PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY IT.
This is the website of Nebula College NPC (hereafter “Nebula”). The address of Nebula for correspondence relating to this website is: 101 Farnham Road, Lynnwood Manor, Pretoria, 0081, South Africa. All communications regarding this website should be addressed to ronel@nebulacollege.co.za
1. Introduction
1.1 These terms and conditions ("the Terms and Conditions") are binding on all persons that access the website https://nebulacollege.co.za/ ("the Website") without qualification or exception. By entering the Website, the person accessing the Website ("the User") agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the Website.
1.2 Use of the Website may, in as much as same is legally allowed, be monitored, tracked and/or recorded.
1.3 Anyone using this Website expressly consents to such monitoring, tracking and/or recording and the User accepts the onus of proving or disproving, as the case may be, the validity of the monitoring, tracking and/or recording of his/her/its activities.
1.4 Nebula may from time to time amend either in whole or in part, these Terms and Conditions without obtaining your prior consent. If you do not agree to such variation, your sole remedy shall be to terminate the access to the Web Site, services, content or uninstall the software if any. The User's continued use of this Website shall constitute the User's agreement to the amended Terms and Conditions.
1.5 In the event that any provision contained or expressly referred to in this agreement is held to be invalid under any applicable statute, rule of law or jurisprudence, as the case may be, it will to that extent be deemed omitted and it is the express agreement of the parties that the User will accept the burden and do all that he can do to ensure that effect is given to the express provisions and/or requirements for the parties having entered into this agreement.
1.6 The contra proferentem-rule shall not be applied in the interpretation of this agreement.
1.7 The words “including” and “in particular” are to be construed as being by way of illustration or emphasis only and are not to be construed as, nor shall they take effect as, limiting the generality of any aforegoing words. The eiusdem generis - rule shall accordingly not be applied in the interpretation of such general wording or such specific examples.
2. Intellectual Property
2.1 The contents of the Website (https://nebulacollege.co.za/) is subject to copyright and no part of these pages and documents may be reproduced, stored or transmitted in any form or by any means, without prior consent from Nebula.
2.2 The Website is owned by Nebula and the User acknowledges that Nebula or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the Website, including, without limitation, copyright, trademarks, patents, inventions, goodwill and trade secrets.
2.3 In addition, the works of authorship contained in the Website, including but not limited to all design, text, sound recordings and images are owned, except as otherwise expressly stated, by Nebula.
3. Website Use
3.1 The User may not, without Nebula’s written prior consent, use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the intellectual property subsisting in, pertaining to or used on the Website or the Website's contents.
3.2 The User shall not infect the Website with viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties nor shall the User damage, interfere with or intercept any data or information contained on the Website.
3.3 Notwithstanding the fact Nebula has taken reasonable care to ensure that the information on the Website is accurate and complete, access to the Website is made available for information purposes only. No content, information, statement or opinion on this Website should be construed as educational or legal advice.
3.4 Nebula reserves the right to make any changes to the Website and/or its content and/or the services offered through the Website, at any time and without notice.
3.5 The Website may contain links to other unaffiliated websites and such links are provided solely as pointers to information on topics that may be useful to users of this Website. Since Nebula has no control over the content on such unaffiliated websites, this does not imply any endorsement by Nebula of, or responsibility for, the opinions, ideas, products, information or services offered at such sites or any representation regarding the content at such sites. Nebula expressly disclaims any such endorsement or representation and the User accesses such websites at the User's own risk and discretion.
3.6 In addition to the above, the said third party websites may have a privacy policy or security practices different from this Website. As a consequence, it is important to read the policies of those sites before sharing your personal information.
3.7 The User may not link to this Website without Nebula’s prior written consent.
4. No Warranties or Liabilities
4.1 The information published on the Website, including without limitation text, graphics and links are provided on an "as is" basis. Nebula makes no representations or warranties of any kind, whether express or implied, as to the operation of this website or the accuracy, correctness or completeness of the information included on this site.
4.2 Nebula does not warrant that the Website will be, without limiting the generality of the following, error free or will meet any particular criteria of accuracy, completeness, reliability of information, performance or quality.
4.3 Nebula makes no warranties, whether express or implied, in regard to the Website, its contents, accuracy or availability. Without limiting the aforesaid, Nebula does not warrant that the Website or any files that may be downloaded from it are free of viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties.
4.4 As a consequence, the User assumes all responsibility and risk for the use of the Website. Nebula shall not be liable for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not Nebula has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
4.5 The User hereby indemnifies Nebula and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third party in relation to any act or omission by the User in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.
5. Privacy Policy
5.1 The User is referred to the contents of the Privacy Policy that can be accessed elsewhere on the Website, which will be applicable
6. Governing Law
6.1 The Terms and Conditions and the User's use of the Website shall be governed by and construed in accordance with the laws of the Republic of South Africa. The User irrevocably and unconditionally consents to the jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms and Conditions or the User's use of the Website, in particular the User consents to the jurisdiction of the North Gauteng High Court, irrespective of the value of or jurisdiction in which the cause of action or a portion thereof may have occurred.
6.2 Use of the Website will at all times be deemed to have occurred in Pretoria, South Africa, unless the contrary can be proven and the User accepts the onus of proving or disproving this assumption, as the case may be.
7. Violation and Waiver
7.1 Should the User violate these Terms and Conditions or any other rights which Nebula may legally have, Nebula reserves the right to pursue any and all legal and equitable remedies against the User.
7.2 In the event that Nebula elects not to enforce any right or provision contained or provided for in these Terms and Conditions, the User agrees that this election does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
7.3 In the event that Nebula is compelled to approach a competent Court, Tribunal or Forum, as the case may be and judgment/an order is made in favour of Nebula, Nebula shall be entitled to recover the legal costs it has incurred in obtaining such judgment/order on the attorney and client scale.
First adopted: 07/05/2025
Latest review: 07/05/2025
