Terms and Conditions

  1. INTRODUCTION: Welcome to our Nedbank Cup Application (“App “). This App is published by or on behalf of Nedbank Limited (“Nedbank” or “We” or “Us“) a company registered in the Republic of South Africa, company number 1951/000009/06 with registered office at 135 Rivonia Road, Sandown, Sandton, 2196, South Africa. Any reference to Nedbank includes Nedbank’s affiliates.

By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and our  privacy policy. If you do not accept these Terms, you will not to be entitled to download and register on the App and will not have access to any of the functionalities of the App..

By accepting these Terms you agree to be bound by them. This agreement contains certain terms and conditions that: • may limit the risk or liability of Nedbank or a third party; • may create risk or liability for you; • may compel you to indemnify Nedbank or a third party; and/or • may be an acknowledgement of a fact by you. 

These Terms are important and should be carefully noted.

Nothing contained in these Terms is intended or must be understood unlawfully to restrict, limit or avoid any rights or obligations you have in terms of the Consumer Protection Act of 2008, (“CPA”) to the extent that such legislation is applicable.

 

Your attention is also drawn to the fact that, while Nedbank will take all reasonable steps to apply appropriate security measures, the use of the App may nevertheless expose you to risk. For example, if you modify or tamper with any operating system software, browser software or any other software packages or programs on your mobile device, unauthorised third parties may gain access to your confidential or personal information.

  1. GENERAL RULES RELATING TO CONDUCT: The App is made available for your own personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable South African laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright or other intellectual property infringement; or

(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or

(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

You agree to indemnify Nedbank, its directors, or employees in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

  1. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Nedbank. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Nedbank’s express written permission.

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Nedbank or third parties. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Nedbank or the relevant third party partner, as the case may be.

The App contains news, content and videos, which consume data at your cost.

  1. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties (“Third Party Websites“). Nedbank does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
  2. NEDBANK PRIVACY POLICY: We take your privacy very seriously. Nedbank will only use your personal information in accordance with the terms of our  privacy policy. By accepting these Terms you acknowledge and agree that you have read and accept the terms of our app privacy policy.
  3. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEDBANK DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, DELICT OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL WARRANTIES,, INCLUDING TERMS OR CONDITIONS AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN NEDBANK AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Nedbank will not be liable, in contract, delict (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

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  1. SERVICE SUSPENSION: Nedbank reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
  2. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Nedbank, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
  3. COMPETITIONS: If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that Competition. Unless expressly stated in the Competition rules to the contrary, Nedbank is not a promoter in respect of the Competitions as contemplated in the Consumer Protection Act of 2008. The competitions utilise the App to enter into a competition, register for a competition or collect points for a competition. Nedbank accepts no liability or responsibility for errors caused by poor network connectivity or users abusing the competition mechanics to earn points. Users guilty of abusing the mechanics may be suspended and/or have all their points reset.
  4. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and Nedbank concerning your use of the App.

Nedbank reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App.

These Terms shall be governed by and construed in accordance with South African law and you agree to submit to the exclusive jurisdiction of the South African Courts.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Nedbank’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nedbank in writing.

Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits or otherwise in favour of any person other than you, and Nedbank.

  1. CONTACT US: You can contact Nedbank at Limited email: info@nedbankcupapp.co.za