Terms of Use

In these Terms of Use, the following words and expressions shall bear the meanings assigned to them below:

By accessing or using the Website, submitting an enquiry, or engaging Nerv's Services, you confirm that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.

If you do not agree to these Terms, you must immediately cease using the Website and refrain from engaging Nerv's Services. Continued use of the Website constitutes ongoing acceptance of any updates to these Terms.

These Terms apply to all visitors, registered users, clients, and any other persons who access or use the Website in any manner whatsoever.

Permitted use

You may use the Website for lawful purposes only, including to learn about Nerv's Services, submit enquiries, and access publicly available information. You agree to use the Website in a manner consistent with all applicable laws and regulations of the Republic of South Africa.

Prohibited conduct

You must not, and must not attempt to:

• Use the Website in any way that violates any applicable local, national, or international law or regulation.
• Transmit, or procure the transmission of, any unsolicited or unauthorised advertising, promotional material, or spam.
• Attempt to gain unauthorised access to any part of the Website, its servers, or any database connected to it.
• Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful code to the Website.
• Use automated tools, scrapers, or bots to harvest data or content from the Website without prior written consent from Nerv.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Website or its Content to defame, harass, abuse, threaten, or otherwise violate the rights of any third party.
• Reverse engineer, decompile, or disassemble any software or systems accessible through the Website.
• Interfere with or disrupt the integrity or performance of the Website or data contained therein.

The information published on this Website regarding Nerv's Services is provided for general informational purposes only and does not constitute a binding offer. All service engagements are governed exclusively by a separately executed written Agreement between Nerv and the client.

Service agreements

No binding obligation to deliver any Service arises from a website enquiry, email exchange, or verbal discussion alone. Services are only contracted upon execution of a signed statement of work, proposal, or service agreement.

Pricing and quotations

Any indicative pricing, estimates, or budgetary figures communicated via the Website or in preliminary discussions are subject to formal scoping and may vary. All quotations are valid for the period stated in the written proposal and are subject to VAT at the applicable rate.

Service availability

Nerv reserves the right to modify, suspend, or discontinue any Service offering at any time without liability. This does not affect obligations under a validly executed Agreement.

• Services are available to organisations operating within the Republic of South Africa and, where agreed in writing, to organisations with South African operational presence.
• Nerv reserves the right to decline any engagement at its sole discretion prior to execution of an Agreement.
• All Services are subject to the terms and conditions set out in the relevant Agreement, which shall take precedence over these Terms of Use in the event of any conflict.

The Website and all Content — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software — are the property of Nerv Industries or its content suppliers and are protected by applicable South African and international copyright, trademark, and intellectual property laws.

Restricted use

• You may not reproduce, distribute, modify, create derivative works of, publicly display, transmit, or exploit any Content from this Website without the prior written consent of Nerv.
• The Nerv Industries name, logo, and all related marks are trademarks of Nerv Industries. Nothing on this Website grants any licence to use these marks.
• Any unauthorised use of Content or marks may give rise to a claim for damages and may constitute a criminal offence.

Limited permitted use

You may print or download extracts of Content from the Website for personal, non-commercial reference only, provided that no documents are modified, no graphics are used separately from accompanying text, and Nerv's copyright and trademark notices appear in all copies.

Client deliverables

Intellectual property rights in deliverables produced by Nerv under a service Agreement are governed by the terms of that Agreement. In the absence of express written provisions to the contrary, all intellectual property in deliverables remains vested in Nerv until full payment has been received.

In the course of using this Website or engaging with Nerv's Services, you may share confidential or proprietary information with us. Nerv treats all such information in accordance with the confidentiality obligations set out in the applicable service Agreement.

Where no formal Agreement exists, Nerv will treat any clearly identified confidential information with reasonable care and will not disclose it to third parties except where required to do so by law, court order, or regulatory authority.

Nerv Industries is committed to protecting your personal information in compliance with the Protection of Personal Information Act, No. 4 of 2013 (POPIA) and all other applicable data protection legislation.

Information we collect

• Information you provide voluntarily through enquiry forms, email, or telephone — including your name, contact details, company name, and service requirements.
• Technical information collected automatically when you visit the Website, such as IP address, browser type, referring URLs, and pages visited.
• Cookies and similar tracking technologies, subject to your consent where required by law.

How we use your information

• To respond to your enquiries and provide the Services you have requested.
• To send you relevant communications about our Services where you have consented to receive them.
• To improve the Website and our service offering.
• To comply with legal and regulatory obligations applicable to Nerv.

Your rights under POPIA

You have the right to access personal information we hold about you, to request correction of inaccurate information, to object to processing, and to request deletion of your information in certain circumstances. To exercise any of these rights, contact us at privacy@nervindustries.co.za.

Website availability

The Website is provided on an "as is" and "as available" basis. Nerv makes no warranties, representations, or guarantees, whether express or implied, that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.

Accuracy of content

While Nerv endeavours to ensure that the information on this Website is correct, Nerv does not warrant the accuracy, completeness, or suitability of any information for any particular purpose. Nerv expressly excludes liability for any inaccuracies or errors to the fullest extent permitted by law.

Limitation of liability

To the maximum extent permitted by applicable South African law, Nerv shall not be liable for any direct, indirect, incidental, special, punitive, or consequential loss or damage arising from:

• Your use of, or inability to use, the Website or its Content.
• Unauthorised access to or alteration of your transmissions or data.
• Any reliance placed on Content published on this Website.
• Any interruption, suspension, or termination of the Website.
• Any third-party content accessible through links on this Website.

You agree to indemnify, defend, and hold harmless Nerv Industries, its directors, officers, employees, contractors, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of or access to the Website in violation of these Terms.
• Any content you submit, post, or transmit through the Website.
• Your violation of any applicable law, regulation, or third-party right.
• Any wilful misconduct or gross negligence on your part.

Nerv reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Nerv's defence of such matter.

The Website may contain links to external websites, including those of Nerv's technology partners and vendors. These links are provided for your convenience and informational purposes only.

• Nerv does not endorse, control, or assume any responsibility for the content, privacy practices, or availability of any third-party website.
• Accessing any linked third-party website is at your own risk and subject to that website's own terms and conditions.
• The inclusion of any link does not imply a partnership, affiliation, or endorsement beyond any formally disclosed relationship.

Nerv reserves the right, at its sole discretion and without notice, to:

• Suspend or terminate your access to the Website at any time for any breach of these Terms.
• Remove or disable access to any Content that Nerv considers objectionable, in violation of these Terms, or otherwise harmful.
• Permanently block any IP address, user account, or device from accessing the Website.

Termination of your access does not affect any rights or obligations that have accrued prior to termination. Clauses that by their nature should survive termination — including intellectual property, indemnification, limitation of liability, and governing law — shall continue in full force and effect.

These Terms of Use and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

You irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

Nerv reserves the right to amend, update, or replace these Terms of Use at any time at its sole discretion. We will endeavour to provide reasonable notice of material changes by updating the "Last updated" date at the top of this page and, where appropriate, by posting a notice on the Website.

Your continued use of the Website following any changes to these Terms constitutes your acceptance of the revised Terms. We recommend that you review this page periodically to stay informed of any updates.

If you do not agree to the revised Terms, you must cease using the Website and notify us in writing at legal@nervindustries.co.za.

If you have any questions, concerns, or requests regarding these Terms of Use, or wish to report a potential breach, please contact Nerv Industries through any of the following channels:

Nerv's Information Officer, as required under POPIA, can be reached at privacy@nervindustries.co.za.