Definitions and Legal References
- This Website (or this Application):
The property that enables the provision of the Service, including but not limited to all functionalities, features, services, and content offered through www.streambia.tv. - Agreement:
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms. - Owner (or We):
Streambia, a product of Trust Computer Solutions – The natural person(s) or legal entity that provides this Website and/or the Service to Users. - Service:
The service provided by this Website as described in these Terms and on this Website, including access to the shop section, purchase of subscriptions, televisions, or other products. - Terms:
Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice. - User (or You):
The natural person or legal entity that uses this Website, including but not limited to accessing the Website, using the Service, and purchasing products. - Products:
Any items sold through the shop section of this Website, including but not limited to televisions, subscriptions, or any other goods or services offered.
This document is an agreement between You and Streambia, a product of Trust Computer Solutions.
By accessing or using this Website or purchasing any products from the shop section, you acknowledge that you have read, understood, and agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”), and any additional terms that apply.
These Terms Govern:
- The conditions of allowing the use of this Website and purchase of any Products.
- Any other related Agreement or legal relationship with the Owner.
IMPORTANT: The User must read this document carefully. If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this Website or purchase any products.
This Website is Provided by:
Streambia, a product of Trust Computer Solutions
C/O Beethoven and Axali Doeseb Street
Windhoek, Khomas, 10005
Namibia
Owner Contact Email: info@streambia.tv
Summary of What the User Should Know
Age Restriction:
To access and use this Website, purchase any Products, or subscribe to any Service, the User must be an adult under applicable Namibian law. Streambia reserves the right to request proof of age and may terminate your access or refuse service if you do not meet these requirements.
Applicable Law and Venue of Jurisdiction:
These Terms are governed by the laws of the Republic of Namibia. The exclusive jurisdiction for any disputes arising from or connected to these Terms shall be the courts of Windhoek, Namibia.
Terms of Use for General Access and Shop Section
1. General Terms:
- User Responsibilities:
Users must comply with all applicable laws and these Terms when using this Website, purchasing Products, or using any Services. - Prohibited Actions:
Users shall not engage in any actions that may harm the Owner, such as attempting to hack the Website, infringing on intellectual property rights, or engaging in fraudulent activities.
2. Purchases and Payments:
- Pricing and Payment:
All prices are displayed in Namibian Dollars (NAD) unless otherwise specified. By completing a purchase, Users agree to pay all charges associated with the transaction, including shipping, handling, and any applicable taxes. - Order Confirmation:
All orders are subject to acceptance by Streambia. Streambia reserves the right to cancel or refuse any order for any reason, including but not limited to errors in product description, pricing, availability, or User misconduct. - Subscription Services:
Subscriptions purchased via the Website renew automatically unless canceled before the end of the current billing cycle. Users are responsible for all charges incurred under their account. - Product Warranties and Liability:
Products are sold “as is” and “as available.” To the fullest extent permitted by Namibian law, Streambia disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
3. Refunds and Returns:
- Refunds:
Refunds are available only in accordance with our Returns Policy, which is incorporated by reference into these Terms. Refund requests must be made within 30 days of purchase, and Products must be returned in their original condition and packaging. Refunds for subscription services are not provided once the service period has begun. - Return Shipping Costs:
Users are responsible for all return shipping costs unless the return is due to an error by Streambia.
4. Limitation of Liability and Indemnification:
- Limitation of Liability:
To the maximum extent permitted by Namibian law, Streambia, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees will not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service or Products. - Indemnification:
The User agrees to indemnify and hold Streambia harmless from any and all claims, demands, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from:- User’s use of and access to the Service and Products;
- User’s violation of these Terms;
- User’s violation of any rights of third parties, including but not limited to intellectual property rights.
5. Intellectual Property and DMCA Compliance:
- Intellectual Property Rights:
All content on this Website, including but not limited to text, graphics, logos, images, and software, is the exclusive property of Streambia or its licensors and is protected by Namibian and international intellectual property laws. - Digital Millennium Copyright Act (DMCA) Compliance:
Streambia respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed on our Website, please notify us by following the DMCA Notice and Procedure provided on our DMCA page: DMCA Notice.
6. Acceptable Use and User Conduct:
- This Website and its Services may only be used within the scope of what they are provided for, under these Terms and applicable law. Users must not misuse the Website or engage in activities that may harm the integrity, functionality, or security of the Website and its content.
Changes to These Terms
The Owner reserves the right to amend or modify these Terms at any time. In such cases, the Owner will notify the User of these changes. Continued use of the Website and Services signifies acceptance of the revised Terms.
Contact Information
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability Clause:
If any provision of these Terms is found to be unenforceable or invalid under applicable law, the remaining provisions will continue in full force and effect.
Additional Terms for the Shop Section:
7. Specific Terms for the Shop Section:
- Product Descriptions and Availability:
Streambia makes every effort to ensure that product descriptions and availability are accurate. However, Streambia does not warrant that product descriptions or other content on this Website are accurate, complete, reliable, current, or error-free. In case of discrepancies, Users must contact Streambia before purchasing. - Subscriptions:
All subscriptions purchased through the shop section are subject to automatic renewal unless canceled before the end of the current billing cycle. Streambia reserves the right to modify subscription terms at any time. - Shipping and Delivery:
Products will be shipped to the address provided by the User. Streambia is not responsible for any delays caused by third-party carriers or for any loss or damage to products during shipping.
Governing Law
These Terms are governed by the laws of the Republic of Namibia without regard to conflict of laws principles.
Last Updated: August 30, 2024