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TutnIQ terms and conditions - TutnIQ

TutnIQ terms and conditions

The important legal stuff.

  • The official TutnIQ terms and conditions

  • TERMS OF SERVICE

    Welcome to TutnIQ!

    Thank-you for using our products and services (“Services”). The Services are provided by Podium Seminars (Proprietary) Limited (hereafter referred to as “TutnIQ”, “we”, “us”, "our","the site","our site","our website").

    By visiting the website, tutniq.com, or using any of our Services, you agree to be bound by these terms (including our privacy policy and prohibited content policy). You understand, agree and acknowledge that these terms constitute a legally binding agreement between you and TutnIQ and that your use of our Services shall indicate your conclusive acceptance of this agreement.

    If you do not want to be bound by our terms your only option is not to visit, view or otherwise use our Services.

    The terms of this agreement, and any rights and licenses granted here-under, may not be transferred or assigned by you, but may be assigned or transferred by TutnIQ without restriction or further notification to you.

    Use of our Services

    You must follow any policies made available to you within our Services.

    You may not:

    • Use our Services in a manner which is illegal in terms of the laws of the Republic of South Africa, Unites States of America and the place where you reside.
    • Use our Services in any way that exposes TutnIQ to criminal or civil liability, or causes TutnIQ to be in breach of the terms of service it obtains from third party service providers.
    • Use our Services in a manner which breaches our terms and policies.
    • Access, or try to access, our Services using a method other than the interface that we provide.
    • Interfere with, or disrupt the operation of our Services.
    • Use any of our branding or logos unless you obtain our permission.
    • Impersonate a TutnIQ representative or misrepresent your relationship with TutnIQ.
    • Harass, threaten, or otherwise abuse TutnIQ, its employees, directors, officers, shareholders, suppliers, agents or other associates or affiliates.
    • Share your password with a another person.

    You will not use our Services in a way that may be dangerous. Do not use TutnIQ while driving a vehicle, operating a nuclear power plant, or while swimming.

    You understand and expressly agree that TutnIQ:

    • Is an experimental service and may be disrupted or discontinued at any time and without notice, even if this results in the loss of your content contained within the Service.
    • Is entitled to provide services to you through subsidiaries or affiliated entities.
    • Is entitled to communicate with you via email, or other means including (but not limited to) telephone, SMS / text message, or carrier pigeon.

    User content

    Our Services allow you to create and distribute content. You retain ownership of any intellectual property rights that you hold in that content. You grant TutnIQ a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, universe-wide license to use, store, display, reproduce, modify, create derivative works from, perform, and distribute the content you submit to our Services. It is your responsibility to ensure that you have the necessary rights to grant us this license.

    You acknowledge and agree that user content is the sole responsibility of the user that makes it available, and that you will not use the Services to create or make content available which is illegal in terms of the laws of the Republic of South Africa, Unites States of America and the place where you reside, or which infringes upon the rights of others.

    We reserve the right to remove, modify or refuse to display user content for any reason, including user content that we believe violates our terms and policies, although you should not assume that we actually do so.

    If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without any obligation to you.

    Nothing in these terms shall restrict other legal rights TutnIQ may have to user content.

    Copyright

    We respond to notices of alleged copyright infringement and may delete or block the allegedly infringing content, or terminate accounts of infringers.

    Prohibited content

    Our Service is intended to be family-safe. This means that users are not permitted to use our Services to create, store or distribute pornographic, adult, or mature content. A detailed list of prohibited content can be found in our prohibited content policy. This policy forms part of the terms of this agreement.

    Link rewriting

    You understand and agree that TutnIQ may use link rewriting services to monetize / automatically affiliate outgoing links.

    Privacy

    TutnIQ’s privacy policies explain how we treat your personal data. By using our Services, you agree that TutnIQ can use such data in accordance with our privacy policies. This policy forms part of the terms of this agreement.

    You understand and expressly consent to your personally identifiable information (such as user name and email address), user content and other user information related to the Service being transferred to a new operating entity in the event that the Service (or any combination of its products, services, assets and / or businesses) is transferred or assigned to a different legal entity, as a result of purchase, sale, divestiture, bankruptcy proceeding, change in licensed operator, or similar transaction or proceeding. You understand and agree that this may happen without further notification.

    Disclaimer of Warranties

    You understand and expressly agree that your use of our Services is entirely at your own risk and that our Services are provided "As Is" and "As Available". TutnIQ disclaims all warranties. TutnIQ does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Service. This includes (but is not limited to) implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the Service will be uninterrupted or error-free or that defects in the Service will be corrected.

    Neither TutnIQ nor its employees, directors, officers, shareholders, suppliers or other associates or affiliates make any specific promises about the Services. No information obtained from TutnIQ, its employees, directors, officers, shareholders, suppliers or other associates or affiliates shall create any warranty not expressly stated in the terms of this agreement.

    If your jurisdiction does not allow the exclusion of warranties disclaimed in this agreement, you are not permitted to use our Services.

    Limitation of Liability

    You understand and expressly agree that TutnIQ, its employees, directors, officers, shareholders, suppliers, agents or other associates or affiliates, shall in no circumstances be liable for any direct, indirect, incidental, consequential, exemplary, or other damages. This shall include, but not be limited to damages for loss of profits, business, reputation, goodwill, data, content, programs, use, other intangible losses, litigation costs and attorney's fees. The limitation of liability shall apply whether or not TutnIQ has been advised of or should have been aware of the possibility of such damages.

    In jurisdictions where the exclusion or limitation of liability is not allowed, you are not permitted to use our Services.

    You agree to defend, indemnify and hold harmless TutnIQ, its employees, directors, officers, shareholders, suppliers, agents or other associates or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:

    • Your use of and access to our Services;
    • Your violation of any of the terms of this agreement;
    • Your violation of any third-party right, including but not limited to any copyright, property, or privacy right; or
    • Any claim that your use of our Services caused damage to a third party.

    This defense and indemnification obligation will survive this Agreement and your use of our Services.

    Should a court or arbitrator find that the provisions of this agreement related to limitation of liability are not valid, you agree that the total liability of TutnIQ, its employees, directors, officers, shareholders, suppliers, agents or other associates or affiliates may not exceed the amount you paid us to use our Services in the preceding 12 months, and that in all cases, TutnIQ, its employees, directors, officers, shareholders, suppliers, agents or other associates or affiliates, will not be liable for any loss or damage that is not reasonably foreseeable.

    Business uses of our Services

    If you are using our Services on behalf of a business or an organization, you warrant that you have the authority to act on behalf of the business or organization, and that the business or organization accepts these terms. You expressly agree that the business or organization will hold harmless and indemnify TutnIQ, its employees, directors, officers, shareholders, suppliers, agents or other associates or affiliates from any and all claims arising from or related to your use of our Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney's fees. You understand that this is no way diminishes your obligations and liabilities expressed elsewhere in this agreement.

    Professional information

    Our Services are not intended to provide exhaustive treatment of any subject dealt with. The information on this web site including, without limitation, all research, opinions or other content is therefore not intended, nor does it constitute, medical, financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect you or your business you should consult your own suitably qualified advisers.

    Modification of terms

    TutnIQ may, in its sole discretion, modify or update these terms from time to time. You should therefore review this page periodically. When we change these terms, we will update the ‘last modified’ date on the side or bottom of this page. Your continued use of TutnIQ following the posting of any changes to these terms means you accept such changes. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

    Governing law and jurisdiction

    You expressly understand and agree that these terms shall be governed by the laws of the Republic of South Africa, subject to the terms of this agreement.

    We each agree to submit to the jurisdiction of the Magistrates' Court located in East London, Eastern Cape, South Africa or the Eastern Cape Division of the South African High Court located in Grahamstown, for any actions falling outside of the jurisdiction of the Magistrates' Court.

    You expressly grant TutnIQ the right to change the court of jurisdiction, including country, at its sole discretion.

    You waive the right to participate in a class action arising from or in connection with the terms of this agreement, or the use or our Services.

    You expressly consent that TutnIQ may at its sole discretion opt to have any dispute arising from, or in connection with, the terms of this agreement or the use of our Services, be adjudicated by way of final and binding arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa and the terms of this agreement, by an arbitrator or arbitrators appointed by the Foundation. Should TutnIQ exercise this option, you expressly understand and agree that all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless TutnIQ consents, the arbitrator may not consolidate more than one person's claims. The arbitrator's authority to resolve and make written awards is limited to claims between you and us alone. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. You agree that, by entering into these terms, should TutnIQ exercise its option to refer a dispute to arbitration, you are waiving the right to a trial by court or to participate in a class action.

    If a court or arbitrator should find that one or more rights or provisions set forth in the terms of this agreement are invalid, you agree that the remainder of the terms shall be enforceable and that, to the extent permitted by law, the court or arbitrator shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

    Should you violate the terms of this agreement or any other rights of TutnIQ, TutnIQ reserves the right to pursue any and all legal remedies against you. If TutnIQ should fail to enforce any right or provision in these terms, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these terms.

    The terms of this agreement control the relationship between TutnIQ and you. They do not create any third party beneficiary rights, other than to the extent specifically permitted by this agreement.

    The terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

    Contact us

    For information about how to contact TutnIQ, please visit our contact page.

    TutnIQ is operated by:
    Podium Seminars (Proprietary) Limited
    Registration number: 2002/001582/07
    VAT number: 4950203580
    Director: Michael Lockyear

    In addition to any other form of delivery, legal notices must be emailed to: [email protected], and posted to our postal address via registered mail.

    Our postal address is:
    PO Box 15759
    Beacon Bay
    East London
    5205 South Africa

    These terms were first published and made effective on 2 September, 2014.

    Change log


    1. These terms were first published and made effective on 2 September, 2014.

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