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Terms & Conditions

Welcome to The Newbi Project. These Terms and Conditions govern your access to and use of our website and services. By accessing, browsing or using our platform in any manner, you irrevocably agree to be bound by these Terms as amended from time to time. If you do not agree with any part of these Terms, please refrain from using our services.

định nghĩa

(Platform) refers to The Newbi Project website and associated services. (User, You, or your) refers to any individual or entity accessing or using our Platform. (We, us, or our) refers to The Newbi Project.

Eligibility:

By using our Platform, you represent and warrant that you are at least 18 years old or have obtained parental or guardian consent if you are a minor. You further warrant that you have full legal capacity to enter into this Agreement. If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

User Accounts

To access certain features of our Platform, you may be required to create an account. You agree to: Provide accurate and complete information during the registration process. Maintain the confidentiality of your account credentials. Notify us immediately of any unauthorized us of your account. We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or misleading. You acknowledge that you are solely responsible for all activity that occurs under your account, whether authorized or not.

User Conduct

You agree not to: Use the Platform for any unlawful purpose or in violation of any applicable laws. Post or transmit any content that is defamatory, obscene, offensive, or infringes upon the rights of others. Attempt to gain unauthorized access to other user accounts or our systems. Interfere with the operation of the Platform or disrupt the experience of other users. We reserve the right to investigate and take legal action against any breach of this section.

Content Ownership and License

You retain ownership of the content you upload to your vCard. By posting content on our Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content solely for the purpose of operating and promoting our services. You represent and warrant that you have the lawful right to upload such content, and that it does not infringe the intellectual property or other rights of any third party. We do not claim ownership of your content and will not use it for any other purposes without your explicit consent.

Intellectual Property

All content, trademarks, logos, and other intellectual property on the Platform are the property of The Newbi Project or its licensors. You may not copy, republish, transmit use, reproduce, or distribute any content from the Platform without our prior written permission.

Chính sách bảo mật

Your use of our Platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our services, you consent to the practices described in the Privacy Policy.

Third-Party Links

Our Platform may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of any third-party sites. Accessing these links is at your own risk. We do not endorse, and are not liable for, any third-party content, advertising, products, or other materials on or available from such sites.

Disclaimers

The Platform is provided on an (as-is) and (as-available) basis. We make no warranties, express or implied, regarding the reliability, accuracy, or availability of our services. We disclaim all warranties to the fullest extent permitted by law.

Beta Services

From time to time, we may offer access to new or experimental features on a beta or trial basis. Such features are provided (as-is) without warranties and may be changed or removed at any time without notice

Limitation of Liability

To the maximum extent permitted by law, The Newbi Project shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Platform. In no event shall our total aggregate liability to you exceed the amount of fees paid (if any) by you to us in the twelve (12) months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify, and hold harmless The Newbi Project, its affiliates, officers, directors, employees, contractors, and agents, from and against any and all third-party claims, demands, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys fees) arising out of or related to:
1) your use of or access to the Platform;
2) any content you upload, submit, or transmit through the Platform;
3) your breach of these Terms or any applicable laws or regulations;
4) any alleged infringement or violation of intellectual property, privacy, or other rights of
a third party by you or your content.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Further Terms & Conditions

Termination:

We reserve the right to suspend or terminate your access to the Platform at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or our business interests. Termination will not affect any accrued rights or liabilities of either party.

Modifications and Interruptions:

We reserve the right to modify, suspend, or discontinue the Platform or any part thereof at any time without notice. We are not liable for any modification, suspension, or discontinuation of the Platform or any part thereof. Your continued use of the Platform following any changes constitutes acceptance of the modified Terms.

Force Majeure:

We shall not be held liable for any failure or delay in performance caused by circumstances
beyond our reasonable control, including but not limited to natural disasters, civil unrest,
government actions, telecommunications failure, or labor disputes.

Export Control:

You agree not to use or access the Platform in any manner that violates applicable export control laws and regulations. You also agree not to access the services from jurisdictions where doing so is prohibited.

Governing Law:

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the South African courts. You consent to the jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg.

Severability:

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver:

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Entire Agreement:

These Terms constitute the entire agreement between you and The Newbi Project regarding the use of the Platform and supersede any prior agreements. No waiver, variation, or amendment of these Terms shall be valid unless made in writing and signed by both parties.

Dispute Resolution:

You agree to resolve any disputes arising under these Terms through good faith negotiation, mediation and eventually, arbitration and waive your right to participate in any class action or class-wide proceeding. Nothing in this clause shall prevent either party from seeking interim relief in a court of competent jurisdiction.

Contact Information: For any questions or concerns regarding these Terms,
Please contact us at: The Newbi Project
Email: admin@newbi.app

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Tuyên bố miễn trừ trách nhiệm

Trong phạm vi tối đa được pháp luật hiện hành cho phép, chúng tôi loại trừ mọi tuyên bố, bảo đảm và điều kiện liên quan đến trang web của chúng tôi và việc sử dụng trang web này.

1. limit or exclude our or your liability for death or personal injury
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law. This limitation applies even if we have been advised of the possibility of such damages.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

Miễn là trang web cũng như thông tin và dịch vụ trên trang web được cung cấp miễn phí, chúng tôi sẽ không chịu trách nhiệm về bất kỳ tổn thất hoặc thiệt hại nào dưới bất kỳ hình thức nào.