Terms of Use
Tripplo (Pty) Limited – Website Terms and ConditionsUpdated February 2020
Please read the terms of use carefully and pay special attention to the content herewith as they may limit our liability (responsibility) or involve some risk to you.
1 Introduction
Welcome to Tripplo!
When you use Tripplo, you trust us with your personal data. We’re committed to keeping that trust. That starts with helping you understand our privacy practices as set out below (“Terms of Use”).
This web site (the "Site") is owned and operated by ("Tripplo (Pty) Limited"), "Tripplo", "we","us" or "our").The use of this Site and the content and information available on this Site(collectively the "Services") shall be subject to acceptance of and compliance with the terms and conditions set forth in these terms of use (collectively, the "Terms of Use") and elsewhere on this Site. The terms "you," "your", "yours", "member" "members" and "yourself" refer to all visitors/members to this Site. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Site. If you do not agree to these Terms of Use, you should not review information or obtain goods, services or products from this Site.Tripplo has the total right to edit or delete any content in the Site, including this agreement, without notifying you.
2 Use of This Site
You agree not to:-
a) reproduce, copy, distribute, modify, publish, transmit, display, use, reuse, re-publicize, assign, sublicense, sell, or exploit for any public or commercial purpose, any portion of the Site, use of the Site, or access to the Site;
b) attempt to change, add to, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on this Site; and/or
c) access or use this Site in any way that could or is intended to damage or impair theSite, or any server or network underlying the Site, or interfere with anyone else's use and enjoyment of the Site.
3 Use of Information
Tripplo has put in place a privacy policy which sets out how we handle personal data that you may provide or that we may collect, in connection with your access or use of the Site. The private policy is available on the Site. You accept and agree to the Terms of Use as set out in the privacy policy and consent to the collection, use and disclosure of your personal data in accordance with the privacy policy.
4 Non-Payment and Storage of Information
In the event that any User fails to pay for the Services, Tripplo shall continue to store theUser’s personal information for a period of 2 (two) months. On the expiry of the two month period, Tripplo shall delete all personal information relating to that User.
5 Suspension
a) Tripplo may stop performing its obligations if the User is late making a payment, if within 10 Business Days' of the payment being due, the user notifies Tripplo of the failure to pay, and the user does not make the payment within 30 Business Days' after receiving the User’s notice.
b) Tripplo shall resume performance when the User pays all outstanding amounts.
c) Tripplo will not be liable to the User for any liabilities, claims, or expenses arising out of the suspension of the User's performance under this section.
6 Cancellation
The User may cancel at any time, by sending an email containing an explanation for the cancellation to support@tripplo.co. Tripplo shall continue to store the User’s personal information for a period of 2 (two) months. On the expiry of the two month period, Tripplo shall delete all personal information relating to that User. The Subscription Agreement is hereby terminated and neither party shall have any further rights or obligations thereunder.
7 Submissions
You may post reviews of products or services, comments, suggestions, or other messages(collectively referred to as “Submissions”) so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of yourSubmission. Tripplo reserves the right (but not the obligation) to monitor, edit and remove anySubmission. By posting or sending us any Submission, you grant Tripplo a non-exclusive, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission in any media.
8 Promotions
From time to time, we may offer and/or co-sponsor promotions on the Site. Each of these activities shall be governed by specific rules accessible from the Site. By agreeing to theTerms of Use, you consent to Tripplo sending you such offers and/or promotions via your email address.
9 Disclaimer and Exclusion of Liability
d) This Site, the Services, the information on this Site and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express and/or implied;
e) To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Site and its contents, including in relation to any inaccuracies or omissions in this Site, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non infringement or implied warranties from course of dealing or usage of trade;
f) We shall use our best endeavours to insure that the Site will be accessible and/or free from viruses, however, we do not warrant that this Site will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this Site will not be affected by load shedding, any Acts ofGod or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities;
g) We will use our best endeavours to include accurate and up-to-date information on thisSite, however, we make no warranties or representations as to its accuracy, timeliness or completeness;
h) We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused resulting from your access to, use of or inability to use, reliance on or downloading from the Site, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages;
i) The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected;
j) We shall use our best endeavours to ensure that our Site/system is secure, nevertheless, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others; and
k) We shall further use our best endeavours to ensure that any software made available on this Site is suitable for downloading, installation and use by you, it is noted that all such software is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
10 Links to This Site
You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site, you do so at your own risk and these Terms of Use will apply to your use of this Site by linking to it.
11 Third Party Advertisements and Links to Third Party Sites
Tripplo may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites, on the Site. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any such advertisement or link does not imply endorsement by Tripplo of the advertisement or linked site or any content therein. In no event will Tripplo be held directly and/or directly liable, to anyone for any damage and/or loss arising from or relating to any use, continued use or reliance on any third party advertisement displayed on the Site, any products, services or other materials relating to any such advertisement, any linked third party site or any link contained in a linked site.
12 Intellectual Property Rights
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on this Site are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited.
In the event of any infringement of our intellectual property, we reserve our right to take legal action against any unauthorised usage of its trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
13 Changes to Terms of Use
These Terms of Use may be modified from time to time. Any modifications to these Terms ofUse will be effective upon posting. You should therefore read these Terms of Use before you place any order. Your continued use of the Site after any modifications to the Terms of Use indicates your acceptance of the modified Terms of Use.
14 Governing Law and Jurisdiction.
This Site may be accessed from all countries around the world where the local technology permits. As each country has differing laws, by accessing this Site both we and you agree that the laws of the Republic of South Africa, without regard to the conflict of laws principles thereof, will apply to all matters relating to these Terms of Use.
You accept and agree to submit to the exclusive jurisdiction of the courts of the Republic ofSouth Africa in respect of any dispute or difference arising out of and/or in connection with these Terms of Use.
15 Dispute Resolution
In the event that any claim or dispute arises out of or in connection with these Terms of Use, the parties shall, following service of written notice by one party on the other, attempt to resolve amicably by way of good faith negotiations and discussions any such dispute or claim as soon as reasonably practicable (and in any event within 14 calendar days after such notice or by such later date as the parties may otherwise agree in writing).
In the event that the parties are unable to resolve the dispute, the said dispute or difference shall on written demand by any party to the dispute be submitted to arbitration inJohannesburg, by a single arbitrator agreed to by the parties and failing agreement within 10(ten) days after arbitration has been demanded, the arbitrator shall be appointed by theArbitration Foundation of Southern Africa ("AFSA”) in accordance with the rules of the AFSA("AFSA Rules") and applying the Uniform Rules of Court (regulating the conduct of the proceedings of the several Provincial and Local Divisions of the High Court of South Africa, as initially promulgated in Government Notice R48 of 12 January 1965, as amended); provided that, to the extent that there is any conflict between the AFSA Rules and the Uniform Rules ofCourt, the AFSA Rules shall prevail.
This clause shall not preclude any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
The parties irrevocably agree that the decision of the arbitrator, shall be final and binding on them, shall be carried into effect and shall be capable of being made an Order of any Court of competent jurisdiction.