Terms & Conditions

NIGERIAN UNION, SOUTH AFRICA, GAUTENG CHAPTER STANDARD TERMS AND CONDITIONS FOR MEMBERS AND USERS

1. INTRODUCTION

1.1 Nigerian Union, South Africa, Gauteng Chapter, also known as (NUSA GAUTENG) hosts a website under the domain name www.nigeriaunion.org ("the Website") for its online presence, marketing of members' business, for publicity of the general public's event sale or for the advertising of service providers in a variety of industries (collectively “Advertisements”).

1.2 NUSA GAUTENG may amend these standard terms and conditions ("STCs") at any time without prior notice.

1.3 These Website Standard Terms and Conditions written on this webpage shall manage your use of the website. By using this Website, you agree to accept all terms and conditions.

2. APPLICATION TO CLIENTS

2.1 These STCs are applicable together with the agreement ("the Contract") concluded between NUSA GAUTENG and each client who advertises on the Website ("Client").

2.2 If there is any discrepancy or conflict between these STCs and the Contract, the provisions of the Contract will apply.

3. APPLICATION TO MEMBERS & USERS

3.1 By logging in, registering on, accessing, or using the Website, all persons making use of the Website ("Users") agree to be bound by these STCs, except those provisions which, explicitly or implicitly, only apply to Clients.

4. NUSA GAUTENG'S GENERAL OBLIGATIONS AND WARRANTIES

4.1 NUSA GAUTENG must provide the following services to the Clients and Users:

4.1.1 Display and market on the Website the Advertisements provided to it by the Client from time to time and subject to the limitations as to the number, type, content, and design of Advertisements as reasonably determined by NUSA GAUTENG from time to time;

4.1.2 Provide a telephonic and contact support service to its registered Members, Clients, and Users.

4.2 NUSA GAUTENG makes no warranties of any kind regarding the standard of the services or the content on the Website and, in particular, NUSA GAUTENG does not warrant that:

4.2.1 the Website is error-free;

4.2.2 the Website will be accessible and operative on a 24-hour-per-day, 7-day-per-week basis; and

4.2.3 that any downloads or applications accessed through the Website are free of viruses, Trojans, or other harmful mechanisms.

4.3 This Website is provided “as is,” with all faults, and NUSA GAUTENG expresses no representations or warranties, of any kind related to the Website or the materials contained on the Website. Nothing contained on this Website shall be interpreted as advising you.

5. THE CLIENT'S OBLIGATIONS AND WARRANTIES

5.1 The Client must, at its cost:

5.1.1 include the information and details on each Advertisement as reasonably specified by NUSA GAUTENG from time to time;

5.1.2 ensure that none of the information or Advertisements provided by it to NUSA GAUTENG includes any content that:

5.1.2.1 is false, misleading, or incorrect;

5.1.2.2 may be considered abusive or offensive;*

5.1.2.3 infringes the intellectual rights of any third person;

or

5.1.2.4 infringes the privacy and protection of personal information rights of any third person;

5.2 Compliance with all applicable legislation, laws, and regulations regarding the conduct of its business and the placement of Advertisements on the Website.

The Client warrants that the content, form, and design of the Advertisements and other information provided by the Client to NUSA GAUTENG does not, and will not, infringe any intellectual property rights of any other person. The Client indemnifies NUSA GAUTENG and holds it harmless against any claim made against it as a result of this warranty not being true or any other breach of these STCs or the Contract.

NUSA GAUTENG BELIEVES THAT ALL CONSUMERS SHOULD BE TREATED EQUALLY REGARDLESS OF GENDER, RACE, CREED, SOCIO-ECONOMIC STANDING, OR NATIONALITY. WE WILL NOT CONDONE OR TOLERATE ANY FORM OF DISCRIMINATION FROM OUR ADVERTISERS AND EXPECT THEM TO CONDUCT THEMSELVES ETHICALLY WHEN ADVERTISING THROUGH THE WEBSITE.

6. USE OF THE WEBSITE

6.1 Each User acknowledges that NUSA GAUTENG does not verify or warrant the accuracy or completeness of the Advertisements or other information on the Website.

6.2 NUSA GAUTENG uses "cookies" on the Website to enable it to personalize each User's visits to the Website, simplify the signing-in procedure, keep track of your preferences, and track the usage of the Website. Cookies are small pieces of information that are stored in the hard drive of the User's computer by the browser. The browser will have the option to prevent websites from using cookies, but this may reduce the functionality of the Website.

6.3 No one may link any page on the Website without NUSA GAUTENG's prior written consent. The Website contains links to other third-party websites over which NUSA GAUTENG has no control. NUSA GAUTENG does not recommend any products or services advertised on those websites and the Client/User uses them at its own risk.

7. RESTRICTIONS

7.1 Clients and Users are specifically restricted from all of the following:

7.1.1 publishing any Website material in any other media;

7.1.2 selling, sublicensing, and/or otherwise commercializing any Website material;

7.1.3 using this Website in any way that is or may be damaging to this Website;

7.1.4 this Website in any way that impacts user access to this Website;

7.1.5 using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

7.1.6 engaging in any data mining, data harvesting, data extracting, or any other similar activity about the Website;

7.1.3 using the Website to engage in any advertising or marketing.

8. DIRECT MARKETING, COOLING OFF PERIOD, AND REFUNDS

8.1 In this clause, a "Direct Marketing Contract" is any contract, including an upgrade of or an extension of a contract, concluded between a Client and NUSA GAUTENG as a direct result of NUSA GAUTENG approaching that Client, either in person, by mail, phone, fax or sms, to promote or offer to supply a Client with its services about Advertisements on the Website, but excludes contracts concluded as a result of an approach by a Client to NUSA GAUTENG, whether by phone, sms, email or other methods.

8.2 A Client may, without reason, cancel a Direct Marketing Contract, by giving written notice to NUSA GAUTENG within 3 business days of concluding the Direct Marketing Contract.

8.3 Within 15 business days of receiving written notice of cancellation from a Client, NUSA GAUTENG will refund the Client the total amount received by the Client in respect of that Direct Marketing Contract.

8.4 NUSA GAUTENG will not commence providing any services in respect of a Direct Marketing Contract until the expiry of this 3-business day period unless NUSA GAUTENG decides otherwise.

8.5 Except as set out in clause 8.3, no refunds will be given by NUSA GAUTENG in any circumstances.

9. PRIVACY POLICY AND PERSONAL INFO

9.1 Each User and Client agree that, by using the Website, they provide NUSA GAUTENG with certain personal information, including, without limitation, its name, company details, addresses, contact numbers, email address, Advertisements, location information ("Personal Info").

9.2 NUSA GAUTENG collects Personal Info to compile the Website, provide services to the Users and Clients, and related purposes. The Client / User must provide some Personal Info to access the Website, and/or make use of the service offered by NUSA GAUTENG, as indicated on the Website.

9.3 By using the Website, each User and Client explicitly consents to NUSA GAUTENG using or disclosing the Personal Info in the following circumstances:

9.3.1 for communication and emergency purposes from time to time provided that the User / Client may request to be removed from a communication system;

9.3.2 de-identified or aggregated Personal Info may be used for statistical and data analysis purposes;

9.3.3 to improve the Website, to improve and develop new products, features, and services;

9.3.4 in the ordinary course of its business and for promotions and marketing;

9.3.5 to validate the Client's information and identity as part of a Client's use or continued use of NUSA GAUTENG's products and/or services;

9.3.6 for use by its business partners for commercial or marketing purposes;

9.3.7 to any party if it believes that it is required by law or by a court to do so or if NUSA GAUTENG believes that this is necessary to prevent or lessen any unlawful or harmful actions.

9.4 In terms of the Protection of Personal Information Act, 2013, a person about which Personal Info is collected has the right:

9.4.1 of access to and the right to rectify the Personal Info collected;

9.4.2 to object to the processing of Personal Info;

9.4.3 to lodge a complaint to the Information Regulator whose details may be obtained from NUSA GAUTENG.

10. INDEMNITIES AND WAIVERS

10.1 Each Client and User hereby acknowledges that:

10.1.1 NUSA GAUTENG is not an agent, attorney, financial adviser, or any other professional adviser;

10.1.2 each Client/User is responsible for the negotiation and conclusion of any agreements that may result from the posting or access to Advertisements on the Website;

10.1.3 there is no obligation on a Client/User to make use of any of the service providers advertised on the Website;

10.1.4 NUSA GAUTENG does not regulate or take any responsibility for the content, accuracy, or completeness of the Advertisements, the Client's/User's information, or the security of the Client's/User's passwords in respect of the Website.

10.2 Each User and Client hereby waives any rights or claims it may have against NUSA GAUTENG in respect of any loss, liability, damage (whether direct or consequential), or expense of any nature whatsoever, which may be suffered as a result of the User's or Client's use or inability to use the Website or the services or content provided from and through the Website.

11. CONFIDENTIALITY

11.1 Each Client and User undertakes to:

11.1.1 keep confidential all information, whether written or oral, concerning the business and affairs of NUSA GAUTENG and of each other whether obtained from that party or any third party (“the Information”);

11.1.2 not disclose the Information to any person other than its employees, agents, and/or consultants involved in the implementation of this agreement, without that party's prior written consent;

11.1.3 use the Information solely in connection with the implementation of this agreement and not for its own benefit or that of any third party; and

11.1.4 keep confidential the terms and conditions of this agreement.

11.2 The provisions of this clause do not apply to any Information which is:

11.2.1 independently developed by the recipient;

11.2.2 publicly available without breach of this agreement; 

or

11.2.3 released for disclosure by the disclosing party with its written consent.

12. INTELLECTUAL PROPERTY INDEMNITIES

12.1 All the content on the Website, including any and all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name "Private Property" and the associated logo (which are both registered trademarks) the Website source code, copyrights and any modifications and/or upgrades thereto, is the intellectual property of NUSA GAUTENG.

12.2 The Clients and Users must not reverse-engineer or attempt to copy the Website in any way. The Client and Users may not use any automatic device or manual process to monitor or copy any part of the Website.

12.3 Users and Clients are granted limited licenses only to view the material contained on this Website.

13. PHOTO AND VIDEO CONTENT

13.1 To the extent that NUSA GAUTENG produces or procures any videos, virtual tours, or photographic content, including High Definition videos and High Dynamic Range photography, (collectively "Visual Content") for the Client, at the Client's request and cost:

13.11 NUSA GAUTENG will at all times own all the copyright and other intellectual property in the Visual Content;

13.12 NUSA GAUTENG licenses the Client to link or use the Visual Content on its own company website and its own social media platforms, provided that the specific media platform has been approved in writing by NUSA GAUTENG in its Acceptable Usage Policy or elsewhere and has not been expressly prohibited by NUSA GAUTENG in any document or notification;

13.13 the Client and the Users may not digitally link, nor permit or direct the placement of, the Visual Content on any other website or digital marketing platform whatsoever, except as set out above.

13.2 Any breach by the Client of the obligations in this clause will be a material breach of this agreement, entitling NUSA GAUTENG to suspend or terminate its service to the Client.

13.3 NUSA GAUTENG may, at its discretion, amend the nature or format of the Visual Content that it makes available for subscription or use by the Client.

14. VARIATION OF TERMS

14.1 NUSA GAUTENG is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms regularly.

15. SUB-CONTRACTING

15.1 NUSA GAUTENG may cede or assign any of its rights or obligations in terms of this agreement or sub-contract any of its obligations in terms of this agreement without requiring the prior consent of the Client/User.

15.2 The Client/User may not cede or assign any of its rights or obligations in terms of this agreement without NUSA GAUTENG's prior written consent

16. DISPUTE RESOLUTION:

16.1 Any dispute arising between the Parties in connection with the terms and conditions of the Website will in the first instance be referred for resolution to the respective Top Most Executives of each Party who shall attempt to resolve the dispute within 10 Business Days of it having been referred to them for resolution. If the Top Executives are unable to resolve the dispute within the aforesaid 10 Business Day period, either Party shall be entitled to refer the matter in writing for resolution by arbitration in terms of this clause.

16.2 Any dispute referred to arbitration in terms of this clause shall be held:

16.2.1 in Pretoria, Gauteng; and

16.2.2 by the rules of the Arbitration Foundation of Southern Africa or any successor or replacement body (if any);

it is the intention that the arbitration will be held and concluded within 21 Business Days after it has been demanded.

16.3 The decision of the arbitrator will be final and binding on the Parties and there will be no right of appeal and the arbitrator’s decision may be made an order of the court at the instance of any Party to the arbitration.

16.4 Nothing herein contained will prevent or prohibit either Party from applying to the appropriate court for interim or urgent relief.

17 GOVERNING LAW:

17.1 This Agreement shall be governed by and construed by the internal laws of the Republic of South Africa without giving effect to any choice or conflict of law provision or rule.

This policy will be updated from time to time. Last update: 28 December 2022