TERMS AND CONDITIONS OF USE AND SERVICE
Nicework strives to make every user interaction a professional one by ensuring that we fulfil our duties and obligations to all our valued users. Nicework values transparency in all our operations and we would like to take this opportunity to share our Terms and Conditions of Use and Service with you.
By accessing or using www.nicework.co.za or any of its associated blogs or online platforms (“the Website”), owned and operated by Nice Work Communications CC (Registration Number CK 2003/096998/23) (“Nicework”), you agree that you have read, understood and consent to be bound to the terms and conditions contained herein (“the Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Nicework.
Please pay specific attention to the BOLD paragraphs of the Terms. These paragraphs limit the risk or liability of Nicework or a related third party, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Nicework or are an acknowledgement of any fact by you.
Please read these terms carefully before accessing or using the Website.
The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Nicework or its possession.
Not all terms are defined in order.
These Terms were last updated on 10 March 2019.
1. INTRODUCTION TO THE WEBSITE
1.1. Nicework, via the Website, provides an online information platform which enables users to access information about Nicework’s Branding, Graphic Design, Marketing and Service design services, and contact methods to reach them.
1.2. Your continued access to or use of the Website, in any capacity, constitutes your acceptance to be bound by the Terms, as amended. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Nicework uploading the amended Terms to the Website. It is your responsibility to read these Terms periodically to ensure you are aware of, and understand, any changes. Please contact email@example.com for further information on any provision of the Terms.
1.3. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. You must not use this Website for any illegal activity or if you do not agree to the Terms.
1.4. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives their consent, then such person agrees to be bound to the Terms and to be liable and responsible for you and all of your obligations under the Terms.
2. USER INTERACTION WITH THE WEBSITE
2.1. By entering your personal information on the Website, Nicework is entitled to assume that the person using the Website is you. You are responsible for keeping your Website information safe and private, and any actions performed on the Website using your information will be assumed to be you.
2.2. You agree to notify Nicework immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your personal/Website information and to take steps to mitigate any resultant loss or harm.
3. RELATIONSHIP BETWEEN THE PARTIES
3.1. YOU ACKNOWLEDGE AND AGREE THAT NICEWORK MERELY PROVIDES A SOFTWARE AND ONLINE PLATFORM FOR USERS TO DISCOVER MORE INFORMATION ABOUT NICEWORK AND/OR ITS AFFILIATES, VIA THE WEBSITE.
3.2. Although Nicework may allow third party service providers to advertise themselves, or provide information about themselves via/on the Website, anything posted or created by such third parties and posted on the Website is entirely the responsibility of such a third party. Although Nicework carefully curates each third party’s input prior to being placed on the Website, Nicework is not responsible for the nature, format, quality or standard of any service, information or product advertised or provided by a third party on the Website.
4. SERVICES INFORMATION PROVIDED BY NICEWORK ON THE WEBSITE
4.1. You acknowledge that the information relating to any and all Nicework services on offer at any time via the Website may change at any time without notice to you. Nicework will take all reasonable efforts to monitor its advertised services on the Website and ensure that when a service is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of any particular service when contacted. When a service is no longer available after you have made an enquiry related thereto, Nicework will notify you as much, and assist to find a solution.
4.2. Nicework shall take all reasonable efforts to accurately reflect the description, availability, price and/or other pertinent information of a service on the Website. However, should there be any error of whatsoever nature on the Website (which is not due to our gross negligence or fraud), we shall not be liable for any loss, claim or expense relating to an engagement based on any error.
5. USER RESPONSIBILITIES AND WARRANTIES
5.1. By using the Website, you warrant that you:
5.1.1. have read and agreed to these Terms and will use the Website in accordance with them;
5.1.2. have not made any misrepresentations and the information provided via/to the Website is true, accurate and complete;
5.1.3. have the legal capacity to understand and be bound by the Terms and are the age of majority in your country of residence and/or you have permission from your legal guardian to use the Website, if such permission is required;
5.1.4. will not post, upload, replicate or transmit any abusive content on or through the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
5.1.5. will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end “look and feel” of the Website or the underlying software code;
5.1.6. will not infringe any third party or the Website’s intellectual property or other rights or transmit content that you do not own or do not have the right to publish or distribute (see the Intellectual Property terms for more information);
5.1.7. will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances or devices; and/or
5.1.8. will not facilitate or assist any third party to do any of the above.
5.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you will be responsible for such rates and fees.
5.3. Without prejudice to any of Nicework’s other rights (whether in law or otherwise), Nicework reserves the right to deny you access to the Website where Nicework believes (in its reasonable discretion) that you are in breach of any of these Terms.
5.4. Nicework does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
6. RECEIPT AND TRANSMISSION OF DATA MESSAGES
6.1. Data messages sent by Nicework to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
6.2. Nicework reserves the right not to respond to any communication, email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
6.3. Whilst all reasonable care is always used by Nicework, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Nicework is therefore not responsible for the accuracy of any message sent by email over the internet, whether from Nicework to a user or from a user to Nicework.
7. USE OF PERSONAL INFORMATION AND PRIVACY
7.2. Should you decide to function as a user on the Website and/or submit your personal information to Nicework via the Website, Nicework may collect, collate, process, and use the following types of information about you when you use the Website (“personal information”):
7.2.1. Information provided by the user. Nicework collects personal information which you voluntarily provide to Nicework and/or the Website (that is, information about the user that is personally identifiable such as name, email, phone number, company and project details that is not otherwise publicly available); and
7.2.2. Information that is collected automatically. Nicework receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 7.14 below), the user’s Internet Protocol (“IP”) address, browser type, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
7.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Nicework is however under no obligation to ensure that your personal information or other information supplied by you is correct.
7.4. You warrant that the personal information disclosed to Nicework is directly from you as the user on the Website, and all such personal information is lawfully yours to provide.
7.5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
7.6. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or Nicework services, and you have consented to this, but we will not, without your express consent:
7.6.1. use your personal information for any purpose other than as set out below:
220.127.116.11. in relation to your effective use of the Website;
18.104.22.168. to contact you regarding current or new products or services or any other products or services offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same such correspondence);
22.214.171.124. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same such correspondence); and
126.96.36.199. to improve our services descriptions and your experience on our Website by, for example, monitoring your browsing habits, or tracking your use of the Website; or
7.6.2. disclose your personal information to any third-party other than as set out below:
188.8.131.52. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, in order to assist us to communicate with you properly and efficiently;
184.108.40.206. to our divisions and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for the purposes of sending you marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through same such correspondence);
220.127.116.11. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
18.104.22.168. to our service providers (under contract with us) who help with parts of our business operations (such as fraud prevention, marketing, or technology services). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and according to the same standards as how we operate.
7.7. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Nicework is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
7.8. We ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Nicework’s in relation to your personal information.
7.9. We will:
7.9.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
7.9.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
7.9.3. provide you with reasonable access to your personal information to view and/or update personal details;
7.9.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
7.9.5. provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
7.9.6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
7.10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
7.11. Nicework undertakes never to sell or make your personal information available to any third-party other than as provided for in these Terms.
7.12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
7.15. The user is entitled to request access to any relevant personal data held by Nicework and where such access is necessary for you to exercise and/or protect any of the user’s rights.
8. USE AND DISCLOSURE OF INFORMATION
8.1. If you have opted to receive emails from Nicework, your email address will be used to contact you from time to time and we may also use it for security reasons to confirm your identity.
8.2. Nicework agrees not to use the users’ provided email address in any manner that users do not consent to nor alert any other parties of the users’ address without that user’s consent.
8.3. You have the right to opt-out from receiving electronic mail communication by following the directions posted on every electronic mail communication sent to you, or by contacting us directly at firstname.lastname@example.org
8.4. Nicework may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.
8.5. Nicework will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of Nicework, its affiliates or the public. Nicework may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
8.6. Circumstances may arise where, whether for strategic or other business reasons, Nicework decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Nicework’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these Privacy terms.
9. ACCESS TO AND ACCURACY OF YOUR INFORMATION
9.1. Nicework strives to keep your personal information accurately recorded. Nicework provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact email@example.com to engage Nicework on such actions or requests.
9.2. The user is entitled to request access to any relevant personal data held by Nicework and where such access is necessary for you to exercise and/or protect any of the user’s rights.
9.3. The user may request Nicework to review the personal information which it holds and may request for Nicework to delete such information. The deletion of any information may result in certain Website services being unavailable.
10. INTELLECTUAL PROPERTY
10.1. Subject to your adherence to the Terms, Nicework grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which you are the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Nicework.
10.2. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code of the Website (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Nicework, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
10.3. Subject to the rights afforded to you in these Terms, all other rights to all the intellectual property on the Website are expressly reserved by Nicework and/or third-parties who have provided Nicework with a licence to use their intellectual property on the Website. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Nicework first being granted, which consent may be refused at the discretion of Nicework. No modification of any intellectual property or editorial content or graphics is permitted.
10.4. Nicework reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website, at any time without notice.
10.5. Where any of the Website intellectual property has been licensed to Nicework or belongs to any third party, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
10.6. Any enquiries regarding any of the above relating to intellectual property must be directed to Nicework at firstname.lastname@example.org
11. ADVERTISING AND SPONSORSHIP
11.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
11.2. Nicework, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
12. DISCLAIMERS AND INDEMNITIES
12.1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". Nicework makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
12.2. All information or opinions of users or third parties made available on the Website in relation to any of the services are those of the authors and not Nicework. While Nicework makes every reasonable effort to present such information accurately and reliably on the Website, Nicework does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
12.3. Nicework, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom.
12.4. Nicework, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from your access to, or use of, the Website in any manner.
12.5. Nicework takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Nicework does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
12.6. The user indemnifies and holds harmless Nicework, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or services offered through the Website in any way.
12.7. The user agrees to indemnify, defend and hold Nicework harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
12.8. This clause will survive termination of this agreement.
13. COMPANY INFORMATION
Site owner: Nice Work Communications cc
Legal Status: Nicework is a Close Corporation
Registration Number: CK 2003/096998/23
Director: GR Drakes
Description of main business: Branding and Service Design
Telephone number: +27 11 482 7380
Email address: email@example.com
Website address: www.nicework.co.za, www.nicework.in
Physical address: Office 1.1 Workshop17, Heritage Site, 16 Baker Street, Firestation, Rosebank, Johannesburg, 2196
Postal address: Office 1.1 Workshop17, Heritage Site, 16 Baker Street, Firestation, Rosebank, Johannesburg, 2196
Registered address: 7 Quince Street Milpark
14. DISPUTE RESOLUTION
14.1. Should any dispute, disagreement or claim (“dispute”) arise between the parties concerning the use of the Website, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
14.2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, then they shall use the services and assistance of any applicable regulator and/or ombud, or finally, by confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”), with an arbitrator selected by Nicework. Arbitration proceedings shall be conducted in Johannesburg in English. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the Magistrate’s Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court.
14.3. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
14.4. Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable legislation.
15.1. Nicework reserves the right to terminate and cancel your access and/or use of the Website if you breach any of the Terms, or for any other reason provided that Nicework gives reasonable notice to you with written reasons for the cancellation.
15.2. If you wish to terminate your agreement with the Terms and with Nicework, you may do so by discontinuing your use of the Website.
16. NOTICES AND SERVICE ADDRESS
16.1. Each of the parties choose their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
16.1.1. in the case of Nicework, at firstname.lastname@example.org; and
16.1.2. in the case of the user, at the email and addresses provided by the user to Nicework via the Website, or otherwise.
16.2. Any notices to any party will be sent via email. Unless the contrary is proved, any notice transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the day of transmission.
16.3. The term "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.
16.4. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
16.5. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
17.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.2 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
17.2. No indulgence, leniency or extension of time granted by Nicework shall constitute a waiver of any of Nicework’s rights under these Terms and, accordingly, Nicework shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
17.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
17.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
17.5. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
17.6. Should you have any complaints or queries, kindly address an email to email@example.com advising Nicework of any complaint or query.
17.7. In the event of the user breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Nicework in relation to the breach.
17.8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
17.9. No term or condition of these Terms is intended to breach any peremptory provisions of any national legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.8 mutatis mutandis.
Have a nice day.