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Terms and Conditions

Platform Terms of Service, Privacy Policy, Biometric Data Consent Framework and Venue Operating Conditions

Version 1.0  |  May 2026

Registered name: Club Nexus (Pty) Ltd

Jurisdiction: Republic of South Africa

Part A — General Provisions and Definitions

1. Definitions

In these Terms and Conditions, the following definitions apply unless the context indicates otherwise:

Biometric Data
Any data derived from a Member's facial geometry captured during the face scan registration process, including the biometric template used for identity matching.
Club Nexus, "we", "us", "our"
Club Nexus (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa.
Club Nexus Platform / Platform
The full suite of software, applications, systems, and services operated by Club Nexus, including the Member registration application, the Bouncer Terminal, the Admin Dashboard, and all associated infrastructure.
Bouncer Terminal
The Club Nexus application operated by Partner Venue security personnel at the point of entry to a venue.
Entry Decision
The pass or deny output generated by the Club Nexus Platform in response to a QR Code scan at the door of a Partner Venue.
Flag
A Ban or Watchlist designation applied to a Member profile by an Authorised Venue Operator.
ID Document
A valid South African identity card or a foreign passport submitted by a Member during registration.
Information Officer
The person appointed by Club Nexus as Information Officer in accordance with the Protection of Personal Information Act 4 of 2013.
Member
Any natural person who has completed the Club Nexus self-registration process and holds an active Club Nexus account.
Member Data
All personal information collected from or about a Member, including personal details, ID Document data, Biometric Data, and Entry History.
Entry History
A log of a Member's QR Code scans at Partner Venues, including date, time, and venue identifier.
Partner Venue
A nightclub, bar, or entertainment venue that has entered into a Club Nexus Venue Agreement and is an active participant on the Platform.
POPIA
The Protection of Personal Information Act 4 of 2013 and all regulations made thereunder.
QR Code
The unique, time-limited digital code issued to a registered Member and used to gain entry to Partner Venues.
Special Personal Information
Has the meaning assigned to it under section 26 of POPIA, and includes Biometric Data.
Venue Agreement
The separate written agreement entered into between Club Nexus and each Partner Venue governing the commercial and operational terms of the relationship.
Watchlist
A Flag that permits a Member to enter a Partner Venue but triggers a silent security alert to the venue's security personnel upon QR Code scan.
Ban
A Flag that permanently denies a Member entry to all Club Nexus Partner Venues.

2. Scope and Application

These Terms and Conditions govern the relationship between Club Nexus and (a) all Members who register on the Platform, and (b) all Partner Venues that execute a Venue Agreement.

These Terms and Conditions must be read together with the Club Nexus Privacy Policy (Part C), the Biometric Data Consent Framework (Part D), and the Venue Operating Conditions (Part E), all of which form part of this document.

In the event of any conflict between these Terms and Conditions and any Venue Agreement, the Venue Agreement shall prevail to the extent of the conflict.

Club Nexus reserves the right to amend these Terms and Conditions at any time. Members and Partner Venues will be notified of material changes by email or in-app notification. Continued use of the Platform after notification constitutes acceptance of the amended terms.

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.

3. Age Restriction

The Club Nexus Platform is available only to persons who are 18 years of age or older.

By registering as a Member, you represent and warrant that you are 18 years of age or older and that your ID Document confirms this fact.

Club Nexus will verify your age during the registration process using your ID Document. If your date of birth indicates that you are under 18, your registration will be rejected and you will not be issued a QR Code.

If a Member's age was misrepresented during registration, Club Nexus reserves the right to immediately terminate the Member's account and report the matter to the relevant authorities.

Club Nexus accepts no liability for any Partner Venue that admits a minor through means other than the Club Nexus QR Code system.

Part B — Member Terms of Service

4. Member Registration

To access Club Nexus Partner Venues using the Platform, you must complete the self-registration process in full.

Registration requires you to provide: (a) your first name, last name, email address, mobile number, and date of birth; (b) a valid SA ID Card or foreign passport, including submission of front and back document scans; and (c) a live facial biometric scan.

You warrant that all information provided during registration is accurate, complete, and current. Providing false information is a material breach of these Terms and may result in immediate account suspension and referral to the South African Police Service.

You may only register one Club Nexus account. Duplicate accounts are prohibited and will be suspended.

Registration is subject to successful ID verification and biometric capture. Club Nexus reserves the right to decline any registration at its discretion without providing reasons.

Upon successful registration, you will be issued a unique Club Nexus Member ID and a QR Code. Your QR Code will refresh every 10 minutes for security purposes.

5. QR Code — Use and Security

Your QR Code is personal to you and may not be shared, transferred, copied, or used by any other person.

You are solely responsible for the security of your QR Code. If you have reason to believe your QR Code has been compromised, you must notify Club Nexus immediately by contacting support.

Club Nexus will generate a new QR Code upon receipt of a valid compromise notification. Your existing QR Code will be immediately invalidated.

Any person who presents your QR Code at a Partner Venue assumes the risk that the Bouncer Terminal may conduct a live biometric verification. If the presenting person does not match your registered biometric profile, entry will be denied.

The use of another Member's QR Code is a material breach of these Terms and may constitute fraud under South African law. Club Nexus reserves the right to report such incidents to the relevant authorities.

QR Codes are issued for personal use only — they do not constitute a guarantee of entry. A Partner Venue retains the right to refuse entry on grounds permitted by law, regardless of QR Code status.

6. Entry Decisions and Venue Discretion

Club Nexus provides Entry Decision outputs to Partner Venues as a tool to assist their security personnel. These outputs are based on the information held on the Platform at the time of the scan.

An Entry Decision is a recommendation — it does not override the legal right of a Partner Venue or its security personnel to exercise independent judgment in managing entry, safety, and compliance with their liquor licence conditions.

A "Pass" Entry Decision does not guarantee entry. A Partner Venue may still decline entry to a Member for reasons unrelated to Club Nexus, including but not limited to: the Member's visible state of intoxication, venue capacity, dress code, or conduct at the door.

Club Nexus accepts no liability for entry refused by a Partner Venue following a Pass Entry Decision, nor for any consequential loss suffered by a Member as a result of such refusal.

A "Deny" Entry Decision arising from a Ban Flag will result in denial of entry at all Club Nexus Partner Venues. Members subject to a Ban may appeal in accordance with clause 10.

7. Member Conduct and Account Suspension

Members must at all times conduct themselves lawfully at Partner Venues and in any interaction with Club Nexus personnel or systems.

Club Nexus reserves the right to suspend or terminate a Member's account immediately and without notice if the Member: (a) provides false information during registration or thereafter; (b) shares or misuses their QR Code; (c) engages in conduct at a Partner Venue that results in a Ban Flag being applied; (d) attempts to circumvent or tamper with the Platform or its security measures; (e) breaches any provision of these Terms.

Upon termination of a Member's account, their QR Code will be immediately invalidated. Active Ban Flags will remain associated with the Member's profile unless successfully appealed.

Club Nexus may, at its discretion, reinstate a suspended account following review. Reinstatement is not guaranteed.

8. Member Data Access and Deletion Rights

Members have the right under POPIA to: (a) request access to the personal information held by Club Nexus about them; (b) request correction of inaccurate personal information; (c) request deletion of their personal information, subject to the retention obligations set out in clause 18.

All requests under this clause must be submitted in writing to the Club Nexus Information Officer at the contact details set out in clause 34.

Club Nexus will respond to valid access and deletion requests within 30 days of receipt.

Deletion of a Member's account will result in the destruction of their Biometric Data and ID Document scans. Entry History logs may be retained for a period not exceeding 36 months for operational and post-incident identification purposes, as set out in clause 18.

Where a Member's account is subject to an active investigation or a valid law enforcement request, deletion may be delayed until the matter is resolved.

9. Member Warranty Regarding Minors

By registering on the Platform, you unconditionally warrant that you are 18 years of age or older.

You further warrant that you will not permit any person under the age of 18 to use your QR Code to gain or attempt to gain entry to a Partner Venue.

A breach of this clause is a material breach of these Terms. Club Nexus reserves the right to immediately terminate your account and to refer the matter to the South African Police Service and the relevant liquor authority.

10. Flagging System — Bans, Watchlists, and Appeals

10.1 Application of Flags

Partner Venues are authorised to apply Ban and Watchlist Flags to Member profiles through the Club Nexus Platform.

A Ban Flag may be applied by a Partner Venue where a Member has: (a) caused physical harm to any person at or near the venue; (b) engaged in criminal conduct at or near the venue; (c) caused significant damage to venue property; (d) been refused service by the venue for a documented and legitimate reason; or (e) breached the venue's published house rules.

A Watchlist Flag may be applied by a Partner Venue where the venue has a reasonable, documented concern about a Member's conduct that does not yet warrant a full Ban.

All Flag applications must be accompanied by an incident note recorded in the Club Nexus system at the time of or immediately following the incident giving rise to the Flag.

Ban Flags apply across all Club Nexus Partner Venues from the time of application.

10.2 Club Nexus's Role in Flagging

Club Nexus does not independently apply Flags. Flags are applied solely by Partner Venues acting in accordance with clause 10.1.

Club Nexus is not responsible for the accuracy, fairness, or legality of any Flag applied by a Partner Venue. Liability for any wrongful Flag rests solely with the Partner Venue that applied it, subject to clause 23.

Club Nexus reserves the right, at its sole discretion, to remove a Flag that it reasonably believes was applied unlawfully, discriminatorily, or in bad faith.

10.3 Member Appeals

A Member who believes a Ban or Watchlist Flag has been applied incorrectly or unfairly may lodge a written appeal with Club Nexus within 30 days of becoming aware of the Flag.

The appeal must include: (a) the Member's full name and Club Nexus Member ID; (b) a description of the circumstances giving rise to the Flag; (c) the basis on which the Member contends the Flag is incorrect or unfair; and (d) any supporting evidence.

Club Nexus will review the appeal and may engage the Partner Venue that applied the Flag. Club Nexus will communicate the outcome of the appeal within 30 days of receipt.

Club Nexus's decision on appeal is final subject to the Member's rights under POPIA and applicable South African law.

Pending resolution of an appeal, a Ban Flag remains in force unless Club Nexus exercises its discretion under clause 10.2 to temporarily remove it.

Part C — Privacy Policy

11. Responsible Party

Club Nexus (Pty) Ltd is the responsible party for the purposes of POPIA in respect of all Member Data processed through the Platform.

Club Nexus has appointed an Information Officer in accordance with section 55 of POPIA. All data-related queries and requests should be directed to the Information Officer at the contact details in clause 34.

12. Information We Collect

During Member registration, Club Nexus collects the following categories of personal information:

  • Personal identifiers: first name, last name, email address, mobile number, date of birth.
  • Identity document data: ID Card or passport number, document type, country of issue, and OCR-extracted document data.
  • Biometric Data: a one-time facial biometric capture used to create a biometric template stored on the Club Nexus Platform.
  • Entry History: a time-stamped log of each QR Code scan at a Partner Venue.
  • Device and technical data: device type, operating system, and app version collected for security and troubleshooting purposes.

During normal venue entry operations, Club Nexus collects: (a) the QR Code scan event; (b) the Entry Decision output; and (c) where a biometric door-scan is conducted, a live facial image for the sole purpose of matching against the stored biometric template. The live image is not retained after the match is completed.

13. Purpose of Processing

Club Nexus processes Member Data for the following specific purposes:

  • Age verification: to confirm that each Member is 18 years of age or older before issuing a QR Code.
  • Identity verification: to confirm that the person using a QR Code at a venue is the registered Member to whom the QR Code was issued.
  • Access control: to generate Entry Decisions at Partner Venues based on a Member's registration status and any active Flags.
  • Capacity management: to maintain accurate real-time headcounts at Partner Venues.
  • Post-incident identification: to assist Partner Venues and law enforcement in identifying individuals where a serious incident has occurred after entry.
  • Platform security and integrity: to detect and prevent fraud, account sharing, and misuse of the Platform.
  • Regulatory compliance: to comply with legal obligations under applicable South African law.

Club Nexus will not process Member Data for any purpose incompatible with the purposes listed in clause 13 without obtaining fresh, specific consent from the Member.

14. Legal Basis for Processing

Club Nexus processes Member Data on the following legal bases under POPIA:

  • Consent: Biometric Data and ID Document data is processed on the basis of explicit consent given during the registration process. This consent is specific, informed, and may be withdrawn at any time in accordance with clause 8.
  • Legitimate interest: Entry History and general usage data is processed on the basis of Club Nexus's and Partner Venues' legitimate interests in operating a safe, compliant venue entry system.
  • Legal obligation: Club Nexus may process Member Data to comply with applicable law, court orders, or lawful requests from competent authorities.

Where consent is withdrawn, Club Nexus will cease processing based on that consent. This may render the Member's account non-functional if the withdrawn consent relates to data essential to the operation of the Platform.

15. Data Sharing and Disclosure

Club Nexus does not sell, rent, or trade Member Data to any third party.

What Partner Venues receive: Partner Venues receive ONLY the following information from Club Nexus via the Bouncer Terminal: (a) the Member's display name (first name and surname initial); and (b) the Entry Decision (Pass, Deny, or Watchlist alert). Partner Venues do NOT receive raw ID numbers, biometric templates, date of birth, or any other underlying personal information.

Third-party service providers: Club Nexus may share Member Data with carefully vetted third-party service providers who assist in operating the Platform, including identity verification services and cloud infrastructure providers. All such providers are contractually bound to process Member Data only for the purposes specified by Club Nexus and in compliance with POPIA.

Law enforcement disclosure: Club Nexus may disclose Member Data — including Entry History, ID Document data, and biometric reference data — to the South African Police Service or other competent authorities where: (a) required by a valid court order or statutory obligation; (b) necessary to prevent or investigate a serious crime; or (c) necessary to protect the life or safety of a person. Such disclosures will be recorded in Club Nexus's incident log.

Cross-venue Flag sharing: Ban and Watchlist Flag status is shared with all active Club Nexus Partner Venues as part of the Platform's core access control functionality. This cross-venue sharing is disclosed to Members at the time of registration and forms part of the consent obtained under Part D.

16. Data Security

Club Nexus implements appropriate technical and organisational security measures to protect Member Data against unauthorised access, disclosure, alteration, or destruction.

These measures include, without limitation:

  • AES-256 encryption of Biometric Data and ID Document data at rest.
  • TLS 1.3 encryption for all data in transit between Members, Partner Venues, and Club Nexus infrastructure.
  • Isolation of Biometric Data storage from general application databases with separate access credentials and encryption keys.
  • Role-based access controls limiting staff access to Member Data to only what is required for their specific function.
  • Comprehensive audit logging of all access to Member Data.
  • Regular independent security penetration testing of the Platform.

Notwithstanding the security measures in place, Club Nexus cannot guarantee absolute security of Member Data. In the event of a data breach affecting Member Data, Club Nexus will notify affected Members and the Information Regulator in accordance with section 22 of POPIA.

17. Cookies and Tracking

The Club Nexus mobile application does not use advertising cookies or third-party tracking technologies.

Club Nexus uses session cookies and limited analytics data solely to maintain application performance and detect anomalous usage patterns indicative of fraud or misuse.

Part D — Biometric Data Consent Framework

18. Biometric Data Retention

Your biometric template — the digital representation of your facial geometry created during registration — will be stored securely by Club Nexus for as long as your account remains active.

Upon deletion of your account, your biometric template will be permanently destroyed within 30 days of the deletion request being processed.

Club Nexus will conduct a review of biometric templates associated with inactive accounts (accounts not used at any Partner Venue for a continuous period of 24 months). Following reasonable notice, biometric templates of inactive accounts will be destroyed.

Entry History logs will be retained for a maximum period of 36 months from the date of each entry event for operational and post-incident identification purposes, after which they will be permanently destroyed.

ID Document scans will be retained for the duration of a Member's active account and for a period of 12 months following account closure, after which they will be permanently destroyed.

Notwithstanding the retention periods above, Club Nexus may retain Member Data beyond these periods where required by a valid court order, active law enforcement investigation, or statutory obligation.

19. What You Are Consenting To

By completing the face scan step of the Club Nexus registration process, you are giving your explicit, specific, and informed consent to the following:

  • Consent 1 — Registration Biometric Capture: You consent to Club Nexus capturing a facial biometric scan during the registration process and using that scan to create a biometric template linked to your Club Nexus Member profile.
  • Consent 2 — Storage of Biometric Template: You consent to Club Nexus storing your biometric template securely on Club Nexus infrastructure for the duration of your active account, in accordance with the retention policy in clause 18.
  • Consent 3 — Real-Time Door-Side Biometric Matching: You consent to Club Nexus capturing a live facial image when you present your QR Code at a Partner Venue, and using that live image to compare against your stored biometric template to confirm that you are the registered holder of the QR Code. The live image is used only for this matching process and is not stored.
  • Consent 4 — Post-Incident Identification: You consent to Club Nexus making your biometric template and associated Member profile available to a Partner Venue or to law enforcement authorities where a serious incident has occurred at a venue following your entry, and where such disclosure is necessary for the purposes of identifying the individuals involved.
  • Consent 5 — Cross-Venue Flag Status Sharing: You consent to your Ban or Watchlist Flag status (if any) being shared with all active Club Nexus Partner Venues for the purpose of access control.

20. Your Right to Withdraw Consent

You may withdraw any or all of the consents in clause 19 at any time by contacting the Club Nexus Information Officer.

You acknowledge that withdrawal of Consent 1, 2, or 3 will render your Club Nexus account non-functional, as the Platform cannot operate without these consents.

Withdrawal of consent does not affect the lawfulness of any processing that occurred before the withdrawal.

Upon withdrawal of consent relating to Biometric Data, Club Nexus will destroy your biometric template within 30 days.

Where consent is withdrawn while an active post-incident investigation is ongoing, Club Nexus may lawfully retain relevant data until the investigation is concluded, in accordance with applicable law.

Part E — Venue Operating Conditions

This Part applies to all Club Nexus Partner Venues and forms part of each Venue Agreement. In the event of conflict between this Part and the Venue Agreement, the Venue Agreement prevails.

21. Venue Obligations

By executing a Venue Agreement, each Partner Venue agrees to:

  • Use the Club Nexus Platform only for its intended purpose of venue entry management, age verification, capacity tracking, and member flagging.
  • Ensure that all personnel operating the Bouncer Terminal are registered with the Private Security Industry Regulatory Authority (PSIRA) in accordance with the Private Security Industry Regulation Act 56 of 2001.
  • Maintain a valid liquor licence in good standing for the duration of the Venue Agreement.
  • Not share, reproduce, or attempt to access Member Data beyond what is displayed on the Bouncer Terminal in the ordinary course of entry operations.
  • Apply Flags only on documented, legitimate grounds and in accordance with clause 10.1. Flags applied on discriminatory grounds in contravention of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 are prohibited.
  • Maintain an incident log for all Flag applications, including date, time, incident description, and the identity of the person who applied the Flag.
  • Cooperate with any Club Nexus audit of Flag applications conducted to ensure compliance with these Terms.
  • Notify Club Nexus of any data security incident or breach that occurs on venue hardware or software used to operate the Bouncer Terminal.
  • Comply with all applicable laws and regulations, including the Liquor Act 59 of 2003, the Western Cape Liquor Act 4 of 2008 (or applicable provincial liquor legislation), POPIA, and the National Building Regulations.
  • Not represent Club Nexus as the primary decision-maker in entry refusals. Entry decisions remain the responsibility of the venue's licence holder.

22. Liability — Club Nexus to Venues

Club Nexus provides the Platform on an "as is" and "as available" basis. Club Nexus makes no warranty that the Platform will operate without interruption or error.

Club Nexus's total cumulative liability to any Partner Venue arising from or in connection with the Platform — whether in contract, delict, or otherwise — is limited to the total subscription fees paid by that venue to Club Nexus in the 12-month period immediately preceding the event giving rise to the claim.

Club Nexus is not liable to any Partner Venue for: (a) loss of revenue or profit; (b) loss of business or opportunity; (c) consequential or indirect loss of any kind; (d) any claim arising from the venue's failure to comply with its liquor licence conditions; or (e) any claim arising from the venue's misuse of the Bouncer Terminal or improper application of Flags.

Club Nexus is not liable for a false-positive or false-negative Entry Decision where such outcome arises from: (a) inaccurate Member data submitted during registration; (b) environmental conditions at the venue (including poor lighting or camera angle) affecting biometric matching; or (c) deliberate circumvention of the Platform by a Member or third party.

Club Nexus does not guarantee that the Club Nexus capacity management system will satisfy a venue's legal obligations under fire safety or building regulations. Venue operators remain solely responsible for compliance with occupancy obligations.

23. Liability — Venue to Members (Wrongful Flagging)

The Partner Venue that applies a Ban or Watchlist Flag is solely responsible for the accuracy, proportionality, and legality of that Flag.

Where a Member suffers loss or damage arising from a wrongful or unlawful Flag applied by a Partner Venue, the Member's primary claim lies against the Partner Venue, not against Club Nexus.

Club Nexus may, at its discretion, assist in mediating a dispute between a Member and a Partner Venue regarding a wrongful Flag. Such assistance does not constitute an admission of liability by Club Nexus.

A Partner Venue indemnifies Club Nexus against any claim, loss, damage, or expense arising from a Flag applied by that venue in breach of clause 10.1 or in a manner that is discriminatory, defamatory, or unlawful.

24. System Failure at Venue

Where the Club Nexus Platform is unavailable at a Partner Venue during operating hours, the venue may use a manual entry procedure as a fallback. Manual entries must be logged in the Club Nexus system as soon as the Platform is restored.

Club Nexus will use reasonable endeavours to restore Platform availability as quickly as possible following a system failure. Club Nexus will notify affected venues of outages via the venue management contact provided in the Venue Agreement.

Club Nexus is not liable for any loss suffered by a Partner Venue as a result of a Platform outage, except where the outage is caused by Club Nexus's gross negligence or wilful misconduct.

25. Termination of Venue Agreement

Either party may terminate a Venue Agreement on 30 days' written notice.

Club Nexus may terminate a Venue Agreement immediately and without notice if: (a) the venue's liquor licence is suspended or revoked; (b) the venue applies Flags in a discriminatory or unlawful manner; (c) the venue breaches its data security obligations under clause 21; or (d) the venue fails to pay subscription fees within 30 days of the due date.

Upon termination, the venue's Bouncer Terminal access will be deactivated immediately. The venue must cease all use of Club Nexus systems and destroy or return any Club Nexus materials.

Member Data relating to entries at the terminated venue will be retained by Club Nexus in accordance with the retention policy in clause 18. The terminated venue will no longer have access to this data.

Part F — General Legal Provisions

26. Intellectual Property

All intellectual property in the Club Nexus Platform — including the software, algorithms, QR Code system, Member database architecture, Bouncer Terminal interface, Admin Dashboard, and all associated materials — is owned exclusively by Club Nexus (Pty) Ltd.

No Partner Venue, Member, or third party acquires any right, title, or interest in Club Nexus's intellectual property by reason of these Terms or any Venue Agreement.

Partner Venues and Members are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for the purposes described in these Terms. This licence does not include any right to sublicense, copy, reverse-engineer, or modify any element of the Platform.

Club Nexus reserves all rights not expressly granted in these Terms.

27. Disclaimer of Warranties

Club Nexus provides the Platform as a tool to assist venues with entry management and age verification. Club Nexus does not warrant that the Platform will eliminate all instances of underage entry, fraudulent identity use, or venue security incidents.

The Platform is provided as a decision-support tool. Final entry decisions remain the responsibility of the venue licence holder and its authorised security personnel.

Club Nexus does not warrant the accuracy of any biometric match result. Biometric matching technology has inherent limitations, including error rates that vary based on environmental and biological factors.

28. Limitation of Liability — Members

Club Nexus's total liability to any Member arising from these Terms or use of the Platform is limited to ZAR 500 per claim.

Club Nexus is not liable to any Member for: (a) denial of entry to a Partner Venue resulting from an incorrect or disputed Flag applied by a venue; (b) denial of entry arising from a biometric match failure; (c) loss of access to the Platform due to account suspension for breach of these Terms; or (d) any indirect or consequential loss of any kind.

29. Indemnity by Member

You indemnify Club Nexus and its officers, employees, and agents against any claim, loss, damage, or expense (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your provision of false or inaccurate registration information; (c) your use of the Platform in violation of applicable law; or (d) any third party's use of your QR Code.

30. Dispute Resolution

In the event of a dispute between Club Nexus and a Member or Partner Venue, the parties agree to first attempt to resolve the dispute through good-faith negotiation.

If a dispute is not resolved by negotiation within 30 days, either party may refer the dispute to mediation under the auspices of the Arbitration Foundation of Southern Africa (AFSA) or such other mediator as the parties agree.

If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the AFSA rules. The seat of arbitration shall be Cape Town, South Africa. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding.

Notwithstanding the foregoing, Club Nexus reserves the right to seek urgent relief from a competent court of law without prior mediation where necessary to protect its intellectual property or Member Data.

31. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.

Subject to the dispute resolution provisions in clause 30, the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town.

32. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed from the Terms. The remaining provisions will continue in full force and effect.

33. Whole Agreement

These Terms and Conditions, together with the Venue Agreement (where applicable), constitute the entire agreement between Club Nexus and each Member or Partner Venue regarding the Platform and supersede all prior agreements, representations, and understandings.

34. Contact and Information Officer

For all privacy, data access, deletion, and consent withdrawal requests, contact the Club Nexus Information Officer:

  • Email: [TO BE CONFIRMED]
  • Postal address: [TO BE CONFIRMED]
  • Telephone: [TO BE CONFIRMED]

For all other queries, including venue support and technical issues, contact:

  • Email: [TO BE CONFIRMED]
  • WhatsApp support line: [TO BE CONFIRMED]