Hello everyone. The Tunio website is avaiable "As Is".
Until we afford good lawyers that will draft the terms and conditions, please know that you are using this website at your own risk.
If you continue to use this website, then know that you are accepting that you do so completely at your own risk and will not hold us, in any way, accountable.
We will try our best to protect your information. If you don't agree with these terms, DO NOT USE THE PLATFORM.
The Terms and Conditions below were created using a template generator, and only serve as a guideline. The above statements hold true beyond the guideline Terms and Conditions below.
TERMS & CONDITIONS
At Tunio we respect the privacy of our users (“user, you, your"). Below are the terms & conditions of how we at Tunio collect and use a user’s personal information.
The user agrees to use Tunio (“website, Website, site, mobile application”), its services, content and terms and conditions in accordance with the law and public order. It is compulsory to use Tunio in a proper and lawful way.
Tunio is an online media marketing platform in the music industry which articles and comments on urban culture, DJs, musicians and music in South Africa and generally; and promotes South African music, DJs, musicians, and music, DJs and musicians, generally; and whereby users are able post and/or upload and share their own personal opinions, photos, videos, music (all of which are referred to in these terms as “content” or “information”) and interact with other users.
The services available on Tunio are free of charge to users.
Tunio is available to individuals of all ages.
Tunio may, in its sole discretion refuse to offer its services to any person and change its eligibility criteria at any time.
Tunio is open to individuals of all ages. It is accessible to people both locally and internationally. You may not use this Website and/or mobile application in violation of South African export laws and regulations. If you access this Website and/or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws.
REGISTRATION AND DATA COLLECTION
We may collect certain of your personal and other information on and or through using our website and/or mobile application on or through you signing up.
If you access Tunio through your Facebook account you allow Tunio to access basic information and/or information provided by you at any given time. Such information includes but is not limited to your profile information, first name, last name, e-mail address, location Profile picture, Gender and Facebook ID. If agreed to by you through the Facebook sign-up process, Tunio can post on your wall on your behalf. If you choose not to agree, you can sign-up to Tunio through other means such as Twitter and/or directly on the website, using the Tunio sign-up form.
If you choose to sign-up via Twitter, you allow Tunio to read your publicly accessible Tweets, see who you are following and post Tweets on your behalf.
If you choose to sign-up directly on Tunio, you will be required to provide Tunio with the information displayed on the initial sign-up page including your personal information such as name, surname, e-mail address, contact information, etc. We collect this personal information in order to ensure we deliver the best possible service to you and that we can contact you for reasons including competition draws, third party and brand contact as well as to improve the use of our services for you the user.
Tunio will not give personal data that you the User has provided, to any third party, except where you have agreed to the sharing of such information or in such instances that we are legally obliged to do so. SHOULD YOU CHOOSE TO POST/PUBLISH INFORMATION ON OUR SITE AND/OR MOBILE APPLICATION AFTER YOU HAVE CREATED YOUR ACCOUNT YOU UNDERSTAND AND ACKNOWLEDGE THAT THIRD PARTIES MAY SHARE/ RE-PUBLISH SUCH INFORMATION ON A VARIETY OF PLATFORMS SUCH AS TWITTER, FACEBOOK, PINTEREST AND OTHER SIMILAR SOCIAL SHARING NETWORKS. Please see our disclaimer for liability in the paragraphs below relating to such posts/publications.
To exercise your rights of access, rectification, opposition or cancellation, please email Tunio at email@example.com. Please also see the paragraphs below. relating to deletion or closing of your account should you wish to do so.
It is possible that data provided to Tunio is stored in search engines such as but not limited to Google. Tunio is not held responsible and is excluded from all liability for any information exposed by any of the search engines.
In order for Tunio to stay in touch with users and keep users informed, Tunio partakes in social networks such as Facebook, Twitter and Instagram, therefore it is possible for an image to be viewed through these social networks using the links to Tunio, shown in the pictures uploaded.
USE OF TUNIO SERVICE
The user owns all content and information that the user posts on Tunio. The user ensures they are not infringing any copyright and/or intellectual property rights of a 3rd party by posting or uploading such content or information. The user is personally responsible for all information uploaded to their personal profile and the legitimacy of it.
The User agrees not to:
Use a false name or identity or a name or identity that a user is not authorized to use;
Use or post/publish/upload content that embarrasses, threatens or harasses any other person;
Use or post/publish/upload content that includes sexually explicit photographs or other content, which is offensive or harmful to any minor or adult;
Use or post/publish/upload content that promotes actions, attitudes or thoughts on discrimination because of a person’s race, national origin, religion, ethnicity, gender, sexual orientation, disability, age or other condition;
Use or post/publish/upload content that promotes criminal, or violent actions contrary to the law and generally accepted principles of public order;
Use or post/publish/upload content that contains any unsolicited advertising, or promotional materials;
Use or post/publish/upload content that violates any law or government regulation;
Use or post/publish content that is not original
Use or post/publish/upload content that may infringe the intellectual property rights of third parties without the User obtaining the owner’s consent to carry out their use;
Use or post/publish/upload content that distributes software or other content in violation of any license agreement;
Use or post/publish/upload content that contains viruses that may damage the normal operation of the website, network, system, or computer equipment of Tunio, third parties, or other Users.
Access content using programs, facilities or procedures other than the ones at their disposal for this purpose;
Collect, harvest or otherwise obtain “Personal Information”, as this term is defined in the Promotion of Access to Information Act 2 of 2000 (as amended), relating to other users;
Create, store and/or send unsolicited commercial communications;
Conduct any fraudulent activity including any “pyramid scheme”, “ponzi scheme” or “chain letter”;
Violate any operating rule, regulation, procedure, policy or guideline of Tunio as published on the website and/or mobile application;
Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
Decompile, disassemble or reverse engineer any portion of the Website and/or mobile application;
Collect service listings, descriptions or other information displayed on the Website and/or mobile application;
Write and/or develop any derivative of the Website or any other software program based on the Website and/or mobile application;
Adapt, modify or enhance the Website and/or mobile application. In the event of a user effecting any adaptation(s), modification(s) or enhancement(s) to the Website and/or mobile application in breach of this clause, such adaptation(s), modification(s) and enhancement(s) shall vest exclusively in Tunio and such user hereby assigns all rights in and to, and waives any and all claims, interest, moral and other rights in and to, such adaptation(s), modification(s) and enhancement(s), which assignment Tunio accepts;
Without Tunio’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website and/or mobile application to persons other than the user;
Remove any identification, mark, trade mark, copyright or other notices from the Website and/or any personalized item, it being specifically recorded, acknowledged and agreed that trademarks proprietary to or licensed to Tunio will automatically be incorporated in all user profiles;
Establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”), to the Website and/or mobile application or any subsidiary pages;
Use the Website and/or mobile application or any personalized item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programs or other harmful programs;
Penetrate or attempt to penetrate the Website’s and/or mobile application security measures.
Tunio does not make any representations or give any warranties, whether express or implied, in respect of the applications and/or any information, data and/or content provided on this Website and/or mobile application including without limitation, any representations or warranties as to the accuracy, completeness, lawfulness, reliability, performance, satisfactory quality, fitness for a particular purpose of any information, data and/or content on the Website and/or mobile application, including without limitation Tunio does not warrant that the Website and/or mobile application content, information or downloads will be free from errors or omissions or that they shall meet any particular criteria of performance or quality or be fit for any particular purpose.
Without prejudice to any rights of Tunio, arising from any other provision of these Terms, the User hereby gives Tunio, its proprietors, offices, directors and employees an indemnity against and shall hold them harmless from all claims, liability, damage, loss, penalty, expense and cost (including legal costs on an attorney and own client scale) of any nature whatsoever which Tunio, its proprietors, offices, directors and employees may sustain as a result of or attributable to a breach by the User or any other failure by the User to strictly observe or adhere to any of the provisions detailed in clauses 1 to 26, above.
In the event of Tunio, its proprietors, offices, directors and employees suffering or paying any loss, damage, liability, cost, charge, expense, payment or penalty to which any representation, undertaking, warranty or indemnity relates, the User will forthwith upon such amount being determined pay to Tunio, its proprietors, offices, directors and employees (as the case may be) an amount equal to such loss, damage, liability, cost, charge, expense, payment or penalty.
SHARING ON SOCIAL NETWORKS
The main purpose of Tunio is commenting on urban culture, DJs, musicians and music in South Africa and generally; and promoting South African music, DJs, musicians, and music, DJs and musicians, generally. Therefore, uploading/publishing/posting content to Tunio and sharing same on social networks, blogs, other websites and mobile applications, as well as in other media, is fundamental to the objective of Tunio website and/or mobile application.
USERS MUST THEREFORE BE AWARE THAT WHEN POSTING YOUR CONTENT AND/OR INFORMATION ON OUR SITE THROUGH ANY METHOD, YOU ARE GIVING ACCESS TO THIRD PARTIES WHO MAY VIEW YOUR PROFILE AND INFORMATION, OR EVEN PUBLISH IT AND SHARE ITS CONTENT ON OTHER WEBSITES, BLOGS AND/OR SOCIAL NETWORKS. Tunio is not responsible for the privacy practices or content of these third party websites or software.
Content posted/published/uploaded by Users can be removed at any time. All information and content provided by the User on Tunio will be removed when the User removes him/herself from Tunio Website and/or mobile application. The publication of photographs showing people other than the User is prohibited.
As the user is held liable for the content and information they upload on Tunio, the user guarantees that they are posting/publishing/uploading in accordance with the these Terms and further that he/she owns the rights to the Intellectual Property ("IP") in and to the content and information, that is provided to Tunio, including copyright (including photographs/videos), trademark, design, trade secrets and any other such IP. Through the posting/publishing/uploading of such content or information to their account, the user gives Tunio a non-exclusive license for free for as long as Tunio so requires, to use, copy, display and distribute any IP content through the Website, the mobile application and other websites and mobile applications. This license allows Tunio to enable users “posts/published/uploaded content” to be available to users of similar type platforms as Tunio (nationally and internationally), so that they can gain informed balanced views of any aspect contained on the Tunio website. The user remains the sole owner of this content which can be deleted easily, at any given time. The license expires when the IP content or the user’s account is deleted.
DISCLAIMER OF OUR LIABILITY FOR THE USE OF TUNIO
TUNIO CANNOT CONTROL NOR BE HELD LIABLE FOR THE TRUTHFULNESS, ACCURACY, COMPLETENESS RELIABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS AND LEGALITY OF THE INFORMATION AND CONTENT YOU UPLOAD. WE FURTHER DO NOT ACCEPT RESPONSIBILITY AND MAY NOT BE HELD LIABLE FOR THE CONTENT OR INFORMATION PUBLISHED ON THE SITE BY A USER. If it comes to our attention that a user is abusing the site by posting content or information listed above including unlawful content or information that may be harmful, degrading, defamatory, pornographic or the like, or such content or information that may infringe on any of these Terms such as the posting/publishing/uploading of protected information under any legislation or content or information that infringes intellectual property rights of a third party, Tunio will be entitled, in its discretion, to immediately withdraw the user's account and reserves the right to report such abuse to the relevant authorities.
Should you become aware of another user infringing any of these terms and conditions including the publishing of harmful or unlawful content or information and or infringing your rights of that of a third party please report this content or information immediately to us on firstname.lastname@example.org. We will remove offensive, defamatory or offensive comments or content once we are aware of the existence of such content. Should you become aware of a user posting/publishing/uploading such content or information please report this to email@example.com
Tunio requires that users agree to these end user license agreement terms ("EULA") which make it clear that there is no tolerance for objectionable content. Tunio has provided users with an option to flag/report any objectionable content that is inappropriate and offensive. Tunio will act with regard to objectionable content reports and will act within 48 hours by removing the offending content. The determination of whether content is objectionable or offensive will be in the sole discretion of Tunio.
Tunio will eject from the further use of the website, any users who violate Tunio’s Terms.
Tunio is further in no way responsible or liable for the content or views expressed by a User on the website or mobile application. We also do not guarantee that other users use the services and content in compliance with these Terms. We further do not guarantee the accuracy of the content or information that users provide about themselves on their profile. We cannot be held liable and we accordingly exclude any liability any loss and/or for damages of any kind that may result from the use of the services on this Website and/or use of content by users that may be due to lack of accuracy, validity or authenticity of the content or information that users provide to us, in particular but not limited to, for damages of any kind that may be due to the impersonation of a third party by a User in using the services provided through our website and/or mobile application or the re-posting/publishing/uploading of such content or information on a third party service by users as well as people not belonging to the website.
Tunio reserves the right to withdraw from Tunio website and/or mobile application, all the content that is inconsistent with these Terms and/or current legislation. In no event shall Tunio be required to justify the removal of content from the websiteTunio and Tunio shall not attract any liability whatsoever in doing so. Tunio reserves the right to remove any content that may be regarded as a joke, mockery or parody of third parties. INTELLECTUAL PROPERTY, including all trademarks, trade names, logos and logotypes that appear on Tunio are property of Tunio or third parties. Content that is the Intellectual Property of Tunio or third parties may not be understood as being granted to the User. The only intellectual property rights that are permitted to the User are those that are inherent in using the services of Tunio. In any case commercial use is prohibited.
CLOSING AND DELETION OF YOUR ACCOUNT
SHOULD YOU WISH TO CLOSE YOUR ACCOUNT, YOU MAY DO SO AT ANY TIME BY CHOOSING THE DELETE PROFILE OPTION IN THE EDIT PROFILE SECTION. SHOULD YOU CHOOSE TO DO SO, YOU UNDERSTAND THAT ALL INFORMATION YOU HAVE ADDED, DURING REGISTRATION TO DATE OF DELETION, INCLUDING ALL PICTURES, COMMENTS, ARTICLES, MUSIC AND INFORMATION ASSOCIATED WITH YOUR ACCOUNT WILL ALSO BE DELETED. IT IS IMPORTANT TO NOTE THAT THIS INFORMATION WILL NOT BE RECOVERABLE AFTER CHOOSING TO DELETE YOUR ACCOUNT.
You shall no longer receive any further communications from Tunio when you close your account. You will only receive communications from third parties to whom you have given permission to contact you. You will need to unsubscribe from sponsor communications programs directly with each third party.
We reserve the right to delete any account for any of the following reasons. The reasons below are examples only and are not intended to be an exhaustive list. There may be other reasons for us to delete an account:
Users who provide false information;
Users who spread false accusations and defamatory comments about Tunio;
Users who purposefully try to harm the Tunio website and/or mobile application and act maliciously while logged in;
Users who infringe or intentionally disobey or disregard any of the Terms.
WARRANTIES, DISCLAIMERS AND LIABILITY
Tunio does not guarantee the availability and continued operation of its services. Whenever possible, Tunio provides warnings prior to disturbances that might occur in the functions of the site and its services.
Users understand and agree that use of Tunio and its services is at their own discretion and risk and the user will be solely responsible for any damages that arise from such use.
Tunio its officers, affiliates, shareholders, directors, agents, consultants or employees shall not be liable for any direct, indirect, special, secondary, consequential or corrective damages of any kind, or damages that may relate to use, misuse, reliance on, inability to use and interruption, suspension or termination of the site that may be owing to lack of accessibility or continued function of Tunio and its services or to the failures in access to different web pages that constitute Tunio.
Tunio is not liable for and does not guarantee the absence of viruses or other features in the services provided by third parties through Tunio that may cause modifications in the User’s computer system.
Tunio does not guarantee the accuracy of the information that you or other users provide about themselves on their profile.
We are in no way responsible for the content you choose to post/publish/upload on your account and should this content infringe any rights of a third party (Including Intellectual Property, civil and or criminal) and/or cause a third party damages in anyway, we will on notification of such infringement immediately be entitled, in our discretion, to suspend and/or cancel your account. We shall in no way be held liable and thereby exclude our liability in total (as stated above) for any actions arising out of posts/publication/uploads or re-posts/publication/uploads by any person and/or user including but not limited to actions for damages, loss, consequential loss and/or any criminal and or civil sanctions arising directly and/or indirectly to these third parties, for any “re-posting/publishing/uploading” of such information by any other third parties or by yourself, of any information and you accept sole responsibility for any and all damages and/or harm arising out of posts/publications/uploads you make on the website, including but not limited to any criminal and or delictual actions arising out of any posts/publications/uploads and/or re-posts/publication/uploads. You hereby indemnify us and our officers, affiliates, shareholders, directors, agents, consultants or employees fully for any claims that may be made against Tunio and its officers, affiliates, shareholders, directors, agents, consultants or employees arising out of the aforegoing.
This Website and/or mobile application is controlled, operated and administered from Tunio's offices within the Republic of South Africa and Tunio therefore makes no representations that the content of the Website is appropriate or available for use in other locations or countries. You may not use this Website and/or mobile application in violation of South African export laws and regulations. If you access this Website and/or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws.
Tunio is focused on protecting the personal data of its users. In the user registration process, a user must choose a password. Each user is responsible for maintaining the confidentiality of their password. The user agrees to notify Tunio as soon as possible with the unauthorized use of his/her username and/or password or any other breach of security. Tunio shall not be held liable for any damage or loss associated with non-fulfilment of this obligation on the user's part.
When you visit our website or use our services, you may submit personal information to us. Personal content or information collected or processed by us is stored on our servers, which are located in the United States of America. By submitting personal information on our website and/or mobile application or to your account, you explicitly consent to trans-border transmission of the content or information.
We have implemented generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, alteration or destruction.
DISCLOSURES REQUIRED BY LAW
Tunio reserves the right to disclose a User’s personal information when it believes that an applicable law, regulation, or legal process requires it, or when Tunio believes disclosure is necessary to protect Tunio's rights or the rights of another user.
Tunio owns Tunio site and Tunio mobile applications.
ADVERTISING AND COMMUNICATION FROM TUNIO AND THIRD PARTIES
Tunio may use your information and contact data, as voluntarily submitted by you on registration and/or through your use of the website, in order to send you own or third-party communication that may be of interest to you, the user. Tunio will send you such direct communication about the services of other platforms:
In the urban culture and music sectors;
Only in the event that you have requested the sending of advertising by checking the appropriate boxes and replying to relevant mails; and
Subscribing to our newsletter services on registration.
In order to provide offers, products or services of your interest, we will proceed to analyze the information provided by you in your profile to provide information only in accordance with your interests. The agreement to receive such communication implies your consent for the processing and analysis of the data you provided in your profile.
It is noted that you may modify the sending of Tunio commercial communications by unsubscribing to this via the communication platform or through your online account whereby you may control sending, or cancel or apply, by emailing to firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS OF TUNIO
The Tunio site, mobile applications, their properties including but not limited to their trademarks, logo, copyright which includes but is in no way limited to source code, design, software, algorithms, architectires and any patents are owned by Tunio as their Intellectual property and Tunio has full ownership rights to such property. The use of Intellectual Property of Tunio or third parties may not be interpreted as anything other than right of use being granted to the User. The only intellectual property rights that are permitted to the User are inherent in using the services of Tunio. Commercial use of intellectual property belonging to Tunio is strictly prohibited.
COPYRIGHT INFRINGEMENT NOTIFICATION
To file a copyright infringement notification with us, please send us an email containing the following requirements:
The URL of the alleged content;
Identification of the copyrighted work claimed to have been infringed, including the name of the person/company/party holding the copyright, or the name of the person/company/party that has been authorized to represent the holder of the copyright;
An e-mail address, under the agreement to allow Tunio service provider to disclose to the person who posted the work, as an efficient mode of contact between the parties toward settlement;
An affidavitthat the use of the material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, that the claim is not deceptive or false, that the person claiming the deletion of the alleged work is the holder of the copyright, or an authorized representative with the right to act on behalf of the exclusive right.
Except as explicitly stated otherwise, any notices shall be given by email to email@example.com. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.
Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid.
You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
COMPLIANCE WITH SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002 (“ECTA”)
In compliance with the section 43(1) of the ECTA, the following is noted:
full name and legal status – DUELLA (Proprietary) Limited is a private company which owns www.tunio.co.za ("Tunio");
physical address and telephone number - 1 Mark Shuttleworth Street, Pretoria, Gauteng. 0125160001;
web site address and e-mail address - firstname.lastname@example.org and email@example.com;
membership of any self-regulatory or accreditation bodies to which Tunio belongs or subscribes – not applicable;
any code of conduct to which that Tunio subscribes and how that code of conduct may be accessed electronically by the consumer – not applicable;
registration number - 2018/553905/07 , registered in the Republic of South Africa;
address for legal service of documents - 1 Mark Shuttleworth Street, Pretoria, Gauteng. marked for the attention of the Chief Executive Officer;
services offered by Tunio – online media marketing platform in the music industry which articles and comments on urban culture, DJs, musicians and music in South Africa and generally; and promotes South African music, DJs, musicians, and music, DJs and musicians, generally; and whereby users are able post and/or upload and share their own personal opinions, photos, videos, music (all of which are referred to in these terms as “content” or “information”) and interact with other users;
full terms of agreement are as set out in these Terms;
a record of transactions between Tunio and the user are available to the user for so long as the user remains registered as a user with Tunio;
alternative dispute resolution processes – not applicable;
Tunio subscribes to the terms of the Protection of Personal Information Act number 4 of 2013 (as amended).
These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
This Website is controlled, operated and administered by Tunio from its offices within the Republic of South Africa. Tunio makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
Tunio’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Tunio.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
These Terms set forth the entire understanding and agreement between Tunio and you with respect to the subject matter hereof.
Should you have any complaints about any aspect of the Website and/or mobile application or if you have any questions or would otherwise like to provide any other feedback please contact Tunio via email:
General Contact: firstname.lastname@example.org
Support queries: email@example.com
Advertising queries: firstname.lastname@example.org
www.tunio.co.za is the property of DUELLA PTY LTD.