TUGO BUILDS (PTY) LTD

WEBSITE TERMS OF USE AGREEMENT

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1  Website Terms of Use

1.1          These Terms (“Terms”) govern your (“User”) use of the Tugo Builds (Pty) Ltd (“Provider”) website located at the domain name, www.tugo.co.za (“ Website”) and your use of the forum. By accessing and using the Website, the User agrees to be bound by the Terms and conditions   set out in this legal notice. If the User does not wish to be bound by these Terms, the User may  not access, display, use, download, or otherwise copy or distribute Content obtained at the  Website.

1.2.         the User agrees that they will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, the User agree that  they will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written        consent from an authorized representative of the Provider.  (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

1.3.         the User may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

1.4.         the User may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised  representative of the Provider.

2  Updating of these Terms

2.1          Provider may change, modify, add to or remove from portions or the whole of these Terms and conditions. Changes to these Terms will become effective when the changes are posted to this Website. Provider will notify the User of the changes via email or by posting a prominent notice on the   Website. The User’s continued use of this Website following the posting of changes or  updates will be considered notice of the User’s acceptance of these Terms, including any      changes or updates.

 

3  Provider of goods or services details

3.1          In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), 25 of 2005, the Provider of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:

3.1.1      Provider is:

•        Tugo Builds(Pty) Ltd ( “Provider”),

•         a private limited Provider by shares duly registered and existing under the laws of South Africa registration number: 2011/104896/07,

•        VAT registration number [4540255553 ]

•       with its physical address at 7 Bruidslelie Crecent, Clearwater Estate, Parkhaven, Ext 3, 1459,

•       Tel (011 395 3748).

•       Provider’s place of registration is 7 Bruidslelie Crecent, Clearwater Estate, Parkhaven, Ext 3, 1459, and

•       Provider will accept legal service at 7 Bruidslelie Crecent, Clearwater Estate, Parkhaven, Ext 3, 1459.

•       Provider’s directors and office bearers are: Mr Abel Chetty (director) Yugeshni Chetty (Director)

•       The main business of Provider is (Deign, development, manufacture and sales of Educational conturstion toys);

3.2  Provider’s website is www.tugo.co.za and its email address is info@tugo.co.za;

 

4  Goods or Services:

Tugo is a versatile construction set that allows children to build many everyday and creative shapes.

Your child’s imagination is the only limitation to what they can build and invent with Tugo. Use household cardboard cores from toilet rolls, paper towels, cling and wax-wrap rolls to build with Tugo. Children will learn how to strengthen their models by using common-sense engineering principles. Educational flash cards will also be available, in the future, which will help in teaching children about numbers, letters, colours, animals and geometric shapes.  Children can personalize their models and Educational aids by painting the cores and creating their own flash cards. Most cores fit tightly over the Tugo building pieces and where the cores are loose, one can use the long and short ties to create some form of stability to the models build! Tugo is manufactured from polypropylene, with the focus on quality. It comes in three ranges, i.e Mini Play, Regular Play, Maxi build (more for the classroom environment) and Maxi Play premium, each range comes with different components that forms part of the tugo product, please see bucket content to see what comes with each range purchased).

 

 

5  Ownership, Copyright and Intellectual Property Rights

5.1          The contents of this Website, including any information, software, icons, text, graphics, lay- outs, images, sound clips unless available to the general public, trade names, logos, trademarks and service marks are protected by South African  and International law, including but  not limited to copyright and trade mark law, and are owned by or licensed to the Provider..

5.2          No licence to or right in any of such contents is granted to or conferred upon you. Any   unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact us via emaill info@tugo.co.za

5.3           The Provider may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User. All rights in and to the Content is reserved and retained by the Provider.

5.4          Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not act upon any offers on the Website.

5.5          Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

5.6            Any unauthorised use is strictly prohibited and all the Provider’s rights remain reserved.

 

6  Privacy, access to and use of information

6.1          Provider receives various types of information (“Information”) from Users who access the  Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of the ECTA (“Personal Information”).

6.2           Provider may electronically collect, store and use Personal Information, including (your name   and surname & your email address & your physical address) Provider voluntarily subscribes to section 51 of the ECTA and endeavors to treat Personal Information received by  Provider accordingly.

6.3          It is the User’s responsibility to update any of their personal information that they provide to    the Provider as soon as it is no longer accurate and complete.   

6.4          This Website makes use of "cookies" to automatically collect information and data through the standard operation of the Internet servers. "Cookies" are small text files a website can use to recognize repeat users, facilitate the user's ongoing access to and use of a website and allow a     website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify the User. If the User do not want  information collected through the use of cookies, there is a simple procedure in most browsers that allows the User to deny or accept the cookie feature. Please note however that cookies     may be necessary to provide the User with certain features available on our Website, and thus if  the User disable the cookies on their browser they may not be able to use those features, and  your access to the Provider’s Website will therefore be limited.

6.5          The User may choose to provide additional personal information to the Provider, in which event the user agree to provide accurate and current information, and not to impersonate or   misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything.        

6.6          The Provider will not use the user’s personal information for any purpose (other than as stated above) without their express consent. The Provider will not use or disclose the User’s personal information to third parties without their consent, unless the use or disclosure is –

6.6.1       required in order to comply with applicable law, order of court or legal process served                                   on the         Provider; and/or

6.6.2        disclosure is necessary to protect and defend the rights or property of the Provider.

6.7          The Provider will be entitled to disclose the User’s personal information to those of their employees and/or third party service providers who assist them to interact with the User via  their Website or email, and thus need to know the User’s personal information in order to assist the Provider to communicate with the User properly and efficiently. The Provider  will       ensure that all such employees and/or third party service providers having access to the user’s    personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the User’s personal information. The Provider will –

6.7.1         treat the User’s personal information as strictly confidential;

6.7.2         take appropriate technical and organisational measures to ensure that the User’s personal  information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

6.7.3         promptly notify the User if the Provider become aware of any unauthorised use, disclosure or processing of the User’s personal information;

6.7.4         provide the User with reasonable evidence of the Provider’s compliance with their  obligations under this policy on reasonable notice and request; and

6.7.5         upon the User’s request, promptly return or destroy any and all of your personal information in the Provider’s possession or control.

6.8          The Provider will not retain the User’s personal information longer than the period for which it was originally needed, unless they are required by law to do so, or the User consent to them retaining such information for a longer period.

6.9          If the User disclose their personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than the Provider, the Provider shall not be liable for any loss or damage, howsoever arising, suffered by the User as a result of the disclosure of such information to the third party. This is because the Provider do not regulate or control how that third party uses the User’s personal information. The User should always ensure that they read the privacy policy of any third party.

6.10         Whenever the User is of the opinion that Provider failed to comply with section 51 of the ECTA, the User will contact the Provider by sending an email to info@tugo.co.za. The Provider will review the User’s representations made by email and, if within the Provider’s sole and absolute discretion advisable, take corrective action and in any event within  14 (fourteen) of days respond to User informing about corrective actions taken, if any.

 

7  Privacy - promotional information  

7.1          Provider aspires to provide first-class service to its customers, which requires the Provider to providing information to the User about new services, features, special offers, promotional competitions and to improve the Users experience on their Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with the Provider. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to info@tugo.co.za.

 

8  Privacy- interception  

8.1          Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and      agents. User agrees that his or her consent satisfies the requirements of ECTA and RIC for  consent in “writing” as defined.

8.2          The Provider will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Provider through the Internet, or that you expressly or implicitly authorise the Provider to make,   or for any errors or any changes made to any transmitted information.

8.3          To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses  incorporated in these Terms.

 

9.            Linked third party websites

9.1          This Website may contain links or references to other websites ("Third Party Websites") outside of the Provider’s control, including those of advertisers. These Terms and Conditions do not    apply to those Third Party Websites and the Provider is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

9.2          Notwithstanding the fact that this website may refer to or provide links to third party websites, the User’s use of such Third Party Websites is entirely at their own risk and the Provider is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the User’s use of such Third Party Websites or their reliance on any information contained thereon.

 

10  Access to information Manual  

This Manual can be obtained at: www.tugo.co.za/access2information/ manual.htm7. (In accordance with the The Promotion of Access to Information Act, 2000 (Act 2 of 2000)

 

11  Limitation of liability:

11.1         Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website    and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider, Owners, Providers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred    by whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.

11.2        Neither Provider nor any holding Provider, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.

12.          Disclaimer

12.1        Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

12.2.      While the Provider takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Provider makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

12.3        All information provided on this website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, completeness, or non-infringement, as may be allowed in law.

12.4        The Provider does not accept any responsibility for any errors or omissions on this Website.

12.5        In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Provider also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of the User’s computer system,                computer network, hardware or software in any way.

 

13.          Availability and termination

13.1        The Provider will use reasonable endeavours to maintain the availability of the Website, except during                 scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to the User.

13.2        The Provider may in its sole discretion terminate, suspend and modify this Website, with or without notice to the User. The User agrees that the Provider will not be liable to the User in the  event that the Provider chooses to suspend, modify or terminate this Website.

 

14  Choice of Law

14.1        This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa.

14.2        These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the North Gauteng High Court in the event of any dispute.

14.3         If any of the provisions of these Terms are found by a court of competent jurisdiction to be  invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.

14.4        These Terms constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

 

15.  Contact Details  

In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:

Telephone: 081-553 0234

Fax:086 557 1306

Email:(info@tugo.co.za

© Tugo Builds (Pty) Ltd

1 June 2012

This Website terms and conditions was most recently updated on the (18 June 2012)

 

 

 

 

 

 

 

 

 

 

 

 

 

TERMS AND CONDITIONS OF SALE

1.            Sale of Goods

1.1          These Terms and Conditions of Sale govern the sale of products ("Goods") by the Seller to the Purchaser via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed at http://www.tugo.co.za, terms- and-conditions.

1.2          Once the Purchaser tick the box labelled "I accept", these Terms and Conditions of Sale form a legally-  binding agreement between the Purchaser and the Seller. The Purchaser may contact us via email at info@tugo.co.za to obtain a full record of the Purchaser transaction. We will in any event confirm all the  purchase orders with the Purchaser via email.

1.3          Purchaser must register with an email address and password in order to log into the system to purchase goods.

 

2.            Payment

2.1          Payment can be made via the Website by –

2.2          credit card through a sufficiently secure payment system; when this facility is available.

2.3          direct bank deposit or electronic funds transfer, in which event, the Purchaser must make payment within 5 days of placing the Purchaser ‘s order, and the Seller will not execute the order until receiving confirmation that payment has been received;

2.4          Cheque deposits, by prior arrangement with the Seller, and in which event the Seller will only execute the order on notification of clearance of the deposit.

2.5          Once the Purchaser accept these Terms and Conditions of Sale, the Purchaser will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

2.6          The payment system allows for review, corrections and withdrawal by Purchaser prior to placing a final order.

 

3.            Privacy

3.1          We take the security of the Purchaser‘s payment and personal information seriously.  All personal Information that the Purchaser provide to us is subject to our Privacy Policy.  However, due to the nature of the Internet, we cannot guarantee that the Purchaser’s communication will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES' UNAUTHORISED ACCESS OF THE PURCHASER DATA.

4.            Complaints and disputes  

4.1          Seller offers Purchaser to file complaints via the “Contact us” service of the website www.tugo.co.za.  Currently Seller does not subscribe to any alternative dispute resolution   code or mechanism.

 

5.            Cancellation and refund

5.1          The Purchaser are entitled to cancel the Purchase Order for the Goods, without penalty, within 7 days of the Goods having been delivered to the Purchaser. In such an event -

5.1.1      the Purchaser will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement;

5.1.2      the Purchaser undertake not to utilise the Goods;

5.1.3      the  agreement of purchase will be deemed to have been cancelled, and

5.1.4      the Purchaser will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges.

5.1.5      The Seller will deliver the Goods to the Purchaser as soon as reasonably possible, but no later than 30 days after receipt of the Purchaser payment ("Delivery Period"). We will notify the Purchaser if we are unable to deliver the Goods during the Delivery Period. The Purchaser may then, within 7 days of receiving such notification elect whether or not to proceed with the  Purchaser order for the Goods. If the Purchaser elect not to proceed with the Purchaser order, we will reimburse the Purchaser with the purchase price within 30 days of having informed the Purchaser that we are not able to deliver the Goods during the Delivery Period.

5.1.6    Refunds will only be made upon receipt and inspection of the goods, less any deduction as 5.1.4

 

6.            Returns

6.1          Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to the Purchaser and must be returned to us within a period of 6 months after delivery. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also           be immediately reported, within 24 hours of delivery.

6.2          If the Goods have been approved for return, we will notify the Purchaser and either arrange for our couriers to collect the item from the Purchaser or request that the Purchaser post it back to us or ask the Purchaser to return the item to our current warehouse location, dependent on the Purchaser  original order's shipping method. Should the Purchaser need to post the Goods to us please only send it to our postal address (available under Contact and Address Details - click here) and the Purchaser will be credited or refunded for the postage costs incurred, up    to a maximum of whatever the    current Seller Postal Delivery rate is - click here - see       "PO        Box Delivery to Main Centers" and "PO Box Delivery to Regional Centers".

6.3          If the Purchaser is returning Goods via courier or post office please package it carefully so that it does not become damaged en-route. Please include the Returns Request Number and a copy of the Purchaser original invoice with any return.

 

7.            Breach

7.1          If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon  written notice to the defaulting party, without prejudice to its right to recover:

7.1.1.     any amounts that may be due to it in terms of this agreement; and

7.1.2      any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

 

8.            Governing law and jurisdiction

8.1          Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. The Purchaser  agree to be subject to the exclusive jurisdiction of the South African courts.

 

9.            Notice

9.1          The Seller hereby selects 7 Bruidslelie Crescent, Clearwater Estate, Parkhave, Ext 3, 1459, as its address for the service of all formal notices and legal processes in connection with these    terms and conditions of sale ("domicilium"). The Purchaser hereby selects the address specified on the Goods order form as the Purchaser domicilium. Either party may change its domicilium to any other physical address by not less than 7 days' notice in writing to the other party.                 Notices must be sent either by hand, prepaid registered post, telefax or email and must  be in English. All notices sent –

9.1.1      by hand will be deemed to have been received on the date of delivery;

9.1.2      by prepaid registered post, will be deemed to have been received 10 days after the date of  posting;

9.1.3      by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

9.1.4      by email will be deemed to have been on the date indicated in the "Read Receipt" notification. ALL EMAIL COMMUNICATIONS BETWEEN THE PURCHASER AND US MUST MAKE USE OF THE "READ   RECEIPT" FUNCTION to serve as proof that an email has been received.

 

10.          General

10.1        The Purchaser may not cede, assign or otherwise transfer the Purchase rights and obligations in terms of these terms and conditions of sale to any third party.

10.2        Any failure on the part of the Purchaser or the Seller to enforce any right in terms hereof shall not constitute a waiver of that right.

10.3        If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

10.4        No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

10.5        No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

10.6        These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between the Purchaser and the Seller and no other warranty or undertaking is valid, unless contained in this document between the parties.