Terms & Conditions

Website User Terms

Introduction
1. This website, nextsme.co.za (Website) is owned and operated by Next SME (Pty) Ltd, (Next SME, us, we, our), a private company registered in the Republic of South Africa.
2. Next SME provides the information contained in the Website and the pages comprising the Website, and advertises and offers online business tools and software advertised on this Website from time to time ("service/s") to users ("you"), subject to the terms and conditions set out herein ("the Website Terms").
3. These Website Terms apply when you visit the Website for the first time and throughout Your use of the Website. The latest version of these Website Terms applies each time you visit this Website.
4. Please read these Website Terms, together with our Privacy Policy carefully, they will govern our relationship with you in relation to your use of the Website and will constitute an ongoing binding agreement between Next SME and yourself.
Acceptance of Website Terms
1. By accessing the Website, you are deemed to have read, understood and agreed to the Website Terms.
2. Next SME may at any time change any of the Website Terms and such changes will supercede and replace any previous Website Terms. The amended Website Terms will be made available on the Website. Each time you access the Website, you agree to be bound by the Website Terms, as they have changed.
3. If you do not accept these Website Terms, please do not continue to use the Website. Please note that the Website Terms stated in this document refer to the use by you of the Website and are not related to any commercial agreement concluded between you and Next SME or any other third party pursuant to the use of the Website.
Online Services
1. Before you can use our services, you must register with us as a user on the Website, and we must accept your registration. We may accept or reject your registration at our sole discretion (in our own judgement) without giving reasons.
2. Separate terms and conditions apply to specific services which we offer. You can read these at the section of the Website where the relevant services are provided. If there is any difference between these Website Terms and the specific terms and conditions of any services, those specific terms and conditions will apply.
Use of the Website and indemnification
1. By accessing the Website, you warrant and represent to Next SME that you are legally entitled to do so.
2. If you subscribe for any of our services you warrant and represent that you are legally authorised to subscribe for such services.
3. By registering a user with Next SME you warrant you will not use the Website or the services or any information made available or sent to you by us pursuant to your use of the Website for any purpose that is unlawful or prohibited under South African or international law or is contravention of the Website Terms.
4. This Website is available to you for your non-commercial use.
5. We may modify, withdraw or deny access to this Website at any time.
6. You may not print pages of this website and no part of this Website may be reproduced or transmitted for any purpose.
7. This Website is intended to provide general information regarding Next SME and our services, and other information which may be of interest to you. It is not intended to provide exhaustive treatment of any subject. The information on this Website including all research, opinions or other content is not intended to and does not constitute professional advice or services. Before making any decision or taking any action which might affect your business or personal finances you should take appropriate advice from a suitably qualified person.
8. By uploading personal data to, or connecting any external accounting software or financial institutions with Next SME, the user expressly warrants that they possess the requisite authority to provide such personal data. This includes the authority to share information related to third parties, such as clients and employees, within the context of the services provided by Next SME. The user further acknowledges and agrees that Next SME relies on this warranty and cannot be held liable for any unauthorised disclosure, use, or submission of personal data resulting from the user's failure to secure appropriate consents or authority. It is the user’s sole responsibility to ensure compliance with all applicable laws and regulations concerning the collection, processing, and transmission of personal data through Next SME’s platform.
Copyright and intellectual property
1. Copyright and all intellectual property rights and all materials, texts, drawings and data made available on the website (collectively "the materials") are either owned by Next SME or licenced to it, and are protected by both South African and international intellectual property laws. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will be an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for purposes of considering and making use of the services offered by Next SME .
2. The trademarks, names, logos and service marks (collectively "trademarks") displayed on the website are registered and unregistered trademarks of Next SME. Nothing contained on this Website should be construed as granting any licence or right to use any trademark without the prior written permission of Next SME.
3. All other content on the Website is either owned by Next SME or licensed to it and you may not use, distribute, reproduce and/or adapt the content in any way without first obtaining Next SME’s prior written permission.
You must use suitable hardware and software
1. You must use and update hardware and software (computer equipment and programs) suitable for this Website and the services. If you do not, the Website may not work properly and this could increase your security risks.
2. If we offer any software to you on or through the Website, the licence agreement is between you and the software licensor (owner).
3. You indemnify us against any breach of a software licence. We do not expressly or implicitly warrant that any software is of good quality or suitable for its purpose.
4. We also do not warrant that any file, download or application available on the communication system is safe to use on any computer. We cannot guarantee that it contains no software or data that can negatively affect a computer system, such as viruses, trojans and other malicious software.
Protection of personal information
1. Next SME collects and processes personal information (as defined in the Protection of Personal Information Act, 2013) through and in connection with the Website. By using the Website, you consent and agree to the collection and processing of your personal information in terms of our Privacy Policy.
Security of Website
1. Next SME will take all reasonable technical and organisational measures to protect your data provided by you, as explained more fully in the Privacy Policy.
2. Next SME cannot guarantee the security of any data transmitted online and you accept any risks of providing information on the Website.
Third party links
1. From time to time this Website may also include links to other websites. External links may be provided for your convenience, but they are beyond the control of Next SME and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links, you must refer to the external terms and conditions of use.
2. If we provide a link to any other information, website, person or business, it does not mean that we have checked or approve of them. No endorsement or approval of any third party or their advice, opinions, information, products or services is expressed or implied by any information on this Website.
3. We do not give any warranty about any other website, software or hardware, including their security or performance. You waive (give up) any claim you may have against us for any loss or damage you may suffer because you connect to any other website.
Permission to link to our Website
Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving Next SME's prior written approval.
Framing
No person, business or website may frame the Website or any of the pages on this Website in any way whatsoever without receiving Next SME’s prior written approval.
Crawlers and spiders
No person, business or website may use any technology to search and/or gain information from Website without Next SME’s prior written consent.
Risks of sending information over the Internet
1. Information sent over the Internet, including email, can be intercepted, seen or changed. We take steps to limit these risks as explained in our Privacy Policy but because we cannot stop all illegal activities, we are not responsible for any loss or damage you may suffer as a result. To limit risks, we may check any information you send using the Website or email.
Live information on the website
We may use other organisations to provide information on this Website. We have no control over this information and do not warrant or guarantee that it is correct or suitable for anything. Any of this information is provided "as is" and we are not directly or indirectly responsible for any loss that may follow from you relying on it.
Limits of our responsibility
1. You use this Website at your own risk.
2. Next SME makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the use of the Website and/ or the services.
3. Next SME does not make any warranty or representation that information and service/s advertised on the Website are appropriate for use in any jurisdiction.
4. Next SME uses standard virus protection software but does not warrant that the Website is free from all errors and viruses or any other harmful software or devices that have the ability to corrupt a user’s computer.
5. Next SME does not warrant that the Website is compatible with your computer equipment or software.
6. To the fullest extent possible by law, Next SME expressly disclaims all (express or implied) warranties, including, without limitation, warranties and non-infringement, compatibility, security and accuracy in respect of this Website. We do not warrant that the Website or any software available for download via the Website is free of viruses or destructive codes.
7. Neither Next SME or its directors shall be responsible for, and they hereby disclaim all liability for, any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or received via the Website, your use of the service/s and/or your reliance on any information offered via the Website and service/s.
8. Without limiting the generality of the aforegoing, neither Next SME nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the Website.
9. Information transmitted via the internet is susceptible to monitoring and interception. You will bear all risks of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us.
10. Any unsolicited confidential or proprietary information sent to us via the internet cannot be guaranteed to remain confidential. If you need to send such information to us and are concerned about the security of this information please contact us and we will advise you of the most appropriate method of transmission.
11. This Website is made available for public viewing on the basis that Next SME excludes, to the extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of this Website or reliance upon the content of this Website.
Limitation of liability and indemnity
Next SME and its employees, directors or agents will not be liable for, and you indemnify and hold Next SME harmless against, any loss or harm, direct, indirect or consequential, arising from, or connected to:
1. your use of the Website;
2. your inability to use the Website;
3. any operational failure of the Website;
4. unlawful activity on the Website and/or any linked third party websites;
5. your reliance on any information or content provided on the Website, as Next SME makes all reasonable efforts to ensure that the information and content on the Website is complete and accurate;
6. any virus downloaded from the Website by you;
7. your breach of any of the warranties given by you in these Website Terms;
8. you uploading or transmitting a virus, computer program or code onto the Website; and/or
9. breach of security through the Website unless it is due to the gross negligence of Next SME.
Proof of the Website’s contents
A letter signed by us of the operation or functionality of any part of the online services and the Website contents on any date are accepted as correct until proved otherwise.
Severance
If any clause in these Website Terms is invalid or illegal or cannot be enforced, those causes will be severed and the remaining clauses will continue to be valid.
Applicable law and jurisdiction
1. These Website Terms are governed by the law of South Africa.
2. Except to the extent that any other regulatory authority has jurisdiction, you agree that the High Court of South Africa has jurisdiction over any disputes arising from these Website Terms.
Compliance with Legislation
Next SME will not tolerate anyone using the Website (including the registration process) in contravention of any law, whether in common law or statute, and reserves the right to take action against anyone doing so, including laying a criminal charge, where applicable.