These terms form a binding agreement between Nedbank Limited ('Nedbank') and any person who uses or accesses the SimplyBiz® site at www.simplybiz.co.za ('site').
1 Interpretation and definitions
1.1 Unless otherwise specified:
1.1.1 the term person refers to natural and legal persons or groups of persons;
1.1.2 the singular includes the plural, and vice versa;
1.1.3 words that have been defined in these terms will have the meaning attributed to them in these terms, unless the context clearly indicates otherwise; and
1.1.4 references to Nedbank, will, where necessary to limit its liability or enforce its rights, include its service providers, agents, clients, officers, shareholders, directors and employees.
1.2 The following words will have the following meanings:
1.2.1 'Use' means any of the following actions: accessing, viewing, sharing or commenting on the content on the site for any reason, and/or creating, posting, copying, editing or otherwise contributing content to the site.
1.2.2 'Content' means material in any form or of any kind, including text, files, documents, software, code, videos, photos, podcasts, member details or other multimedia works.
1.2.3 'Post', read as a verb, means submitting, uploading, creating, transmitting, disseminating, sharing, commenting, storing, copying or otherwise making content available on the site.
1.2.4 'User' is any person who merely visits the site, as well as a person who posts content in his/her capacity as a registered member or otherwise, and includes Nedbank employees.
1.2.5 'Member' is a registered user.
2 Nature and purpose of this site
2.1 This site is meant to enable members to provide guidance and information to one another on business-related topics, to access articles and download tools, to highlight Nedbank services and products, along with other exciting developments in the small-business industry, on a public platform.
2.2 The site allows members to profile themselves and their businesses for networking, document processing and mentoring purposes.
2.3 The content on this site may only be used for the purposes stated above.
2.4 The site contains, among others, the intellectual property rights, including copyrights and trademarks, of Nedbank and its members.
2.5 No portion of this site may be copied or disseminated without Nedbank's prior written consent.
2.6 Once a member has registered on the site, the following will apply:
2.6.1 You will be able to request contact with other members for information or networking purposes.
2.6.2 You can accept, ignore or decline a request to further a business relationship.
2.6.3 You can accept or decline a request Nedbank generated through the site to contact you with discussions, topics, content of interest or information regarding those of its products and services that it believes would be relevant to your business. You will be able to opt out or amend this feature.
2.6.4 Any contact uploaded or shared is done at the risk of members.
2.6.5 Interactions on this platform are classified as social media interactions and are governed by Nedbank's social media policies. Members are encouraged to bring to our attention any incorrect, defamatory or inappropriate content or conduct by sending an email to email@example.com.
3 Prohibited content
3.1 While Nedbank respects and encourages the constitutional right to freedom of speech and expression, in the interest of all users the content listed below may never be posted on the site. This applies regardless of whether you are posting your own content or using content created by a third party.
3.1.1 Content that in Nedbank's sole opinion is or can generally be considered to be obscene, sexually explicit or pornographic.
3.1.2 Content that is illegal.
3.1.3 Content that you know to be false, or is designed to be misleading.
3.1.4 Content that is defamatory, intimidating, harassing, hateful, injurious, racist, sexist, abusive, malicious or threatening to any person or group of persons.
3.1.5 Content that incites hatred or violence.
3.1.6 Content that is frivolous, unreasonable, vexatious or posted in bad faith.
3.1.7 Content that infringes or may infringe the intellectual property rights of any person or legal entity. This includes content that you didn't create or that you do not have permission to post.
3.1.8 Content that constitutes or may constitute an invasion of the privacy rights of any person.
3.1.9 Content that constitutes or may constitute the wrongful or unlawful disclosure or publication of confidential information or trade secrets.
3.1.10 Content that is otherwise injurious to any person.
3.1.11 Content not expressly authorised by Nedbank that endorses, offers or promotes any product or services for commercial purposes.
3.1.12 Content that contains viruses, worms or other destructive code.
3.1.13 Content that may expose Nedbank or any other users to harm or liability.
4 Right of use
4.1 You may not use the site to do any of the following (whether for yourself or on behalf of any other person):
4.1.1 Impersonate any person.
4.1.2 Harass or intimidate any person.
4.1.3 Collect the personal information of any person.
4.1.4 Post spam.
4.1.5 Expose Nedbank or any other users to any harm or liability.
4.2 If you are unsure whether your conduct or content will amount to defamation or infringement or cause any harm you must not post it but obtain legal advice first. Nedbank is not in a position to assess whether this is the case and cannot advise you on this.
4.3 Nedbank reserves the right to remove any prohibited content and suspend or terminate your right to use the site immediately.
5 Desired behaviour
5.1 Make comments, share articles or repost opinions that are true or amount to fair comment and that are in the public interest in the context of the site community. If you fail to do this, you may be held liable for defamation (causing harm to a person or legal entity's reputation).
5.2 By posting content on the site you warrant and represent that you either created, own or otherwise have the right to use or post that content.
5.3 You warrant that any content that you post does not infringe any party's intellectual property or personal rights, including, but not limited to, his/her/its patent, copyright, trademark, trade secret, privacy or other personality rights. You also warrant that your use of the content or posting thereof constitutes fair use or fair comment or truth that is in the public interest.
6.1 Any product or service complaints about non-Nedbank products must be directed to the product or service provider in question to ensure resolution.
6.2 Any product or service complaints about Nedbank should be directed to the correct channels within Nedbank.
7.1 By posting content on the site, you grant Nedbank a non-exclusive, royalty-free, perpetual and worldwide licence to use your content in connection with the operation of the site and compiling information on its products and/or services.
7.2 By posting content on the site, you grant users/members permission to share your comment on social media platforms.
8.1 When you register to use the site (become a member), you must provide information that is true and accurate.
8.2 You must keep this information up to date.
8.3 By registering to use the site you warrant that you are over the age of 18. Alternatively, you confirm that your parent or legal guardian has agreed to your use of the site.
8.4 In the case of business registrations you warrant that you are duly authorised to register the business on the site. Businesses and individuals that register on the site may be vetted with a view to excluding any businesses or individuals deemed to be inappropriate by Nedbank. This will be at the sole discretion of Nedbank.
9 How we protect your user information
9.1 All users must be registered to become members.
9.2 On registration members can choose which of their details are available for other members to view.
9.3 On registration as a member on the site your personal and business information will be available to all registered members of the site.
9.4 Members have the ability to omit information that they do not want to publicise.
9.5 Personal and business information is made available in line with the nature and purpose of the site, and may not be used beyond this framework.
10.1 Nedbank recognises and respects your right to privacy. Accordingly we are committed to the protection of your personal information and the appropriate use of that information.
10.2 Access to this information is limited to the site, Nedbank and any member.
10.3 The information will be used to communicate with you only if you have selected to receive marketing information in your member registration form or profile.
10.4 Cookies accessed or stored by our site may retain personal information such as your name, email address and contact number, but you have the choice to switch off cookies on your computer.
10.5 No personal information gathered by us about you will be shared with any other person or entity without your prior permission, except as provided in these terms or as required by law.
10.6 Be aware that communication between you and any other member of the site can be accessed by other internet users.
10.7 Please do not use email if you want to share confidential information with us.
11 Your login details and duty to log out
11.1 You agree to keep your login details secret, including your username and your password, which you must select.
11.2 You must not give third parties access to your account or login details.
11.3 You must log out after each session to prevent other persons from accessing your account.
11.4 As we deal with each other in a non-face-to-face environment, we are entitled to assume that any content posted on the site after login with your username and password was posted by you or with your consent.
12 Nedbank's role and responsibilities
12.1 Nedbank merely provides a site for the use and appropriate enjoyment of its users.
12.2 Nedbank reserves the right to screen users after registration.
12.3 Nedbank reserves the right to monitor, delete or modify any of the content posted on the site from time to time, and to perform checks on members.
12.4 Nedbank respects the rights of all persons and requires that its members do the same.
12.5 If you believe that any person is acting inappropriately or performing any of the prohibited acts or posting prohibited content, you may contact Nedbank to report the matter, and Nedbank will take the appropriate action at its sole discretion.
12.6 Complaints that are frivolous, unreasonable, vexatious or in bad faith will not be entertained.
12.7 Nedbank reserves the right to monitor, or participate in, any disputes between members.
12.8 Nedbank's publication of any content posted by any member on the site does not amount to an endorsement of any kind.
12.9 Before relying on any product information, opinion, guidance and/or service you should verify that the resource, guidance, content, product and/or service is accurate.
12.10 While Nedbank will regularly back up site data, and endeavour to recover data that may be lost, it is not obligated to do so.
12.11 The availability of the site and its content, including data stored by members, cannot be guaranteed.
12.12 Nedbank reserves the right to discontinue the site at any time.
13 Disclaimer of warranties and limitation of liability
13.1 Nothing on the site constitutes an offer.
13.2 You agree that Nedbank will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage incurred as a result of your use of or reliance on any content posted on this site.
13.3 Nedbank is not liable to any person for any losses or damages that arise, directly or indirectly, from any content appearing on or originating from this site, or the actions or omissions of any members of this site or Nedbank in regard to this site.
13.4 This site is provided as is and as available.
13.5 Nedbank makes no representations or warranties of any kind, express or implied, as to the site's operation or the content included on the site.
13.6 Nedbank cannot and does not verify the accuracy, truth, ownership rights or nature of any content its members submit.
13.7 Nedbank will not be liable for any damage of any kind arising from the use of or inability to use the site.
13.8 To the full extent permissible by law Nedbank disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
13.9 Information transmitted over the internet or stored for display on the internet is susceptible to unlawful interception and monitoring.
13.10 By using the internet you accept the risks associated with unlawful interception and monitoring.
13.11 Comments on the platform may be shared outside of the platform and Nedbank will not be held responsible or liable for any effects and/or damages that may arise as a result of this.
14 Member indemnity
14.1 You agree to defend and indemnify Nedbank against and hold it harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees that may arise or result from your use of the site, or that was caused directly or indirectly by you or any person whom you allowed to access the site, whether by posting content on the site or otherwise.
14.2 Without derogating from the foregoing, you agree that Nedbank will at its sole discretion have joint control over litigation that arises as a result of your use of the site
14.3 No undertakings, settlements, public communications or statements that refer to or implicate Nedbank, directly or indirectly, will be issued or given without its prior written consent.
15 No responsibility for third-party sites, content and charges
15.1 From time to time Nedbank or members may provide links or access to third-party sites and content.
15.2 Nedbank is not responsible for such third-party sites or content or actions.
15.3 Nedbank does not provide any warranties about such third-party sites or the content or the operators of such sites.
15.4 Nedbank in no way recommends or endorses these parties, their sites or their content, products, opinions, advice (if any), relevance, currency, security or privacy.
15.5 Third parties may levy additional charges for using or accessing any of the content made available on the site, including cellphone or content service providers.
15.6 It is your responsibility to check charges before downloading content onto any device.
15.7 You agree that you must evaluate and assess content independently.
15.8 You will bear all risks associated with the use of any content. If you download any software by means of the site, you will be bound by the relevant software licence agreement.
16 We may modify these terms
16.1 Nedbank reserves the right to change these terms at any time and at our sole discretion.
16.2 You are responsible for regularly checking whether these terms have changed.
16.3 Any amendments will be binding on all users of the site.
16.4 A certificate issued by the webmaster will serve as prima facie proof of which version of the terms applied at a specific date, or which content was posted on the site on a specific date.
17.1 Entire agreement
17.1.1 These terms constitute the entire agreement between you and Nedbank regarding the use of the site and replace any previous agreements.
17.1.2 If you download any software from the site, the licence agreement applicable to such software will also apply to you.
17.2 Non-waiver and severability
17.2.1 Our failure to exercise or enforce any right or provision of these terms will not constitute a waiver thereof.
17.2.2 If any provision of these terms is held to be invalid, unlawful, void or unenforceable, the remainder of these terms will continue in full force and effect.
17.3 Governing law
17.3.1 The laws of the Republic of South Africa will apply.