TERMS OF USE AND PRIVACY POLICY
1 Background
These terms of use form a binding agreement between Nedbank Limited, registration number 1951/000009/06 (we, us, our), and any person who uses or registers on the SimplyBiz platform at simplybiz.co.za (you). By accessing the platform, you confirm that you accept and agree with these terms of use.
SimplyBiz SA © 2010–2024 Nedbank group of companies or its licenser. Trademarks are owned by or licensed to the Nedbank group of companies. All rights reserved.
Banking and Beyond © 2012–2024 Nedbank group of companies or its licenser. Trademarks are owned by or licensed to the Nedbank group of companies. All rights reserved.
2 Interpretation and definitions
2.1 Unless otherwise specified or indicated by the context, the following applies:
2.1.1 The term 'person' refers to natural and legal persons or groups of persons.
2.1.2 The singular includes the plural, and vice versa.
2.1.3 One gender includes all the others.
2.1.4 References to Nedbank will, where necessary to limit its liability or enforce its rights, include Nedbank's officers, shareholders, directors, employees, service providers, agents and/or clients, unless such officers, shareholders, directors, employees, service providers, agents and/or clients are acting in their personal or business capacity, with no affiliation to Nedbank.
2.1.5 The following words will have the following meanings:
2.1.5.1 Content Material, data or information in any form or of any kind, including icons, text, graphics, files, documents, software, licence codes, videos, photos, podcasts, layouts, images, sound clips, advertisements, tradenames, trademarks, designs, service marks, member details and other multimedia works.
2.1.5.2 Funder Any organisation, individual, company or other entity that has presented itself as able to offer legitimate funding solutions to businesses and business owners and has requested its details to be published on the platform as an investor.
2.1.5.3 Platform An online marketplace that uses technology to match and encourage positive interactions between producers and consumers in a multisided marketplace that may contain products, services, opportunities, guidance and information. The online system may be entirely self-contained, or it may allow third-party apps and individuals to connect through the platform's application programming interface (API).
2.1.5.4 Post As a verb – submitting, uploading, creating, transmitting, disseminating, sharing, commenting, storing, copying or otherwise making content available on the platform.
2.1.5.5 Member A registered user.
2.1.5.6 Use Any of the following actions:
• Creating or posting content on the platform.
• Accessing, viewing, copying, editing, sharing, commenting on or otherwise contributing to the content on the platform.
2.1.5.7 User Any person, including members, who visits the platform or accesses, uses or posts content on the site.
3 Nature and purpose of this platform
3.1 This platform enables members to:
• post questions and give advice to other business owners on business matters;
• find articles, downloadable templates and other digital assets such as polls and webinars;
• advertise their business products and services to other business owners;
• generate leads and create new business opportunities between members;
• consider recommendations; and
• equip business owners to start, run or grow a small business on a public platform.
3.2 When you become a member and view and use the platform, you consent to receiving direct marketing notifications and other communications from SimplyBiz, Nedbank or other SimplyBiz members. If you wish not to be contacted or to receive communications, you may cancel your membership by emailing contactus@simplybiz.co.za.
3.3 When you become a member, you provide SimplyBiz and Nedbank permission to market and advertise your business publicly, while including your contact details on all social, print and digital platforms, and through any additional means, including to showcase the business development support offered to you and your business, free of charge.
3.4 The content on this platform may be used only to:
• help you find and connect with people, groups, businesses, organisations and others that matter to you across SimplyBiz;
• profile yourself and your businesses for networking, document-processing and mentoring purposes; and
• access business development resources and support.
3.5 The content displayed on or incorporated in this platform is protected by law, including copyright and trademark law (and in line with clause 17.3 below), and is:
• the property of a member or Nedbank or its advertisers, sponsors or contributors; and/or
• social media content shared by third parties not associated with Nedbank and/or sponsors; and/or
• licensed to SimplyBiz.
3.6 You will not acquire any right, title or interest in or to the platform or the content.
3.7 Any use, distribution or reproduction of the content is prohibited, unless expressly authorised in these terms of use or otherwise provided for in law. To obtain written consent for the commercial use of or a link to any content, you must send us an email at contactus@simplybiz.co.za. If we do not respond in writing within 10 business days, we have not agreed to your request.
3.8 The platform contains, among other things, the intellectual property rights, including copyrights and trademarks of Nedbank, the members, authors and/or third parties. Your right to use the content will be subject to any terms and conditions set out by the owner of the intellectual property rights and you agree to comply with such owner terms and conditions.
3.9 Members can:
3.9.1 contact other members for information, business relations or networking purposes;
3.9.2 accept, ignore or decline a request to further a business relationship;
3.9.3 unsubscribe from SimplyBiz if they do not want to receive information regarding Nedbank products and services on SimplyBiz; and
3.9.4 view, message and share information, which may be seen by other users.
3.10 If any contact details or information is uploaded, accessed, accepted or shared, it is done at the risk of members.
3.11 Where we have made settings available, we will honour the choices you make about who can see the content or information.
3.12 Interactions on SimplyBiz are classified as public, social media interactions and members are encouraged to bring to our attention any incorrect, defamatory or inappropriate content or conduct by logging an incident using the SimplyBiz help function or sending an email to contactus@simplybiz.co.za. We will take appropriate action as we see fit.
3.13 If a member has unsubscribed, the member's account will be deactivated, but for purposes of continuity, posts, activities and information will still be available for 12 months from the date that the member unsubscribed. After the 12 months, all posts will be destroyed on the SimplyBiz platform. We are not able to delete any shared posts that appear elsewhere.
3.14 SimplyBiz uses third-party plugins such as the following (please note that this is not an exhaustive list):
3.14.1 Mailchimp – newsletter services: https://mailchimp.com/?ds_rl=1276838&gclid=Cj0KCQjwnqH7BRDdARIsACTSAdvSP4-DJJVtEVn0byMU-Xf1O-LERo-prMHPZ6sLWUSVBIPRRQir-4saAlr9EALw_wcB&gclsrc=aw.ds
3.14.2 Nopcommerce – platform service:
https://g.co/kgs/ZWqLvV
3.14.3 Zendesk – platform / community management services: https://www.zendesk.co.uk/support/?utm_source=google&utm_medium=Search-Paid&utm_network=g&utm_campaign=SE_AW_EM_UK_ENB_N_Sup_Brand_TM_Alpha_D_H&matchtype=e&utm_term=zendesk&utm_content=353565700922&utm_adgroup=Zendesk+Trademark_%5BSKAG%5D&gclsrc=aw.ds&gclid=Cj0KCQjwnqH7BRDdARIsACTSAdvUYsMf_XS56gwu5lk_5wXzQrUyFfxX7O-SMa2PbmFdAJ56doGMinMaAhfPEALw_wcB
3.14.4 Froala – pitch deck service:
https://froala.com/wysiwyg-editor/?utm_source=google&utm_medium=cpc&utm_content=Brand-WW-X&gclid=Cj0KCQjwnqH7BRDdARIsACTSAdsuYytBHHAWsyepdbCbK6TziQ2PoCKueYK3AaZk2xqxdKWH2OXoo5YaAkmKEALw_wcB
3.14.5 Twilio – SMS OTP service:
https://ahoy.twilio.com/twilio-products?utm_source=google&utm_medium=cpc&utm_term=twilio&utm_campaign=G_S_Brand_EMEA_ROE_Emerging&campaignid=10502652880&adgroupid=103434153829&adid=447129504694&gclid=Cj0KCQjwnqH7BRDdARIsACTSAds9uRjVSjTXVUW8fAcLwg3Vm5PGec4PIiz7U7gGDEmg9JqSEq_SyaYaAkidEALw_wcB&gclsrc=aw.ds
3.14.6 Typeform – form generation services: https://www.typeform.com/product/?tf_campaign=brand_9724248152_v2&tf_source=google&tf_medium=paid&tf_content=101060313298_427947668536&tf_term=typeform&tf_dv=c&tf_matchtype=e&tf_adposition=&gclid=Cj0KCQjwnqH7BRDdARIsACTSAdsSQKRMALmxaHQU8Vmc4mOR9CeXD99c_K_ysSgAvWm6iXMma4mxDgsaAnGVEALw_wcB
3.14.7 Microsoft teams – webinar or academy learning:
https://www.microsoft.com/en-za/microsoft-teams/download-app
3.15 The third parties will have access to and use the data you share on SimplyBiz. SimplyBiz takes no and has no responsibility in this regard.
3.16 SimplyBiz is not responsible for the upkeep or updating of the abovementioned third-party platforms or terms and conditions.
4 Prohibited content
4.1 We respect and encourage the constitutional right to freedom of speech and expression, but in the interest of all users the content listed below may never be posted on the platform, whether you are posting your own content or using content created by a third party:
4.1.1 Content that in our opinion is not of a business nature or does not meet the strategic intent of the platform.
4.1.2 Content that in our opinion is or can generally be considered to be obscene, sexually explicit or pornographic.
4.1.3 Content that is illegal.
4.1.4 Content that you know to be false or that is designed to be misleading.
4.1.5 Content that is defamatory, intimidating, harassing, hateful, injurious, racist, sexist, abusive, malicious or threatening to any person or group of persons.
4.1.6 Content that incites hatred or violence.
4.1.7 Content that is frivolous, unreasonable, vexatious or posted in bad faith.
4.1.8 Content that infringes or may infringe the intellectual property rights of any person or legal entity. This includes content that you did not create or that you do not have permission to post.
4.1.9 Content that constitutes or may constitute an invasion of the privacy of any person.
4.1.10 Content that constitutes or may constitute the wrongful or unlawful disclosure or publication of confidential information or trade secrets.
4.1.11 Content that is otherwise injurious to any person or entity.
4.1.12 Content that contains viruses, worms or other destructive codes, spyware, malware, trojans, destructive materials or any other data that can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede the members, operation, stability, security functionality or content of the platform, computer network, hardware or software.
4.1.13 Content that may expose us or any other users to harm or liability.
4.2 If your posts violate any of these provisions, we may remove the content, disable your account after repeated violations and take any other action as we see fit.
5 Right of use
5.1 You may not use the platform to:
5.1.1 impersonate any person;
5.1.2 harass or intimidate any person;
5.1.3 collect the personal information of any person;
5.1.4 post spam; or
5.1.5 collect members’ information and sell it to other parties.
5.2 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. We are not in a position to assess whether this is the case and cannot advise you on this.
5.3 We reserve the right to remove any prohibited content and suspend or terminate your right to use the platform at our sole discretion.
5.4 We reserve the right to remove any member found guilty of any misconduct.
6 Desired behaviour
6.1 You must ensure that any comments you make, articles you share or opinions you repost are true or amount to fair comment and are in the public interest in the context of the business community. If you fail to do this, you may be held liable for defamation (causing harm to a person or legal entity’s reputation).
6.2 By posting content on the platform, you warrant and represent that you either created, own or otherwise have accurately accredited the content source.
6.3 You warrant that any content that you post will not infringe any party's intellectual property or personal rights, including, but not limited to, patent, copyright, trademark, trade secret, privacy or other personality rights. You also warrant that your use of the content or your posting it will constitute fair use or fair comment or truth that is in the public interest.
6.4 To help support the platform and members, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms of use.
6.5 It is your responsibility to keep all your information up to date.
7 Complaints
7.1 Any complaints about non-Nedbank products, services or opportunities must be directed to the relevant provider for resolution.
7.2 Any complaints about our products, services or opportunities must be done using the correct Nedbank channels.
7.3 Any complaints related to SimplyBiz must be made using the help function on the platform or emailed to us at contactus@simplybiz.co.za.
8 Use of content
8.1 By posting content on the platform, you grant us a non-exclusive, royalty-free, perpetual and worldwide licence to use your content in connection with the operation of the platform and supporting information about our products, services and/or opportunities.
8.2 By posting content on the platform, you grant users or members permission to view and use the information in any manner and to share your content on social media platforms, subject to these terms of use.
8.3 You own the content you create and share on SimplyBiz, and nothing in these terms of use takes away your right to your own content. You are free to share your content with anyone else, wherever you want. You give us legal permission to use your content so that we can provide our services. This means that if there are intellectual property rights on the content you post, you grant us a non-exclusive, transferable, sublicensable, royalty-free licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. For example, if you share a photo on SimplyBiz, we may store, copy and share it with others that support our platform. You can end this licence any time by cancelling your membership and deleting your content. You should know that, for technical reasons, content you delete may persist for a limited time in backup copies and may be visible to other users and in third-party locations, especially if you have shared it with others and they have not deleted it.
8.4 Using the platform or holding a SimplyBiz membership does not give you ownership of the content or information made available through our site. That content or information is the property of the respective owners.
9 Registration
9.1 When you become a member, you must provide information that is true and accurate to create a personal and business profile for yourself.
9.2 You must keep this information up to date.
9.3 By becoming a member, you warrant that you are at least 18 years old, or that your parent or legal guardian is aware of and has agreed to your use of the platform.
9.4 In the case of business registrations, you warrant that you are duly authorised to register the business and its services, products and opportunities on the platform, and you warrant that you are not misrepresenting your capacity to act on behalf of the business and/or your area of expertise.
9.5 Businesses and individuals who register on the platform will be vetted to exclude any businesses or individuals we, at our sole discretion, deem to be inappropriate.
10 How we protect your user information
10.1 All users must be registered to become members.
10.2 With the exception of the minimum required information, members can choose which details other members, users and the public can view or access on or through SimplyBiz. Information that a member chooses to leave out will not be published to other members on the site.
11 Privacy policy
11.1 Although we recognise and respect your right to privacy, you must use your discretion in respect of the information you load in to your profile as this information can be viewed by members, users and the public. It is your choice whether to include sensitive information on your profile.
11.2 You may refuse to provide personal information on SimplyBiz, but you must keep in mind that this refusal may limit resources available on the platform.
11.3 If you decide to post and communicate with other users of SimplyBiz, it is visible to others. Do not post or add personal data in your communications or posts that you would not want to be publicly available.
11.4 We are committed to the protection of your private, personal and business information and the appropriate use of that information, and we are therefore committed to ensuring that your information is secure. To prevent unauthorised access or disclosure and to safeguard and secure the information we collect, we have put in place suitable physical, electronic and management procedures.
11.5 Cookies accessed on or stored by our platform may retain personal information such as your name, email address and contact number. Please bear in mind that even if you switch off cookies on your computer, there is no guarantee that the information on your profile will be withheld from other users.
11.6 Personal information gathered or curated from or provided by other public platforms will be shared as a means of networking on the SimplyBiz platform.
11.7 We will retain your information for as long as we need it, given the purpose for which it was collected or as required by law.
11.8 You have the right to make certain requests regarding your personal information in terms of the Promotion of Access to Information Act, 2 of 2000 (as amended), using the access-to-information manual as prepared in terms of section 51 of this Act. These requests include being informed about what personal information we have about you and who has had access to it that we know of, and requiring that we delete your personal information.
12 Your login details and duty to log out
12.1 You must keep your registration and login details secret, including your email address, username, social media accounts and the password you selected.
12.2 You must not give third parties access to your account or login details.
12.3 You must log out after each session to prevent other persons from accessing your account.
12.4 If the platform was accessed with your login details, we will assume that you consented to the login and the posting of any content.
12.5 Be aware that communication between you and any other members or advertisers on the platform can be accessed by other users and used on the platform for marketing purposes.
13 Nedbank's role and responsibilities
13.1 We provide a growth portal for business by creating a platform for networking purposes, where services, products and opportunities can be discussed and advertised.
13.2 We reserve the right to screen users after registration as members. We may, at our discretion, accept or reject your membership application and temporarily suspend or discontinue your membership after registration.
13.3 We reserve the right to monitor, delete or modify any of the content posted on the platform from time to time and to perform checks on members.
13.4 We reserve the right to monitor or arbitrate any disputes between members at our sole discretion.
13.5 Publication of any service, product, opportunity and/or any content on the platform by us or any member does not amount to an endorsement.
13.6 Before relying on any information on the platform, you must make sure that it is accurate. We cannot be held liable for any direct or indirect loss that may be suffered as a result of users' and/or members' reliance on the information.
13.7 While we will regularly backup platform data and try to recover data that may be lost, we are not obligated to do so.
13.8 We will make every effort to ensure that the content of the platform is accurate and complete. However, we give no warranties as to the content, quality, timeliness, operation, integrity, availability or functionality of the platform. This includes the accuracy, completeness or reliability of any information on the platform. The availability of the platform and its content, including data stored by members, cannot be guaranteed.
14 Disclaimer of warranties and limitation of liability
14.1 Nothing on the platform constitutes an offer.
14.2 Members connect with funders at their own risk.
14.3 Results obtained from completing funding-related questions or templates do not warrant that funding will be granted – funding applications will be subject to the funders' own credit assessment criteria.
14.4 Members grant funders access to financial information or business pitch decks at their own risk.
14.5 Members remain responsible for doing their own research to find the most suitable financial solution.
14.6 SimplyBiz provides no guarantee that the funders are reputable or relevant to members' businesses.
14.7 The SimplyBiz website on third parties may provide links to other websites or resources. Because SimplyBiz has no control over such sites and resources, the user acknowledges and agrees that SimplyBiz is not responsible for the availability of external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. The user further acknowledges and agrees that SimplyBiz will not, directly or indirectly, be responsible or liable for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any content, goods or services available on or through any external site or resource.
14.8 We will not be liable, under any circumstances and in any way, for any errors, omissions, loss or damage made or incurred as a result of your use of or reliance on any content posted on this platform.
14.9 We will not be liable to any person for any loss or damage that arises, directly or indirectly, from any content appearing on or originating from this platform, or the actions or omissions of any members of this platform or Nedbank in relation to this platform.
14.10 This platform is provided as is and as available.
14.11 We make no representations or warranties of any kind, express or implied, as to the operation of the platform or the content included on the platform.
14.12 We cannot and will not verify the accuracy, truth, ownership rights or nature of any content that members submit.
14.13 We will not be liable for any damage of any kind arising from the use of or inability to use the platform.
14.14 To the full extent permissible by law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for any particular purpose.
14.15 By using the internet and transmitting information over the internet, you accept the risks associated with unlawful interception and monitoring by users.
14.16 Comments and/or links will be shared with and by third parties and we will not be held responsible or liable for any consequences and/or damage that may arise as a result of this.
14.17 If we suspend, modify or terminate this platform or part of it, we will not be liable in any way, except for processing any orders made by you before the suspension, modification or termination to the extent possible.
15 Member indemnity
15.1 You must defend and indemnify us against and hold us harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees that may result from your use of the platform, or that was caused directly or indirectly by you or any person whom you allowed to access the platform, whether by using or posting on the platform or otherwise.
15.2 Without derogating from the above, you agree that we, at our discretion, will have joint control over litigation that arises as a result of your use of the platform.
15.3 No undertakings, settlements, public communications or statements that refer to or implicate us, directly or indirectly, may be issued or given without our prior written consent.
16 No responsibility for third-party platforms, content and charges
16.1 We or SimplyBiz members may provide links or access to third-party platforms and content from time to time.
16.2 We are not responsible or liable for such third-party platforms, content or actions.
16.3 We do not provide any warranties about such third-party platforms or the content or the operators of such platforms.
16.4 We in no way recommend or endorse these parties or their platforms, content, services, products, opportunities, opinions, advice, relevance, currency, security or privacy.
16.5 Third parties may levy additional charges for using or accessing any of the content made available on the platform, including cellphone or content service providers.
16.6 You must check charges before accessing and/or downloading content in to any device.
16.7 You agree that you must evaluate and assess content independently.
16.8 You will bear all risks associated with the use of any content. If you download any software by means of the third-party platform, you will be bound by the relevant software licence agreement.
16.9 You must exercise caution when accessing links on the platform or links that are emailed to you. The disclaimer in 16.4 above will apply to your accessing any links as stipulated in these terms of use.
17 Toolkits and guides
17.1 Our toolkits and guides are free learning opportunities offered by SimplyBiz. The format is a combination of articles, virtual masterclasses, SimplyBiz chats and downloadable tools or templates. You work at your own pace, in your own time, on your own business.
17.2 Disclaimers
17.2.1 Disclaimer for SimplyBiz toolkits and guide
The use of the SimplyBiz toolkits and guides is subject to this disclaimer as well as the SimplyBiz terms and conditions.
The information in the SimplyBiz toolkits and guides is for general information purposes only.
We assume no responsibility for errors or omissions in the contents of the articles, tools or masterclasses.
We will never be liable for any special, direct, indirect, consequential or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the toolkit or its contents.
We reserve the right to make additions, deletions or modifications to the contents at any time without prior notice.
We do not warrant that our toolkits and guides are free of viruses or other harmful components.
17.2.2 Disclaimer for external links
The SimplyBiz toolkits and guides may contain links to external websites that are not provided or maintained by or in any way affiliated with SimplyBiz.
We do not guarantee the accuracy, relevance, timeliness or completeness of any information on these external websites.
17.2.3 Disclaimer for errors and omissions
The information in the SimplyBiz toolkits and guides is for general guidance only. Although we take every precaution to ensure that the content of the SimplyBiz toolkits and guides is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information in the SimplyBiz toolkits and guides. We are not responsible for any errors or omissions, or for the results obtained from the use of this information.
17.2.4 Disclaimer for content writing
The SimplyBiz toolkits and guides may include content created with the assistance of artificial intelligence (AI) and reviewed by human editors for accuracy and relevance.
17.2.5 Disclaimer for views expressed
The SimplyBiz toolkits and guides may contain views and opinions that are those of the authors and that do not necessarily reflect the official policy or position of any other author, agency, organisation, employer or company, including us.
Comments published by users are their sole responsibility and the users take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. We are not liable for any comment published by users and we reserve the right to delete any comment for any reason whatsoever. There is, however, no responsibility on us to monitor the comments or to remove offensive comments.
17.2.6 Disclaimer regarding no responsibility
The information in the SimplyBiz toolkits and guides is given with the understanding that we are not rendering legal, accounting, tax or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
Under no circumstances will we or our suppliers be liable for any special, incidental, indirect or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Shifting Gears handbooks.
17.2.7 Disclaimer regarding use at your own risk
All information in the SimplyBiz toolkits and guides is given with no guarantee of completeness, accuracy or timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including warranties of performance, marketability and fitness for a particular purpose.
We will not be liable for any decision made or action taken in reliance on the information given by the SimplyBiz toolkits and guides or for any consequential, special or similar damages, even if advised of the possibility of such damages.
17.3 Content protected by law
17.3.1 The content displayed on or incorporated in this platform is protected by law, including copyright and trademark law, and is either the property of a SimplyBiz member or Nedbank or its contributors, advertisers and/or sponsors; and/or is licensed to us.
17.3.2 No part of the SimplyBiz toolkits and guides may be reproduced, stored in a retrieval system, or transmitted, in any form by any means, without our prior permission in writing or as expressly permitted by law, by licence, or under terms agreed with the appropriate rights organisation. Enquiries concerning the reproduction outside the scope of the above should be sent to us at info@simplybiz.co.za. You must not circulate the handbooks in any form, and you must impose this same condition on any acquirer.
17.3.3 The authors and publisher gratefully acknowledge permission to reproduce copyright material in this handbook. Every effort has been made to trace copyright holders, but if any copyright infringements have been made, the publisher, we, would be grateful for information that would enable any omissions or errors to be corrected in subsequent impressions.
17.3.4 We provide links to third-party websites in good faith and for information only. We disclaim any responsibility for materials contained in any third-party website, referenced in the handbooks.
18 We may modify these terms of use.
18.1 We reserve the right to change these terms of use at any time and at our sole discretion.
18.2 You are responsible for checking regularly whether these terms of use have changed.
18.3 Any amendments will be binding on all users and members of the platform from the date it is published on the platform.
19 General
19.1 Entire agreement
19.1.1 These terms of use constitute the entire agreement between you and us regarding the use of the platform and replace any previous agreements.
19.1.2 If you download any software from the platform, the licence agreement applicable to such software will also apply to you.
19.2 Non-waiver and severability
19.2.1 Our failure to exercise or enforce any right or provision of these terms of use will not constitute a waiver thereof.
19.2.2 If any provision of these terms of use is held to be invalid, unlawful, void or unenforceable, the remainder of these terms will continue to be in full force and effect.
19.3 Governing law
19.3.1 The laws of the Republic of South Africa will apply.
19.3.2 Your continued use of the platform will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other arising from any of these terms of use.
20 Notices
20.1 We hereby select 6th Floor, Block H, Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandton, South Africa, as our address for the service of all formal notices and legal processes in connection with the terms of use (legal address).
20.2 We may change this address from time to time by updating the terms of use.
21 General
You may not cede, assign or otherwise transfer your rights and obligations under these terms of use to any third party.
22 Competitions
22.1 The promoter
Nedbank organises these competitions. We reserve the right to offer these competitions exclusively to a select group of clients only.
22.2 Competition period
Competitions and random draws are organised within designated timeframes. Formal competitions have a competition period, which starts and ends on dates specified by the organiser. Random draws may occur without a predetermined start and end date, allowing for spontaneous participation opportunities throughout the year.
22.3 Eligibility
22.3.1 Participants (you, your) must:
22.3.1.1 be at least 18 years old;
22.3.1.2 have a valid South African ID;
22.3.1.3 be a registered member of SimplyBiz;
22.3.1.4 act as a mandated and authorised representative of their small business; and
22.3.1.5 complete all necessary actions for entry into the competition or random draw. This may include completing entry forms, engaging with content, or taking part in other activities as specified for the competition or random draw.
22.3.2 You are not eligible if:
22.3.2.1 you are an employee (temporary or contract), associate, agent, contractor, or sponsor of ours; or
22.3.2.2 you have won any SimplyBiz competition within the 12 months preceding the start date of this competition.
22.4 How to enter competitions
22.4.1 Log in to or register for SimplyBiz if you are not already a member.
22.4.2 Participate in either formal competitions within their specified competition periods or engage in random draws, which may occur at any time, by performing one or more of the following activities:
22.4.2.1 Interact with our social media pages.
22.4.2.2 Complete any required entry forms.
22.4.2.3 Participate in surveys.
22.4.2.4 Engage with the SimplyBiz platform.
22.4.2.5 Accept these terms and conditions.
22.4.2.6 Give us consent to share your contact details with prize suppliers and marketing service providers responsible for delivering your prize.
22.5 The prize
22.5.1 Eligible participants entering the competition as outlined can win prizes listed on the competition page.
22.5.2 Participants who meet the criteria for random draws also stand a chance to win prizes.
22.6 Selection of winners
22.6.1 Winners are chosen through an internal randomised computer-generated draw, either on the date mentioned on the competition page or through random draws for specified activities like interacting with our social media pages, completing entry forms, participating in surveys, or engaging with the SimplyBiz platform.
22.6.2 If you win, the following applies:
22.6.2.1 You must have your details verified and comply with these terms and conditions to receive your prize.
22.6.2.2 Expect an email notification within 5 days of the draw date.
22.6.2.3 You must respond within the time frame specified in the notification to claim your prize – failure to do to respond may result in forfeiture of the prize.
22.6.2.4 We will not be responsible for any delays in your taking up the prize.
22.6.2.5 We will contact you by email up to 3 times. If we cannot get hold of you on the third try, you will forfeit the prize and we will choose a new winner.
22.6.2.6 We will give the prize directly to you and not to anyone else, and we will not replace it with cash.
22.6.2.7 We reserve the right to replace the prize at any time with another of similar commercial value.
22.6.2.8 You must complete a confirmation form that includes your cellphone number so that we can contact you. The completed and signed form will be proof that you are the correct recipient of the prize, and all prize deliveries will be made via email or courier. You must return the form to us within 5 calendar days after you have been announced a winner.
22.6.2.9 We will not be liable for delays or failure to deliver any part of the prize resulting from acts beyond our reasonable control. We will let you know as soon as reasonably possible if your prize is affected in this way.
22.6.3 We will not be responsible for any technical failures affecting your participation in the competition or if your entry has been left out from participation.
22.6.4 If a dispute arises, our decision will be final and binding on all aspects of the competition, and we will not discuss the matter further.
22.6.5 All costs or expenses relating to the prize that have not been mentioned here are excluded.
22.6.6 We will not be responsible for any additional conditions that third parties impose.
22.7 General
22.7.1 All the information about the competition, including information that is published on any competition material or promotional material, is part of these terms and conditions. The additional terms and conditions that apply to a particular page will be attached to the competition page. You agree to be bound by these terms and conditions by entering the competition.
22.7.2 These terms and conditions are available on our website at nedbank.co.za throughout the competition period.
22.7.3 If you win, you consent to endorsing, promoting, and advertising any of our services, without payment.
22.7.4 By entering the competition, you acknowledge that your personal information needed for this competition will be shared with us and our agents, but only to the extent necessary for the competition. Your personal information will be used in line with South African consumer and data protection laws.
22.7.5 We may extend, shorten, or cancel the competition or random draw immediately and without notifying you if it is permitted by law, if we must do so by law, or for reasons beyond our control. If this happens, you will give up any rights that you may have in terms of this competition and you will have no recourse against us or our agents, contractors, or sponsors as a result of the extension, shortening or cancellation.
22.7.6 We or our directors, employees, agents or suppliers will not be responsible for any direct or indirect loss or damage resulting from your participation in the competition, or for any accident, injury, harm, damages, costs or death that you or any other person who participates in the prize sustains at any point during the fulfilment of the prize.
22.8 More information
For more information about the competitions and random draws, send an email to contactus@simplybiz.co.za or visit simplybiz.co.za.
23 Use of AI-generated content
23.1 We use artificial intelligence (AI) technologies to generate certain content on our platform. This approach enables us to offer diverse information, insights, and interactive experiences efficiently.
23.2 To maintain the quality and reliability of the content provided, our team reviews all AI-generated material. This human oversight aims to ensure the content is as accurate and error-free as possible before it is available on the platform.
23.3 While we strive for excellence and accuracy in the content generated and reviewed, the nature of AI and human oversight means that we cannot guarantee that all content is always free from errors. We are committed to continuous improvement and promptly addressing inaccuracies as they are identified.
23.4 Content generated by AI on our platform, supplemented by human review, remains our or our licensers’ intellectual property. Unauthorised use, reproduction, or distribution of such content without express permission is prohibited.
23.5 We encourage users to apply their judgement when engaging with AI-generated content on our platform. If you find any content that appears inaccurate or misleading, please contact us directly for clarification or correction.
23.6 Your feedback is invaluable in helping us refine and improve our content generation and review processes. We welcome reports of potential inaccuracies or suggestions for improvement and commit to addressing them promptly.
23.7 The role of AI in content generation on our platform may evolve over time. We reserve the right to change how we use AI and our content verification processes. Significant changes will be communicated through updates to these terms and conditions.
24 Inclusion of external contributors and thought leadership
24.1 Our platform actively seeks to include a wide range of perspectives by featuring content from various influencers, thought leaders, experts, and professionals (contributors) who are not directly affiliated with us. This content may include articles, insights, opinions, and advice designed to enrich the user experience and provide valuable knowledge.
24.2 The views, opinions, advice, and insights presented by contributors on our platform are solely those of the contributors and do not necessarily reflect the official policies, positions, or beliefs of SimplyBiz or its parent company, Nedbank. The inclusion of such content is intended for informational purposes only and should not be interpreted as an endorsement by us.
24.3 Users are encouraged to exercise discretion and conduct their own verification when considering the applicability or accuracy of any information, views, or advice provided by contributors. We do not guarantee the accuracy, completeness, or usefulness of any content contributed by external sources and will not be liable for any reliance placed on such content.
24.4 Content provided by contributors remains the intellectual property of the respective contributors or their licensers. Unauthorised reproduction, distribution, or use of this content without the express permission of the copyright holders is strictly prohibited.
24.5 We welcome and value user feedback regarding the content provided by external influences and thought leaders. If users have concerns about any content or wish to report inaccuracies, please contact us directly at contactus@simplybiz.co.za. We are committed to addressing user concerns and maintaining the integrity of the content on our platform.
24.6 We aim to foster an environment of continuous engagement and learning. We regularly update our roster of contributors to reflect a broad spectrum of expertise and viewpoints. Changes to our engagement with contributors or the scope of their content will be communicated as is appropriate.
25 Coaching Hub programmes and courses
25.1 By enrolling in our coaching programmes and courses in the Coaching Hub, you acknowledge and agree to these terms and conditions.
25.2 Participation and data use
25.2.1 Data collection: By enrolling in our coaching programmes and courses, you agree to provide accurate and complete information about your business, goals, and progress. This data will be used to personalise the content and support we provide.
25.2.2 Communication: We will contact you periodically to monitor your progress and offer additional assistance. Communication will occur through email, phone, and the Coaching Hub. By participating, you consent to receiving these communications.
25.2.3 Privacy and security: All data collected will be handled in line with our privacy policy. We are committed to protecting your information and will use it only for the purposes of the coaching programme.
25.3 Access
25.3.1 Risk management: Access to the Coaching Hub is provided at your own risk. While we strive to maintain a safe and productive environment, you are responsible for managing any risks associated with using the platform.
25.3.2 Support and resources: The Coaching Hub offers various resources – including webinars, articles, and templates – to support your business journey. You are encouraged to actively engage with these resources and connect with other participants.
25.4 Participation
25.4.1 Active engagement: By joining our coaching programmes, you agree to actively participate and engage with the provided content and resources. This includes attending scheduled sessions, completing assignments, and contributing to discussions.
25.4.2 Feedback and progress monitoring: We will regularly request feedback and updates on your progress. Your cooperation in providing timely and honest feedback is essential for the success of the programme.
25.5 Terms of use
25.5.1 Intellectual property: All content provided through the coaching programmes and the Coaching Hub is the intellectual property of SimplyBiz or its licensers. The unauthorised reproduction or distribution of this content is prohibited.
25.5.2 Changes to the programme: We reserve the right to modify the content, structure, and schedule of the coaching programmes at any time. Participants will be notified of any significant changes.
25.5.3 Termination of participation: We reserve the right to terminate your participation in the programme if you fail to comply with these terms and conditions or engage in any behaviour that disrupts the learning environment.
25.6 Disclaimer
25.6.1 No guarantee of results: While our coaching programmes aim to support your business growth, we do not guarantee specific results. Your success depends on various factors, including your commitment and the nature of your business.
25.6.2 Limitation of liability: We will not be liable for any direct, indirect, incidental, or consequential damages arising from your participation in the coaching programmes or use of the Coaching Hub.
25.6.3 Coaches' views and advice: The views and advice provided by the coaches in the SimplyBiz Coaching Hub are their own and do not necessarily reflect our views. We assume no responsibility for the accuracy or reliability of any advice or information provided by the coaches. Participants are encouraged to seek professional advice before making any business decisions based on the coaching provided.
25.6.4 Use at your own risk: All information in the Coaching Hub is given with no guarantee of completeness, accuracy, or timeliness or of the results obtained from the use of this information, and is given without warranty of any kind, express or implied, including warranties of performance, marketability, or fitness for a particular purpose. We will not be liable for any decision made or action taken in reliance on the information given by the Coaching Hub or for any consequential, special, or similar damages, even if advised of the possibility of such damages.
26 Virtual and in-person events
26.1 Publicity release
26.1.1 Participants acknowledge that SimplyBiz or its authorised representatives may capture statements, photos, and/or videos during the event. By participating, participants grant SimplyBiz the absolute right and permission to use their name, likeness, profile, company name, voice, statements, and any other indicia of persona in any way and in any media for trade, advertising, social, and/or promotional purposes. Participants waive any rights of review, approval, compensation, or claims arising from the use of their persona. Participants agree to the collection and use of their personal information for the purpose outlined above in line with the Protection of Personal Information Act, 4 of 2013.
26.1.2 Participants agree that any statements they make are true and accurately reflect their honest opinions and experiences regarding the event and/or SimplyBiz's products, services, and programme. If their opinions change, participants agree to notify SimplyBiz promptly. SimplyBiz reserves the right, at its sole discretion, to stop using any materials featuring the participant's persona.
26.1.3 Participants agree to comply with SimplyBiz's policy regarding attendee information. Such information, made available before, during, or after the event, may be used by participants for business networking purposes only. SimplyBiz reserves the right to:
• deny attendance or registration to any individual or entity for any reason;
• close event registration earlier than the posted deadline; or
• change the event programme day and/or time.
26.2 By attending SimplyBiz events, participants acknowledge and agree to these terms and conditions.
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