Website Terms of Use

1. Agreement to Terms

By accessing or using the ToolTide website (www.tooltide.co.za and related domains), you agree to be bound by these Terms of Use and all applicable South African laws, including the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and the Consumer Protection Act 68 of 2008 (CPA).

If you do not agree to these terms, please do not use this website.

2. Company Information (ECTA Compliance)

Legal Entity: ToolTide (Pty) Ltd
Registration Number: 2025/925080/07
VAT Number: [Your VAT Number if registered]
Physical Address: Krugersdorp, Gauteng, 1739
Contact Email: info@tooltide.co.za
Phone: 0845592079 | 0798894786
Complaints/Queries: support@tooltide.co.za

3. Website Use and Acceptable Use Policy

3.1 Permitted Use

You may use this website to:

• Browse information about ToolTide products and services
• Register for a 14-day free trial
• Access documentation and support materials
• Contact us for inquiries or support

3.2 Prohibited Activities

You may NOT:

• Use automated bots, scrapers, or similar tools to access the website
• Attempt to gain unauthorized access to our systems or data
• Submit false or misleading information during registration
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code, viruses, or harmful content
• Engage in fraudulent payment activities

4. Trial Terms and Subscription Services

4.1 14-Day Free Trial

• New users are eligible for a 14-day free trial of available ToolTide modules
• No credit card required for trial activation
• Trial begins upon account activation (email confirmation required)
• Trial expires automatically after 14 days; no automatic billing
• One trial per company/email address

4.2 Subscription Services

After the trial period, you may subscribe to paid modules. Full subscription terms are governed by our separate Service Agreement provided during checkout.

5. Pricing and Payment Terms (CPA Compliance)

5.1 Pricing

• All prices displayed on this website are in South African Rand (ZAR) and are exclusive of VAT (unless stated otherwise)
• Per-employee/per-month pricing as advertised on the website
• We reserve the right to change pricing with 30 days' notice to active subscribers

5.2 Payment Methods

• Payments are processed via third-party providers: PayFast and Ozow
• All transactions are secured with SSL encryption
• We do NOT store credit card details on our servers (PCI DSS compliance)

5.3 Cooling-Off Period (CPA Section 44)

If you subscribe to a paid service as a consumer, you have the right to cancel within 5 business days of subscription activation for a full refund, provided:

• You notify us in writing at: accounts@tooltide.co.za
• The service has not been substantially used

This cooling-off period does NOT apply to free trials (no payment involved).

5.4 Refund Policy

• Monthly subscriptions: Refunds within cooling-off period only
• Annual subscriptions: Pro-rata refund for unused months (minus 10% admin fee) if cancelled within first 60 days
• No refunds for services rendered after cooling-off period

6. Electronic Transactions and Signatures (ECTA)

6.1 Electronic Contracts

By clicking "Accept", "Register", "Subscribe", or similar buttons on this website, you acknowledge that:

• You have read and understood the applicable terms
• Your electronic acceptance constitutes a legally binding agreement
• Electronic signatures and records have the same legal force as physical signatures

6.2 Record Retention

We will retain electronic transaction records for a minimum of 5 years as required by South African law.

6.3 Communication Consent

By providing your email address, you consent to receive:

• Transactional Emails: Account activation, trial notifications, billing receipts (no opt-out; required for service delivery)
• Marketing Emails: Product updates, promotions, newsletters (ONLY if you explicitly opt in; can unsubscribe anytime)

7. Intellectual Property

All content on this website, including but not limited to:

• ToolTide logo, branding, and trademarks
• Website design, layout, and code
• Text, images, graphics, and videos
• Software and documentation

...is the exclusive property of ToolTide (Pty) Ltd and protected by South African and international copyright laws.

You may NOT reproduce, distribute, or create derivative works without written permission.

8. Disclaimers and Limitation of Liability

8.1 Website Availability

We strive for 99.9% uptime but do NOT guarantee uninterrupted access to the website. Maintenance, updates, or technical issues may cause temporary unavailability.

8.2 Information Accuracy

While we make every effort to ensure accuracy, we do NOT warrant that:

• Website content is error-free or complete
• Pricing or feature descriptions are free from inaccuracies
• Third-party links or integrations function perfectly

8.3 Limitation of Liability

To the fullest extent permitted by South African law (subject to CPA protections):

• We are NOT liable for indirect, consequential, or punitive damages
• Our total liability for any claim is limited to the amount you paid in the preceding 12 months (or R1,000, whichever is greater)
• We are NOT responsible for third-party payment processor errors or delays

Note: Nothing in these terms limits liability for death, personal injury, or fraud.

9. Third-Party Services and Links

This website may contain links to third-party websites (e.g., PayFast, Ozow, GitHub, LinkedIn). We are NOT responsible for:

• The privacy practices or content of external sites
• Any transactions conducted on third-party platforms

Your use of third-party services is governed by their respective terms and policies.

10. Privacy and Data Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which complies with the Protection of Personal Information Act (POPIA).

11. Dispute Resolution

11.1 Informal Resolution

If you have a complaint or dispute, please contact us first at: disputes@tooltide.co.za. We will attempt to resolve the matter within 20 business days.

11.2 Escalation

If unresolved, you may escalate to:

• Consumer Protection Commission: For consumer-related complaints (CPA)
• Arbitration: As per the Arbitration Act 42 of 1965 (if agreed by both parties)
• Legal Action: South African courts have exclusive jurisdiction

12. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

13. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Changes to Terms

We reserve the right to update these Terms of Use at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of the website after changes constitutes acceptance.

15. Contact Information

General Inquiries: info@tooltide.co.za
Complaints/Disputes: disputes@tooltide.co.za
Billing Issues: accounts@tooltide.co.za
Legal Notices: legal@tooltide.co.za

Consumer Protection Commission:
Website: www.thecpc.org.za