Terms and Conditions

Last updated: 1 November 2023

Welcome to Nexinity. These terms and conditions outline the rules and regulations for the use of Nexinity's Website, located at www.nexinity.co.za/terms.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Nexinity if you do not agree to take all of the terms and conditions stated on this page.

Intellectual Property Rights

Other than the content you own, under these Terms, Nexinity and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

  • Publishing any Website material in any other media.
  • Selling, sublicensing and/or otherwise commercializing any Website material.
  • Publicly performing and/or showing any Website material.
  • Using this Website in any way that is or may be damaging to this Website.
  • Using this Website in any way that impacts user access to this Website.

Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Nexinity a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Nexinity reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided "as is," with all faults, and Nexinity expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of Liability

In no event shall Nexinity, nor any of its officers, directors, employees, or affiliates, be held liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, delict (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in effect.

Variation of Terms

Nexinity reserves the right to modify or replace these Terms at any time at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms constitutes acceptance of those changes.

Assignment

The rights and obligations under these Terms may not be assigned or transferred by you without the prior written consent of Nexinity. Nexinity may assign or transfer its rights and obligations under these Terms without restriction.

Entire Agreement

These Terms and any policies or operating rules posted by us on this site or in respect to the service does not constitute the entire agreement and understanding between you and Nexinity and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Nexinity (including, but not limited to, any prior versions of the Terms).

Governing Law & Jurisdiction

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You agree to submit to the exclusive jurisdiction of the courts of South Africa for the purpose of litigating all such claims or disputes.

Email Legal Notices

All email communications and any files transmitted with them are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received an email in error, please notify the sender and delete the message immediately. Email transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.

The sender therefore does not accept liability for any errors or omissions in the contents of this message which arise as a result of email transmission. If verification is required please request a hard-copy version. By replying to, or sending an email message to the sender, you accept and agree to these provisions.

This email policy is subject to and governed by the laws of South Africa. Any disputes arising from email communications will be resolved in accordance with our Email Disclosure and Confidentiality Policies.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at info@nexinity.co.za.