Effective date: 24 January 2019
1 Interpretation and definitions
Unless otherwise specified or indicated by the context:
1.1 the term 'person' refers to natural and legal persons or groups of persons;
1.2 the singular includes the plural, and vice versa;
1.3 one gender includes all the others;
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;
1.5 the following words will have the following meanings –
1.5.1 'Use' means any of the following actions:
· creating or posting content on the platform; and/or
· accessing, viewing, copying, editing, sharing, commenting on or otherwise contributing to the content on the platform.
1.5.2 'Content' means 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 or other multimedia works;
1.5.3 'Post', read as a verb, means submitting, uploading, creating, transmitting, disseminating, sharing, commenting, storing, copying or otherwise making content available on the platform;
1.5.4 'User' means any person who merely visits the platform or a member who accesses, uses and/or posts content on the site; and
1.5.5 'Member' means a registered user.
1.5.6 'Platform' is 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 many be entirely self-contained, or it may allow third-party apps and individuals to connect through the platform's programming interface (API).
1.5.7 'Funder' means any organisation, individual, company or other entity that has presented themselves as able to offer legitimate funding solutions to businesses and business owners and have requested their details to be published on the platform as an investor.
2 Nature and purpose of this platform
2.1 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.
2.2 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. Should you wish not to be contacted or receive communications, you may cancel your membership.
2.3 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; and
· profile yourself and your businesses for networking, document processing and mentoring purposes.
2.4 The content displayed on or incorporated in this platform is protected by law, including, but not limited to, copyright and trademark law and is either the property of a member, or Nedbank, its advertisers and/or sponsors, and/or is licensed to SimplyBiz.
2.5 You will not acquire any right, title or interest in or to the platform or the content.
2.7 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.
2.8 Members can:
2.8.1 contact other members for information, business relations or networking purposes;
2.8.2 accept, ignore or decline a request to further a business relationship;
2.8.3 unsubscribe from SimplyBiz if they do not want to receive information regarding Nedbank products and services on SimplyBiz.
2.8.4 view, message and share information, which may be seen by other users.
2.9 If any contact details or information is uploaded, accessed, accepted or shared, it is done at the risk of members.
2.10 Where we have made settings available, we will honor the choices you make about who can see the content or information.
2.11 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 firstname.lastname@example.org. We will take appropriate action as we see fit.
2.12 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 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 Prohibited content
3.1 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:
3.1.1 Content that in our sole opinion is not of a business nature or does not meet the strategic intent of the platform.
3.1.2 Content that in our sole opinion is or can generally be considered to be obscene, sexually explicit or pornographic.
3.1.3 Content that is illegal.
3.1.4 Content that you know to be false, or that is designed to be misleading.
3.1.5 Content that is defamatory, intimidating, harassing, hateful, injurious, racist, sexist, abusive, malicious or threatening to any person or group of persons.
3.1.6 Content that incites hatred or violence.
3.1.7 Content that is frivolous, unreasonable, vexatious or posted in bad faith.
3.1.8 Content that infringes or may infringe the intellectual property rights of any person or legal entity. This includes content that you didn't create or that you do not have permission to post.
3.1.9 Content that constitutes or may constitute an invasion of the privacy of any person.
3.1.10 Content that constitutes or may constitute the wrongful or unlawful disclosure or publication of confidential information or trade secrets.
3.1.11 Content that is otherwise injurious to any person or entity.
3.1.12 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.
3.1.13 Content that may expose us or any other users to harm or liability.
3.2 If your posts violate any of these provisions, we may remove the content, disable your account after repeated violations and take any other action we see fit.
4 Right of use
4.1 You may not use the platform to:
4.1.1 impersonate any person;
4.1.2 harass or intimidate any person;
4.1.3 collect the personal information of any person;
4.1.4 post spam; or
4.1.5 collect members' information and sell it to other parties.
4.2 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.
4.3 We reserve the right to remove any prohibited content and suspend or terminate your right to use the platform at our sole discretion.
4.4 We reserve the right to remove any member found guilty of any misconduct.
5 Desired behaviour
5.1 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).
5.2 By posting content on the platform you warrant and represent that you either created, own or otherwise have accurately accredited the content source.
5.3 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 posting thereof will constitute fair use or fair comment or truth that is in the public interest.
5.5 It is your responsibility to keep all your information up to date.
6.1 Any complaints about non-Nedbank products, services or opportunities must be directed to the relevant provider for resolution.
6.2 Any complaints about our products, services or opportunities must be done using the correct Nedbank channels.
6.3 Any complaints related to SimplyBiz must be made using the help function on the platform or emailed to us at email@example.com.
7 Use of content
7.1 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.
7.4 Using the platform or holding SimplyBiz membership does not give you ownership of the content or information made available through our site. Such content or information is the property of the respective owners.
8.1 When you become a member, you must provide information that is true and accurate to create a personal and business profile for yourself.
8.2 You must keep this information up to date.
8.3 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.
8.4 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.
8.5 Businesses and individuals that register on the platform will be vetted to exclude any businesses or individuals we, at our sole discretion, deem to be inappropriate.
9 How we protect your user information
9.1 All users must be registered to become members.
9.2 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 omit will not be published to other members on the site.
10.1 Although we recognise and respect your right to privacy, you must use your discretion in respect of the information you load onto 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.
10.2 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.
10.3 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.
10.4 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 managerial procedures.
10.5 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.
10.6 Personal information gathered or curated from or provided by other public platforms will be shared as a means of networking on the SimplyBiz platform.
10.7 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.
10.8 In certain instances, it may be that member information will be shared to validate SimplyBiz members so that they benefit from specific special offers and competitions, which have been negotiated exclusively for members. The recipient is not permitted to use this information for any other purpose but as a member validation mechanism.
11 Your login details and duty to log out
11.1 You must keep your registration and login details secret, including your email address, username, social-media accounts and the password you selected.
11.2 You must not give third parties access to your account or login details.
11.3 You must log out after each session to prevent other persons from accessing your account.
11.4 If the platform was accessed with your login details, we will assume that you consented to the login and the posting of any content.
11.5 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.
12 Nedbank's role and responsibilities
12.1 We provide a growth portal for business by creating a platform for networking purposes, where services, products and opportunities can be discussed and advertised.
12.2 We reserve the right to screen users after registration as members. We may, at our sole discretion, accept or reject your membership application and temporarily suspend or discontinue your membership after registration.
12.3 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.
12.4 We reserve the right to monitor or arbitrate any disputes between members at our sole discretion.
12.5 Publication of any service, product, opportunity and/or any content on the platform by us or any member does not amount to an endorsement.
12.6 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.
12.7 While we will regularly back up platform data and try to recover data that may be lost, we are not obligated to do so.
12.8 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.
12.9 SimplyBiz may place badges or other branding onto all advertising material that we create for business owners. A refusal to accept such branding or badges will automatically exclude the business from receiving any advertising material from SimplyBiz.
13 Disclaimer of warranties and limitation of liability
13.1 Nothing on the platform constitutes an offer.
13.2 Members connect with funders at their own risk.
13.3 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.
13.4 Members grant funders access to financial information or business pitch decks at their own risk.
13.5 Members remain responsible for doing their own research to find the most suitable financial solution.
13.6 SimplyBiz provides no guarantee that the funders are reputable or relevant to members' businesses.
13.7 The SimplyBiz website or 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.
13.8 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 our use of or reliance on any content posted on this platform.
13.9 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 regard to this platform.
13.10 This platform is provided as is and as available.
13.11 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.
13.12 We cannot and will not verify the accuracy, truth, ownership rights or nature of any content members submit.
13.13 We will not be liable for any damage of any kind arising from the use of or inability to use the platform.
13.14 To the full extent permissible by law we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
13.15 By using the internet and transmitting information over the internet, you accept the risks associated with unlawful interception and monitoring by users.
13.16 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.
13.17 If we suspend, modify or terminate this platform or part thereof, 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.
14 Member indemnity
14.1 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.
14.2 Without derogating from the foregoing, you agree that we, at our sole discretion, will have joint control over litigation that arises as a result of your use of the platform
14.3 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.
15 No responsibility for third-party platforms, content and charges
15.1 We or SimplyBiz members may provide links or access to third-party platforms and content from time to time.
15.2 We are not responsible or liable for such third-party platforms or content or actions.
15.3 We do not provide any warranties about such third-party platforms or the content or the operators of such platforms.
15.4 We in no way recommend or endorse these parties or their platforms, content, services, products, opportunities, opinions, advice, relevance, currency, security or privacy.
15.5 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.
15.6 You must check charges before accessing and/or downloading content onto any device.
15.7 You agree that you must evaluate and assess content independently.
15.8 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.
16.3 Any amendments will be binding on all users and members of the platform from the date it is published on the platform.
17.1 Entire agreement
17.1.2 If you download any software from the platform, the licence agreement applicable to such software will also apply to you.
17.2 Non-waiver and severability
17.3 Governing law
17.3.1 The laws of the Republic of South Africa will apply.