Nudlebox Terms & Conditions
Last modified: 11 January 2022
Updated at 11-01-2022
General Terms
By accessing and placing an order with Nudlebox, you confirm that you are in
agreement with and bound by the terms of service contained in the Terms &
Conditions outlined below. These terms apply to the entire website and any
email or other type of communication between you and Nudlebox.
Under no circumstances shall Nudlebox team be liable for any direct, indirect,
special, incidental or consequential damages, including, but not limited to,
loss of data or profit, arising out of the use, or the inability to use, the
materials on this site, even if Nudlebox team or an authorized representative
has been advised of the possibility of such damages. If your use of materials
from this site results in the need for servicing, repair or correction of
equipment or data, you assume any costs thereof.
Nudlebox will not be responsible for any outcome that may occur during the
course of usage of our resources. We reserve the rights to change prices and
revise the resources usage policy in any moment.
License
Nudlebox grants you a revocable, non-exclusive, non-transferable, limited
license to download, install and use the website strictly in accordance with
the terms of this Agreement.
These Terms & Conditions are a contract between you and Nudlebox (referred
to in these Terms & Conditions as "Nudlebox", "us",
"we" or "our"), the provider of the Nudlebox website and
the services accessible from the Nudlebox website (which are collectively
referred to in these Terms & Conditions as the "Nudlebox
Service").
You are agreeing to be bound by these Terms & Conditions. If you do not
agree to these Terms & Conditions, please do not use the Nudlebox Service.
In these Terms & Conditions, "you" refers both to you as an individual
and to the entity you represent. If you violate any of these Terms &
Conditions, we reserve the right to cancel your account or block access to your
account without notice.
Meanings
For this Terms & Conditions:
-Cookie: small amount of data generated
by a website and saved by your web browser. It is used to identify your
browser, provide analytics, remember information about you such as your
language preference or login information.
-Company: when this policy mentions
“Company,” “we,” “us,” or “our,” it refers to Nudlebox (Pty) Ltd., (284 Oak
Avenue, Randburg, 2196, RSA) that is responsible for your information under
this Terms & Conditions.
-Country: where Nudlebox or the
owners/founders of Nudlebox are based, in this case is South Africa
-Device: any internet connected
device such as a phone, tablet, computer or any other device that can be used
to visit Nudlebox and use the services.
-Service: refers to the service
provided by Nudlebox as described in the relative terms (if available) and on
this platform.
-Third-party service: refers to
advertisers, contest sponsors, promotional and marketing partners, and others
who provide our content or whose products or services we think may interest
you.
-Website: Nudlebox."’s" site,
which can be accessed via this URL: www.nudelbox.co.za
-You: a person or entity that is
registered with Nudlebox to use the Services.
Restrictions
You agree not to, and you will not permit others to:
-License, sell, rent, lease, assign,
distribute, transmit, host, outsource, disclose or otherwise commercially
exploit the website or make the platform available to any third party.
-Modify, make derivative works of,
disassemble, decrypt, reverse compile or reverse engineer any part of the
website.
-Remove, alter or obscure any
proprietary notice (including any notice of copyright or trademark) of Nudlebox
or its affiliates, partners, suppliers or the licensors of the website.
Return and Refund Policy
Thanks for shopping at Nudlebox. We appreciate the fact that you like to buy
the stuff we build. We also want to make sure you have a rewarding experience
while you’re exploring, evaluating, and purchasing our products.
As with any shopping experience, there are terms and conditions that apply to
transactions at Nudlebox. We’ll be as brief as our attorneys will allow. The
main thing to remember is that by placing an order or making a purchase at
Nudlebox, you agree to the terms along with
Nudlebox."’s" Privacy Policy.
If, for any reason, You are not completely satisfied with any good or service
that we provide, don't hesitate to contact us and we will discuss any of the
issues you are going through with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively,
"Suggestions") provided by you to Nudlebox with respect to the
website shall remain the sole and exclusive property of Nudlebox.
Nudlebox shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any
compensation to you.
Your Consent
We've updated our Terms & Conditions to provide you with complete
transparency into what is being set when you visit our site and how it's being
used. By using our website, registering an account, or making a purchase, you
hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may
contain links to other websites not operated or controlled by Nudlebox. We are
not responsible for the content, accuracy or opinions expressed in such
websites, and such websites are not investigated, monitored or checked for
accuracy or completeness by us. Please remember that when you use a link to go
from the Services to another website, our Terms & Conditions are no longer
in effect. Your browsing and interaction on any other website, including those
that have a link on our platform, is subject to that website’s own rules and
policies. Such third parties may use their own cookies or other methods to
collect information about you.
Cookies
Nudlebox uses "Cookies" to identify the areas of our website that you
have visited. A Cookie is a small piece of data stored on your computer or
mobile device by your web browser. We use Cookies to enhance the performance
and functionality of our website but are non-essential to their use. However,
without these cookies, certain functionality like videos may become unavailable
or you would be required to enter your login details every time you visit the
website as we would not be able to remember that you had logged in previously.
Most web browsers can be set to disable the use of Cookies. However, if you
disable Cookies, you may not be able to access functionality on our website
correctly or at all. We never place Personally Identifiable Information in
Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that Nudlebox may stop (permanently or
temporarily) providing the Service (or any features within the Service) to you
or to users generally at Nudlebox’s sole discretion, without prior
notice to you. You may stop using the Service at any time. You do not need to
specifically inform Nudlebox when you stop using the Service. You
acknowledge and agree that if Nudlebox disables access to your
account, you may be prevented from accessing the Service, your account details
or any files or other materials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes
on this page, and/or update the Terms & Conditions modification date
below.
Modifications to Our website
Nudlebox reserves the right to modify, suspend or discontinue, temporarily or
permanently, the website or any service to which it connects, with or without
notice and without liability to you.
Updates to Our website
Nudlebox may from time to time provide enhancements or improvements to the
features/ functionality of the website, which may include patches, bug fixes,
updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the
website. You agree that Nudlebox has no obligation to (i) provide any Updates,
or (ii) continue to provide or enable any particular features and/or
functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral
part of the website, and (ii) subject to the terms and conditions of this
Agreement.
Third-Party Services
We may display, include or make available third-party content (including data,
information, applications and other products services) or provide links to
third-party websites or services ("Third- Party Services").
You acknowledge and agree that Nudlebox shall not be responsible for any
Third-Party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect
thereof. Nudlebox does not assume and shall not have any liability or
responsibility to you or any other person or entity for any Third-Party
Services.
Third-Party Services and links thereto are provided solely as a convenience to
you and you access and use them entirely at your own risk and subject to such
third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or
Nudlebox.
Nudlebox may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Nudlebox,
in the event that you fail to comply with any provision of this Agreement. You
may also terminate this Agreement by deleting the website and all copies
thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and
delete all copies of the website from your computer.
Termination of this Agreement will not limit any of Nudlebox's rights or
remedies at law or in equity in case of breach by you (during the term of this
Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on
our website constitutes an infringement on your copyright, please contact us
setting forth the following information: (a) a physical or electronic signature
of the copyright owner or a person authorized to act on his behalf; (b)
identification of the material that is claimed to be infringing; (c) your
contact information, including your address, telephone number, and an email;
(d) a statement by you that you have a good faith belief that use of the
material is not authorized by the copyright owners; and (e) the a statement
that the information in the notification is accurate, and, under penalty of
perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold Nudlebox and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any)
harmless from any claim or demand, including reasonable attorneys' fees, due to
or arising out of your: (a) use of the website; (b) violation of this Agreement
or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The website is provided to you "AS IS" and "AS AVAILABLE"
and with all faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, Nudlebox, on its own behalf and on
behalf of its affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the website, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, Nudlebox provides no warranty or undertaking, and makes no
representation of any kind that the website will meet your requirements, achieve
any intended results, be compatible or work with any other software, , systems
or services, operate without interruption, meet any performance or reliability
standards or be error free or that any errors or defects can or will be
corrected.
Without limiting the foregoing, neither Nudlebox nor any Nudlebox's provider
makes any representation or warranty of any kind, express or implied: (i) as to
the operation or availability of the website, or the information, content, and
materials or products included thereon; (ii) that the website will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the website; or (iv) that the
website, its servers, the content, or e-mails sent from or on behalf of
Nudlebox are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied
warranties or the limitations on the applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to
you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of
Nudlebox and any of its suppliers under any provision of this Agreement and
your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall Nudlebox
or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, for loss of data or other information, for business
interruption, for personal injury, for loss of privacy arising out of or in any
way related to the use of or inability to use the website, third-party software
and/or third-party hardware used with the website, or otherwise in connection
with any provision of this Agreement), even if Nudlebox or any supplier has
been advised of the possibility of such damages and even if the remedy fails of
its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices
published by Nudlebox on the Services, shall constitute the entire agreement
between you and Nudlebox concerning the Services. If any provision of this
Agreement is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and Nudlebox."’s" failure to
assert any right or provision under this Agreement shall not constitute a
waiver of such right or provision. YOU AND Nudlebox AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute waiver of any
subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either
party, any right or any power under this Agreement shall operate as a waiver of
that right or power. Nor shall any single or partial exercise of any right or
power under this Agreement preclude further exercise of that or any other right
granted herein. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall
govern.
Amendments to this Agreement
Nudlebox reserves the right, at its sole discretion, to modify or replace this
Agreement at any time. If a revision is material we will provide at least 30
days' notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use Nudlebox.
Entire Agreement
The Agreement constitutes the entire agreement between you and Nudlebox
regarding your use of the website and supersedes all prior and contemporaneous
written or oral agreements between you and Nudlebox.
You may be subject to additional terms and conditions that apply when you use
or purchase other Nudlebox's services,
which Nudlebox will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to
these Terms so that they accurately reflect our Service and policies. Unless
otherwise required by law, we will notify you (for example, through our
Service) before we make changes to these Terms and give you an opportunity to
review them before they go into effect. Then, if you continue to use the
Service, you will be bound by the updated Terms. If you do not want to agree to
these or any updated Terms, you can delete your account.
Intellectual Property
The website and its entire contents, features and functionality (including but
not limited to all information, software, text, displays, images, video and
audio, and the design, selection and arrangement thereof), are owned by
Nudlebox, its licensors or other providers of such material and are protected
by South Africa and international copyright, trademark, patent, trade secret
and other intellectual property or proprietary rights laws. The material may
not be copied, modified, reproduced, downloaded or distributed in any way, in
whole or in part, without the express prior written permission of Nudlebox,
unless and except as is expressly provided in these Terms & Conditions. Any
unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE
RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT
OR VALIDITY OF YOUR OR Nudlebox."’s" INTELLECTUAL PROPERTY RIGHTS.
The term “dispute” means any dispute, action, or other controversy between you
and Nudlebox concerning the Services or this agreement, whether in contract,
warranty, tort, statute, regulation, ordinance, or any other legal or equitable
basis. “Dispute” will be given the broadest possible meaning allowable under
law.
Notice of Dispute
In the event of a dispute, you or Nudlebox must give the other a Notice of
Dispute, which is a written statement that sets forth the name, address, and
contact information of the party giving it, the facts giving rise to the
dispute, and the relief requested. You must send any Notice of Dispute via
email to: info@nudlebox.co.za. Nudlebox will send any Notice of Dispute to
you by mail to your address if we have it, or otherwise to your email address.
You and Nudlebox will attempt to resolve any dispute through informal
negotiation within sixty (60) days from the date the Notice of Dispute is sent.
After sixty (60) days, you or Nudlebox may commence arbitration.
Binding Arbitration
If you and Nudlebox don’t resolve any dispute by informal negotiation, any
other effort to resolve the dispute will be conducted exclusively by binding
arbitration as described in this section. You are giving up the right to
litigate (or participate in as a party or class member) all disputes in court
before a judge or jury. The dispute shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association. Either party may seek any interim or preliminary injunctive relief
from any court of competent jurisdiction, as necessary to protect the party’s
rights or property pending the completion of arbitration. Any and all legal,
accounting, and other costs, fees, and expenses incurred by the prevailing
party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs,
photographs, information, advertisements, data or proposals, including ideas
for new or improved products, services, features, technologies or promotions,
you expressly agree that such submissions will automatically be treated as
non-confidential and non-proprietary and will become the sole property of
Nudlebox without any compensation or credit to you whatsoever. Nudlebox and its
affiliates shall have no obligations with respect to such submissions or posts and
may use the ideas contained in such submissions or posts for any purposes in
any medium in perpetuity, including, but not limited to, developing,
manufacturing, and marketing products and services using such ideas.
Promotions
Nudlebox may, from time to time, include contests, promotions, sweepstakes, or
other activities (“Promotions”) that require you to submit material or
information concerning yourself. Please note that all Promotions may be
governed by separate rules that may contain certain eligibility requirements,
such as restrictions as to age and geographic location. You are responsible to
read all Promotions rules to determine whether or not you are eligible to
participate. If you enter any Promotion, you agree to abide by and to comply
with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on
or through the Services, which terms and conditions are made a part of this
Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with
incorrect information due to typographical error, we shall have the right to
refuse or cancel any orders placed for the product and/or service listed at the
incorrect price. We shall have the right to refuse or cancel any such order
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
canceled, we shall immediately issue a credit to your credit card account or
other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or
portion of these Terms & Conditions to be unenforceable, the remainder of
these Terms & Conditions will continue in full force and effect. Any waiver
of any provision of these Terms & Conditions will be effective only if in
writing and signed by an authorized representative of Nudlebox. Nudlebox will
be entitled to injunctive or other equitable relief (without the obligations of
posting any bond or surety) in the event of any breach or anticipatory breach
by you. Nudlebox operates and controls the Nudlebox Service from its offices in
South Africa. The Service is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation. Accordingly, those persons who choose
to access the Nudlebox Service from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable. These Terms & Conditions (which
include and incorporate the Nudlebox Privacy Policy) contains the entire
understanding, and supersedes all prior understandings, between you and
Nudlebox concerning its subject matter, and cannot be changed or modified by
you. The section headings used in this Agreement are for convenience only and
will not be given any legal import.
Disclaimer
Nudlebox is not responsible for any content, code or any other
imprecision.
Nudlebox does not provide warranties or guarantees.
In no event shall Nudlebox be liable for any special, direct, indirect,
consequential, or incidental damages or any damages whatsoever, whether in an
action of contract, negligence or other tort, arising out of or in connection
with the use of the Service or the contents of the Service. Nudlebox reserves
the right to make additions, deletions, or modifications to the contents on the
Service at any time without prior notice.
The Nudlebox Service and its contents are provided "as is" and
"as available" without any warranty or representations of any kind,
whether express or implied. Nudlebox is a distributor and not a publisher of
the content supplied by third parties; as such, Nudlebox exercises no editorial
control over such content and makes no warranty or representation as to the
accuracy, reliability or currency of any information, content, service or
merchandise provided through or accessible via the Nudlebox Service. Without
limiting the foregoing, Nudlebox specifically disclaims all warranties and
representations in any content transmitted on or in connection with the
Nudlebox Service or on sites that may appear as links on the Nudlebox Service,
or in the products provided as a part of, or otherwise in connection with, the
Nudlebox Service, including without limitation any warranties of
merchantability, fitness for a particular purpose or non-infringement of third
party rights. No oral advice or written information given by Nudlebox or any of
its affiliates, employees, officers, directors, agents, or the like will create
a warranty. Price and availability information is subject to change without
notice. Without limiting the foregoing, Nudlebox does not warrant that the Nudlebox
Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don't hesitate to contact us if you have any questions.
-Via Email: info@nudlebox.co.za