5 June 2020
1.1. These Terms and Conditions are binding on all persons that access the Application (as defined herein) without qualifications or exceptions. By entering the Application, the User agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the Application.
1.2. All defined terms used in these Terms and Conditions have the meanings ascribed to them in clause 11, unless otherwise defined herein.
2. PROPRIETARY RIGHTS
2.1. The Application is owned by TUT and the User acknowledges that TUT or its licensors are the proprietors of all Intellectual Property.
2.2. The content of the Application is protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms and Conditions.
2.3. The User undertakes:
2.3.1. not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;
2.3.2. not at any time do or cause to be done any act or thing in any way impairing or tending to impair any part of TUT’s rights, title and interest in and to the Intellectual Property;
2.3.3. not in any way to make unauthorised use of the Intellectual Property or to represent that it has any rights of any nature in the Intellectual Property or any registrations thereof.
2.3.4. Without limiting the generality of the provisions of clause 2.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Application and to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
3. APPLICATION USE
3.1. The User may not use, reproduce, adapt, distribute, publish or in any other way deal, interfere with, or reverse engineer the Application without TUT’s prior consent. The User may only download and use the Application on Mobile devices for personal, non-commercial and information purposes an the purpose it was intended for .
3.2. TUT reserves the right to make any changes to the Application, its content and/or services offered through the Application at any times and without notice.
3.5. The Application may contain links to other applications or websites. TUT has no control over such applications or websites, does not review their content and will not be liable for their content or accuracy. The User accesses such applications or websites at the User’s own risk and discretion.
4. APPLICATION SECURITY
4.1 Due to the personal nature of mobile devices, the User will not be required to repeatedly authenticate on the mobile portion of the Application, however;
4.2 It will be the User’s responsibility to secure the mobile device and prevent unauthorised access to device via for example a pin, Touch ID, fingerprint, or other security mechanisms.
4.3 Only Users ,where a User is defined as , and have a valid TUT user identity and password may use the Application and may make use of the services provided by the Application.
4.4 The User may only use the identities and passwords officially assigned by TUT to the User. The User may not use the user identities of other TUT employees or students on the Application.
4.5 TUT takes reasonable steps to ensure that Secured Areas on the web-portion of the Application cannot be accessed by unauthorised persons and that authorised Users have access only to those portions of the Secured Areas which they are entitled to access and view. TUT cannot, and does not, however, warrant that no unauthorised person will be able to gain access to the Secured Areas or to a portion of the Secured Areas to which they are not entitled to have access. Accordingly, TUT shall not be liable for any loss, damage, claims, costs or penalties arising from unauthorised access to the Secured Areas or any portion thereof or the interception, monitoring, modification or other interference with communications between the User and TUT.
4.6 Users must keep their user identity and password secret and not allow anyone else to use them. The User shall be responsible for all access to the Application with the User’s user identity and password. When the User’s user identity and password has been used in order to gain access to the Application, TUT shall be entitled to assume that such use and all related communications emanate from the User. TUT shall not be liable for any loss or damage arising from unauthorised use of the User’s user identity and password.
4.7 In the event that the User becomes aware of a breach of the confidentiality of the User’s user identity and password, the User must immediately communicate this to TUT with subsequent confirmation in writing. Furthermore, the user must immediately change the password, or where required, TUT will change the compromised password as soon as reasonably possible. TUT may, at its sole and absolute discretion and for any reason, require the User to change the User’s user password at any time.
4.8 If the User commits any breach of these conditions or in any other way interact with or use the Application in an unlawful or unauthorised manner, TUT shall be entitled to terminate the User’s access to the Application immediately, without prior notice, without any liability on TUT’s part and without prejudice to TUT’s rights in terms of these Terms and Conditions or at law
5.1. TUT respects and is committed to protecting Users’ privacy and Personal Information.
5.2. Certain information about a User can be obtained automatically. Such information includes, without limitation, a User’s domain and protocol address. TUT may use such information for its internal purposes, but will not disclose it to third parties.
5.3. Applications may implement analytics functionality as provided by the respective platforms for the purposes of quality control. For example, this may include the collection of anonymised data such as number of crashes, number of deployments and device types.
5.4. Application authentication:
5.4.1 The application requires the use of a device camera for the sole purpose of scanning QR codes. Applications that use device cameras for other purposes will state so clearly in the application description (for instance, scanning of bar codes, or scanning of documents)
5.4.2. Application authentication/authorization and account registration requires the use of Location Services (GPS) for the purpose of security auditing. Account holder will be informed of the location from where security sensitive actions, including the linking of accounts to devices and applications are performed. Location data for sensitive activities will be contained in emails addressed to affected account holders as well as displayed on a secured device portal where account holders may review or revoke application access on participating registered devices. Authentication/Authorization cannot be used for the purpose of movement tracking.
5.4.3. Applications that use location services for any purpose other than authentication/authorization will state so clearly in the application description.
6. DISCLAIMER OF LIABILITIES
6.1. The User makes use of this Application at the User’s own risk.
6.2. Notwithstanding anything to the contrary contained in these Terms and Conditions, TUT shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these Terms and Conditions or the Application and whether caused by latent or patent defects in the Application, the use of the Application and information or functionality contained in the Application or otherwise.
6.3. The User hereby indemnifies TUT and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third Party in relation to any act or omission by the User or the User’s members, employees, representatives, agents or assigns or any third party in relation to the Application and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.
6.4. The User assumes all responsibility and risk for the use of the Application and TUT disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Application, whether direct or indirect, and whether or not TUT has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim resulting from the use of the Application, whether direct or indirect, and whether or not TUT has been advised or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
6.5. TUT shall not incur any liability to the User or any other person or entity associated with the User for any compensatory, indirect, incidental, special, consequential damages whatsoever, including but not limited to, loss of revenue or profit, commercial or economic loss, even if TUT has been advised of such damages or loss, or such damage or loss was reasonably foreseeable.
7. DISPUTE RESOLUTION
7.1. If a dispute between the Parties arises out of or is related to these Terms and Conditions, the matter shall be determined in accordance with the following provisions, including any matter relating to the breach of any of the provisions of these Terms and Conditions.
7.2. Save in respect of those provisions of these Terms and Conditions which provide for their own remedies which would be incompatible with arbitration, or in the event of either Party instituting urgent action against the other in any court of competent jurisdiction, any dispute arising from or in connection with these Terms and Conditions will be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
7.3. This clause will be severable from the rest of these Terms and Conditions so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of these Terms and Conditions.
7.4. Neither Party shall be entitled to withhold performance of any of their obligations in terms of these Terms and Conditions pending the settlement of, or decision in, any dispute arising between the Parties and each Party shall in such circumstances continue to comply with their obligations in terms of these Terms and Conditions.
8. GOVERNING LAW
8.1 The entire provisions of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Transvaal Provincial Division of the High Court of South Africa in regard to all matters arising from these Terms and Conditions.
9.1. This document contains the entire agreement between the Parties in regard to the subject matter hereof.
9.2. No Party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this document whether it induced the contract and/or whether it was negligent or not.
9.3. No variation or amendment of these Terms and Conditions and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of these Terms and Conditions shall be binding or have any force and effect unless reduced to writing.
9.4. TUT reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the TUT Website and/or the Application agreement screen. It is the User’s obligation to review these Terms and Conditions on the Application’s Agreement screen when the user is prompted to do so. The User’s continued use of this Application following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
9.5. No extension of time or waiver or relaxation of any of the provisions or terms of these Terms and Conditions shall operate as an estoppel against a Party in respect of its rights under these Terms and Conditions.
9.6. No failure by any Party to enforce any provision of these Terms and Conditions shall constitute a waiver of such provision or affect in any way such Party’s right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.
9.7. If any term or provision of these Terms and Conditions should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of these Terms and Conditions shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of these Terms and Conditions.
10. DISCLOSURE OF INFORMATION
10.1. The following information is disclosed by TUT to the User:
10.1.1. Full name and legal status of TUT: Tshwane University of Technology, a university deemed to be established in terms of the Higher Education Act, 1997;
10.1.2. Physical address: Staatsartillerie Road, Pretoria West, South Africa;
10.1.3. Postal address: Private Bag X680, Pretoria, 0001, South Africa;
10.1.4. Telephone number: +27 12 382 5911;
10.1.5. Application address: www.tut.ac.za;
10.1.6. E-mail address: email@example.com;
10.1.7. Physical address where TUT will receive legal service of documents: Staatsartillerie Road, Pretoria West, South Africa;
10.1.8. Main description of Application: An application enabling TUT employees and students to verify the lockout status of their user accounts as well as set new passwords for such accounts.
11.1. The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and Conditions nor any clause hereof
11.2. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
11.2.1. "Business Day" shall mean any day other than a Saturday, Sunday or a public holiday in South Africa;
11.2.2. "Intellectual Property" shall mean all intellectual property subsisting in, pertaining to or used on the Application including, without limitation, patents, inventions, copyright, trade marks, goodwill and trade secrets;
11.2.3. "Parties" shall mean TUT and the User and "Party" shall, as the context requires be a reference to any one of them;
11.2.4. "Personal Information" shall mean information which identifies a User to third parties;
11.2.5. "Terms and Conditions" shall mean these terms and conditions;
11.2.6. "Secured Area" shall mean the access restricted area of the Application
11.2.7. "Trade Marks" shall mean all registered and unregistered trade marks, trade names, symbols, signs, insignia, emblems, logos and slogans utilised on the Application;
11.2.8. "TUT" shall mean Tshwane University of Technology;
11.2.9. "User" shall mean the user of the Application in terms of these Terms and Conditions;
11.2.10. "Application" shall mean the application which is installable on Android, iOS or any derivatives, including applications and content, hosted under the tut.ac.za domain linked to the application;
11.3. Unless inconsistent with the context or save where the contrary is expressly indicated:
11.3.1. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause 11, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;
11.3.2. any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time;
11.3.3. any reference in these Terms and Conditions to these Terms and Conditions or any other terms and conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other Terms and Conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented;
11.3.4. no provision of these Terms and Conditions constitutes a stipulation for the benefit of any person who is not a Party to these Terms and Conditions;
11.3.5. Unless inconsistent with the context, an expression which denotes:
220.127.116.11. any one gender includes the other genders;
18.104.22.168. the singular includes the plural and vice versa.
11.3.6. Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause 11.
11.3.7. The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
11.3.8. These Terms and Conditions shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms and Conditions in the first instance and reference to any Party shall be deemed to include such Party’s estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be.
11.3.9. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.