Welcome to
ToGGeL
In order to provide our Services (as defined below) through our app, services, features, software or website, we need to obtain your agreement to our terms and conditions. These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of, an entity (“you”) and ToGGeL (“we,” “us” or “our”), concerning your access to and use of the Application (the “Application”). You agree that by accessing the Application you have read, understood and agree to be bound by all of the terms and conditions. If you do not agree with all of the terms and conditions, you are expressly prohibited from using the Application. Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. We will alert you of any changes by updating the “last updated” date of these terms and conditions and you waive any right to receive specific notice of such changes. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the Application after the date such revised terms are posted. The information provided about the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
ToGGeL guarantees to use information only for the purpose it was collected. When that purpose is no longer effective, the information will be destroyed beyond reconstruction, except when there is a statutory or regulatory obligation that requires ToGGeL to keep information for a stipulated period that is longer than the purpose for which it was received. Although ToGGeL will take all reasonable steps to ensure availability, quality and accuracy of its technology, the material, content and services available on and through it are supplied without warranties or guarantees, including that such will in all cases be true, correct, or free from any errors, or that such will be available at all times. To the extent permitted by law, ToGGeL (including its employees, suppliers, service providers and agents) will not be liable for any damage, loss, or liability resulting from the use of, or inability to use ToGGeL or the technology, material and content made available on and through it. If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on ToGGeL, or any other use of our services by you, you will, to the maximum extent permitted by applicable law, indemnify and hold ToGGeL harmless from and against all liabilities, damages, losses and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our services, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to ToGGeL are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it.
We work to protect the safety, security and integrity of our services. This includes appropriately dealing with abusive people and activity violating our Terms. We work to prohibit misuse of our services including harmful conduct towards others, violations of our Terms and policies, and address situations where we may be able to help support or protect our community. If we learn of people or activity like this, we will take appropriate action, including by removing such people or activity or contacting law enforcement.
The personal information that is provided is for the purpose of registering as a user of the ToGGeL system. ToGGeL has adopted a Data Privacy Policy, in terms of the Protection of Personal Information Act no.4 of 2013 (POPIA). There may be instances when ToGGeL has to verify the information provided for referencing purposes.
Unless otherwise indicated, the Application is our proprietary property and all source codes, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Application (collectively, the “content”) and the trademarks, service marks and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of South Africa, foreign jurisdictions, and international conventions. The content and the marks are provided on the Application “as is” for your information and personal use only. Except as expressly provided in these terms of use, no part of the Application and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Application, you are granted a limited rights to access and use the Application and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application's content.
By using the Application, you represent and warrant that: (a) all registration information you submit will be true, accurate, current and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these terms of use; (d) you will not access the Application through automated or non-human means, whether through a bot, script or otherwise; (e) you will not use the Application for any illegal or unauthorised purpose; and (f) your use of the Application will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete we have the right to suspend or terminate your account and refuse any and all current or future use of the Application.
You are required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Application for any purpose other than that for which we make the Application available.Tthe Application may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Application you agree not to: 1. Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; 2. Make any unauthorised use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 3. Use the Application to advertise or offer to sell goods and services; 4. Circumvent, disable, or otherwise interfere with security related features of the Application, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Application and/or the content contained therein; 5. Engage in unauthorised framing of, or linking to, the Application; 6. Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; 7. Make improper use of our support services or submit false reports of abuse or misconduct; 8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools; 9. Interfere with, disrupt or create an undue burden on the Application or the networks or services connected to the Application; 10. Attempt to impersonate another user or person or use the username of another user; 11. Sell or otherwise transfer your profile; 12. Use any information obtained from the Application in order to harass, abuse or harm another person; 13. Use the Application as part of any effort to compete with us or otherwise use the Application and/or the content for any revenue generating endeavour or commercial enterprise; 14. Decipher, decompile, disassemble or reverse engineer any of the software comprising the Application; 15. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application,or any portion thereof; 16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you; 17. Delete the copyright or other proprietary rights from any content; 18. Copy or adapt the Application’s software including, but not limited to, Flash, PHP, HTML, Javascript or any other code; 19. Upload or transmit (or attempt to upload or to transmit) viruses and/or malware including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Application; 20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); 21. Disparage, tarnish or otherwise harm us and/or the Application; 22. Use the Application in a manner inconsistent with any applicable laws or regulations.
The Application may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute,or broadcast content and materials to us or on the Application including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material (collectively, “user content”). User content may be viewable by other users of the Application. As such, any user content you transmit may be treated as non-confidential and non-proprietary. If you create or make available any user content, you hereby represent and warrant that: 1. The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your content does not and will not infringe the proprietary rights including, but not limited to, the copyright, patent, trademark, trade secret or moral rights of any third party; 2. You have permission of each and every identifiable individual in your content to use the name or likeness of each and every such identifiable individual to enable inclusion and use of your content in any manner contemplated by the Application and these terms of use; 3. Your vontent are not false, inaccurate or misleading; 4. Your content is not obscene, lewd, lascivious, violent, harassing, libellous, slanderous or otherwise objectionable; 5. Your content does not ridicule, mock, disparage, intimidate or abuse anyone; 6. Your content does not advocate the violent overthrow of any government or incite, encourage, threaten physical harm against another person; 7. Your content does not violate any applicable law, regulation or rule; 8. Your content does not violate the privacy or publicity rights of any third party; 9. Your content does not contain any material that solicits personal information from anyone under the age of 18, or exploits people under the age of 18 in a sexual or violent manner; 10. Your content does not violate any law concerning child pornography; 11. Your content does not include any offensive comments that are connected to race, national origin, gender, sexual preference or disability; 12. Your content does not violate or links to material that violates any provision of these terms of use, or any applicable law or regulation. Any use of the Application that is in breach of the foregoing rules, contravenes these terms of use and may result in the termination or suspension of your rights to use the Application. We are not liable for any statements or representations in the content provided by you in any area on the Application. You are solely responsible for your content in the Application, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content. We have no obligation to monitor your content.
We will maintain certain data that you transmit to the site for the purpose of managing the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of the data.
We may provide areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (a) you should have firsthand experience with the person/entity being reviewed; (b) your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language; (c) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (d) your reviews should not contain references to illegal activity; (e) you should not be affiliated with competitors if posting negative reviews; (f) you should not make any conclusions as to the legality of conduct; (g) you may not post any false or misleading statements; and (h) you may not organise a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable rights to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
If you access the Application via a mobile Application, we grant you a revocable, non-exclusive, non-transferable right to install and use the mobile Application on wireless electronic devices owned or controlled by you, and to access and use the mobile Application on such devices strictly in accordance with these terms of access. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (c) contravene any applicable laws, rules or regulations in connection with your access to or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application; (e) use the Application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (h) use the Application to send automated queries to any website, or to send any unsolicited commercial e-mail; or (i) use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any Applications, accessories or devices for use with the Application.
The following terms apply when you use a mobile Application obtained from either the Apple iStore or Google Play (each an “app distributor”) to access the Application: (1) The access rights granted to you are limited to use the Application on a device that utilises the Apple iOS or android operating systems, as applicable and in accordance with the usage rules set forth in the applicable app distributor’s terms of service. (2) We are responsible for providing any maintenance and support services with respect to the mobile Application as specified in these terms and conditions. (3) You confirm and warrant that you are not listed on any government list of prohibited or restricted parties. (4) You shall comply with applicable third-party terms of agreement when using the mobile Application, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile Application. (5) You acknowledge and agree that the app distributors are third-party beneficiaries of the terms and conditions in this mobile Application license contained in these terms of use, and that each app distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile Application license contained in these terms of use against you as a third-party beneficiary thereof.
The Application contains links to other applications, software and other content or services belonging to or originating from third parties (“third-party content”). Such third-party services and third-party content are not monitored or checked by us for accuracy, appropriateness or completeness, and we are not responsible for any third-party services accessed through the Application or any third-party content or services available through the Application including the content, accuracy, opinions, reliability, privacy practices or other policies of third-party services or third-party content. Use of, linking to, or permitting the use of any third-party services or any third-party content does not imply approval or endorsement thereof by us. Any payments you make to third-party services will be through other entities, and we take no responsibility whatsoever in relation to such payments which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party services.
These terms of use shall remain in full force and effect while you use the Application. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason whatsoever including, without limitation, breach of any representation, warranty or provision contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site, or delete your account and any content or information that you posted, at any time without warning in our sole discretion.
We reserve the right to change, modify or remove the contents of the Application at any time for any reason at our sole discretion without notice. We have no obligation to update any information on our Application. We reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Application. We cannot guarantee the Application will be available at all times. We may experience hardware, software or other problems related to the Application, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Application at any time or for any reason without prior notice. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these terms and conditions will be construed to obligate us to maintain and support the Application or to supply any corrections, updates or releases in connection therewith.
Last update on 27 December 2024