Tuyu Namibia Terms and Conditions

1. Introduction and Company Information

Tuyu Namibia is a business in the mobile application industry that provides a platform for connecting service providers with customers. This website is run by Future Homes and Computers (Close Corporation) based in Namibia trading as Future CC with registration number CC/2012/5855 and Flip de Bruyn (Member).

- Trading Name: Future CC

- Registration Number: CC/2012/5855

- Member: Flip de Bruyn

- Physical Address: 4 Kepler Street, Southern Industrial, Windhoek

- Email: info@futurecc.net

- Telephone: 081 162 2231

2. Acceptance of Terms

By using our services, you agree to these terms. If you do not agree to these terms, please do not use our services.

3. Delivery and Returns Policy

3.1 Delivery

• Subject to availability and receipt of payment, requests will be processed within 5 business days. Delivery is confirmed via email. For physical goods, delivery will occur via courier service, with costs communicated during purchase.
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3.2 Return and Refunds Policy

3.2.1 General

• The provision of goods and services by Tuyu Namibia is subject to availability. In cases of unavailability, Tuyu Namibia will refund the client in full within 30 days.

3.2.2 Cancellation

• Cancellation of orders by the client will attract a 10% administration fee.

3.2.3 Exceptions to Return

• As per the Electronic Transactions Act, certain goods such as foodstuffs, beverages, or other goods intended for daily consumption are not eligible for returns within the 7-day "cooling-off" period.

3.2.4 Digital Services

• Once a digital service has been delivered or access has been provided, no refunds will be issued unless mandated by Namibian law.

3.2.5 Return Procedure

• All return requests must be formally submitted through our returns portal within 7 days post-delivery, except for products exempted as mentioned above. Thorough check and documentation of goods provided are recommended to facilitate smooth transactions.

4. Export Restriction

The offering on this website is available to Namibian clients only.

5. Return and Refunds Policy

5.1 General Policy

• The provision of goods and services by Tuyu Namibia is subject to availability. In cases of unavailability, Tuyu Namibia will refund the client in full within 30 days.
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5.2 Cancellation Fees

• Cancellation by the client will attract a 10% administration fee.
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5.3 Goods Exempt from Return

• In accordance with the Electronic Transactions Act, returns may not be accepted for goods such as foodstuffs, beverages, or other goods intended for daily consumption. These exemptions should be clearly communicated to customers.
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5.4 Digital Services

• Refunds for digital services delivered or accessed are not permitted unless required by Namibian law.
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5.5 Returns Procedure and Verification

• Return requests must be formally submitted through our returns portal within 7 days post-delivery, except for exempted categories. Verification of return legitimacy may require photographic evidence or the return of goods in original packaging.
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5.6 Protection Against Exploitation

• Tuyu Namibia reserves the right to identify and limit return privileges for accounts demonstrating potential policy abuse, using return patterns and historical data.
• A cap on the number of returns within a specific timeframe may be instituted to prevent abuse.
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5.7 Dispute Resolution

• Any disputes arising from transactions or returns will be mediated through customer support, ensuring dialogues adhere to Namibian laws and aim for equitable resolutions.
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5.8 Notification of Policy Changes

• Tuyu Namibia reserves the right to update this policy as necessary. Notifications of changes will be made through electronic communication channels.

6. Customer Privacy Policy

Tuyu Namibia shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Namibian Data Protection Act (Note: As of the last update, Namibia was in the process of developing comprehensive data protection legislation. This policy will be updated to comply with the most current laws once enacted).

We collect, use, and protect your personal information in accordance with our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

7. Payment Options Accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Tuyu Namibia bank account, the details of which will be provided on request.

8. Card Acquiring and Security

Card transactions will be acquired for Tuyu Namibia via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

9. Customer Details Separate from Card Details

Customer details will be stored by Tuyu Namibia separately from card details which are entered by the client on DPO PayGate's secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

10. Merchant Outlet Country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is Namibia. Transaction currency is Namibian Dollar (NAD).

11. Responsibility

Tuyu Namibia takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

12. Country of Domicile

This website is governed by the laws of Namibia and Tuyu Namibia chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 4 Kepler Street, Southern Industrial, Windhoek.

13. Variation

Tuyu Namibia may, in its sole discretion, change this agreement or any part thereof at any time without notice.

14. Specific Services

14.1 Subscription Service

14.1.1. The Subscription service provides a listing of the client name and logo on the main Tuyu app.

14.1.2. Tuyu does not guarantee any sales or specific level of visibility for clients through the app.

14.1.3. Subscription fees are non-refundable, regardless of the client's satisfaction with the results.

14.1.4. Clients are responsible for maintaining and updating their listing unless otherwise agreed in writing.

14.1.5. Tuyu reserves the right to remove or modify any listing that violates our content policies or legal requirements.

14.2 Video Marketing Feature

14.2.1. Participation in Tuyu's video marketing is at Tuyu's discretion and subject to availability.

14.2.2. Clients featured in video marketing have no ownership rights to the produced content.

14.2.3. Tuyu reserves the right to use and distribute the video content indefinitely without additional compensation.

14.2.4. Fees for this service are non-refundable once the video production process has begun.

14.2.5. Tuyu is not liable for any perceived negative impact resulting from the marketing materials.

14.3 Premium Placement ("To be Featured on Top of the App")

14.3.1. Premium Placement is subject to a non-refundable monthly subscription fee.

14.3.2. Placement is not guaranteed and may rotate with other premium subscribers.

14.3.3. Tuyu reserves the right to reject or remove any banner that does not meet our quality standards or violates our policies.

14.3.4. Clients are responsible for providing a banner that meets Tuyu's specifications. Failure to do so may result in the service not being rendered, without refund.

14.3.5. Changes to banners may incur additional fees and are subject to Tuyu's approval process.

14.4 Brand Identity Creation

14.4.1. The Brand Identity Creation service is a one-time, non-refundable fee.

14.4.2. Tuyu will provide up to two rounds of revisions. Additional revisions will incur extra charges.

14.4.3. Final deliverables are subject to Tuyu's approval to ensure they meet platform standards.

14.4.4. Tuyu retains the right to use created designs for portfolio and marketing purposes.

14.4.5. Clients receive non-exclusive rights to the created brand elements for use on Tuyu and their own marketing.

14.5 Product/Service & Venue Photoshoot

14.5.1. Photoshoot services are non-refundable once scheduled.

14.5.2. Rescheduling with less than 48 hours notice will incur an additional fee.

14.5.3. Tuyu retains the right to use photos for platform marketing purposes.

14.5.4. Clients receive non-exclusive rights to use the photos for their own marketing purposes.

14.5.5. Tuyu is not responsible for any perceived inadequacies in the final photos if they meet professional standards.

14.6 Google Business Profile Creation

14.6.1. This service is a one-time, non-refundable fee.

14.6.2. Tuyu is not responsible for ongoing management of the Google Business Profile after initial setup.

14.6.3. Clients are responsible for providing accurate information for the profile setup.

14.6.4. Tuyu does not guarantee specific search result rankings or business performance improvements.

14.6.5. Any future modifications or additional location setups will be treated as new services and charged accordingly.

14.7 Tuyu Social Media Sharing of Vendor Profile

14.7.1. Each social media post is subject to a non-refundable fee.

14.7.2. Tuyu reserves the right to modify or reject any submitted content that doesn't align with our guidelines.

14.7.3. Posting schedules are at Tuyu's discretion and subject to available slots.

14.7.4. Tuyu does not guarantee any specific reach, engagement, or business results from these posts.

14.7.5. Vendors grant Tuyu the right to use their provided content across all Tuyu-owned platforms indefinitely.

15. General Terms for All Services

15.1. All fees are due in advance and are non-refundable unless explicitly stated otherwise.

15.2. Tuyu reserves the right to modify, suspend, or discontinue any service without prior notice.

15.3. Tuyu is not liable for any business losses or damages resulting from the use or performance of our services.

15.4. Disputes related to these services will be resolved as per the main Tuyu Terms and Conditions agreement.

15.5. Tuyu reserves the right to use any content created through our services for our own marketing and promotional purposes.

16. Intellectual Property

All content on the Tuyu platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tuyu or its content suppliers and protected by Namibian and international copyright laws.

17. User Conduct

Users agree not to use the Tuyu platform for any unlawful purpose or in any way that interrupts, damages, or impairs the site. Users must not transmit any worms, viruses, or any code of a destructive nature.

18. Limitation of Liability

Tuyu shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the services.

19. Indemnification

You agree to indemnify, defend and hold harmless Tuyu and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

21. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

22. Governing Law

These Terms shall be governed and construed in accordance with the laws of Namibia, without regard to its conflict of law provisions.

23. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

24. Contact Information

Questions about the Terms of Service should be sent to us at info@futurecc.net.

Last Updated: 12/09/2024