LEGAL
Terms and Conditions
1. Acceptance of Terms
Welcome to Instant Payments Namibia (IPN). By accessing or using our website and services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.
IPN is a payment infrastructure platform operated under the regulatory mandate of the Bank of Namibia. These Terms govern your use of our website, platform, and related services.
2. Definitions
- "Platform" refers to the IPN payment infrastructure system and related services
- "Participant" means any licensed financial institution or payment service provider connected to the IPN network
- "User" refers to any individual or entity accessing the IPN website or services
- "Services" includes all payment infrastructure, website features, and related offerings provided by IPN
- "You" or "Your" refers to the user or participant accessing our services
3. Use of Services
3.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our services. For institutional users, you represent that you have the authority to bind your organization to these Terms.
3.2 Platform Participation
Participation in the IPN platform is subject to:
- Regulatory approval from the Bank of Namibia
- Execution of participant agreements
- Compliance with technical and operational standards
- Meeting security and risk management requirements
3.3 Prohibited Activities
You agree not to:
- Use the services for any illegal or unauthorized purpose
- Violate any laws, regulations, or third-party rights
- Transmit viruses, malware, or harmful code
- Attempt to gain unauthorized access to the platform or systems
- Interfere with or disrupt the services or servers
- Impersonate any person or entity
- Engage in fraudulent activities or money laundering
4. Intellectual Property Rights
All content, features, and functionality of the IPN platform, including but not limited to text, graphics, logos, software, and design, are the exclusive property of IPN or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, sell, or exploit any content without our express written permission.
5. Privacy and Data Protection
Your use of our services is also governed by our Privacy Policy. By using our services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
IPN is committed to protecting your data in accordance with applicable data protection laws and regulations.
6. Service Availability and Modifications
6.1 Availability
We strive to maintain high availability of our services. However, we do not guarantee uninterrupted access and may suspend services for maintenance, upgrades, or emergency situations.
6.2 Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We may also update these Terms periodically, and your continued use constitutes acceptance of the updated Terms.
7. Limitation of Liability
To the maximum extent permitted by law:
- IPN provides services on an "as is" and "as available" basis
- We make no warranties, express or implied, regarding service quality, reliability, or fitness for purpose
- We are not liable for any indirect, incidental, special, or consequential damages
- Our total liability shall not exceed the amount paid by you (if any) for accessing our services
- We are not responsible for failures caused by circumstances beyond our reasonable control
This limitation of liability does not apply to the extent prohibited by applicable law.
8. Indemnification
You agree to indemnify, defend, and hold harmless IPN, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:
- Your use or misuse of the services
- Your violation of these Terms
- Your violation of any rights of third parties
- Your breach of applicable laws or regulations
9. Regulatory Compliance
IPN operates under the regulatory oversight of the Bank of Namibia. All participants and users must:
- Comply with all applicable banking and payment regulations
- Adhere to anti-money laundering (AML) and counter-terrorism financing (CTF) requirements
- Maintain proper licensing and authorizations
- Cooperate with regulatory audits and investigations
- Report suspicious activities as required by law
10. Dispute Resolution
10.1 Informal Resolution
In the event of any dispute, you agree to first contact us to seek an informal resolution before pursuing formal legal action.
10.2 Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Namibia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Namibia.
11. Termination
We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including but not limited to:
- Breach of these Terms
- Fraudulent or illegal activity
- Request by regulatory authorities
- Discontinuation of services
Upon termination, your right to use the services will immediately cease. Provisions that by their nature should survive termination shall remain in effect.
12. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us:
Instant Payments Namibia (IPN)
71 Robert Mugabe Ave, Windhoek, Namibia
Email: legal@ipn.com.na
General Inquiries: helpdesk@ipn.com.na
Phone: +264 61 283 5111