Please carefully read these Nothing Website Terms and Conditions of Use (the “Terms”) before using the website located at www.nothingtech.co.za and all associated sites linked to www.nothingtech.co.za, including Nothing sites around the world (collectively, the “Site”). The Site is owned and operated Cernotech (Pty) Ltd. Your access to, and use of the Site is conditioned upon your full acceptance of and compliance with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

Cernotech may periodically make changes to these Terms, at its sole discretion. When We do, We will update the “Last Updated” date below. The changes are immediately effective upon posting such changes on the Site. It is your responsibility to review the most recent version of these Terms and remain informed of any changes We make. You agree that your continued use of the Site after the effective date of any changes will constitute your express acceptance of the changed Terms.

We reserve the right to modify or discontinue, temporarily or permanently, operation of or access to the Site without notice, and for any reason. We may also (a) modify or change the Site, or any portion thereof, (b) edit, delete or modify any applicable Terms, (c) and pause or interrupt some or all of the Site’s operation, for any duration of time, and for any reason We deem appropriate. As long as you comply with these Terms, Cernotech grants you a limited, revocable license to access and use the Site solely for your personal use. No other use of the Site is authorized.

Site Content

All information on this Site, including documents, text, graphics, images, photographs, trademarks, logos, developer tools, download areas, products and services (collectively, “Site Content”) contained on the Site is the property of Cernotech, and is protected by communications statutes, as well as trademark, copyright, and patent laws, and various other intellectual property rights and unfair competition laws. The Site Content, and any updates, enhancements or new features thereto are subject to these Terms.

You may use Site Content (such as data sheets, use cases, or similar information) made available on the Site by Cernotech for download, provided that you: (a) do not remove any proprietary notices from the Site Content; (b) use such Site Content only for personal, non-commercial or informational purposes; (c) do not copy or post such Site Content on any networked computer or broadcast it in any media; (d) do not modify the Site Content; and (e) do not make any additional representations or warranties relating to the Site Content.

Cernotech may provide you with a mechanism to provide feedback, suggestions and ideas about the Site or Site Content (“Feedback”). If you provide Cernotech with Feedback, no compensation will be paid, and We may use it without any obligation to you. Cernotech may also remove any Feedback from the Site at any time at its sole discretion.

General Use Restrictions

Unless expressly provided in these Terms or by applicable law, you will not, and will not permit anyone else to: (a) gain unauthorized or unlawful access to the Site or Site Content; (b) store, create derivative works from, copy, reproduce, modify, reverse engineer, distribute, upload, publicly display, post, encode, transmit, translate, or distribute (including “mirroring”) any Site or Site Content to any other computer, website, server or other medium, or collect any Site or Site Content as part of a database or other work without prior written permission from Cernotech; (c) permit any automated tool (e.g. robots, spiders) to be used on the Site or store, copy, modify, distribute, or resell any Site Content; (d) rent, lease, or sublicense your access to the Site; (e) circumvent or disable any digital rights management, proprietary notices (including copyright notices), usage rules, or other security features of the Site; (f) test or scan the Site or servers associated with the Site, or any network connected to the Site for vulnerabilities; or (g) use the Site in a manner that overburdens the Site, or otherwise threatens the integrity, performance, or availability of the Site or Site Content, or interfere with anyone else’s use of the Site or Site Content.

If you violate these Terms, Cernotech reserves the right to: (a) cancel, terminate or block any service to the Site without any notice or explanation; (b) disclose any information that Cernotech, at its sole discretion, deems necessary to comply with any applicable law, regulation, or government request; or (c) disclose your information when Cernotech, at its sole discretion, determines that such applicable law requires or permits such disclosure.

Cernotech may also terminate your access to the Site if: (a) requested by law enforcement, or a government agency; (b) you delete your account; (c) the Site or any Site Content is substantially modified, discontinued or removed; or (d) the Site is experiencing technical difficulties. Under no circumstance will Cernotech be liable to you or any third party for terminating access to the Site as a result of your violation of these Terms.

Breaching these Terms will cause irreparable and continuing harm to Cernotech for which money damages are insufficient. Cernotech shall be entitled to injunctive or equitable relief that Cernotech may deem necessary or appropriate under the circumstances. These remedies are in addition to any other remedies Cernotech may have at law or in equity.

Cernotech may provide information about the Site through other electronic means (e-mails, or other forms of communication). By this reference, these additional Terms will also apply to you.

Intellectual Property Rights

You understand that any product, process or technology described on the Site may be the subject of other intellectual property rights reserved by Cernotech and are not licensed to you. The Nothing logo, and most other brand names in this Site are the trademarks or registered trademarks of Nothing. Wherever possible, trademarks of other parties are identified.

Privacy

Cernotech takes your privacy very seriously. Our Privacy Policy is available https://www.nothingtech.co.za/privacy-policy/ , and is incorporated into these Terms by reference herein.

Please read the Privacy Policy carefully for information regarding our collection, use, storage, and disclosure of personal information that We collect through the Site.

Additionally, by using the Site, you acknowledge and agree that the information you send over the Internet is never completely private or secure, and that this information may be read or intercepted by others, even if you take steps to ensure the confidentiality of the information you share.

Links and Third-Party Content

The Site may contain links to third-party products, services, and websites, which are only provided for your convenience. Cernotech exercises no control over any third-party products, services, and websites and We are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and/or websites. Cernotech is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of, or reliance on, any goods or services available through the third-party products, services, and/or websites.

Should you choose to follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party website to which you navigate from the Site.

Submitting Unsolicited Information to Cernotech

Please be aware that Cernotech does not wish to receive any proprietary or confidential information from you through the Site (“Unsolicited Information”). Cernotech will consider any Unsolicited Information you share through this Site non-confidential and non-proprietary, and Cernotech will not be liable to you for any subsequent use or disclosure of the information. Absent a separate written confidentiality agreement between you and Cernotech that covers information shared on the Site, you hereby grant Cernotech a perpetual, worldwide, fully transferable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Unsolicited Information, including future modifications to the Site, or our Site Content, and you hereby irrevocably waive any claim that any use of your Unsolicited Information violates any of your rights.

Disclaimers

YOUR USE OF THE SITE AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK OR UNSOLICITED INFORMATION IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CERNOTECH CANNOT ENSURE THAT ANY CONTENT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

CERNOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CERNOTECH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SITE OR SITE CONTENT, NOR THAT ANY SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE, COMPLETE, USEFUL OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR SITE CONTENT WILL PROVIDE SPECIFIC RESULTS. YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT MAY RESULT FORM THE DOWNLOAD OF ANY SITE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CERNOTECH OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

CERNOTECH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST CERNOTECH FOR DISSATISFACTION WITH THE SITE OR SITE CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND CERNOTECH.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL CERNOTECH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF INCOME, LOSS OF ACTUAL OR ANTICPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED OR ACTUAL SAVINGS, LOSS OF OR DAMAGE TO OR CORRUPTION OF DATA (OR OTHER INTANGIBLE LOSSES) OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SITE OR SITE CONTENT, EVEN IF CERNOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY WILL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER CERNOTECH’S REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL CERNOTECH’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, ARISING HEREUNDER (WHETHER IN TORT, CONTRACT OR OTHERWISE) EXCEED ONE HUNDRED US DOLLARS ($100). THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.

Indemnification

You hereby agree, at your sole expense, to indemnify, defend and hold Cernotech and its affiliates, employees, officers, directors, providers, suppliers, agents, and licensees (the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of: (a) any breach by you of these Terms; (b) claims arising from or related to the Site or Site Content; (c) misuse and/or modification of the Site or Site Content; or (d) a third party claim, action or allegation of infringement or misappropriation of such third party’s intellectual property rights. Cernotech reserves the right to assume the exclusive defense of any matter subject to indemnification by you at Cernotech’s expense.

Other Terms and Conditions

• You represent that you are of sufficient legal age to use Cernotech’s Site.
• The headings used in these Terms are for convenience only and do not affect the meaning or construction of these Terms.
• If any business transactions are conducted on our Site, you will be subject to additional terms and conditions.
• Certain portions of this Site are intended for audiences in specific countries as indicated by specific country references in the web link, or Site page information. Terms for country-specific Site pages may vary.
• At any time, and without notice, Cernotech may make enhancements, improvements, or changes to products or services offered on the Site, or to the applicable prices for any such products or services. Some Site or Site Content, including, but not limited to, products and services may be out of date, and Cernotech makes no commitment to update the Site or Site Content with respect to such products and services.

Governing Law and Dispute Resolution

These Terms, and all matters related to your access to, or use of the Site or Site Content will be governed by and construed in accordance with the laws of the Republic of South Africa without regard to principles of conflicts of laws. You submit to the jurisdiction of the courts of or located in the Republic of South Africa, with respect to any action or proceeding arising out of or in any way related to these Terms, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the courts in the Republic of South Africa.

If you do not bring a claim or cause of action under these Terms within one (1) year after the cause of action arises, such claim or cause of action is barred.

If any dispute arising between you and Cernotech cannot be settled by reasonable discussion, then you agree that, prior to commencing any action, you and Cernotech shall first engage the services of a professional mediator, of Cernotech’s selection, in a good faith attempt to resolve the issue.

Void Where Prohibited

Cernotech Sites may be administered and operated from various locations inside and outside the Republic of South Africa.

While you may access this Site from anywhere in the world, you understand that not all products or services included or referenced through or on the Site are available to everyone, or are available in all geographic locations. Any offer for any product or service made on the Site is void where prohibited.

If you access this site from outside the Republic of South Africa, you do so of your own free will and accord, and you are entirely responsible for compliance with all applicable local laws.

General

• If any provision of these Terms is held by a court of law to be illegal, invalid or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected thereby.
• To the extent there is a conflict between these Terms and any other terms posted to a specific area of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site Content or specific service.
• These Terms and any policies referred to herein, constitute the entire agreement concerning your use of the Site. Any other agreements, whether written or oral that may have existed between you and Cernotech with respect to the use of this Site are hereby superseded and cancelled.
  No waiver of any provision or consent to any action by Cernotech shall constitute a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent by Cernotech shall constitute a continuing waiver or consent except to the extent specifically set forth by Cernotech in writing.
• These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
• The information contained in this website is subject to change without notice.

Last updated by Cernotech on 10 October 2024

APPENDIX I

PASSWORD PROTECTED SITES

Accounts, Passwords and Security

Certain areas of the Site, including www.nothingtech.co.za require you to register for an account before you can access Site Content (“Secured Content”). You must: (a) complete the registration process by providing us with complete and accurate information as indicated in the applicable registration page, and (b) keep your registration information current.

If you are an authorized user of the Secured Content, you agree that it is your sole responsibility to maintain the confidentiality of your password and account information. You agree to notify Cernotech of any unauthorized use of your account or password, or any other breach of security that’s known to you. Cernotech shall have no liability for any and all activity that occurs under your account, including any fees which may be incurred under your password protected account, due to your failure to keep your credentials confidential and secured.