Terms + Conditions

By using, accessing, or purchasing from this website ("Site"), which is owned and operated by NerdNab, (Pty) Ltd (herein referred to as "NerdNab" or "NerdNab™"), you acknowledge that you have read, understood, and agree to the following Terms of Service ("Terms" or "Agreement"). If, at any time, you do not agree to these Terms, please do not use this Site. NerdNab™ reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, specifically including as a result of a violation of these Terms, without notice.

NerdNab™ reserves the right to change these Terms of use at any time without notice.

By accessing or using any part of the Site, you accept these Terms, without limitation or qualification. You may not use any portion of the Site if you do not agree with all of the Terms. Price information found on this site is subject to change without notice.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site for the purposes of utilizing NerdNab’s services as Member. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

Use of the Website

We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.

We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and NerdNab™ has no obligation to investigate the authorization or source of any such access or use of the Site.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify NerdNab™ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

You may receive emails regarding your account or promotions for special offers, including third party offers.

Registration and Membership

Monthly crates for NerdNab™ and other subscription crates offered from time to time are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge by contacting contact@nerdnab.ninja.

Billing and Payments

As a Member, you agree to the following benefits and Terms:

You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement. Any account changes made after the 5th of each month should not be expected to reflect on the subscription until the following shipping period.

YOUR SUBSCRIPTION CONTRACT

By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time, you must do one of the following at least 48 hours prior to your next scheduled renewal date to avoid charge: update your user account at nerdnab.com, email support at contact@nerdnab.ninja, or mail us at Nerdnab™, 20 Terrace Gardens, 39 Terrace Road, Edenvale, 1609All subscriptions that are started between the 6th and the 19th of any given month will automatically have their renewal date moved to the 5th of the following subscription period. If you cancel, you may use your subscription until the end of your then-current subscription term. Nerdnab™ may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 48-hour notice requirement.

If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time. Returns with the request of a refund will be refunded the paid for subscription cost minus the shipping and is at the discretion of customer support. Membership is void where prohibited by law. If an annual subscription is not fulfilled to the full 12 month term, R350 will be held as payment for the Nerdnab™ t-shirt provided as a contingency of the 12 shipment commitment.

Product Information; Limitation on Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.

Copyright

The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of NerdNab™ and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to NerdNab™. Copyright 2015 NerdNab. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.

Trademarks

All trademarks, service marks, and trade names of NerdNab™ on the Site are trademarks or registered trademarks of NerdNab™, or of their respective owners.

User Generated Content

By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant NerdNab™ a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of NerdNab™. You acknowledge and agree that you are solely responsible for all the user data that you make available through NerdNab™. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant NerdNab™ the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or NerdNab™ use of your uploaded data (or any portion thereof) on, through or by the means of NerdNab™ will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

Warranty Disclaimer

Except as otherwise specifically provided, the site and the products offered on the site are provided on as "as is" and "as available" basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NerdNab™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NerdNab™ does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. NerdNab™ does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability

Neither NerdNab™ nor any of its designated spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if NerdNab™ has been advised of the possibility of such damages. In no event will NerdNab's™ liability to you exceed the amounts that you paid to NerdNab™ in connection with your NerdNab™ membership.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, NerdNab™ shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. NerdNab™ shall have the right to refuse or cancel any such orders 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, NerdNab™ shall immediately issue a credit to your credit card account in the amount of the charge.

NerdNab™ has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer.

These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by NerdNab™ without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.

DISPUTE RESOLUTION

Either you or Nerdnab™ (the "company") may, without the other's consent, elect mandatory, binding arbitration for any claim, dispute, proceeding, or controversy between you and the company no matter what the remedy sought (damages, injunction, fines, penalties, or otherwise) ("claims"). "Claims" include disputes over the application, enforceability, or interpretation of this arbitration provision. Alternatively, for the purpose of any action arising herefrom, by use of the website, the Member hereby grants consent to the jurisdiction of the Magistrate's Court notwithstanding the fact that such proceedings may otherwise be beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to the provisions of the Magistrate's Court Act of 1944, or any amendment or re-enactment thereof, provided that the creditor shall be entitled at his entire discretion to institute proceedings in any other court which may otherwise have jurisdiction in respect of such action Claims must be brought in your and the company's names only and not on any class action, representative, or private attorney general basis. No arbitrator or court will be able to consolidate multiple parties claims or award relief for or against anyone who is not a party to the action. You agree to use your best efforts not to allow any other person to bring any claim or seek any recovery in your name. Claims will be governed by the Law of the Republic of South Africa, except that all claims must be brought within one (1) year after the claim arose or be forever barred.

If you believe you have a claim you must notify the company (within one year of the claim accruing) at contact@nerdnab.ninja. The company may then offer to settle your claim. If the claim is not resolved within thirty (30) days of your notification you may then invoke arbitration by filing a notice of dispute at the Arbitration Foundation of South Africa. All arbitrations will be dealt with in terms of the rules of AFSA, as can be located in the following website http://www.arbitration.co.za/module_data/a94a5d17-f642-4a68-b5d8-65df131dc197/downloads/c.pdf In the event of arbitration the company will reimburse all administrative, filing, and arbitrator costs for non-frivolous claims (however, if the arbitrator determines the arbitration is frivolous, the arbitrator may require the claimant to pay all such costs). If you receive an award less than or equal to the company's last settlement offer the arbitrator may consider that fact in determining whether the arbitration was frivolous.

You may opt out of this arbitration provision by sending written notice to contact@nerdnab.ninja, Attention: Arieh Leib Esra, within 60 days of your purchase. By not opting out you are waiving the right to claim resolution by court, and you are also agreeing not participate in any class, representative, or private attorney general action. Any portion of this arbitration agreement that is held legally unenforceable is severable and the remainder will be enforced.

Taxes

Your total price will include the price of the product plus any applicable sales tax; being Valued Added Tax (VAT) calculated at 14%.

International Use

We control and operate the Site from the Republic of South Africa. We make no representation that materials on the Site are appropriate or available for use outside the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in Republic of South African Rand. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.

Notice

NerdNab™ may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.

Use of Site

Use of the Site for any illegal or unauthorized purpose is strictly prohibited.

Indemnification

You agree to indemnify, defend, and hold harmless NerdNab™, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Returns

We have a no returns or refund policy due to the nature of the product. You are agreeing to a ‘surprise’ package. If there are items that were broken and/or damaged during transport we will try to replace them with a similar item.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy.

You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Links: In an attempt to provide increased value to our visitors, NerdNab™ may link to sites operated by third parties. However, NerdNab™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NerdNab™. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NerdNab™ seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

These Terms constitute the entire agreement between you and NerdNab™ with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. NerdNab™ may assign its rights and duties under this Agreement to any party at any time without notice to you.

COMPETITION RULES

NerdnabTM or a Sponsor (hereafter “Sponsor”) may from time to time hold a competition for a Grand Prize to be awarded to one (1) winner. Competition open to permanent, legal residents of South Africa who are eighteen (18) years of age or older at the time of entry. Officers, directors, agents and employees of Sponsor, subsidiaries, affiliates and advertising and promotion agencies, and any other entity involved in the development or administration of this Competition, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Competition. The law of the Republic of South Africa and associated regulations apply. Void where prohibited. Competition begins on the designated start date at 12:01 a.m. CAT, and ends at 11:59 p.m. CAT on the designated end date. The contest continues every month (the "Competition Period").

HOW TO ENTER. Entry as a NerdNab™ Subscriber:

To enter the Competition as a NerdNab™ subscriber, no action is necessary as long as the account is currently paid and active. If there is a dispute as to the identity of an entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

WINNER SELECTION AND NOTIFICATION.

Beginning on or about the end of the Competition period, one (1) winner will be randomly generated and chosen by Sponsor from among all eligible entries. Sponsor will make at least two (2) attempts to notify each potential winner via email address submitted at the time of entry. Each potential winner may be required to execute and return an affidavit of eligibility, release of liability, and a publicity release (collectively, "Competition Documents") within thirty (30) days of accepting the prize. Noncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries. If a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received. Odds of winning depend upon the total number of eligible entries received. Once all required Competition Documents have been correctly completed and received from a potential winner, per these Official Rules, the potential winner shall be an official "Prize Winner" of the Contest. Prizes are not transferable, assignable, or redeemable for cash. No substitution for a prize (or parts thereof) by a Prize Winner will be allowed. If necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of the Sponsor.

PRIZES:

One (1) Grand Prize will be awarded. Grand Prize winner will be determined by the Directors of NerdNab (Pty) Ltd but will always consisy of prize pack comprised of collectibles, apparel, limited edition items and other gear as selected by the Sponsor and published online and via newsletter every month.

All entries become the property of Sponsor and will not be acknowledged or returned. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. By entering the Competition, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Competition, and each of their respective directors, officers, employees and assigns (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Competition and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Competition and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize; (c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter and/or www.NerdNab.Ninja, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Competition itself, and to be bound by all decisions of Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Competition.

ADDITIONAL TERMS.

Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Competition or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Competition. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Competition or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.NerdNab.Ninja. Sponsor may prohibit any entrant or potential entrant from participating in the Competition, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).

DISPUTES

Either you or Nerdnab™ (the "company") may, without the other's consent, elect mandatory, binding arbitration for any claim, dispute, proceeding, or controversy between you and the company no matter what the remedy sought (damages, injunction, fines, penalties, or otherwise) ("claims"). "Claims" include disputes over the application, enforceability, or interpretation of this arbitration provision. Alternatively, for the purpose of any action arising herefrom, by use of the website, the Member hereby grants consent to the jurisdiction of the Magistrate's Court notwithstanding the fact that such proceedings may otherwise be beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to the provisions of the Magistrate's Court Act of 1944, or any amendment or re-enactment thereof, provided that the creditor shall be entitled at his entire discretion to institute proceedings in any other court which may otherwise have jurisdiction in respect of such action Claims must be brought in your and the company's names only and not on any class action, representative, or private attorney general basis. No arbitrator or court will be able to consolidate multiple parties claims or award relief for or against anyone who is not a party to the action. You agree to use your best efforts not to allow any other person to bring any claim or seek any recovery in your name. Claims will be governed by the Law of the Republic of South Africa, except that all claims must be brought within one (1) year after the claim arose or be forever barred.

If you believe you have a claim you must notify the company (within one year of the claim accruing) at contact@nerdnab.ninja. The company may then offer to settle your claim. If the claim is not resolved within thirty (30) days of your notification you may then invoke arbitration by filing a notice of dispute at the Arbitration Foundation of South Africa. All arbitrations will be dealt with in terms of the rules of AFSA, as can be located in the following website http://www.arbitration.co.za/module_data/a94a5d17-f642-4a68-b5d8-65df131dc197/downloads/c.pdf In the event of arbitration the company will reimburse all administrative, filing, and arbitrator costs for non-frivolous claims (however, if the arbitrator determines the arbitration is frivolous, the arbitrator may require the claimant to pay all such costs). If you receive an award less than or equal to the company's last settlement offer the arbitrator may consider that fact in determining whether the arbitration was frivolous.

You may opt out of this arbitration provision by sending written notice to contact@nerdnab.ninja, Attention: Arieh Leib Esra, within 60 days of your purchase. By not opting out you are waiving the right to claim resolution by court, and you are also agreeing not participate in any class, representative, or private attorney general action. Any portion of this arbitration agreement that is held legally unenforceable is severable and the remainder will be enforced.

WINNERS LIST/OFFICIAL RULES:

After confirmations of winners and prizes have been claimed, winners will be announced on NerdNab's™ social media channels and/or online at www.NerdNab.Ninja.

Any information collected by registering to enter the Competition shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available at www.NerdNab.Ninja.