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nCino KYC Terms and Conditions

TERMS OF USE OF WEBSITE (“TERMS OF USE”) OF NCINO SOUTH AFRICA WITH REGISTRATION NUMBER 2015/275633/07

The information, content, services, products and/or materials offered by nCino South Africa (“the Company”) on, or through the website https://staging.kycafrica.ncino.com/ (“the Website”), is made available subject to the terms and conditions contained below. By using the Website, the person doing so (hereinafter referred to as the “User”) agrees to be bound by and to comply with these Terms of Use and any additional or amended terms of use that the Company may prescribe from time to time. The Company reserves the right to make changes to the Website and to these Terms of Use at any time and in its sole discretion.

Third Party Internet Websites

The Company may from time to time provide links and pointers at this Website to Internet sites of third parties (“Third Party Sites”). These links and pointers to Third Party Sites are provided as a convenience only. The Company has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and the Company is not responsible for any information provided at any Third Party Sites. The Company makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that the Company has provided a link to any Third Party Site on this Website does not constitute an endorsement, authorization, sponsorship or affiliation by the Company with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. The Company expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.

Timeliness of Information

All press releases and other information contained in this Website were, to the best of the Company’s knowledge, timely and accurate when issued. The Company assumes no liability or responsibility if information made available on this Website is not accurate, complete or current. Any reliance on the material on this Website is at your own risk. The passage of time can render all things stale, and the Company is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained in this Website.

Content and Liability Disclaimer

The information at this website may contain bugs, viruses, errors, problems or other limitations. The company assumes no liability and shall not be responsible for any errors or omissions with respect to the functioning of, or the content at, this website and reserves the right to make changes to this website at any time without notice. Moreover, the company does not warrant the accuracy, currency, reliability or completeness of any information, text, graphics, links, or other items contained at this website. Accordingly, all content at this website is provided “as is” and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. The company disclaims all responsibility or liability for any damages caused by viruses contained within the electronic files at the website. Some jurisdictions do not allow the disclaimer of implied warranties, so the above exclusion may not apply to you. In no event shall the company be liable for any damages whatsoever, and in particular the company shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of, or related to, this website or any other website of the company or the information contained therein, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

User Provided Information

Except for personal data, which shall be governed by the Company’s Website Privacy Statement, any information or material received from you shall be deemed to have been provided by you and received by the Company on a non-confidential basis. By communicating with the Company, you automatically grant the Company a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, for any purpose and to sublicense such rights to third parties. You further agree that the Company is free to use any ideas, concepts, know-how that you provide to the Company.

Copyright and Terms of Use

This Website, including text, graphics, audio, video, design, software, and all derivative works based on any of the foregoing, is the copyrighted work of the Company, the Company’s Affiliates, or is used by the Company subject to permission of the copyright owner (collectively, “Copyright Owner”). Subject to the terms and conditions set forth in these Terms and Conditions, the Copyright Owner grants you a non-exclusive, non-transferable, limited and personal license to use and display this Website and the materials (“Materials”) thereon only for purposes associated with your interaction with this Website, and you agree to keep intact all copyright, trademark and other proprietary notices on the Materials. Any modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights of the Copyright Owner. The Company’s presentation of information on this Website does not confer any proprietary or other rights in its or others trademarks, trade names, copyrights, patents or other proprietary rights or information nor is it intended to infringe patent rights or other intellectual property rights held by others. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Website or any Materials and you agree not to “frame” or “mirror” this Website, any material contained on or accessible from this Website on any other server or Internet-based device without the advanced written authorization of the Company. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. If you are using our services or this Website on behalf of a business, that business accepts these Terms and Conditions.

Trademarks

The nCino logo and all brand names, company names, service marks, logos and trade dress of Company, and its subsidiaries, affiliates or licensors (“Marks”) are trademarks or registered trademarks of Company and its affiliates or licensors in the U.S. and other countries. Other brand names, company names, service marks, logos and trade dress may be trademarks or service marks of others. Your use of the Marks on this Website in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Company is strictly prohibited.

Technical Service

The information contained on this Website is intended to be general in nature. Techniques and data pertaining to specific use for nCino ingredients and new developments will be published periodically.

International Use of the Website

The Company makes no representations or claims that any information at this Website is appropriate or may be downloaded outside of South Africa. Access to this Website and to any information at this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the South Africa, you do so at your own risk of liability under the laws of the South Africa or of your jurisdiction.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonably attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.

Disputes

Any disputes that may arise concerning this Website and the information contained herein shall be governed by the laws of the Republic of South Africa.  The Parties hereby consent and submit to the jurisdiction of the High Court of South Africa-Gauteng Local Division, Johannesburg for all purposes of and in connection with the use of this Website.

Entire Agreement

These Terms and Conditions constitute the entire and only agreement between the Company and you and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings concerning this Website. If a term or provision herein is not enforceable, it will not affect any other terms or provisions. The failure of the Company to act does not constitute a waiver of any of the Company’s rights, including rights to take action in the future.

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