Privacy Policy

1.1   Nexion SA Pty Ltd. is a privacy-conscious organization. Our mission is to provide secure and reliable online cash flow management solutions . We are strongly committed to protecting your privacy and to preserving the confidentiality of your business data.

1.2   We post our Privacy and Confidentiality Policy to inform you, as a visitor to our marketing web site or as a user of Nexion, what kinds of information we may gather about you or your organization, how we may use that information, whether we disclose it to anyone, the choices you have regarding our use of information, and your ability to correct that information.

1.3   Please note that this Privacy and Confidentiality Policy applies only to our web sites, and not to other companies' or organizations' web sites to which we link. Although the companies with which we have partnered for sales and customer service and other value-added services have agreed by contract to honor the terms of our Privacy and Confidentiality Policy, we cannot ensure their compliance with this representation.

Visitors to Our Marketing Web Site

2.1   When you visit our marketing web site, www.nexion.co.za, we do not collect personally identifiable information about you except when you specifically and knowingly provide it. For instance if you request information from us, you will be asked to provide basic contact information, including your name, company, title, country and e-mail address. Any additional information is provided on a purely voluntary basis.

2.2   We do not sell, trade, or rent to any third party any personally identifiable information. We will use the information you provide to respond to your requests for additional information and for inclusion in future mailing initiatives. If you would like to opt-out of receiving future mailings, simply follow the unsubscribe directions at the bottom of the mailing, or send us an e-mail with your name referencing "Remove" in the subject line to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

2.3   Our marketing web site does not use "cookies," small text files placed on your browser. Our system does, however,log some basic and generic information about your computer, including its:

• §    IP address (your computer's unique signature)
• §    Operating system (i.e., Windows NT)
• §    Browser software (i.e., Netscape Navigator)

2.4   We use this information about your computer to perform routine web site maintenance and to generate aggregate web site traffic reports so we can develop and enhance our web site.

Nexion Clients

3.1   If your organization chooses to apply for membership to Nexion, you will be asked to provide detailed personal and business information. This information will be shared with the payment protection provider and payment provider to enable your organization to qualify for credit risk and payment services.

3.2   Once your organization becomes a member of Nexion, your personally identifiable information, confidential business data, and transaction details will be shared with other members, Nexion service providers, and Nexion corporate alliances participating in your transaction. Nexion service providers and corporate alliances include, but are not limited to, payment providers, payment protection providers, sales support, and marketing agents. We will not disclose your personally identifiable information, confidential business data, or transaction details to parties other than the ones referenced above without your consent, except as required by law through subpoena, search warrant or other legal process or as necessary to protect the rights, property, or safety of Nexion, our members, or others.

3.3  Your password is your private entry keys into your Nexion account. You should never share your password with anyone. If you are using your PC and need to walk away from it for any reason, log off from your Nexion session. Select passwords that are difficult to guess and change them frequently. Do not store passwords on your PC or leave written notes with your password near your PC.

3.4   When you log onto the Nexion system uses "session cookies," small text files placed temporarily on your browser, to maintain user session records. These cookies are destroyed as soon as you log out and close your browser and cannot be used to track other information about you or your computer. They are required; you cannot use the Nexion web-transaction system unless you accept these session cookies.

3.5   We will use the information you provide to contact you, if necessary, to service your account or for other administrative purposes. We may also access your information to resolve disputes, to troubleshoot problems, to enforce our Membership Agreement, or for marketing purposes

3.6   We are committed to providing reasonable and practical access to you to identify and to correct any inaccuracies in the information you may provide. Nexion clients can contact Nexion Client Services to maintain up to date account information.

GENERAL TERMS AND CONDITIONS

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE PAYMENT SOLUTION SOFTWARE SYSTEM OWNED BY NEXION (“THE PRODUCT”) ON ANY COMPUTING DEVICE, SERVER OR STAND-ALONE WORKSTATION OR BY SIGNING THIS AGREEMENT, THE INDIVIDUAL WHO SIGNS THIS AGREEMENT OR ENTITY ON WHOSE BEHALF AND IN WHOSE NAME THIS AGREEMENT IS SIGNED AND WHOSE DETAILS ARE SET OUT IN THE LICENSEE PARTICULARS SCHEDULE ATTACHED HERETO as the Nexion Application form, (“The Licensee”), IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT.
IF THE LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE LICENSEE MAY NOT INSTALL OR USE THEPRODUCT.

LICENSE AGREEMENT.

In this agreement “Nexion” or “Licensor” shall mean Nexion SA (Pty) Limited, (Registration Number 2001/010402/07). If Licensee acquired the Product (i) as a bundled component of a third party product or service, then such third party shall be Licensor; or (ii) if any third party software is included with the Product without any license agreement in any form (no license in the installer, as an electronic file or in the box in printed form), then the use of such third party software shall be governed by this agreement, and the term "Licensor," with respect to such third party software, shall mean the copyright holder of that software and not Nexion. If a third party license agreement is provided, then the use of the third party software product shall be governed by such third party license agreement and not by this agreement.

LICENSE GRANT.

Subject to payment of the fees and charges set out in 5 below, Licensor grants Licensee a revocable, non-exclusive and non-transferable license to use the Product in the ordinary course of its business within South Africa and only for the number of users specified in Annexure “A”. This single user license allows use of the Product for one effective medical practitioner user only or a single group of medical practitioners registered and operating under a single and valid medical practitioners registration number.  If the Licensee wished to add additional users to the Product, the Licensee shall send a written change request to Nexion.  Additional users may be subject to payment of additional or increased fees.

MISUSE AND ABUSE OF THE SOFTWARE.

Licensee understands and agrees that Licensee shall not use the Product for other than lawful purposes. Licensee warrants and undertakes to and in favour of the Licensor that Licensee have obtained, from all Licensee’s patients in respect of whom Licensor will be asked to process debit and/or credit orders on Licensee’s behalf, duly signed, accurately completed and valid debit and/or order authorizations.   The Licensee will keep the validity signed debit and/or credit order authorizations of patients on record and provide copies thereof to Nexion on its request.   The Licensee hereby indemnifies and agrees to hold the Licensor harmless from and against any claim instituted against or damages and/or losses suffered by the Licensor as a result of or relating to unsigned, incomplete and/or invalid debit and/or credit order authorizations of patients of the Licensee and/or failure by the Licensee to produce or provide copies of the accurately and duly completed, signed and valid debit and/or credit order authorizations of its patients when requested to do so.

RESTRICTIONS.

Except as otherwise expressly permitted in this agreement, Licensee may not: (i) modify or create derivative works of the Product or documentation, or any part thereof whatsoever, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or make available to third parties any of its rights to and/or use of the Product (or any part thereof); (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on the Product to a third party without Nexion’s written consent.

FEES AND PROCESSING COSTS.

The Licensee shall pay all of the fees set out in the Fees Schedule attached hereto, and is exclusive of VAT and do not include any costs related to any additional training, support, enhancements to the Product and/or other consulting services rendered to the Licensee.  Nexion may annually increase the fees payable by the Licensee and will give written notice of any increase in the fees to the Licensee.   In addition, the Licensee shall reimburse Nexion for all reasonable expenses incurred by Nexion and/or its representatives and/or agents in respect of any services rendered to the Licensee, including traveling, accommodation, subsistence and other costs incurred in provision of the services. The Licensee is purchasing a license for the use of the Product directly from Nexion and all fees are exclusive of taxes, withholding duties or levies (collectively herein “Levies”), however designated or computed and Licensee shall be responsible for paying all such Levies except for taxes based on Nexion’s and Licensor’s net income. Licensee undertakes to pay all bank and other processing costs relating to any service that Licensee may obtain through the application and use of the Product.  All payments to Nexion shall be made without any deduction or set-off and payments may not be withheld for any reason whatsoever.  Any unpaid fees will bear interest at prime rate charged by Nexion’s bankers at the time on overdraft facilities compounded monthly in arrears

DURATION.

This agreement shall commence on the date on which it is signed by the Licensee (“Commencement Date”) and shall endure for a period of one year, where after it shall automatically endure subject to the right of either party to terminate this agreement by giving written notice to such effect to the other party 30 days before any anniversary of the Commencement Date.  The Licensor may forthwith terminate this agreement if the Licensee breaches any provision of this agreement and fails to remedy same within 3 days of receipt of written notice to such effect from the Licensor. Upon termination of this agreement for any reason whatsoever the Licensee shall destroy or return (as instructed by Nexion) all copies of the Product and all documentation relating thereto.

PROPRIETARY RIGHTS.

Title, ownership rights, and intellectual property rights in the Product shall remain in Nexion. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Nexion’s ownership of or rights with respect to the Product or related software system or systems.
The Product is protected by copyright and other intellectual property laws and by international treaties. “Nexion” and “Nexion MedMAX” are trademarks of Nexion.
Title and related rights in the content accessed through the Product is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives Licensee no rights to such content.

DISCLAIMER OF WARRANTIES.

Licensee understand and expressly agree that use of the
Product is at Licensee’s sole risk. The Product is provided on an 'As is' and 'As available' basis.

NEXION, IT’S REPRESENTATIVES AND/OR AGENTS EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGE-MENT. NEXION AND ITS REPRESENTATIVES AND/OR AGENTS MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NEXION AND ITS REPRESENTATIVES AND/OR AGENTS DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICE OBTAINED OR PROVIDED THROUGH THE PRODUCT. NEXION AND ITS REPRESENTATIVES AND/OR AGENTS DO NOT WARRANT THAT THE PRODUCT WILL MEET LICENSEE'S REQUIREMENTS OR WILL OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY LICENSEE OR THAT THE OPERATION OF THE PRODUCT WILL BE SECURE, ERROR-FREE OR UNINTERRUPTED AND NEXION HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXION OR ITS REPRESENTATIVES AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

PENALTY. 

If the Licensee is in arrears in any payment due to Nexion in terms of this agreement, Nexion may (without prejudice to any other right or remedy that it may have) suspend the Licensee’s use of the Product or the services of such portion thereof as Nexion in its sole discretion chooses until all outstanding amounts have been paid in full.

MISCELLANEOUS.

(a) This agreement constitutes the entire agreement between the parties concerning the subject matter hereof.

(b) This agreement may be amended only by a writing signed by both Licensor and Licensee.

(c) Except to the extent applicable law, if any, provides otherwise, this agreement shall be governed by the laws of the Republic of South Africa. 

(d) If any provision in this agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this agreement if no such modification is possible, and other provisions of this agreement shall remain in full force and effect.

(e) The controlling language of this agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only.

(f) A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

(g) The provisions of this agreement which require or contemplate performance after the expiration or termination of this agreement shall be enforceable notwithstanding said expiration or termination.

(h) Licensee may not assign or otherwise transfer by operation of law or otherwise this agreement or any of its rights or obligations herein.

(i) This agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

(j) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

(k) The relationship between Nexion and Licensor on the one hand and Licensee on the other is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Nexion and/or Licensor in any way.

(l) Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Product, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to use the Product and make this agreement enforceable on it.

(m) The headings to the sections of this agreement are used for convenience only and shall have no substantive meaning.

(n) Licensor may use Licensee’s name in any customer reference list or in any press release issued by Licensor regarding the licensing of the Product and/or provide Licensee’s name and the names of the Product licensed by Licensee to third parties.