You can access our website at www.unlocked.me. Nedbank Limited, trading as Unlocked.Me (we, our, us), operates and owns all Unlocked.Me software and any other applications.
These website terms and conditions (Terms and Conditions) relate to the use of the Unlocked.Me website.
The Terms and Conditions bind every person that accesses or uses the website, including every person who registered on the website (the Registered User or you or your). By registering on the website, you confirm that you have read and agreed to these Terms and Conditions.
Unlocked.Me enables you to unlock your potential by allowing you to explore specially acquired content relating to the labour market (such as enabling you to access a jobs portal and to upload your CV to apply for available vacancies) and entrepreneurship. This option may require that we redirect you to third-party websites, in which case the provisions of clause 7 below will apply.
Unlocked.Me further enables you to take care of your money by giving you access to specially acquired content tailored to help make your money work for you to give you financial freedom.
Registration and use of the website
To register as a user, you must give us a unique username and password and give us certain information and personal details.
You agree and allow that your username and password will:
be used for personal use only.
and not be revealed by you to any third party.
For security purposes you agree to enter the correct username and password. If you do not, you will be denied access.
You agree to let us know immediately when you become aware that your username and password have been used without your authorisation or knowledge. You also agree to take steps to prevent any resulting loss or harm.
By using this website, you assure us that you are 18 years or older and do not need a guardian or parent to sign for you. If you are under 18 or not able to sign your own legal documents, you can use the website only under the supervision of your parent or legal guardian. Your parent or guardian is then responsible for everything you agree to in the Terms and Conditions.
You agree that you will not tamper with or change any workings of the website using any device software or any other instrument that could interfere with or damage the proper working of the website. You also agree not to use robots, spiders, automatic devices or any other manual processes to copy, distribute or change the website. If you have changes you would like to the website or want to distribute or change any part of it, you will need written consent from us before taking any action. We consent to standard search engine technology employed by internet search websites being used to direct internet users to this website.
You may not use the website to send out any material that is defamatory, offensive or unlawful, or that contains hate speech.
You will need written consent from us if you want to display, publish, copy, print, post or do anything on the website and its information.
We 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’ below.
Changes to the Terms and Conditions
We may, in our sole discretion and at any time, change the Terms and Conditions. It is your responsibility to check the Terms and Conditions and make sure that you agree with these changes. If you are not satisfied with any changes, you must not place further orders on the website. Any changes will apply to your use of this website only after the change is shown on the website. If you use the website after we have updated the Terms and Conditions, we will assume that you have accepted the changes to the Terms and Conditions.
Ownership and copyright
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 this website (Website Content) are protected by law, including, but not limited to, copyright and trademark law. The Website Content is either i) our property or ii) that of our advisors or other sponsors, which means it is licenced to us or iii) jointly owned by us and our advisors or sponsors.
You will not acquire any right, title or interest in or to the website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited, unless expressly authorised in terms of the Terms and Conditions or otherwise provided for in law. To get permission for the commercial use of any Website Content, email us at email@example.com. If we do not respond in writing in five business days, we will not have agreed to your request.
Linking to third-party websites
If any of the Website Content has been licensed to Unlocked.Me or belongs to any third party, your rights to use the content will be subject to any terms and conditions set out by the licensor or third party. You agree to comply with these third-party terms and conditions.
The website may contain links or references to other websites, including those of advertisers (Third-party Websites), which we do not control. These Terms and Conditions do not apply to Third-party Websites. We are also not responsible for the practices and privacy policies or cookies used by the Third-party Websites.
Though the website may provide links to Third-party Websites, we are not liable for any expense, claims, damage or loss resulting from your use of a Third-party Website or your reliance on any information you receive from them.
Limitation of liability
We cannot be held liable for any inaccurate information published on the website, except where the liability arises from our incompetent or wilful misconduct, or that of our employees, agents or authorised representatives. Please report any possible malfunctions or errors to us at firstname.lastname@example.org.
We will not be liable for any direct, indirect, incidental, special or consequential loss or damages that might arise from your use of, or reliance on, the website or Website Content; or your inability to use the website, and/or unlawful activity on the website, and/or any linked Third-party Website.
You indemnify us against any loss, claim or damage that your or any third party may suffer arising in any way from your use of this website and/or any linked Third-party Website.
Availability and termination
We will do our best 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.
We may terminate, suspend or modify this Website, 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 made before that, to the extent possible.
If you do not comply with your obligations under these Terms and Conditions, this may (in our sole discretion with or without notice to you) 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 may have against you.
We are entitled, 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 blacklist you on our database (including suspending or terminating your access to the Website).
Governing law and jurisdiction
These Terms and Conditions and our relationship and any dispute arising from or in connection with these Terms and Conditions will be governed and interpreted in accordance with the laws of South Africa. Your continued use of the website will mean you consent and submit 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.
If any dispute arises between you and us, you consent to the non-exclusive jurisdiction of the High Court of South Africa (South Gauteng Division, Johannesburg), even if the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 19 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
We choose Block D, First Floor, 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 and Conditions (Legal Address).
We may change this address from time to time by updating the Terms and Conditions.
You must send notices either by hand, prepaid registered post, fax or email and they must be in English. The parties accept that if you send a notice:
by hand, it is received on the date of delivery;
by prepaid registered post it is received 10 days after the date of posting;
by fax before 16:30 on a business day it is received on the date of successful transmission of the fax. All faxes sent after 16:30 or on a day that is not a business day is received on the following business day.
by email is received on the date indicated in the 'read receipt' notification. All email communications between you and us must use the 'read receipt' function to serve as proof that an email has been received.
For the purposes of the ECTA our information is as follows. You must read it together with other terms and conditions on the website:
Physical address for receipt of legal notices – Block D, First Floor, Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandton; and postal address PO Box 1144, Johannesburg, 2000.
The Promotion of Access to Information Act, 2 of 2000, manual is available on the main site under 'Legal notices'. Third-party Sellers’ information is available in the relevant product listing or via the customer support centre, contactable at email@example.com.
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 that you have made already.
You may not cede, assign or otherwise transfer your rights and obligations in terms of the Terms and Conditions to any third party.
If you or us do not enforce any right under the Terms and Conditions, it will not mean the party gives up that right.
If any term or condition in these Terms and Conditions is declared invalid, the remaining terms and conditions will still apply.
No indulgence, extension of time, relaxation or latitude that any party (first party) may show, grant or allow another party will mean the first party gives up any of its rights and the first party will not thereby be prejudiced or estopped from exercising any of its rights against the other party that may have arisen in the past or that might arise in the future.
The Terms and Conditions contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document between the parties.