Eagle FM makes the website and or associated applications available to you subject to the following terms and conditions. By using the site and the associated applications you agree to these conditions. If you do not agree with them, please leave the site.

Eagle FM may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of Eagle FM after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

These terms and conditions are applicable to Eagle FM and associated Eagle FM mobile applications.

NOTE: Use of the website and the submission by you of any contribution or data will also be in accordance with the rights and obligations set out in our Privacy Policy. You MUST read the Policy. If you do not agree to the terms of the Policy you should not use the site.

  1. Interactive Services
  • 1.1 Eagle FM may make available to you forums or other means of public communications; shopping and other transactional services and competitions (“interactive services”).
  • 1.2 Where such interactive services are operated by a third party you may be asked to supply information (including, for instance, credit card data), where that third party may have additional terms and conditions. When using such interactive services you will be dealing directly with third parties and any contracts or arrangements will be formed between you and them. Eagle FM cannot be held liable for your use of them or any liability arising.
  1. Use of site and interactive services
  • 2.1 You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use Eagle FM content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Eagle FM content except for your own personal, non-commercial use. Any other use of Eagle FM content requires the prior written permission of the Eagle FM. You also agree not to deep-link or frame to the site for any purpose, unless authorised by Eagle FM.
  • 2.2 You shall not use the site or interactive services to transmit or receive (or permit another person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or which makes excessive demands for bandwidth or contains any virus or which may harm Eagle FM computer systems or any third party computer system.
  • 2.3 If you contribute any material (whether text, graphics, video or audio), you agree by making the contribution to grant Eagle FM a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such text or graphics into any form, medium or technology now known or hereafter developed. In addition, you waive any and all moral rights in such text or graphics.
  • 2.4 Further by submitting your contribution to Eagle FM, you:
    • 2.5 Eagle FM shall have the right to remove any items contributed to the site.
  1. IPR
  • 3.1 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the site and interactive services is owned by Eagle FM. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright of the Eagle FM, or any other third party.
  • 3.2 The site and interactive services may include links to web sites or services operated by third parties. Eagle FM is not responsible for and does not give any warranties regarding any such web sites or services and is not responsible for or liable in relation to the content or your use of such web sites.
  • 3.3 Eagle FM is the owner of:
  • 3.4 All other trade marks, product names and company names or logos are the property of their respective owners.
  • 3.5. Eagle FM content, including the information, names, images, pictures, logos and icons regarding or relating to the Eagle FM, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  1. Privacy

See the Privacy Policy for information relating to the collection and use of your personal information.

  1. Liability
  • 5.1 Eagle FM will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of our website.
  • 5.2 Eagle FM does not warrant that functions contained in Eagle FM content will be uninterrupted, timely or error free, that defects will be corrected, or that Eagle FM or the server that makes it available are free of viruses or bugs. You are urged to take the necessary precautions to ensure safety from viruses that have destructive properties.
  1. Availability and Security of the Sites and the Interactive Service
  • 6.1 Due to the nature of the Internet, Eagle FM does not promise full or uninterrupted or error-free operation of the site and interactive services. All liability of Eagle FM, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the site and/or the interactive services is excluded
  • 6.2 Eagle FM shall use reasonable endeavours to ensure that any information it holds on you is kept secure. However, due to the nature of the internet, Eagle FM cannot accept any liability for those who intentionally attempt to gain unauthorised access to this information by means such as computer hacking.
  1. Comments moderation

We do not actively moderate, monitor or edit contributions to the reader comments but we may intervene and take such action as we think necessary. If you have any concerns over the contents on our site, please either register those concerns using the report abuse button or contact us here.

  1. Modification to these Terms and Conditions

Eagle FM reserves the right to change the terms, conditions and notices under which Eagle FM is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of Eagle FM constitutes your agreement with the Eagle FM to all such terms and conditions.

  1. Termination

Eagle FM may permanently terminate your access to any interactive services provided on the site immediately for any reason.

  1. Claims

Where a claim is brought against Eagle FM by a third party because of your use of the site or interactive services you agree to fully reimburse Eagle FM for all losses, costs, actions, claims, damages, expenses or liabilities, whatsoever suffered or incurred by the Eagle FM as a consequence of your breach of this agreement and your use of the site or interactive services.

Eagle FM will further not be liable for any third party claims brought against it, as a result of your use of the Eagle FM website and or associated applications.

  1. Force Majeure

Eagle FM shall not be liable to the other for any loss or damage which may be suffered by any party due to any cause beyond Eagle FM’s reasonable control including without limitation any power failure.

  1. Law and Jurisdiction

This agreement shall be governed by the laws of Namibia and you hereby submit to the exclusive jurisdiction of the Namibian courts.

  1. Comments

We do not actively moderate, monitor or edit contributions to the reader comments but we may intervene and take such action as we think necessary. If you have any concerns over the contents on our site, please either register those concerns using the report abuse button.

 

 

Competition Terms and Conditions

Eagle FM would hold competitions every now and then. The rules of the competitions would be explained and announced on any of our platforms it being any of the following: Website, Apps or the FM radio. Find the full terms and competitions pertaining to competitions here.

 

Intellectual Property

You hereby grant and assign to Eagle FM the entire copyright and other intellectual property rights in and/or arising from your entry and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products”), and where such products are not in existence at the date of this Agreement, by way of present assignment of future assignment.

You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.

For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Eagle FM for its own use (in its absolute discretion).

In consideration of us agreeing to consider entrants to the Competition, each entrant hereby assigns to us the complete copyright and all other rights in any entry, which shall be for the full period of copyright. We shall be free to assign such rights to third parties.

You hereby warrant that the information that you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything, which is libellous, defamatory, obscene, indecent, harassing or threatening and shall indemnify Eagle FM for any loss, damage or liability arising in connection therewith. If relevant, we reserve the right, but not the obligation (and without limiting our rights under your warranty and indemnity above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

Liability

Eagle FM is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any).

We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.

It is agreed and accepted by you that Eagle FM shall have no liability whatsoever in respect to competitions operated on behalf of third parties, eg. Sponsor.

Confidentiality

You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Eagle FM, its business, personnel, servants, agents or officers to anyone.

You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Eagle FM.

General

There is no fee payable to you in respect of your involvement in the Competition.

The Terms (unless otherwise expressly confirmed in writing by Eagle FM) supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Eagle FM. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.

In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.

The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.

These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement.

SMS “Texting”

By supplying your telephone number you consent to receive SMS messages from Eagle FM regarding new promotions, products and services.

Competition entries submitted by SMS may require the user’s name. Incomplete entries may not be eligible and may be disqualified.

Where there is any stated competition closing date, messages sent after the date are ineligible but may still be charged N$ 1.00 per SMS.

Mobile Apps

Eagle FM Namibia has mobile application hosted and downloadable on the AppStore for IOS devices and the PlayStore for android devices. The Apps provide at basic minimal functionality as found on the website. We do not track users nor collect confidential data on the users on the app other than the statistics automatically collected by Apple and Google.

 

Complaints Policy

Eagle FM, wishes to receive, consider and investigate the listeners’ concerns, comments and complaints to ensure that the best services are provided at all times. Eagle FM strives to address these complaints in a prompt and timely fashion. To achieve this, Eagle FM has created the “BOX BUDDY” where all the complaints, comments, concerns will be collected and responded to. Read our full complaints policy here