Terms & Conditions

Version 1.1

Last updated 9th August 2023

Purpose and scope

This document sets forth the terms governing the use of our services, including user and Client responsibilities, payment terms, and limitations of liability.

Acceptance of terms

By accessing and using Nibiru Holdings (trading as North 53)'s services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these terms, you must not use our services.

Description of services

Nibiru Holdings (trading as North 53) provides software development, website design and development, email marketing, paid search, SEO, and other marketing services and online resources via the Website north53.co (collectively, the "Services").

Registration and user accounts

To access certain features or services, you may be required to create an account and provide personal information, such as your name, email address, and a password.

Content ownership and licences

You retain all rights to the content you provide to us. By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display the content as necessary to provide the Services.

Unless otherwise stated and with exception to the below ‘Third party content’ clause, Nibiru Holdings (trading as North 53) and/or its licensors own the intellectual property rights for all material on north53.co. All intellectual property rights are reserved. You must not:

  • Republish material from north53.co
  • Sell, rent or sub-license material from north53.co
  • Reproduce, duplicate or copy material from north53.co
  • Redistribute content from north53.co
  • Create iframes around our site pages that alter in any way the visual presentation or appearance of north53.co.

Third party content

Nibiru Holdings (trading as North 53)’s website and/or Services may contain content uploaded, posted, linked to or otherwise provided by third parties ("Third Party Content"). Such Third Party Content does not necessarily represent the views or opinions of Nibiru Holdings (trading as North 53), nor does it imply endorsement by Nibiru Holdings (trading as North 53).

Nibiru Holdings (trading as North 53) does not review, approve, or endorse any Third Party Content and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material, including without limitation any liability arising from any offensive, defamatory, or unlawful content submitted by third parties.

Any reliance on or use of Third Party Content obtained through the Website is done at the user's own risk.

Nibiru Holdings (trading as North 53) undertakes to promptly remove or disable access to any Third Party Content in response to valid legal requests or complaints, where it is found to be in violation of this Agreement, applicable laws, or regulations.

Payment terms

Payments for the Services must be made in accordance with the agreed-upon fees and payment schedule. Late payments may result in suspension or termination of the Services.

Restrictions on use

You agree not to use the Services for any unlawful purpose, to infringe upon the rights of others, or to interfere with the proper functioning of the Services.

Limitation of liability

Nibiru Holdings (trading as North 53) shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the use of the Services.

Indemnification

You agree to indemnify, defend, and hold harmless Nibiru Holdings (trading as North 53) and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or related to your use of the Services.

Termination

Either party may terminate this agreement in accordance with the Proposal, or at any time if there is no signed Proposal, with or without cause, upon written notice to the other party.

Changes to terms

Nibiru Holdings (trading as North 53) reserves the right to modify these Terms & Conditions at any time. Your continued use of the Services constitutes acceptance of the modified terms.

Governing law

These Terms & Conditions shall be governed by and construed in accordance with the laws of England & Wales.

Severance

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

Contact information

If you have any questions or concerns about these Terms & Conditions, please contact us at legal@nibiruholdings.com.

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