DISCLAIMER AND TERMS AND CONDITIONS OF USE
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.
defined terms used in these Terms and Conditions have the meanings ascribed to
them in clause 11, unless otherwise defined
2. PROPRIETARY RIGHTS
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,
interest in and to the Intellectual Property;
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
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.
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,
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.
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
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
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
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.
5.1. 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
and protocol address. TUT may use such information for its internal purposes, but will not disclose it to third parties.
6. DISCLAIMER OF LIABILITIES
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
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
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
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
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.
9.1. 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,
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
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. Website address: www.tut.ac.za;
10.1.6. E-mail address: firstname.lastname@example.org;
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.
11.1. The headnotes to the clauses of
these Terms and Conditions are for reference purposes only and shall in no way
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,
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
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
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:
18.104.22.168. any one gender includes the other genders;
22.214.171.124. 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
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,
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.