10.8. You acknowledge that the limitations set forth in this section are fundamental elements of the agreement between you and LinkNamibia, and that LinkNamibia would not provide the Platform without such limitations. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

11.1. In the event of a dispute between Users arising out of or in connection with a Job or any interaction on the Platform, the affected Users shall first attempt to resolve the dispute amicably through direct communication and negotiation.

11.2. LinkNamibia may, at its sole discretion, offer to mediate disputes between Users. However, LinkNamibia is under no obligation to do so, and any mediation provided shall not constitute legal advice or a binding determination of the dispute.

11.3. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Namibia.

11.4. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Namibia, sitting in Windhoek, for the resolution of any dispute that cannot be resolved amicably.

11.5. Nothing in this section shall prevent either party from seeking urgent interim relief from a court of competent jurisdiction where necessary to protect its rights.

12.1. You may terminate your account at any time by contacting LinkNamibia at the contact details provided below or by using the account deletion feature on the Platform, where available.

12.2. LinkNamibia may suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to:

12.2.1. Breach of these Terms or any applicable policy;

12.2.2. Fraudulent, misleading, or illegal activity;

12.2.3. Conduct that is harmful to other Users, third parties, or the business interests of LinkNamibia;

12.2.4. Extended period of inactivity on the Platform.

12.3. Upon termination, your right to access and use the Platform shall cease immediately. Provisions of these Terms that, by their nature, should survive termination shall continue in full force and effect, including but not limited to sections relating to intellectual property, limitation of liability, dispute resolution, and governing law.

12.4. Termination of your account shall not affect any rights or obligations that accrued prior to the date of termination.

13.1. LinkNamibia reserves the right to amend, modify, or replace these Terms at any time at its sole discretion.

13.2. Material changes to these Terms will be communicated to Users through the Platform, by email, or by other reasonable means. The revised Terms will indicate the date of the most recent update.

13.3. Your continued use of the Platform following the posting or notification of any amendments constitutes your acceptance of the revised Terms. If you do not agree to the amended Terms, you must cease using the Platform and terminate your account.

13.4. It is your responsibility to review these Terms periodically for any changes.

14.1. For any questions, concerns, or notices relating to these Terms, please contact us at: