Terms and conditions
Last modified: November 15, 2023
Nimbl Digital Marketing reserves the right to change the terms, conditions, and notices under which Nimbl Digital Marketing website is offered, including but not limited to the charges associated with the use of Nimbl Digital Marketing website.
Agreement between user and Nimbl Digital Marketing
Nimbl Digital Marketing website is comprised of various web pages operated by Nimbl Digital Marketing.
Nimbl Digital Marketing website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Nimbl Digital Marketing website constitutes your agreement to all such terms, conditions, and notices.
Links to third party sites
Nimbl Digital Marketing website may contain links to other websites (“linked sites”). The linked sites are not under the control of Nimbl Digital Marketing and Nimbl Digital Marketing is not responsible for the contents of any linked site, including without limitation to any link contained in a linked site, or any changes or updates to a linked site.
Nimbl Digital Marketing is not responsible for webcasting or any other form of transmission received from any linked site. Nimbl Digital Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nimbl Digital Marketing of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of Nimbl Digital Marketing website, you warrant to Nimbl Digital Marketing that you will not use Nimbl Digital Marketing website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use Nimbl Digital Marketing website in any manner which could damage, disable, overburden, or impair Nimbl Digital Marketing website or interfere with any other party’s use and enjoyment of Nimbl Digital Marketing website.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Nimbl Digital Marketing websites.
Use of communication services
Nimbl Digital Marketing website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service.
By way of example, and not as a limitation, you agree that when using a communication service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
- Restrict or inhibit any other user from using and enjoying the communication services.
- Violate any applicable laws or regulations.
- Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all consent.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Surveys, contests, pyramid schemes or chain letters.
Nimbl Digital Marketing has no obligation to monitor the communication services. However, Nimbl Digital Marketing reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Nimbl Digital Marketing reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.
Nimbl Digital Marketing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nimbl Digital Marketing’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Nimbl Digital Marketing does not control or endorse the content, messages or information found in any communication service and, therefore, Nimbl Digital Marketing specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service.
Managers and hosts are not authorized Nimbl Digital Marketing spokespersons, and their views do not necessarily reflect those of Nimbl Digital Marketing. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided or posted to Nimbl Digital Marketing
Nimbl Digital Marketing does not claim ownership of the materials you provide to Nimbl Digital Marketing (including feedback and suggestions) or post, upload, input or submit to any Nimbl Digital Marketing website or its associated services (collectively “submissions”).
However, by posting, uploading, inputting, providing or submitting your submission you are granting Nimbl Digital Marketing, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Nimbl Digital Marketing is under no obligation to post or use any submission you may provide and may remove any submission at any time in Nimbl Digital Marketing’s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Liability disclaimer
The information, software, products, and services included in or available through Nimbl Digital Marketing website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
Nimbl Digital Marketing and/or its suppliers may make improvements and/or changes in Nimbl Digital Marketing website at any time. Advice received via Nimbl Digital Marketing website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Nimbl Digital Marketing and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on Nimbl Digital Marketing website for any purpose.
To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Nimbl Digital Marketing and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Nimbl Digital Marketing and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Nimbl Digital Marketing website, with the delay or inability to use Nimbl Digital Marketing website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Nimbl Digital Marketing website, or otherwise arising out of the use of Nimbl Digital Marketing website, whether based on contract, tort, negligence, strict liability or otherwise, even if Nimbl Digital Marketing or any of its suppliers has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of Nimbl Digital Marketing website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using Nimbl Digital Marketing website service contact: [email protected]
Termination/access restriction
Nimbl Digital Marketing reserves the right, in its sole discretion, to terminate your access to Nimbl Digital Marketing website and the related services or any portion thereof at any time, without notice.
General to the maximum extent permitted by law, “these terms and conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of Nimbl Digital Marketing website.
Use of Nimbl Digital Marketing website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nimbl Digital Marketing as a result of this agreement or use of Nimbl Digital Marketing website.
Nimbl Digital Marketing’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nimbl Digital Marketing’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Nimbl Digital Marketing website or information provided to or gathered by Nimbl Digital Marketing with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nimbl Digital Marketing with respect to Nimbl Digital Marketing website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nimbl Digital Marketing with respect to Nimbl Digital Marketing website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. it is the express wish to the parties that this agreement and all related documents be drawn up in English.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. no association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
The following will not be endorsed by Nimbl Digital Marketing:
- Adult/pornographic content, services and products.
- Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
- Human parts and remains.
- Illegal drugs & paraphernalia.
- Unauthorized copies, copyright violations, plagiarised material.
- Psychic readings, palm readers, sorcery, black magic and divination’s.
- Photos without permission or knowledge.
- Offensive material.
User responsibilities
Customers are responsible for any misuse of the company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse Nimbl Digital Marketing’s service.
Nimbl Digital Marketing urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer, and Nimbl Digital Marketing cannot be held liable for the customer being placed on any bulk mailing lists as a result.
Where the customer has authorised a minor to use any of Nimbl Digital Marketing’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
Nimbl Digital Marketing cannot be held liable for any business dealings you have with any third parties on the internet, including any vendors or advertisers found on or through the Nimbl Digital Marketing network. Further, Nimbl Digital Marketing assumes no responsibility whatsoever for any charges you or any user of your account incur when making purchases or other transactions in this manner.
Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.
Reservation and non-waiver of rights
Nimbl Digital Marketing reserves the right to amend or alter this policy at any time, and without notice to you. Nimbl Digital Marketing reserves the right to take action against any individuals, companies, or organizations that violate any of the prohibited activities set out herein or engage in any illegal or unlawful activity while accessing our services to the fullest extent of the law.
Nimbl Digital Marketing reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. Nimbl Digital Marketing reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
Nimbl Digital Marketing reserves the right to suspend, revoke or cancel Nimbl Digital Marketing’s services to the customer/user if the safety and integrity of Nimbl Digital Marketing’s resources are placed at risk in continuing to provide service to the subscriber/user. Nimbl Digital Marketing reserves the right to remove any information or materials in whole or in part, that, in Nimbl Digital Marketing’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
Nimbl Digital Marketing does not undertake to guarantee the security of any data passing through its networks. Although Nimbl Digital Marketing will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Nimbl Digital Marketing cannot be held liable for any loss or damage arising as result of the failure to do so.