Terms and Conditions

Effective Date: 25/06/2023

Please read these Terms and Conditions ("Terms") carefully before using Nikkle, our ERP system that includes Accounting, HRM, CRM, Project Management, and POS functionalities (referred to as "Nikkle"). These Terms govern your access to and use of Nikkle, and by using Nikkle, you agree to be bound by these Terms.

License and Nikkle Access

1.1 License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use Nikkle for your internal business purposes.

1.2 User Accounts: You may need to create a user account to access certain features of Nikkle. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Use of Nikkle

2.1 Acceptable Use: You agree to use Nikkle in compliance with applicable laws, regulations, and these Terms. You shall not engage in any activity that may disrupt or interfere with the functioning of Nikkle or compromise its security.

2.2 Prohibited Conduct: You shall not use Nikkle to upload, transmit, or distribute any content that is unlawful, infringing, harmful, defamatory, or otherwise objectionable. You shall not attempt to gain unauthorized access to Nikkle or any other user accounts.

2.3 Data Accuracy: You are responsible for the accuracy and completeness of the data entered or uploaded to Nikkle. We do not verify the accuracy of the data and shall not be liable for any errors or discrepancies in the data.

Intellectual Property

3.1 Ownership: Nikkle and all associated intellectual property rights are owned by us or our licensors. You acknowledge that these Terms do not grant you any ownership rights in Nikkle or its content.

3.2 Restrictions: Except as expressly permitted by these Terms, you shall not reproduce, modify, distribute, sell, lease, sublicense, or create derivative works based on Nikkle or its content without our prior written consent.

Third-Party Services and Content

4.1 Integration: Nikkle may integrate with or provide links to third-party services or content. Your use of such services or content is subject to the terms and conditions and privacy policies of the respective third parties. We do not endorse or assume any responsibility for third-party services or content.

Data Privacy and Security

5.1 Privacy Policy: Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information in Nikkle.

5.2 Security Measures: We implement reasonable security measures to protect the confidentiality, integrity, and availability of your data stored in Nikkle. However, you acknowledge that no system is entirely immune to security risks, and we cannot guarantee that unauthorized access, hacking, data loss, or other security breaches will never occur. You are responsible for maintaining the security and confidentiality of your login credentials and for promptly notifying us of any unauthorized access or suspicious activities.

Limitation of Liability

6.1 Disclaimer: Nikkle is provided on an "as-is" and "as available" basis without warranties of any kind, whether express or implied. We do not guarantee that Nikkle will be uninterrupted, error-free, or secure. Your use of Nikkle is at your own risk.

6.2 Limitation of Liability: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of Nikkle, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to your breach of these Terms or your use of Nikkle.

Termination

We may terminate or suspend your access to Nikkle, in whole or in part, at any time and for any reason without prior notice. Upon termination, your rights to use Nikkle shall cease, and you must immediately cease all use of Nikkle.

Modifications to the Terms

We reserve the right to modify or update these Terms at any time. We will notify you of any material changes through Nikkle or by other means. Your continued use of Nikkle after the modifications or updates to the Terms constitutes your acceptance of the revised Terms.

Governing Law and Jurisdiction

10.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Namibia, without regard to its conflict of laws principles.

10.2 Jurisdiction: Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Namibia. The parties agree to attempt to resolve any disputes amicably through good faith negotiations before initiating any legal proceedings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by law.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.

Waiver

The failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision herein.

Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us using the contact information provided on our website.

By using Nikkle, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.