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TERMS AND CONDITIONS OF USE

[System Name] – Electricity Licensing Application Portal
Electricity Control Board of Namibia

Last updated: [●]

1. Definitions and Interpretation

In these Terms and Conditions (“Terms”):

• “Board”, “ECB”, “we”, “us” or “our” means the Electricity Control Board of Namibia, a statutory regulatory authority established in terms of the Electricity Act, 2007, as amended.
• “Electricity Act” means the Electricity Act, 2007 (Act No. 4 of 2007), as amended or replaced from time to time.
• “System” means the online software platform, website, and related services branded as [System Name], operated or controlled by the ECB for the purpose of registration and submission of licence applications and related information.
• “User”, “you” or “your” means any person or legal entity that accesses or uses the System, including applicants, licensees, representatives and other authorised users.
• “Licence Application” means any application submitted through the System for a licence, amendment, renewal, exemption or other authorisation contemplated in the Electricity Act and any applicable regulations or guidelines.
• “Personal Information” means information about an identifiable natural person or, where applicable, a juristic person, as recognised under Namibian law and any applicable data protection framework.
• “Applicable Law” includes, without limitation, the Electricity Act, 2007, any regulations and rules issued under it, the Electronic Transactions Act, 2019 (once in force), the Electronic Signature Regulations, and any other relevant legislation of the Republic of Namibia.

Headings are for convenience only and do not affect interpretation.

2. Legal Status of These Terms

2.1 These Terms govern use of the System only. They do not replace, amend or override any provisions of the Electricity Act, regulations, licence conditions or Ministerial decisions. Where there is any conflict, Applicable Law and formal regulatory/Ministerial decisions prevail.

2.2 Use of the System does not guarantee that any licence or approval will be granted, renewed or amended. All decisions in relation to licences remain subject to the Electricity Act and applicable regulatory processes.

3. Acceptance of Terms

3.1 By accessing or using the System, you acknowledge that you have read, understood, and agree to be bound by these Terms, as updated from time to time.

3.2 If you are using the System on behalf of a juristic person (such as a company), you warrant that you are duly authorised to bind that entity to these Terms.

3.3 If you do not agree to these Terms, you must not use the System.

4. Eligibility and User Accounts

4.1 To use certain functions of the System, you may be required to register an account and provide accurate, current and complete information.

4.2 You are responsible for:

• Maintaining the confidentiality of your username, password and other security credentials;
• All activities that occur under your account; and
• Promptly notifying the ECB of any unauthorised use or suspected security breach.

4.3 The ECB may, in its discretion, refuse registration, suspend or terminate any account where:

• Misuse, fraud, misrepresentation or security concerns are suspected; or
• You fail to comply with these Terms or Applicable Law.

5. Use of the System

5.1 The System is made available for the convenience of users to submit licence applications and related information electronically.

5.2 You agree to use the System only for lawful purposes related to electricity licensing, and you must not:

• Use the System in any manner that violates Applicable Law or these Terms;
• Introduce viruses, malicious code or attempt to gain unauthorised access to any part of the System or related infrastructure;
• Interfere with or disrupt the integrity or performance of the System;
• Use automated means (robots, scripts, scraping tools) to access or collect information from the System except as explicitly authorised by the ECB in writing.

5.3 The ECB may monitor and log access to the System for security, auditing, regulatory and operational purposes.

6. Submission of Applications and Information

6.1 By submitting any Licence Application or information via the System, you:

• Warrant that all information is true, accurate, complete and not misleading;
• Acknowledge that the ECB and/or the Minister of Mines and Energy will rely on this information when assessing applications and compliance;
• Agree to promptly correct or update any information that becomes inaccurate or incomplete.

6.2 You are responsible for ensuring that all required forms, documents and supporting evidence are correctly completed and submitted in accordance with the ECB guidelines for licence applications and any other instructions issued by the ECB.

6.3 The ECB may request additional information or clarification, and may decline to process or may reject any application that is incomplete, inconsistent, or non-compliant with Applicable Law or ECB guidelines.

6.4 You acknowledge that submission of an application through the System does not constitute formal acceptance or approval of the application by the ECB or the Minister.

7. Electronic Communications and Signatures

7.1 You agree that communications, notices, approvals or requests in relation to your use of the System may, where permitted by law, be sent electronically (including email, system notifications, or data messages).

7.2 Where electronic signatures are used, they will have such legal effect as provided under the Electronic Transactions Act, 2019 and its regulations once in force, and any successor legislation or regulations.

7.3 The ECB may, in its discretion, prescribe specific requirements for the type or level of electronic signature, identity verification or authentication to be used for particular transactions or documents.

8. Fees and Payments

8.1 Certain applications or services may attract prescribed fees. You are responsible for payment of all applicable fees as determined under the Electricity Act, any regulations, ECB tariff schedules or guidelines.

8.2 Unless explicitly stated otherwise, application fees are non-refundable, irrespective of whether the application is granted, withdrawn or refused.

8.3 Payments processed through the System may involve third-party payment service providers. The ECB is not responsible for any errors, delays, charges or failures arising from such external systems, except to the extent required by Applicable Law.

9. Data Protection, Privacy and Confidentiality

9.1 The ECB recognises the importance of privacy and protection of Personal Information. While Namibia currently has no single comprehensive data protection statute, the processing of personal data is subject to the constitutional right to privacy and emerging data protection frameworks, including the Draft Data Protection Bill, 2023 and related initiatives.

9.2 The ECB will process Personal Information submitted via the System:

• For the purposes of administering licence applications, regulatory compliance and oversight;
• To maintain records, audit trails, security logs and regulatory reports;
• To comply with legal obligations or orders under Namibian law; and
• For legitimate regulatory interests, including monitoring of the electricity supply industry.

9.3 The ECB will take reasonably appropriate technical and organisational measures to protect Personal Information and other confidential information against unauthorised access, loss, misuse or disclosure, having regard to the nature of the information and the state of available security measures.

9.4 You must treat all information obtained from the System (including information about third parties) as confidential where indicated, and must not disclose or use such information except as permitted by law or necessary for lawful regulatory or application purposes.

9.5 Where the Data Protection Bill or any data protection legislation comes into force, the ECB’s processing of Personal Information will be subject to such law, and these Terms will be adapted accordingly.

10. Intellectual Property

10.1 All intellectual property rights in and to the System, including its software, source code, design, layout, text, graphics, logos, trademarks, databases and content (excluding user-supplied documents), are owned by or licensed to the ECB and are protected under Namibian and international law.

10.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the System solely for lawful licence-related purposes and in accordance with these Terms.

10.3 You must not:

• Copy, modify, adapt, reverse engineer, decompile or attempt to derive the source code of the System;
• Remove or alter any copyright, trademark or other proprietary notices;
• Use the ECB’s logo, name or marks without prior written consent, except as required by the ECB’s official forms and templates.

11. System Availability, Maintenance and Changes

11.1 The ECB endeavours to keep the System available and functioning, but does not guarantee:

• Continuous, uninterrupted or error-free operation;
• Specific response times; or
• That defects or vulnerabilities will be corrected within any particular timeframe.

11.2 The ECB may, without prior notice:

• Suspend or limit access to the System for maintenance, security or operational reasons;
• Modify, enhance or discontinue any part of the System;
• Introduce new features, restrictions or requirements.

11.3 Where reasonably possible, the ECB will publish planned maintenance windows or outages on the System or via other appropriate channels, but cannot guarantee such notice in all circumstances (for example, in emergencies).

12. Third-Party Systems and Links

12.1 The System may integrate with or link to third-party systems, websites, payment gateways or identity providers. These third parties are not controlled by the ECB.

12.2 The ECB is not responsible for the content, availability, security, privacy practices, or performance of any third-party systems or services, and you use them at your own risk.

13. Warranties and Disclaimers

13.1 The System is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the ECB makes no express or implied warranties, including but not limited to:

• Fitness for a particular purpose;
• Non-infringement;
• Accuracy, completeness or reliability of data, content or outputs from the System.

13.2 The ECB does not warrant that:

• The System will meet your specific requirements;
• The System will always be available or free from errors, viruses or other harmful components; or
• Electronic communications transmitted via the System will never be intercepted or altered by third parties.

13.3 Any guidance, information, indicative calculations or summaries provided through the System are for information only and do not constitute legal, financial or technical advice, nor do they replace formal communications or decisions issued under the Electricity Act and related instruments.

14. Limitation of Liability

14.1 To the fullest extent permitted by Applicable Law, the ECB, its Board members, officers, employees, contractors and agents will not be liable for any:

• Indirect, consequential, special, punitive or exemplary damages;
• Loss of profit, revenue, business, opportunity, goodwill, or data;
• Losses arising from delays, failures, interruptions, system errors or cyber incidents relating to the System;
• Losses arising from your use of or reliance on any information, data or output obtained through the System;

arising out of or in connection with your use of the System or these Terms, whether in contract, delict (tort), statute or otherwise, even if the ECB has been advised of the possibility of such damages.

14.2 Without limiting clause 14.1, and to the extent permitted by law, the ECB’s aggregate liability for any direct damages arising out of or in connection with your use of the System will not exceed the total amount of fees paid by you to the ECB in respect of the specific application or transaction giving rise to the claim, if any.

14.3 Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited under Namibian law (for example, liability for gross negligence or wilful misconduct where such exclusion is not permitted).

15. Indemnity

15.1 You agree to indemnify, defend and hold harmless the ECB, its Board members, officers, employees, contractors and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs and expenses (including reasonable legal costs) arising out of or in connection with:

• Your use or misuse of the System;
• Your breach of these Terms or Applicable Law;
• Any inaccurate, incomplete, false or misleading information or documents provided by you;
• Any claim by a third party arising from your use of the System or reliance on outputs from the System.

15.2 The ECB may, at its own expense, participate in the defence of any claim for which you are required to indemnify it, and you may not settle any such claim without the ECB’s prior written consent where such settlement imposes any obligation on, or makes any admission on behalf of, the ECB.

16. Suspension and Termination of Access

16.1 The ECB may, in its sole discretion and without prior notice, suspend or terminate your access to the System if:

• You breach these Terms or Applicable Law;
• You misuse or attempt to compromise the security, integrity or availability of the System;
• Required by law, regulation, court order or regulatory directive; or
• Operational or security considerations reasonably require it.

16.2 Upon termination, your right to access and use the System will cease immediately. Termination of access does not:

• Affect any statutory obligations or rights under the Electricity Act; or
• Prevent the ECB from retaining records and data for regulatory, legal or archival purposes.

17. Record-Keeping and Evidence

17.1 The ECB may keep electronic records of all access logs, submissions, communications and decisions made through the System.

17.2 Such records, when produced as printouts or in electronic form, may be used as prima facie evidence of the content and timing of communications, applications and decisions for purposes of any regulatory, administrative or legal proceedings, subject to Namibian rules of evidence and the Electronic Transactions Act, 2019.LAC Namibia+1

18. Changes to These Terms

18.1 The ECB may amend or update these Terms from time to time to reflect changes in law, regulatory requirements, technology, or System functionality.

18.2 Updated Terms will be posted on the System with an updated “Last updated” date. Continued use of the System after such changes constitutes your acceptance of the updated Terms.

18.3 Where changes are material and reasonably practicable, the ECB may provide additional notice via email or System notifications.

19. Governing Law and Dispute Resolution

19.1 These Terms and any dispute arising from or in connection with them or the use of the System are governed by the laws of the Republic of Namibia.

19.2 Any dispute that cannot be resolved amicably will be subject to the jurisdiction of the courts of Namibia with appropriate jurisdiction, without prejudice to any statutory dispute-resolution or appeal mechanisms available under the Electricity Act.

20. General Provisions

20.1 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

20.2 No Waiver
No failure or delay by the ECB to exercise any right or remedy under these Terms will constitute a waiver of that right or remedy.

20.3 Assignment
You may not cede, assign or transfer any of your rights or obligations under these Terms without the ECB’s prior written consent. The ECB may assign or transfer its rights or obligations as permitted by law.

20.4 Entire Agreement
These Terms constitute the entire agreement between you and the ECB regarding your use of the System and supersede any prior understandings or agreements relating to such use, without affecting any statutory instruments, regulations or conditions issued under the Electricity Act.

20.5 Contact Details
For queries relating to these Terms or the System, you may contact:

Electricity Control Board of Namibia
[Physical Address]
[Postal Address]
Tel: [●]
Email: [●]
Website: https://www.ecb.org.na