EFFECTIVE DATE: 11 June 2025 LAST
UPDATED: 11 June 2025
1.
Introduction
1.1.
Welcome to Nesty SA, a
parenting support platform for users in South Africa and beyond. This mobile
application (App) allows users to join groups, share posts, give
advice and connect with others. These terms and conditions (Terms and
Conditions) govern your use of our App and the services related thereto. The
App is owned and operated by Nesty Proprietary
Limited (Nesty, we, us and
our).
1.2.
These Terms and Conditions are binding and enforceable
against every person that accesses or uses the App (you, your
or user), including without limitation each user who uses the app or registers
as contemplated below (registered user). By using the App and
by agreeing to register you acknowledge that you have read and agree to be
bound by these Terms and Conditions.
2.
Important Notice
2.1.
These Terms and Conditions contain provisions that
appear in similar text and style to this clause and which –
2.1.1.
may limit the risk or liability of Nesty
or a third party; and/or
2.1.2.
may create risk or liability for the user; and/or
2.1.3.
may compel the user to indemnify Nesty
or a third party; and/or
2.1.4.
serves as an acknowledgement, by the user, of a fact.
2.2.
Your attention is drawn to these Terms and Conditions
because they are important and should be carefully noted.
2.3.
If there is any provision in these Terms and
Conditions that you do not understand, it is your responsibility to ask Nesty to explain it to you before you accept the Terms and
Conditions or continue using the App.
2.4.
Nesty permits the
use of the App subject to the Terms and Conditions. By using this App in any
way, you shall be deemed to have accepted all the Terms and Conditions
unconditionally. You must not use this App if you do not agree to the Terms and
Conditions.
3.
Registration and use of the App
3.1.
Only registered users may use the App and any of its
related services.
3.2.
To register as a user, you must provide a unique
username and password and provide certain information and personal details to Nesty. You will need to use your unique username and
password to access the App.
3.3.
You agree and warrant that your username and password
shall:
3.3.1.
be used for personal use only; and
3.3.2.
not be disclosed by you to any third party.
3.4.
For security purposes you agree to enter the correct
username and password whenever using the App, failing which you will be denied
access.
3.5.
You agree to notify Us immediately upon becoming aware
of or reasonably suspecting any unauthorised access to or use of your username
and password and to take steps to mitigate any resultant loss or harm.
3.6.
By using the App you warrant and agree:
3.6.1.
that you are 18 (eighteen) years of age or older and
of full legal capacity;
3.6.2.
that the content shared on the App is for informational
purposes only and should not be considered professional or medical advice. We
do not (nor are we obligated to) verify or endorse the accuracy of any user
content, including parenting tips, medical suggestions, or personal
experiences. You warrant and agree further that you will always consult a
qualified healthcare provider before acting on advice shared in the App;
3.6.3.
to hereby grant Nesty a
non-exclusive, royalty-free license to use, display and distribute any content
generated by you and disseminated on the App;
3.6.4.
that We reserve the right (which will be exercised at
our discretion) to review, remove or moderate any content that violates any of
our policies or is reported by users;
3.6.5.
We may suspend or terminate your account if you:
3.6.5.1.
post abusive, harmful, or misleading content;
3.6.5.2.
impersonate others or misuse the platform; or
3.6.5.3.
violate these Terms and conditions or our community
guidelines.
3.7.
You may not use the App to distribute material which
is defamatory, offensive, contains or amounts to hate speech or is otherwise
unlawful and/or in violation of these Terms and Conditions.
3.8.
Nesty may award
badges based on user engagement and activity. These are symbolic and do not
reflect expertise, status, or professional qualifications. We reserve the right
to update or revoke badges at any time.
4.
Disclaimer of Views
4.1.
The views and opinions expressed by App users do not
reflect those of Nesty or its team. Nesty is not responsible for any advice, comments, or group
discussions shared by users.
5.
Privacy policy
5.1.
We respect your privacy and will take all reasonable
measures to protect it, as more fully detailed in our Privacy
Policy, which is incorporated into these Terms and
Conditions by reference.
6.
Child safety and Protection Against Sexual Exploitation
We are committed to ensuring the safety of children and vulnerable
individuals on our platform. We enforce a zero-tolerance policy against child
sexual abuse, exploitation, and any form of grooming or predatory behaviour.
1. Prohibited
Conduct:
6.1.
We strictly prohibit:
6.1.1.
the creation, possession, sharing, or distribution of
child sexual abuse material (CSAM);
6.1.2.
any attempt to exploit, groom, or harm minors in any
way, including through chats, media sharing, or profile content;
6.1.3.
solicitation of sexual content or relationships
involving minors; and
6.1.4.
any activity that may be interpreted as facilitating
or normalizing child sexual exploitation or endangerment.
6.2.
Any user found engaging in such conduct will be
permanently banned, reported to the appropriate authorities, and subject to
legal action.
2. Reporting
Abuse
6.3.
Users can report any suspicious, abusive, or
exploitative content or behavior directly within the
app using the Report feature located on user profiles and content posts.
Reports are reviewed promptly by our moderation team, typically within 24
hours.
6.4.
You may also email our safety team directly at: [admin@nestyapp.co.za[zc1] ]
3. Response to
CSAM
6.5.
In accordance with applicable laws, if any instance of
child sexual abuse material is identified:
6.5.1.
the content will be immediately removed;
6.5.2.
the account associated with the content will be
suspended; and
6.5.3.
We will report the incident to the relevant law
enforcement authority or child protection agency and shall take such further
legal steps as We deem reasonably necessary to protect our App users.
6.6.
We comply with legal data retention and
evidence-preservation obligations to assist with investigations.
4. Legal
Compliance
6.7.
Nesty Proprietary
Limited complies with all applicable laws and regulations concerning child
protection and online safety, including:
6.7.1.
the Constitution of the Republic of South Africa;
6.7.2.
the Childrens Act 38 of 2005;
6.7.3.
the Films and Publications Act 65 of 1996 (as amended);
and
6.7.4.
Googles child safety rules, standards and
regulations.
6.8.
We regularly review our policies and train our moderation
team to ensure robust enforcement of our child safety standards.
5. Designated Child Safety Contact[zc2]
6.9.
For inquiries, escalations, or urgent concerns
relating to child safety, please contact:
6.9.1.
Name: Bianca Bromfield
Role: Managing Director
Email: admin@nestyapp.co.za
Phone: +27 82 693 9020
6.10. This
individual is authorized to respond to and act on all matters relating to child
protection on the platform.
7.
Changes to these Terms and Conditions
7.1.
Nesty may, in its
sole discretion, change any of these Terms and Conditions at any time. It is
your responsibility to regularly check these Terms and Conditions and make sure
that you are satisfied with the changes. You should immediately discontinue use
of the App if you are not satisfied with the changes.
7.2.
If you continue to use the App after such amended
Terms and Conditions have been displayed on the App, you will be deemed to have
accepted such changes.
8.
Electronic communications
8.1.
When you visit the App or send emails to us, you
consent to receiving communications from us or any of our divisions, affiliates
or partners electronically in accordance with our privacy policy.
9.
Ownership and copyright[zc3]
9.1.
The contents of the App, including any material,
information, data, software, icons, text, graphics, lay-outs, images, sound
clips, advertisements, video clips, trade names, logos, trade-marks, designs
and service marks which are displayed on or incorporated in the App (App
Content) are protected by law, including but not limited to copyright and
trade mark law. The App Content is the property of Nesty,
its advertisers and/or sponsors and/or is licensed to Nesty.
9.2.
You will not acquire any right, title or interest in
or to the App or the App Content.
9.3.
Any use, distribution or reproduction of the App
Content is prohibited unless expressly authorised in terms of these Terms and
Conditions or otherwise provided for in law. You may contact us to obtain permissions for
the use of any App Content.
9.4.
Where any of the App Content has been licensed to Nesty or belongs to any third party, your rights of use
will also be subject to any terms and conditions which that licensor or third
party imposes from time to time and you agree to comply with such third party
terms and conditions.
9.5.
The user shall be the owner of all user-generated
content on the App, subject to the license contemplated in clause 3 of
these Terms and Conditions.
10.
Disclaimer
10.1. The use of the
App is entirely at your own risk and you assume full responsibility for any
risk or loss resulting from use of the App or reliance on any information on
the App.
10.2.
Whilst Nesty takes
reasonable measures to ensure that the content of the App is accurate and
complete, Nesty makes no representations or
warranties, whether express or implied, as to the quality, timeliness,
operation, integrity, availability or functionality of the App or as to the
accuracy, completeness or reliability of any information on the App. If any
such representations or warranties are made by Nestys
representatives, Nesty shall not be bound thereby.
10.3.
Nesty disclaims
liability to the fullest extent allowed in law for any damage, loss or
expenses, whether direct, indirect or consequential in nature, arising out of,
or in connection with, your access to or use of the App and/or any content
therein unless otherwise provided by law.
10.4. In addition to
the disclaimers contained elsewhere in these Terms and Conditions, Nesty also makes no warranty or representation, whether
express or implied, that the information or files available on the App are free
of viruses, spyware, malware, trojans, destructive materials or any other data
or code which is able to corrupt, destroy, compromise, disrupt, disable, harm,
jeopardise or otherwise impede in any manner the operation, stability, security
functionality or content of your mobile device, computer system, computer
network, hardware or software in any way. You accept all risk associated with
the existence of such viruses, destructive materials or any other data or code
which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or
otherwise impede in any manner the operation of your computer system, computer
network, any handset or mobile device, or your hardware or software. Nesty thus disclaims all liability for any damage, loss or
liability of any nature whatsoever arising out of or in in connection with your
access to or use of the App.
11.
Linking to third party sites
11.1. The App may
contain links or references to other apps or websites (Third Party Sites)
which are outside of our control, including those of advertisers. These Terms
and Conditions do not apply to those Third Party Sites and Nesty
is not responsible for the practices and/or privacy policies of those Third
Party Sites or the cookies that those sites may use.
11.2. Notwithstanding
the fact that the App may refer to or provide links to Third Party Sites, your
use of such Third Party Sites is entirely at your own risk and we are not
responsible for any loss, expense, claim or damage, whether direct, indirect or
consequential, arising from your use of such Third Party Sites or your reliance
on any information contained thereon.
12.
Limitation of liability
12.1.
YOU HEREBY AGREE THAT NESTY SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES
WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT
CONTAINED ON THE APP AND/OR ANY LINKED THIRD PARTY WEBSITE.
12.2.
YOU HEREBY INDEMNIFY NESTY AGAINST ANY LOSS, CLAIM OR
DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY
FROM YOUR USE OF THIS APP AND/OR ANY LINKED THIRD PARTY WEBSITE.
13.
Availability and termination
13.1. We will use
reasonable endeavours to maintain the availability of the App, except during
scheduled maintenance periods, and are entitled to discontinue providing the Aoo or any part thereof with or without notice to you.
13.2. Nesty may in its sole discretion terminate, suspend and
modify the App, with or without notice to you. You agree that Nesty will not be liable to you in any way in the event
that it chooses to suspend, modify or terminate use of the App in any manner.
13.3. Nesty is entitled, for purposes of preventing suspected
fraud and/or where it suspects that you are abusing the App, to blacklist you
on its database (including suspending or terminating your access to the App).
You agree that Nesty accepts no responsibility for
any liability which may arise as a result of such blacklisting.
14.
Governing law and jurisdiction
14.1. These Terms
and Conditions and our relationship and/or any dispute arising from or in
connection with these Terms and Conditions shall be governed and interpreted in
accordance with the laws of the Republic of South Africa. Your continued use of
the App will constitute your consent and submission to the jurisdiction of the
South African courts regarding all proceedings instituted by either party
against the other, arising from any of these Terms and Conditions.
15.
Notices
15.1. Nesty hereby selects the address contemplated in the Company
Information clause below as its address for the service of all formal
notices and legal processes in connection with these Terms and Conditions (legal
address). Nesty may change this address from
time to time by updating these Terms and Conditions.
15.2. Notices must
be sent either by hand, courier or email and must be in English. All notices
sent by hand or
courier will be deemed to have been received on the date of delivery; and
15.2.1.
by email will be deemed to have been on the date indicated in the Read
Receipt notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST
MAKE USE OF THE READ RECEIPT FUNCTION to serve as proof that an
email has been received.
16.
Company Information
16.1. Nestys company information is as follows:
16.1.1.
Full name: Nesty Proprietary Limited, a
private company registered in South Africa with registration number 2023/206250/07.
16.1.2.
Physical address for receipt of legal service (also
postal and street address): 05 Lothian Road, Rondebosch, Cape Town, South Africa,
7700.
16.1.3.
Email address: please use the email indicated in
our App.
17.
General
17.1. Nesty may, in its sole discretion, at any time and for any
reason and without prior written notice, suspend or terminate the operation of
the App or the users right to use the App or any of its content.
17.2. You may not
cede, assign or otherwise transfer your rights and obligations in terms of
these Terms and Conditions to any third party.
17.3. Any failure on
the part of you or Nesty to enforce any right in
terms hereof shall not constitute a waiver of that right.
17.4. If any term or
condition contained herein is declared invalid, the remaining terms and
conditions will remain in full force and effect.
17.5. No variation,
addition, deletion, or agreed cancellation of the Terms and Conditions will be
of any force or effect unless in writing and accepted by or on behalf of the
parties hereto.
17.6. No indulgence,
extension of time, relaxation or latitude which any party (the grantor)
may show grant or allow to the other (the grantee) shall constitute a
waiver by the grantor of any of the grantors rights and the grantor shall not
thereby be prejudiced or stopped from exercising any of its rights against the
grantee which may have arisen in the past or which might arise in the future.
17.7. These Terms
and Conditions contain the whole agreement between you and OISA and no other
warranty or undertaking is valid, unless contained in this document between the
parties.
