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Terms of Service

Welcome to (the "Site"), a website provided by TBWA\ Paragon. ("Company"). Your use of the Site is at all times subject to the following terms and conditions, and you are deemed to have accepted these terms and conditions upon using the Site. You should review these terms and conditions carefully, and be sure you understand them, prior to using the Site. If you do not agree to these terms and conditions, you must immediately exit the Site.

1. Scope of Use

The Site is provided for promotional and informational purposes only, and the Company does not provide any client services through the Site. You may only use the Site if you are a current or prospective customer of the Company, or otherwise interested in learning more about the Company for a legitimate business purpose. The Site may not be used for any unlawful, fraudulent, harassing, objectionable or other non-legitimate business purpose.

2. Site Content

The Site and all content on the Site (collectively "Content"), plus all copyrights, trademarks, service marks and other intellectual property rights in the Site and such Content, are owned or licensed by the Company. You may access, use and copy Content only as expressly permitted herein. No provision of these terms and conditions, and nothing contained on the Site, grants to you, whether expressly, implicitly or otherwise, any license or other right to copy, disclose, distribute, re-transmit, use or create derivative works of any Content without the written permission of the Company or its licensee (as the case may be), and any such copying, disclosure, distribution, re-transmission, use or creation of derivative works is strictly prohibited, except as expressly set forth herein.

3. Third-Party Websites

The Site may contain links to websites maintained by third parties (individually a "Third-Party Site"). The Company is not responsible for any content on a Third-Party Site (including, but not limited to, any opinions contained on a Third-Party Site), and does not necessarily endorse or otherwise approve of such content. No link from the Site to a Third-Party Site, or from a Third-Party Site to the Site, is an endorsement, sponsorship or recommendation by the Company of such Third-Party Site, and the link is provided only for your convenience. In addition, your use of a Third-Party Site will be subject to its terms of use and other provisions, for which you are responsible if you proceed to such Third-Party Site.

4. Privacy Policy

The Company may collect certain personal and analytical information from you, among other ways, through the Site, and will handle such information in accordance with its privacy policy, which is contained on the Site, (the "Privacy Policy"). You should contact the Company as set forth in the Privacy Policy with all complaints, questions and requests for additional information relating to the Company's handling of such information.

5. Disclaimer of Warranties

The site and all content are provided "as is" and without any warranty or representation of any kind, whether express or implied (including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose). Without limiting the generality of the immediately preceding sentence, the Company does not warrant or represent that the site or any content (a) will always be available for use, (b) are free from spyware, malware, adware, viruses, worms or other malicious code, (c) will meet your requirements, (d) do not infringe the intellectual property rights of a third party, or (e) are error-free or that any defects therein will be corrected.

6. Limitation on Liability

To the maximum extent permitted by law, the Company shall not have any liability for (a) any personal injury, or (b) any direct, incidental, special, indirect, consequential or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or computer crashes or other denials of services) arising from or related to your use of, or inability to use, the site, or any content thereon, however caused, regardless of the theory of liability (including, but not limited to, breach of contract, or other), and even if the Company knew, or should have known, of the possibility of such damages.

7. Indemnification

You must indemnify, defend and hold harmless the Company, other affiliates, and its officers, employees and other agents, from all costs, expenses, damages, liabilities, losses and other monetary payments (including, but not limited to, attorneys' fees and disbursements) in connection with (a) your access to, and use of, the Site, (b) your failure to perform any obligation pursuant to these terms and conditions, (c) your violation of any rights of a third party (including, but not limited to, infringement of a third party's intellectual property rights, or rights of privacy and publicity, and claims of defamation), and (d) any information or other content submitted by you to Company through the Site.

8. Information Provided by You

You grant to the Company a non-exclusive, perpetual and fully-paid license to copy, distribute, modify, and create derivative works of all information and other content submitted by you to the Company through the Site. All information provided to you through the Site must be accurate and complete in all respects, unless by its nature such information is not intended to be accurate or complete. In addition, you must at all times immediately update any such information to maintain its accuracy and completeness.

9. Applicable Law

These terms and conditions will be governed by, and construed in accordance with, the laws of the Republic of Namibia, without regard to principles of conflict of laws.

10. Disputes

Except for any dispute covered by the Privacy Policy, you and the Company (a) will submit any dispute relating to the Site, any Content or these terms and conditions exclusively to the High Court of Namibia, and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute.

11. Entire Agreement

These terms and conditions contain the entire agreement, and supersede all prior oral and written proposals, understandings and agreements, between you and the Company with respect to the Site and any Content.

12. Severability

Whenever possible, each provision of these terms and conditions shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these terms and conditions, being prohibited or invalid.

13. Revisions

The Company may revise these terms and conditions from time to time by posting the revised terms and conditions on the Site, with the revised terms and conditions taking effect as of the date of such posting. It is your responsibility to periodically check these terms and conditions on the Site for such revisions. Your use of the Site following the posting of any revisions to these terms and conditions on the Site will be deemed an irrevocable acceptance by you of such revisions.

14. Additional Information

If you have any questions or desire additional information regarding the Site, any Content or these terms and conditions, or if you would desire to contact the Company for any other reason, please write to:

TBWA\ Paragon
40 Eros Road
Eros, Windhoek