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1 Acceptance
1.1 The Nedbank Green Trust website can be accessed at nedbankgreen.co.za (Website). Nedbank Limited (we, us, our) own and operate everything related to Nedbank Limited and its event held in collaboration with The WWF Nedbank Green Trust, the software and any other applications.
1.2 These terms and conditions apply to the use of the nedbankgreen.co.za and wwf-nedbank-green-trust.liveevent.co.za/ websites.
1.3 These terms and conditions bind every person that accesses or uses the Website (you, your), including every person who registers on the Website (Registered User). By registering on the Website, you confirm that you have read and agreed to these terms and conditions.
2 Online services
Before you can use our online services, including taking part in our event, you must register with us and we must accept your registration (ie you must become a Registered User). We may accept or reject your registration at our sole discretion.
3 Types of information on our Website
3.1 All information on this Website is intended only to give you general information about us and our products, initiatives, services and goals. You must not take anything on our Website as an offer, but only as an invitation to do business with us.
3.2 We will provide all information ‘as is’ and you may not rely on it or treat it as professional or investment advice. You should always discuss any advice with a professional advisor before doing anything based on any information on this Website.
4 Privacy and security
We and The WWF Nedbank Green Trust take your privacy and the security of your personal information very seriously. You can find out more about this in our privacy notice, which you can find in the tab under Legal notices, and in the privacy policy of The WWF Nedbank Green Trust, which you can find on its website at https://www.greentrust.org.za/ under Privacy.
5 Changes to these terms and conditions
5.1 We may, at our sole discretion and at any time, change these terms and conditions. It is your responsibility to check whether we have changed these terms and conditions and to make sure that you are happy with the changes.
5.2 Any changes will apply only to the use of this Website after the changes have been displayed on the Website. If you use the Website after we have changed these terms and conditions, we will assume that you have accepted the changes to these terms and conditions.
6 Electronic communications
6.1 When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in line with our privacy notice, as stated in clause 4 above. You also consent to receiving communications from The WWF Nedbank Green Trust in line with its privacy policy, as stated in clause 4 above.
6.2 You will receive direct marketing only if you have consented to receiving it.
7 Ownership and copyright
7.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks that are displayed on or incorporated in the Website (Website Content) are protected by law, including, but not limited to, copyright and trademark law. The Website Content is our property and/or our advertisers’ property and/or our sponsors’ property and/or is licensed to us, or is the property of The WWF Nedbank Green Trust, which has given us consent to use it.
7.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
7.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised under these terms and conditions or otherwise provided for in law.
7.4 If any of the Website Content has been licensed to us or The WWF Nedbank Green Trust or belongs to any third party, your rights to use the Website Content will be subject to any terms and conditions set out by the licensor or third party. You agree to comply with those third-party terms and conditions.
8 Disclaimer
8.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from your using the Website or relying on any information on the Website.
8.2 We make every effort to ensure that the content of the Website is accurate and complete. However, we make no warranties as to the quality, timeliness, operation, integrity, availability or functionality of the Website. This includes the accuracy, completeness or reliability of any information on the Website.
8.3 We and the WWF Nedbank Green Trust will not accept liability for any damage, loss or expenses caused directly or indirectly by, and resulting from, a connection with your access to or use of the Website. This also applies to any content otherwise provided as required by law.
8.4 Any views or statements made or expressed on the Website are not necessarily our views or the views of our directors and/or employees and/or agents, or of The WWF Nedbank Green Trust and/or its trustees and/or agents.
8.5 We and The WWF Nedbank Green Trust make no warranty or representation, whether stated or implied, that the information or files available on the Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code that can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any way the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way. You must accept all risk, damage or loss associated with the existence of such viruses, destructive materials or any other data or code that can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any way the operation or content of a computer system, computer network, handset or mobile device, or hardware or software. We and The WWF Nedbank Green Trust do not accept any liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
9 Use of third-party websites
9.1 The Website may link to other websites with information or content from other parties. Although we try to link to trustworthy parties or systems only, we and The WWF Nedbank Green Trust are not responsible for any of this other information. If we provide a link to any other information, website, person or business, it does not mean that we or The WWF Nedbank Green Trust has checked or approved them.
9.2 We and The WWF Nedbank Green Trust do not give any warranty about any other website, software or hardware, including their security or performance. You give up any claim you may have against us for any loss or damage you may suffer because you connected to any other website.
10 Availability and termination
10.1 We will make reasonable effort to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part of it with or without notice to you.
10.2 We may terminate, suspend and modify this Website when we choose to do so, with or without notice to you. You agree that we will not be liable to you if we choose to suspend, modify or terminate this Website other than for processing any orders you have made before such time, to the extent possible.
10.3 If you do not comply with these terms and conditions, including where they apply to any incident involving payment of the price of an order for any goods, this may (in our sole discretion and with or without notice) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we and/or The WWF Nedbank Green Trust may have against you.
10.4 We are entitled to blacklist you on our database (including suspending or terminating your access to the Website), and/or refuse to accept or process payment on any order, and/or cancel any order concluded between you and us in whole or in part, on notice, for purposes of preventing suspected fraud and/or where we suspect that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or coupon that we have intended to be used once-off. We will be liable only to refund monies you have already paid (see our Returns Policy) and accept no other liability that may arise as a result of such blacklisting and/or refusal to process any order.
11 Governing law and jurisdiction
11.1 These terms and conditions and our relationship and/or any dispute arising from or in connection with these terms and conditions will be governed and interpreted in line with the laws of South Africa. Your continued use of the Website will mean you have consented and submitted yourself 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 and conditions.
11.2 If any dispute arises between you and us and/or The WWF Nedbank Green Trust, you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa (South Gauteng High Court, Johannesburg), even if the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
11.3 Nothing in this clause 11 or these terms and conditions is intended to limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, 68 of 2008.
12 Notices
12.1 We hereby select First Floor, Block D, 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 these terms and conditions (Legal Address).
12.2 We may change our Legal Address from time to time by updating these terms and conditions.
12.3 You hereby select the delivery address specified with your order as your Legal Address, but you may change it to any other physical address by giving us written notice of not less than seven days.
12.4 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent:
12.4.1 by hand will be deemed to have been received on the date of delivery;
12.4.2 by prepaid registered post will be deemed to have been received 10 days after the date of posting;
12.4.3 by telefax before 16:30 on a business day will be deemed to have been received on the date of successful transmission of the telefax (all telefaxes sent after 16:30 or on a day that is not a business day will be deemed to have been received on the following business day); and
12.4.4 by email will be deemed to have been received on the date indicated in the ‘read receipt’ notification. All email communications between you and us must use the read receipt function for this to serve as proof that an email has been received.
13 General
13.1 We may, at our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or your right to use the Website or any of its contents, subject to our processing any orders you had already made at the time.
13.2 You may not cede, assign or otherwise transfer your rights and obligations under these terms and conditions to any third party.
13.3 Any failure of yours or ours or The WWF Nedbank Green Trust to enforce any right under these terms and conditions will not mean that right has been given up.
13.4 If any provision in these terms and conditions is declared invalid, the remaining provisions will remain in full force and effect.
13.5 Any indulgence, extension of time, relaxation or latitude that any party (the Grantor) may show, grant or allow to the other (the Grantee) will not mean that Grantor has given up their rights or that Grantor will be prejudiced or estopped from exercising any of their rights against the Grantee that may have arisen in the past or that might arise in the future.
13.6 These terms and conditions contain the whole agreement between you and us and The WWF Nedbank Green Trust, and no other warranty or undertaking is valid, unless contained in this document between the parties.