Website Terms of Use

Welcome to the website of Emanya@Etosha (“we”, “us”, “our”, “the Lodge”). These Terms of Use (“Terms”) govern your access to and use of our website, www.emanya.com (the “Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website.

1. Acceptance of Terms

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (which is incorporated by reference). We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms.

2. Use of the Website

2.1 Permitted Use

You may use the Website for lawful purposes only, including:

• Browsing information about our lodge, accommodation, services, and facilities
• Making enquiries or bookings
• Accessing content, images, and resources provided by us

2.2 Prohibited Use

You agree not to:

• Use the Website in any way that violates applicable laws or regulations
• Attempt to gain unauthorised access to any part of the Website, servers, or networks
• Introduce viruses, malware, or any other harmful code
• Scrape, copy, reproduce, or harvest content or data from the Website without our prior written consent
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Website to transmit spam, unsolicited communications, or offensive material
• Interfere with or disrupt the operation or security of the Website

We reserve the right to suspend or terminate your access to the Website if you breach these Terms.

3. Intellectual Property Rights

3.1 Ownership

All content on this Website, including but not limited to text, images, photographs, graphics, logos, videos, design, layout, software, and trademarks (collectively, “Content”), is the property Emanya@Etosha or our licensors and is protected by copyright, trademark, and other intellectual property laws in Namibia and internationally.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content for personal, non-commercial purposes only. You may not:

• Reproduce, distribute, modify, display, perform, or create derivative works from any Content without our prior written permission
• Use any Content for commercial purposes or public display (commercial or non-commercial) without our express written consent
• Remove or alter any copyright, trademark, or other proprietary notices

3.3 Trademarks

Emanya@Etosha, our logo, and any other marks displayed on the Website are trademarks or registered trademarks of Emanya@Etosha. You may not use these marks without our prior written permission.

4. Bookings and Reservations

4.1 Booking Process

Bookings made through this Website (if applicable) or via email/phone are subject to availability and our Booking Terms and Conditions (if separate) or the terms communicated at the time of booking.

4.2 Accuracy of Information

While we strive to ensure that all information on the Website (including rates, availability, descriptions, and images) is accurate and up to date, we do not guarantee its completeness or accuracy. Rates, availability, and services are subject to change without notice.

4.3 Confirmation

A booking is only confirmed once you receive written confirmation from us (via email or other agreed method). We reserve the right to refuse or cancel any booking at our discretion.

4.4 Payment and Cancellation

Payment terms, deposit requirements, cancellation policies, and refund conditions will be communicated at the time of booking and form part of your contract with us.

5. Third-Party Links and Services

The Website may contain links to third-party websites, services, or platforms (e.g. booking platforms, tour operators, social media, payment gateways) that are not owned or controlled by us.

• We are not responsible for the content, privacy practices, or terms of use of any third-party websites or services.
• We do not endorse or make any representations about third-party websites.
• Your use of third-party websites is at your own risk, and you should review their terms and privacy policies.

6. User-Generated Content

If the Website allows you to submit content (e.g. reviews, comments, photos, testimonials), you agree that:

• You own or have the necessary rights to submit the content
• Your content does not infringe any third-party rights or violate any laws
• Your content is not defamatory, offensive, obscene, or otherwise inappropriate
• We may use, reproduce, modify, and display your content for promotional, marketing, or operational purposes without compensation to you
• We reserve the right to remove or refuse any user-generated content at our discretion

7. Disclaimer of Warranties

The Website and all Content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• That the Website will be uninterrupted, secure, or error-free
• That defects will be corrected, or that the Website or servers are free of viruses or harmful components

We do not warrant the accuracy, completeness, or reliability of any Content or information on the Website. Your use of the Website is at your own risk.

8. Limitation of Liability

To the fullest extent permitted by law, Emanya@Etosha, its owners, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to:

• Your use of or inability to use the Website
• Any errors, omissions, or inaccuracies in the Content
• Unauthorised access to or alteration of your data or transmissions
• Any third-party conduct or content on the Website
• Any other matter relating to the Website

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Emanya@Etosha, its owners, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Website
• Your breach of these Terms
• Your violation of any law or the rights of any third party
• Any content you submit or transmit through the Website

10. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Website, you consent to the practices described in the Privacy Policy.

11. Governing Law and Jurisdiction

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Republic of Namibia, without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms or the Website shall be subject to the exclusive jurisdiction of the courts of Namibia.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published on the Website, constitute the entire agreement between you and Emanya@Etosha regarding your use of the Website and supersede any prior agreements or understandings.

14. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Use, please contact us:

Emanya@Etosha
Email:
Telephone: +264 (61) 222 954
Postal / Physical Address: PO Box 150, Windhoek, Namibia

Website: www.emanya.com

15. Acknowledgment

By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.