Updated July 2024

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1. Intended audience/ use

1.1 NexusDynamics ("NexusDynamics") provides this website, www.nexusdynamics.co.za (the "Site"), subject to these Terms of Use. By using this site, you signify your assent to the terms of use recorded herein and agree to be bound by them.

1.2 The Terms of Use may be updated by NexusDynamics from time to time without notice to you.

1.3 This website and all the information, communications, downloads, software, scripting, photos, text, video, graphics, music, sounds, images, and other materials and services found on the Site (collectively "Content") are intended for lawful use by NexusDynamics's customers, employees, and members of the general public. The Site is controlled and operated, in whole or in part, by NexusDynamics from its offices within South Africa. NexusDynamics makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site do so at their own risk. You acknowledge that NexusDynamics reserves the right, in its sole discretion, to refuse or terminate access to the Site by you at any time.

1.4 If you are under the age of 18, you must obtain permission from your parents or guardian before:

1.4.1 Emailing the site or requesting us to email you anything.

1.4.2 Providing any information.

1.4.3 Entering any contest.

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2. Restrictions on use of content

2.1 Unauthorized copying, displaying, or other use of any content from this site is a violation of the law.

2.2 You acknowledge that NexusDynamics has advised you that the Content is protected in South Africa and internationally by various laws, including but not limited to copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights").

2.3 In addition to NexusDynamics's Rights in individual elements of the Content, NexusDynamics or its licensors own copyright in the selection, coordination, and arrangement of the Content.

2.4 You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, NON-COMMERCIAL use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the Web Site Terms of Use. Use of the Content is limited to use authorized in terms of the Site. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Site (whether by linking, framing, or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without NexusDynamics's prior express written consent. By posting content on the Site, you grant NexusDynamics the right to display such content on the Service and to use such content for promotional and marketing purposes.

 

3. Trademarks and service marks

There are several proprietary logos, service marks, trademarks, slogans, and product designations found on this Site. By making them available on this Site, NexusDynamics does not grant you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of NexusDynamics's or any third party's intellectual property rights.

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4. Privacy and security

All personal information obtained by NexusDynamics through your use of this website is protected as set out in our Privacy Policy.

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5. Links

5.1 No person, business, or website may link to any page on this site without the prior written permission of NexusDynamics.

5.2 This Site may provide links to other third-party World Wide Web sites or resources. NexusDynamics makes no representations whatsoever about any other website that you may access through this Site. Because NexusDynamics has no control over such sites and resources, you acknowledge and agree that NexusDynamics is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services, or other materials on or available from such sites or resources. NexusDynamics makes no representation or warranty as to any third-party Content, products, or services, and you agree that NexusDynamics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party Content, products, or services available on or through any such site or resource.

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6. Participation in promotions, competitions and other site activities

If you choose to participate in a promotion, competition, or other NexusDynamics-sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity.

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7. Transmitted material

Internet Transmissions are never completely private or secure. You understand that any message or information you send to the site may be intercepted by others, unless such message or information is encrypted. Sending a message to NexusDynamics does not cause NexusDynamics to have a special responsibility to you.

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8. Disclaimer of warranty

8.1 NexusDynamics does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, reliability, results of use, the content of the site, or any other websites linked to or from the Site.

8.2 Although NexusDynamics intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses," or other destructive materials to this Site, it does not guarantee or warrant that this Site or materials that may be downloaded from this Service do not contain such destructive features. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material or use of this site.

8.3 The content of the site is provided "as is" and on an "as available" basis, without warranties of any kind either express or implied. The site has not been compiled or supplied to meet the user’s individual requirements, and it is your sole responsibility to satisfy yourself that the service available from this website will meet your needs and requirements prior to entering into any agreement with NexusDynamics.

8.4 To the fullest extent possible pursuant to applicable law, NexusDynamics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. No advice or information, whether oral or written, obtained by you from NexusDynamics shall be deemed to alter this disclaimer of warranty or to create any warranty.

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9. Limitation of liability

NexusDynamics will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this site, its content, or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, or consequential damages, even if NexusDynamics has been advised of the possibility of such damages.

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10. Indemnity

You agree to indemnify and hold harmless NexusDynamics, its directors, officers, shareholders, managers, employees, family members, subsidiaries, affiliates, contractors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement.

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11. Address for service

The address for service for all purposes relating to these terms of use, including the giving of any notice, the serving of any process, is NexusDynamics, 7 Crystal Springs, 26 8th Lane, Lambton, Johannesburg,1401

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12. General

12.1 NexusDynamics may modify, suspend, withdraw, or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that NexusDynamics shall not be liable to you or to any third party for any modification, suspension, withdrawal, or discontinuance of the Content. NexusDynamics may at any time revise these website Terms and Conditions by updating this posting. By using the Site, you agree to be bound by any such revisions, and you agree to periodically visit this page to determine the then-current website Terms and Conditions to which you are bound.

12.2 These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

12.3 You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein or the terms or any matter related to or in connection therewith.

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13. Full Electronic Communications Disclaimer

Every effort is made to provide accurate and complete information. However, given the substantial amounts of information for our communications at the time of dissemination, often uploaded within short deadlines, we cannot guarantee that there will be no errors. We therefore accept no responsibility for any loss or damage that may arise from reliance on information contained in any communication sent. NexusDynamics (Pty) Ltd, nor their employees and contractors, nor their subsidiaries and affiliates, make any warranty with respect to the accuracy of any information expressed or implied in any communication.

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