Updated: 10 May 2020
Key Definition of Terms
a) Stulo App:
“Stulo App” refers to the mobile software application which enables you to select order and pay for products.
It also includes any “app” or other product, material or thing offered by us on our Website, including supporting material, in hard or soft copy, and whether or not bought by you. A reference to “Stulo” shall be a reference to all or part of the Stulo App or website.
“Service” refers to the service we provide to you through our Stulo App or website.
“Content” refers to the visual, audio or textual contents that are encountered by you through the use of the Stulo App/Website. It may include items such as : texts, images, sounds, videos as well as animations. It includes content Posted by you and all of the content provided by Sellers to promote and showcase sales of the Products.
The terms “you,” “user” and “users” refer to all individuals and other persons who access or use our Website, Software, and/or Services, including, without limitation, any companies, organizations or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents or representatives.
e) Copy or Publish:
“Copy or Publish” with reference to Stulo’s App or website refers to the cloning or publishing as a whole or in small parts, using any means, in any medium. It includes tampering or any other change or use as part of a software not belonging to Stulo Technologies (Pty) Ltd.
“Device” refers to any device, electronic application or electronic receiving device. (Computers, phones, laptops, tablets, etc.)
License refers to a licence for usage of the Stulo App, permitted by us to you in the terms of this agreement.
h) Our Website:
“Our Website” or "website" refers to any website/service designed for electronic access or use by mobile or fixed devices which is owned, operated and built by us. It includes all of the hardware and software installations that enable Our Website to function.
“Post” refers to the placing on or into our website, the Stulo App or any our social media platforms of any content or material of any sort by any means.
“Products” refers to any product offered for sale on the Stulo App and the website, through any means of technology.
“Seller” refers to an individual or organisation whose Products we offer for sale through the Stulo App/website.
“Software” refers to the software which makes up the Stulo App or which provides any electronic function which supports the use and functioning of Stulo’s App.
l) User Content:
User content” refers to all the content in which users post such User ratings and review, etc.
Through access or usage of our website which is located at the domain stulo.co.za by:
- installing or using the Stulo App or any other software supplied by Stulo Technologies (Pty) Ltd ;
- clicking on a link or taking common measure to signify your affirmative acceptance of this Policy;
- or completing the Stulo account registration process;
You hereby state that:
- You have read, understood, and agreed to be bound by this policy and any future amendments and additions to this policy as published from time to time at Terms or through the Services;
- You are of legal age in your jurisdiction to be granted permission to be a binding contract with Company; and
- You have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization or other legal entity you have named as the user during the Stulo App account registration process and to bind that company, organization or entity to the Agreement. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Website, the Services, or the Software.
Changes to this policy
We may make changes to this Policy from time to time by posting an updated version on our Website and the Stulo App. The updated version will apply to Visitors with effect from the time we post it. However we will provide Customers with at least 60 days’ prior notice of any such revision by posting notice of the amendment on the Website. The update will then apply to customers with effect from the date indicated by Stulo Technologies (Pty) Ltd, provided that if you are a Customer and you are not happy with the changes made, it is advised that you should stop using the Website and the Stulo App. You may request for us to deactivate your Stulo Account. The same applies if you are a Stulo Seller.
Stulo Technologies reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Website, Software or Services at any time, effective upon posting of an updated version of this Agreement on the Website or Software. You should regularly review this Agreement, as your continued use of the Services after any such changes entails your agreement to such changes.
The Company uses a network of independent third-party delivery personnel (Stulo Runners) who provide delivery items such as groceries, liquor and un- prescribed pharmaceuticals to our customers. It is up to each Stulo Runner to provide such delivery services. The Food, Liquor, Grocery and Pharmaceuticals Service Providers available through our Services ("Service Providers”) also operate independently of the Company. Stulo Technologies (Pty) Ltd will not assess the suitability, legality or ability of any Stulo Runner or Food, Grocery, Liquor, and pharmaceutical Service Providers. Stulo Technologies (Pty) Ltd is not responsible for the Food, Liquor, Grocery and Pharmaceuticals Service Providers’ food preparation or safety and does not verify their compliance with applicable laws or regulations. Stulo Technologies (Pty) Ltd has no responsibility or liability for acts by any third-party Food Service Provider or Stulo Runner, other than as stated herein.
User Representations, Warranties and Covenants
By using the Services, you expressly represent and warrant that you are legally obligated to enter this Policy. Your usage of our Services is for your sole, personal or internal business use. When using the Services, you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present whilst using the Services. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct and appropriate Software for your device. Stulo Technologies (Pty) Ltd is not liable if you have an incompatible device or if you have downloaded an incorrect version of the Software for your device. The Company reserves the right to terminate your use of the Software and/or Services should you be using the Software or Services with an incompatible or unauthorized device. By using the Services, you agree that:
- You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful or unethical material or for deceptive or fraudulent purposes.
- You will not use the Services to insinuate disruption, annoyance or inconvenience.
- You will not use the Services provided, or content that can be accessed through the use of Services offered by Stulo Technologies (Pty) Ltd, for any commercial purposes, including but not limited to contacting, advertising to, soliciting or selling to, any Food, Liquor, Grocery and Pharmaceuticals Service Providers, user or Stulo Runner, unless Stulo Technologies (Pty) Ltd has given you permission to do so in writing.
- You will not clone or distribute the Software or any content displayed through the Services without prior written consent from Stulo Technologies (Pty) Ltd.
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, non-commercial usage.
- The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
- You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
- You will only use the Services for your own personal use and will not resell either the Software or Services to a third party.
- You will not use the Website or Software in any way that could impair, harm, disable, any Company server, or the networks connected to any Company server.
- You will not attempt to gain unauthorized access to any part of the Website and/or to any service, account, resource, computer system and/or network connected to any server belonging to Stulo Technologies (Pty) Ltd.
- You will not deep-link to the Website or access the Website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any contents of the Website or any software linked to the Website, unless Stulo Technologies has given you permission to do so in writing.
- You will not copy any content displayed through the Services provided by Stulo Technologies (Pty) Ltd, including but not limited to Food Service Providers’ menu content and reviews, for republication in any format or media.
- You will not conduct any systematic retrieval of data or other content from the Website, Software or Services.
- You will not try to harm other Users or Stulo Technologies (Pty) Ltd, the Website, Software or Services by any means.
As a user of the services of Stulo Technologies (Pty) Ltd, you are only allowed to access accounts that have been registered by you through the Stulo App or through our website. As a user, you will be personally responsible for all activities that occur under your password or account, unless Stulo Technologies (Pty) Ltd deems it otherwise. You will ensure that you check your account regularly to prevent use from potential hackers, or from any other individual/entity that wants to use your account. The transfer of user accounts to other entities or individuals is forbidden. It is your responsibility to notify Stulo Technologies (Pty) Ltd if you suspect someone is using your account by any means. Deceiving Stulo Technologies (Pty) Ltd in terms of reporting suspicious activity on the website/Stulo App, will, at the discretion of Stulo Technologies (Pty) Ltd, will result in the suspension or termination of your user account, and may ban the customer from using the services provided by Stulo Technologies (Pty) Ltd.
a) User Content:
Stulo Technologies (Pty) Ltd may offer ways for you to be interactive with our website or the Stulo app through the Services, which includes the ability to post User ratings and reviews. All the content the user submits, posts, or transmits through the services offered through Stulo Technologies (Pty) Ltd are owned by you. From the moment you use our services, you grant Stulo Technologies (Pty) Ltd to use or dispose of user content in connection with Stulo Technologies (Pty) Ltd. The customer will not be able to withhold content or demand any form of payment from Stulo Technologies (Pty) Ltd. to use the content posted, transmitted or submitted by you as a user. Stulo Technologies (Pty) Ltd will not be obliged to notify users about using their user content. You further grant Stulo Technologies (Pty) Ltd a license to use your username and/or other User profile information, and content posted by the user such as ratings history without the approval from you.
Any feedback given by you as the user is down by you at your own risk and discretion. Stulo Technologies (Pty) Ltd will not be obliged to make your feedback by any means in terms of confidentiality. As a user of the services provided by Stulo Technologies (Pty) Ltd, you have all rights necessary to submit the feedback and will have no means to withhold content or demand any form of payment from Stulo Technologies (Pty) Ltd.
c) Ratings and Reviews:
Intellectual Property Ownership
- Stulo Technologies (Pty) Ltd together with third parties (Where applicable) will be entitled to all rights in terms of intellectual property rights within the website, software and all services.
- This policy does not in any way symbolize a sale between you and Stulo Technologies (Pty) Ltd, and/or its intellectual party, content, software, or services owned by Stulo Technologies (Pty) Ltd and third parties.
- Users are not entitled to the Intellectual property owned by third parties or Stulo Technologies (Pty) Ltd displayed on the website or Stulo App.
- By agreeing to this document you are responsible to not take, remove, or tamper with any information from the Stulo Technologies (Pty) Ltd website, software and any intellectual property owned by Stulo Technologies (Pty) Ltd and third parties associated to the website, The Stulo App, software and any other items that are involved with those items.
Financial information relating to your credit card
Financial information relating to your credit card or any bank card will be kept by third party payment service providers. Stulo Technologies Pty (Ltd) will only keep a token associated with your card details on our servers’ storage. Authorised staff will be the only personnel to access information brought by you when it comes to means of payment. When we ask you financial information for any reason, we will ensure your information is not exposed by asking partial questions that you should only know.
Prices displayed on the website and Stulo App may differ from the prices displayed on Third Party website or platforms. Stulo Technologies (Pty) will not be obligated to show profit margins, or state why prices differ. The currency that Stulo Technologies (Pty) currently uses is the South African Rand (ZAR).
Stulo will have many payment options such as:
- Credit Card- Visa, Masters Etc.
- Virtual Stulo Loyalty card
The services which Stulo Technologies (Pty) Ltd offers to its users may contain links to Third-Party Websites, Applications and Advertisements. When you click on a link to one of the link mentioned previously, Stulo Technologies will not mention or inform you that you have entered in to one of the Third-Party’s links (Websites, Applications and Advertisement. You will be subject to the terms and conditions, or any other Policy or polices belonging to a third party’s website, application or advertisement. Stulo Technology is not by any means in control of Third Party’s Websites, advertisements, software and applications. Stulo Technologies provides these third-party websites and advertisements only as tool to build their brands, and not to represent in any manor the websites, advertisements, or their products or services. You as the user will enter the third-party websites at your own risk.
As a user of the services and software of Stulo Technologies (Pty) Ltd, you acknowledge and agree that the availability of the Stulo App depends on IOS and Android Stores. This agreement does not involve in anyway these app stores, but involves you, the user and Stulo Technologies (Pty) Ltd. Stulo Technologies (Pty) Ltd is solely responsible for the software, services, content and the Application that is associated with Stulo Technologies (Pty) Ltd, as well as any complaints, grievances, and intellectual property infringement that is associated with Stulo Technologies (Pty) Ltd. App Stores are beneficiaries of this agreement. Due to the fact that individuals download the Stulo App off these stores, individuals will be entitled to comply with the applicable third- party’s terms and condition when using the Stulo App. Users must have access to some of internet in order to use the applications. By using the Application you agree to pay all fees associated with the usage of the application.
At Stulo Technologies (Pty) Ltd, we have a No sales to under 18’s policy. All users who order any alcoholic products on the website or the Stulo App must be over the age of 18, and all individual may be asked for their Identification if they have ordered alcohol.
Users will provide Stulo Technologies (Pty) Ltd information about themselves/businesses when registering or actively updating personal details in your account. Users who provide additional data will do so voluntarily either directly or indirectly by means of linking your Stulo account to other social media platforms such as Facebook, google, and Twitter. Your orders made on the website or Stulo App will be recorded by us.
Disclaimer of Warranties
AS A USER OF THE WEBSITE AND STULO APP, YOUR RIGHTS OF PRIVACY WILL BE PROTECTED AS BEST AS POSSIBLE, HOWEVER THE USE OF THIS WEBSITE, THE SOFTWARE, THE STULO APP, IS AT YOUR OWN RISK. STULO TECHNOLOGIES (PTY) LTD WILL NOT ACCEPT ANY LIABILITY FOR UNLAWFUL OR UNETHICAL DISCLOSURES OF YOUR PERSONAL INFORMATION, WHILST IN OUR POSSESSION, MADE BY ANY THIRD PARTY WHO IS NOT SUBJECT TO CONTROL. ALTERCATIONS OF THE WEBSITE MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. STULO TECHNOLOGIES (PTY) LTD IS NOT RESPONSIBLE FOR MAINTINING THE SECRECY OF YOUR PASSWORD AND ACCOUNT INFORMATION.
PERSONAL INFORMATION DISCLOSED BY YOU TO A THIRD PARTY, WHICH OPERATES A WEBSITE OR MOBILE APPLICATION TO THE SITES OR ANYONE EITHER THAN STULO TECHNOLOGIES (PTY) LTD AND THE STULO APP SHALL NOT BE LIABLE FOR ANY LOSS , DAMAGE OR INJURY SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. YOU AS A USER SHOULD ALWAYS ENSURE YOU READ THE PRIVACY NOTICE OF ANY THIRD PARY YOU INTERACT WITH.
The Stulo App, Our Website, software and services may be subject to certain crashes, bugs or other problems that may hinder Users’ ability to use access or communicate the Stulo App, Our Website, etc. Stulo Technologies (Pty) Ltd will not be liable for any delivery failures, delays or any economic damage resulting from such problems.
Users have the right to reliable, factual and understandable information about how Stulo Technologies (Pty) Ltd will use your information and rights. You will have the option to opt out of any marketing tools received by you. You will not be entitled to subscribe or follow anyone or anything. Users may choose to unsubscribe or opt out via the direct marketing association of South Africa or in other legally binding terms. You have the right to inform any regulatory Authority about how we process your information.
Non-personal can be regarded as the following information (i.e information that is not regarded as your personal information:
- Information that does not relate to you;
- Information that cannot be traced back to you;
- Statistics that are collected and complied by us that are not personal in nature;
- Information you have shared on public forums and platforms.
You consent to the processing of your personal information
You as the user, give permission for Stulo Technologies (Pty) Ltd to store, collect, disclose and process your personal information as described in this policy. De-registration or termination with Stulo Technologies (Pty) Ltd will result in you immediately giving permission to Stulo Technologies (Pty) Ltd to withhold information we have already gathered for record and statistical purposes.
THANKS FOR READING!
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