Your use of the Tutuka website is subject to the following terms and conditions (rules). You must know these rules for using the Tutuka website and you must also ensure you understand each clause of the rules set out here. Remember, you must always keep to these rules as they are a binding agreement between you and us.
Please contact us if you need further explanation of anything related to the use of www.tutuka.com. You may email us at firstname.lastname@example.org if you have questions
What we mean
- "Agreement" means these rules together with all instructions, letters and notices given.
- "We", "us", "our" or "Tutuka" means Tutuka Software (Ltd) (Registration number 1999/020074/07), a public company duly incorporated according to the company laws of the Republic of South Africa.
- "You" or "your" means the user of the Tutuka website.
- Singular includes the plural and vice versa.
- "Tutuka website" or "the site" means www.tutuka.com and includes any pages under the domain name tutuka.com.
1 Using the Tutuka website
These conditions become effective when you access the Tutuka website for the first time and constitute a binding agreement between you and us, which will always prevail. The current version of these conditions will govern your and our respective rights and obligations each time you access the site.
2 No warranties or representations
2.1 We do not warrant that the Tutuka website will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
2.2 We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
3 Disclaimer and limitation of liability
3.1 Although we have taken care to ensure that the content on the Tutuka website is accurate and that you suffer no loss or damage as a result of your use of the website, it is provided "as is".
3.2 Use of the Tutuka website is entirely at your own risk. You assume full responsibility for any risk or loss resulting from your use of the Tutuka website and your reliance on the material and information contained on it.
3.3 We are not liable for any damages whatsoever relating to your use of the Tutuka website or the information contained on it, nor you not being able to use it. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
4 Our address for notices and service of legal process
4.1 You should send any legal notice to The Legal Director, Tutuka, Building 1, Bentley Office Park, Cnr Rivonia and Wessels Rds, Rivonia, 2128, South Africa
5 Communicating with you
5.1 Any correspondence that is sent to your email will be considered to have been received by you within one day of being sent.
5.2 We are entitled to send information to you via email to the email address supplied when you registered on the Tutuka website.
6 Our intellectual property
6.1 We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the website.
6.2 The logos and trademarks shown on this site are our registered and unregistered trademarks or that of third parties. Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.
6.3 Irrespective of the existence of copyright, you acknowledge that we are the owner of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
7.1 These rules may be amended at any time by written notice to you. A certificate signed by the administrator responsible for maintaining this site will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.
7.2 Any amendment will not constitute a novation of this agreement.
7.3 You may not vary these rules.
7.4 South African law governs these rules. In particular, you acknowledge and agree that this agreement will be regarded as having been entered into in Johannesburg and any breach of this agreement will be considered as having taken place in Johannesburg.
7.5 You agree that you may be sued in terms of this agreement in the Magistrates' Court, even if the claim against you exceeds that court’s jurisdiction.
7.6 Any favour or concession given to you will not affect any of our rights against you.
7.7 We may restrict activity on the Tutuka website or suspend access to it if in any way we know or suspect that your use is fraudulent, negligent or for illegal activities, or if we must do so to comply with the law, without notice to you.
7.8 If we suspend access to the Tutuka website for any reason, we will not be liable to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, delict or statute.
7.9 You hereby indemnify us and hold us harmless against any loss or damage which you or any other person may incur or suffer as a result of any claim, costs, expense, loss or damages that you or any other person may incur or suffer as a result of the use of the Tutuka website.
7.10 No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice our right to take action against you.
7.11 If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.