Website Terms of Use Agreement

 

1. Website Terms of Use

These Terms (“the Terms”) govern your (“the User”) use of the Lula Loop Technologies (Pty) Ltd (“Lula”) website located at the domain name www.lulaloop.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms 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 the content obtained from the Website either directly or indirectly.

2. Updating of these Terms

Lula may at any time change, modify, add to or remove from portions or the whole of these Terms at its sole and absolute discretion. Any changes to these Terms will become effective when the changes are posted onto this Website. Lula 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. Lula as of goods or services details

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“the ECTA”), 25 of 2005, Lula’s provision 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 Lula Loop Technologies (Pty) Ltd is a private limited company by shares duly registered and existing under the laws of South Africa with its physical address at 18 Boundary Place, Cnr Boundary & Rivonia Road, Illovo, Johannesburg, 2196. 3.2 Lula’s place of registration is Johannesburg and Lula will accept legal service at its physical address. 3.3 Provider’s directors and office bearers are: Velani Mboweni – Director, Xabiso Nodada – Director. 3.4 The main business of Lula is supply of Information Technology solutions to the transport industry; 3.5 Provider’s website is www.lulaloop.co.za

4. Complaints and Disputes

Lula offers Users to file complaints via the “Contact Us” service of the website www.lulaloop.co.za. Currently Lula does not subscribe to any alternative dispute resolution code or mechanism.

5. Copyright and Intellectual Property Rights

5.1. Lula provides certain information on the Website. Content displayed at the Website is provided by Lula, its affiliates or subsidiary, or any other third party owners of the content (“the Content”). All the proprietary works, and the compilation of the proprietary works, belong to Lula, its affiliates or subsidiary, or any third party owners of the rights (“the Owners”), and the Content is protected by South African and International Copyright Laws.
5.2. Lula 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 Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

6. Limited License to General Users

6.1. Lula grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
6.2. This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Lula.
6.3. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content without the express written consent Lula.
6.4. Lula and the Owners do not offer products or services to minors. If you are under the age of 18, you may act upon any offers on the Website.
6.5. Lula 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.
6.6. Any unauthorised use terminates this license.

7. Limitation of liability

7.1. 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 Lula, 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.
7.2. Lula, Holding Company, affiliate or subsidiary of Lula or the Owners, will not 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.

8. Privacy, Access to and Use of Information

8.1. Lula receives various types of information (“the 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”).
8.2. Lula may electronically collect, store and use Personal Information, including the name, contact details, surfing patterns, email, IP address, location and images of users. Lula voluntarily subscribes to section 51 of the ECTA and endeavours to treat Personal Information received by Lula accordingly.
8.3. Whenever the User is of the opinion that Lula fails to comply with section 51 of the ECTA, the User will contact the Lula by sending an email to [insert email address]. Lula 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 15 of days respond to User informing about corrective actions taken, if any.
8.4. Interception of communications – Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Owners 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 Owners or Lula through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
8.5. To ensure acquaintance with and awareness of the privacy measures and policies of Lula, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

9. Privacy – Casual Surfing

9.1. The User may visit the Website without providing any personal information.
9.2. The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
9.3. This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
9.4. Lula uses this information to determine use of the Website, and to improve Content.
9.5. Lula assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.

10. Privacy – Unsolicited Information

10.1. If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise the User grants to Lula and the Owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
10.2. The User grants to Lula and the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants:
10.2.1. That the User owns or otherwise controls all of the rights to the Information that the User posts;
10.2.2. That the Information is accurate; 10.2.3. That by the supply of the Information to Lula the User does not violate this Policy and does not infringe the rights of any person or entity and that the User indemnifies the Owners for all claims resulting from the receipt by the Lula of the Information the User supplies to it.
10.3. Lula may monitor and edit or remove any Information, where posted to public pages. Lula takes no responsibility, and assumes no liability for any Information posted by the User or any third party.

11. Privacy – Solicited Information the User provides to the Provider

11.1. Lula requires certain Personal Information necessary to process transactions if the User requires any of Lula’s products or services.
11.2. Lula receives and stores all Information, including Personal Information which the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from Lula.
11.3. Lula provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into the specific transactions in question expressly grants in writing to the Owners and the Lula a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
11.4. The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.

12. Privacy – Promotional Information

12.1. Lula aspires to provide first-class service to its customers, which requires Lula providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Lula Help Desk, or send an email to (insert contact email address).

13. Privacy – Business Transfers

13.1. Lula may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

14. Privacy – Lawful Purposes

14.1. When Lula is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Lula may also impart Personal Information if permitted or required to do so by law.

15. Privacy – Surveys and Statistical Profiles

15.1. Lula understands that efficiency and customer care translates to good service. Lula may periodically conduct online customer care surveys to enable the updating of service standards.
15.2. When it conducts a survey, Lula must inform the User how the information gathered will be used, and provide the User with the opportunity to opt-out from such surveys.
15.3. Despite terms to the contrary, Lula may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.

16. Privacy – Storage

16.1. Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).

17. Privacy – Interception

17.1. Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, the User agrees that the Lula 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.

18. Access to information Manual

18.1. This Manual can be obtained at: (insert link)

19. Choice of Law

19.1. This Website is controlled, operated and administered by Lula from its offices as set out below within the Republic of South Africa.
19.2. These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Johannesburg Local Division of the Gauteng High Court in the event of any dispute.
19.3. 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.
19.4. These Terms constitutes the entire agreement between the Lula and the User with regard to the use of the Content and this Website.

20. Contact Details

In the event that you need to contact Lula for purposes related to these Terms and Conditions, please use the following:
Telephone: +27 11 268 2340
Email: info@lulaloop.co.za

© Grassroots Nexus (Pty) Ltd and Lula Loop Technologies (Pty) Ltd
July 2016
This Website was most recently updated on the 10 August 2016.