Untitled 1


1.          INTRODUCTION

1.1.       These Terms and Conditions are binding on all persons that access the Website (as defined herein) without qualifications or 
              exceptions. By entering the Website 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 Website.

 1.2.      All defined terms used in these Terms and Conditions have the meanings ascribed to them in clause 11, unless otherwise defined 


2.1.       The Website 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 Website 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.

2.4.       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 Website 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.           WEBSITE USE


3.1.        The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without 
               TUT’s prior consent. The User may only download and print 1 (one) copy of the Website’s contents for personal, non-commercial 
               and information purposes only.


3.2.         TUT reserves the right to make any changes to the Website, its content and/or services offered through the Website at any times 
               and without notice.

3.3.         Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of TUT 
                unless stated otherwise. 

3.4.          No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, 
                harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane 
                language may be posted on the Website.

3.5.         The Website may contain links to other websites. TUT has no control over such websites, does not review their content and will not 
                be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.

3.6.          The User may not link to this Website without TUT’s prior written consent.


4.             SECURE AREA


4.1.          This clause applies to Users of the Secure Area. Additional terms and conditions may apply to the Secure Area. By accessing the 
                Secure Area, the User agrees to and will be bound by any such additional terms and conditions.

 4.2.         Only Users who have been registered as Users of the Secure Area and that have been provided with a user identity and password 
                 by TUT may access the Secure Area.  Access to the Secure Area is restricted only to those portions to which the User has a right of 
                 access and site.  Any person who gains access to the Secure Area in error or who views a portion of the Secure Area which they 
                 are not entitled to view must notify TUT immediately and may not make any further access of the area in respect of which they do 
                 not have access rights.

4.3.          TUT takes reasonable steps to ensure that the Secure Area cannot be accessed by unauthorised persons and that authorised 
                 Users have access only to those portions of the Secure Area 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 Secure Area or to a portion of the Secure Area 
                 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 Secure Area or any portion thereof or the interception, monitoring, modification or other 
                 interference with communications between the User and TUT.


4.4.          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 Website 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 Website, 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.


4.5.          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. The compromised user identity and 
                 password will be deactivated as soon as reasonably possible and a new user identity and password will be issued to the User. 
                 TUT may, at its sole and absolute discretion and for any reason, require the User to change the User’s user identity and 
                 password at any time.


4.6.           If the User commits any breach of these conditions or in any other way interact with or use the Website in an unlawful or 
                  unauthorised manner, TUT shall be entitled to terminate the User’s access to the Website 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.              PRIVACY POLICY

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.


6.1.           The User makes use of this Website 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 Website and whether caused by latent or 
                  patent defects in the Website, the use of the Website and information contained on the Website 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 Website 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 Website and TUT disclaims all liability for any loss, injury, damage, 
                  cost, penalty or claim resulting from the use of the Website, 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 Website, 
                  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 

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

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.               GENERAL

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 this Website. It is the 
                   User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued 
                   use of this Website 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.


10.1.          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.           Website address: www.tut.ac.za;


10.1.6.           E-mail address: general@tut.ac.za;


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 Website: A website providing information regarding studying and other activities at TUT.


11.             DEFINITIONS 

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 Website 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.           “Secure Area” shall mean the access restricted area of the Website


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 Website;


11.2.8.           “TUT” shall mean Tshwane University of Technology;


11.2.9.           “User” shall mean the user of the Website in terms of these Terms and Conditions;


11.2.10.         “Website” shall mean any Internet accessible site, including content, hosted under the tut.ac.za domain;


11.2.11.         shall mean the website located at tut.ac.za domain, including any TUT website linked thereto, and includes any part or 
                        element of such website or linked TUT websites.


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 


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:              any one gender includes the other genders;              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.