Terms and Conditions

1.1 General Conduct Requirements

As a user of our services, you agree to:

• Comply with all applicable local, national, and international laws and regulations
• Provide accurate, current, and complete information when required
• Use our services only for their intended lawful purposes
• Respect the rights and dignity of other users and third parties
• Maintain the security and confidentiality of your account credentials
• Refrain from any activity that could harm or impair our services

1.2 Prohibited Activities and Behaviors

You expressly agree not to:

• Use our services to transmit or distribute any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload, post, or transmit any content that infringes intellectual property rights, privacy rights, or other proprietary rights of any party
• Attempt to gain unauthorized access to our systems, other user accounts, or computer systems or networks
• Interfere with or disrupt the integrity or performance of our services or the data contained therein
• Use automated systems, including robots, spiders, or scrapers, without our explicit written permission
• Collect or harvest personal information about other users without their consent
• Transmit spam, chain letters, or other unsolicited communications

1.3 Content Guidelines and Restrictions

Any content you submit, post, or transmit through our services must comply with community standards of decency and respect. You are solely responsible for the content you create or share. We reserve the right to remove any content that violates these terms or that we deem inappropriate.

1.4 Age Restrictions and Requirements

You must be at least 18 years of age to use our services independently. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms and Conditions on your behalf.

1.5 Compliance and Indemnification

You agree to indemnify, defend, and hold harmless Nexus Digital, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses arising from your violation of these Terms and Conditions or your use of our services.

2.1 Privacy and Data Protection

You are responsible for reviewing our Privacy Policy and Cookie Policy to understand how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in those policies.

2.2 Third-Party Interactions

Our services may include links to third-party websites, services, or content. You acknowledge that any interactions with third parties are solely between you and the third party. We are not responsible for the actions, content, or policies of third parties.

2.3 Service Costs and Expenses

You are responsible for all costs associated with accessing and using our services, including internet connection fees, device costs, and any third-party service fees. We are not responsible for any charges incurred by your service providers.

2.4 Backup and Data Loss

While we implement reasonable data protection measures, you are responsible for maintaining backups of any important data or content you submit to our services. We are not liable for any loss of data resulting from technical failures, security breaches, or other circumstances.

3.1 Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that services will be uninterrupted, secure, or error-free
• Warranties regarding results or outcomes from using our services

3.2 Limitation of Liability

To the maximum extent permitted by applicable law, Nexus Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use our services
• Any conduct or content of any third party using our services
• Any content obtained from our services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our aggregate liability exceed the amount you paid us, if any, in the twelve months preceding the claim, or R1,000, whichever is greater.

3.3 Exclusion of Consequential Damages

We shall not be liable for any consequential, incidental, indirect, or special damages whatsoever, including loss of business profits, business interruption, loss of business information, or other pecuniary loss, even if we have been advised of the possibility of such damages.

3.4 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

3.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

4.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Cape Town, South Africa.

4.2 Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising from these Terms and Conditions or our services, the parties agree to the following escalation procedure:

1. 1. Initial direct negotiation between the parties in good faith for a period of 30 days
2. 2. If unresolved, mediation by a mutually agreed mediator
3. 3. If mediation fails, arbitration or litigation as permitted by law

4.3 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

4.4 Limitation of Actions

Any cause of action or claim you may have arising out of these Terms and Conditions or our services must be commenced within one year after the claim or cause of action arises. Otherwise, such cause of action or claim is permanently barred.

4.5 Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The unenforceable provision shall be replaced with an enforceable provision that most closely matches the intent of the original provision.

4.6 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published by us on our services, constitute the entire agreement between you and Nexus Digital concerning the use of our services. Any prior agreements, representations, or understandings are superseded by these terms.

4.7 Assignment

You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without our prior written consent. We may assign our rights and obligations under these terms without restriction. Any attempted assignment in violation of this provision is void.

4.8 Waiver

No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.