Copyright

All material is the copyright of Tokiso. No material may be published or reproduced in any form without prior written permission from Tokiso.
Terms of Use of the Tokiso website

Introduction

Welcome and thank you for using the Tokiso website. Please review these Terms of Use carefully.

Use of this website is subject to these Terms of Use

Your use of this website indicates your acceptance of these Terms of Use, including the Privacy Policy, and your agreement to follow and be bound by them. Do not use the website if you do not agree to be bound by these terms. We reserve the right to change these Terms of Use from time to time and changes take effect as soon as they are published on the website. Your continued use of the Tokiso website confirms your acceptance of any changed terms.

In addition to these Terms of Use, which apply to all users of this website, certain other terms & conditions are applicable to persons or organisations that use the website to pursue or deal with complaints. By using the website to pursue or deal with complaints, each Customer, Supplier or Subscriber acknowledges that he, she or it has read, understood and agreed to be bound by the relevant Terms & Conditions.

Accuracy of Information

While we make reasonable efforts to provide accurate information on this website, you should not assume that the information provided is always current or entirely accurate or that this website contains all the relevant information available.

Comments

We value the comments, ideas, suggestions and feedback published, disclosed, submitted or offered by you on, by or in connection with your use of the website, including complaints and responses to complaints ("Comments"), but we shall not be obliged to respond to, maintain or compensate you in any way whatsoever for Comments. We shall not be limited in any way in our use, commercial or otherwise, of any of the Comments.

You warrant that the Comments published, disclosed, submitted or offered by you to the website do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right, or impersonate or misrepresent your association with any person or entity. You agree not to disclose, submit or offer any Comments that are or contain any material that is untruthful, forged, deflamatory, abusive, obscene, threatening, offensive or pornographic or which may be illegal or unlawful or give rise to criminal or civil liability under any applicable law.

We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.

We shall be entitled to be indemnified by you against any claim that may be brought against Tokiso arising from, as a result of or in connection with your Comments, your conduct in connection with the use of this website or the services provided by Tokiso or your breach of these Terms of Use.

Service Providers

As part of our service, Tokiso provides information to allow users to identify service providers who may give their clients or members of the public advice in relation to complaints and disputes. We accept no responsibility for reliance by you on any such advice and give no warranties or representations in regard to the accuracy or completeness of any advice or the competence or integrity of any of the service providers or of the information displayed by or in relation to such service providers on this website. In this regard you are advised to consult your own legal or other advisers or such other sources as may be necessary before acting upon the advice of such service providers.

Privacy

Your privacy is very important to us and therefore any information that you provide to us is stored on a secure server. Our secure server encrypts your identity number and Payment Card details so as to minimise the risk of unauthorised disclosure or interception. The website makes use of "cookies" to minimalise the possibility of unauthorised access to and disclosure of your personal information.

We may use your information to contact you about promotions and special offers. You are entitled, at any stage, to opt out of this service.

We do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our users and usage of the website, amongst others, to business partners and affiliates, our advertisers, suppliers and other selected third parties. We may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

Our Privacy Policy forms a part of and is incorporated into these Terms of Use. Click here to view our Privacy Policy statement.
Intellectual Property
Tokiso retains all copyright in all content and material, including logos and other graphics, which form part of the website.

All data and information communicated to or from the website and/or any website information and database remain and shall be the sole property of Tokiso.

We grant you permission to view, electronically copy and print in hard copy portions of the website for the sole purpose of browsing the website and for your personal use of the services offered by Tokiso.

Any other use of materials on the website, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of Tokiso and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Tokiso and/or such trademark and/or copyright owner.

Trademarks

"Tokiso", "Your Complaint Driver" "Complaint Driver", "Facilitator", "Enforcer", "Champion" and all other marks, logos and trade names appearing on this website are trade marks of Tokiso. Nothing contained on this website should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this website without the express prior written consent of Tokiso.

Your use of any of the trademarks displayed on the website or in any of its content is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this website. You undertake not to infringe any right of Tokiso in respect of such trademarks. The use of the trademarks on any other website or networked computer environment is prohibited. All rights not expressly granted are reserved.

Advertising and Links

External hyperlinks may be provided on the website. Such hyperlinking does not constitute any relationship between Tokiso and any linked third party or any endorsement by Tokiso of such third party and your use of or reliance on any external links provided is at your own risk.

Advertising and other promotional material will appear on the website from time to time. Such advertising or promotional material does not constitute any relationship between Tokiso and any third party placing such advertising or promotional material on the website or any endorsement by Tokiso of such third party and your use of or reliance on any such material is entirely at your own risk.

Disclaimers and Exclusions of Liability

You expressly agree that use of the website or the Internet is entirely at your own risk. This website and its contents are provided on an "as is" and "as available" basis and Tokiso makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the website, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of services and/or delivery arrangements and times.

Tokiso disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components.

Save as expressly set out in these Terms of Use, Tokiso shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with Tokiso\’s negligent (including grossly negligent) acts or omissions or those of their employees, agents or designers or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the services or any other person arising from or as a result of any transaction concluded with Tokiso, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of products or services.

Tokiso, its directors, employers, designers, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect, consequential, general or special) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the website (including any information on the website) or the Internet.

You will indemnify Tokiso and keep us fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the website and/or in relation to receipt of products or services supplied by Tokiso.

Not withstanding any other provisions contained in these Terms of Use, Tokiso\’s liability whether in contract or delict arising from any breach of any obligation in terms of these Terms of Use or any applicable Terms & Conditions, negligence or otherwise shall not exceed at any time the monetary value of the order in respect of which any such dispute or claim arises.

Use of Content

The content contained on the website may be used by you for your own personal, non-commercial information purposes only. In using the website you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the website and you shall indemnify us for any damage caused by any such act attributable to you. We may suspend the website or any part of it or terminate your account at any time if we should determine that you are not using the website in compliance with these Terms of Use or the relevant Terms & Conditions or if we believe that the information provided by you is untrue, inaccurate, incomplete or inappropriate.

Password

You are responsible for maintaining the confidentiality of any passwords that may govern your access to the website or part of it and undertake to notify us immediately of any unauthorised use of your password or user account. You will be held responsible for all use of the service via your password whether or not you have authorised that use and undertake to indemnify us against any claims whatsoever that may arise as a consequence of such use.

Security Policy

We will endeavour to ensure that your personal information and/or credit card details are protected as they travel over the Internet. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology and we cannot guarantee the absolute security of any information you transmit to us or which we transmit to you.

General

If any provision of these Terms of Use is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining terms.

These Terms of Use, including the Privacy Policy, together with any relevant Terms & Conditions, constitute the whole agreement between you and Tokiso in relation to the matters covered.

Any indulgence of extension of time granted by us to you shall not be construed as a waiver or variation of any of our rights or remedies. Any claim arising from your use of the website or the services provided shall lapse and be waived by you unless it has been instituted within 12 months of the date on which the claim arises.

You undertake to negotiate in good faith to resolve any dispute arising out of, in connection with or as a result of these Terms of Use, including the Privacy Policy, and/or the Terms & Conditions. You and Tokiso shall each be entitled to refer any such dispute to an arbitrator chosen by the parties. If the parties fail to choose an arbitrator within 5 working days, either party shall be entitled to request the chief executive of Tokiso Dispute Settlement to appoint the arbitrator. The arbitrator shall complete the arbitral proceedings as expeditiously as possible and his or her decision shall be final and binding on the parties and subject to no appeal.

The agreement arising from these Terms of Use and any applicable Terms & Conditions shall be governed by the laws of the Republic of South Africa.
Privacy Policy for Tokiso

Introduction

We take your right to privacy seriously and want you to feel comfortable using our web site. This Privacy Policy deals with personally identifiable information (referred to as "Data" below) that may be collected by us on our site. This Policy does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control. Please take time to read our Terms of Use.

1. Collection of Data

Our registration process requires only a valid e-mail address and a unique user ID and password. Providing us with other information is at your option. Please take note that your user name, e-mail address, or other submissions that you make on this site may contain your real name or other personally identifiable information and, as a result, may appear on this site. Like many web sites, we may also automatically receive general information that is contained in our server log files such as your IP address and cookie information. Information about how advertising may be served on this site (if at all) is set forth below.

2. Use of Data

We may use Data to customize and improve your user experience on this site. We will make efforts so that your Data will not be provided to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service provided on our site requires the interaction with or is provided by a third party, by way of example an Application Service Provider; (iv) pursuant to legal process or law enforcement; (v) we find that your use of this site violates our this Policy, Terms of Service, other usage guidelines or as deemed reasonably necessary by us to protect our legal rights and/or property; (vi) or (vi) this site is purchased by a third party whereby that third party will be able to use the Data in the same manner as we can as set forth in this Policy. In the event you choose to use links that appear on our site to visit other web sites, you are advised to read the privacy policies that appear on those sites.

3. Cookies

Like many web sites, we set and use cookies to enhance your user experience, such as retaining your personal settings. Advertisements may appear on our web site and, if so, may set and access cookies on your computer and is subject to the privacy policy of those parties providing the advertisement. However, the companies serving the advertising do not have access to our cookies.

4. Editing or Deleting Your Account Information

We provide you with the ability to edit the information in your user account information that you provided to us in registration by using your personal details area. You may request deletion of your user account by contacting our webmaster. Content or other data that you may have provided to us and that is not contained within your user account, such as posts that may appear within our forums, may continue to remain on our site at our discretion even though your user account is deleted. Please see our Terms of Use for more information.

5. Changes to this Privacy Policy

We may make changes to this Policy from time to time. We will notify you of substantial changes to this Policy either by posting a prominent announcement on our site and/or by sending a message to the e-mail address you have provided to us that is contained within your user settings.

6. NO GUARANTEES

While this Privacy Policy states our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.

7. Contact Information

If you have any questions about this Policy or our web site, please feel free to contact our webmaster.