Last updated: March 2026
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Disclaimer:
- Capstone refers to the Company’s operational intelligence platform, including any hosted or cloud-based instances, dashboards, and related interfaces.
- Company (referred to as either “the Company”, “we”, “us”, or “our” in this Disclaimer) refers to NxGN (Pty) Ltd, Charlton House, Hampton Office Park, 20 Georgian Crescent East, Bryanston East, 2191, Johannesburg, South Africa.
- Guardian refers to the Company’s environment, health, and safety (EHS) management platform, including any hosted or cloud-based instances and related interfaces.
- Service refers to the Website, the Capstone platform, the Guardian platform, and any related applications or services provided by the Company.
- You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Website refers to NxGN Solutions, accessible from https://www.nxgnsolutions.com
Important Notice
In accordance with Section 49 of the Consumer Protection Act No. 68 of 2008, please note that this Disclaimer contains provisions that limit the Company’s liability and disclaim certain warranties. You are encouraged to read this Disclaimer carefully and ensure you understand its effect.
Disclaimer
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service, except where such liability cannot be excluded under South African law, including the Consumer Protection Act No. 68 of 2008. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
Nothing in this Disclaimer shall exclude or limit the Company’s liability for death or personal injury caused by gross negligence, for fraud or fraudulent misrepresentation, for a breach of the Company’s obligations under the Protection of Personal Information Act No. 4 of 2013 (POPIA), or for any other liability that cannot be excluded or limited under South African law.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur. Given the changing nature of laws, rules, and regulations, there may be delays, omissions, or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Dealing Disclaimer
The Company may use copyrighted material which has not always been specifically authorised by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes “fair dealing” as provided for in sections 12 to 19B of the South African Copyright Act No. 98 of 1978, which permits limited use of copyrighted material without requiring permission from the rights holders for purposes such as research, private study, criticism, review, and reporting of current events.
If you wish to use copyrighted material from the Service for your own purposes that go beyond fair dealing, you must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organisation, employer, or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability, and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
No Professional Advice Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, environmental, health, safety, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service, except where such liability cannot be excluded under South African law.
Personal Information
The Company takes the protection of your personal information seriously and complies with the Protection of Personal Information Act No. 4 of 2013 (POPIA). While this Disclaimer limits the Company’s liability in certain respects, it does not limit or exclude the Company’s responsibility for the lawful processing and protection of your personal information. For full details on how we handle your personal information, please refer to our Privacy Policy.
“Use at Your Own Risk” Disclaimer
All information in the Service is provided “as is”, with no guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, and fitness for a particular purpose.
The Company will not be liable to you or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special, or similar damages, even if advised of the possibility of such damages.
Governing Law
This Disclaimer shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Contact Us
If you have any questions about this Disclaimer, you can contact us:
- Email: [email protected]
- Address: Charlton House, Hampton Office Park, 20 Georgian Crescent East, Bryanston East, 2191, Johannesburg, South Africa