Terms and Conditions

Last updated: 10 December 2018

Your access to and use of the Lula Build © Site is at all times governed by the Terms and Conditions set out below. Please read the Terms and Conditions carefully. If you do not agree with any of its contents, then you are prohibited from using the Site and your use thereof should be discontinued immediately.

The Site is intended for users who are at least 18 years of age.


If you are a minor in your country (under the age of 18 in South Africa) you must have the permission of, and be directly supervised by, your parent or guardian to use the Site. Your parent or guardian will be required to read and agree to these Terms and Conditions on your behalf.

The Laws of the Republic of South Africa shall at all times apply to the Terms and Conditions.

Definitions and Interpretation

1 Unless otherwise indicated:
1.1 Content: shall mean all source code, database/s, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site;
1.2 Marks: shall mean trademarks, service marks, copyright and logos contained on the Site which are owned, controlled, licensed to, have licenses pending in favour of Lula Build ©;
1.3 Site: shall mean the Lula Build © website, www.lulabuild.com, and shall include its Site applications and Workspaces;
1.4 Terms and Conditions: shall mean the terms and conditions set out in this document;
1.5 Workspace: shall have the meaning ascribed thereto at paragraph 7 below.

Use of the Site

2 Ownership of the site, being inclusive but not limited to copyright of the Site, its Content and Marks belongs to Lula Build ©. Lula Build © hereby reserves all of its rights to the Site, its Content and the Marks, not expressly granted to you in these Terms and Conditions.
3 Your access to the Site requires you, at your own cost and responsibility. You will at all times be required to have an active internet connection.
4 Subject to these Terms and Conditions, you will be granted a limited license by Lula Build © to access and use this Site and to download and/or print a copy of any portion of the Content to which you have properly gained access, for your personal use.
5 You will be required to register with Lula Build © to gain access to and use the Site. In so doing you will choose your own personal password and Lula Build © will verify your email address to facilitate your access to the Site. Please keep your password confidential as it is personal to your access and use of the Site.
6 Lula Build © reserves the right to remove, reclaim, or change a username and/or Workspace name you select if Lula Build © determines, in Lula Build ©’s sole discretion, that your username is inappropriate, obscene, or otherwise objectionable. Lula Build © cannot be held responsible for the use or misuse of your Lula Build © password and/or the Workspace you access.
7 Lula Build © projects are stored in “Workspaces”:
7.1 When a user signs up for Lula Build ©, he/she will automatically be assigned a Public Workspace that can be used free of charge. All Lula Build © users can access any Public Workspace on the Site. Any projects created in a Public Workspace will therefore be accessible to all users of the Site. Projects in Public Workspaces can be viewed, copied to use as the basis for someone else’s tender (i.e for commercial purposes) and/or used for demonstration purposes by any and all Lula Build © users. Lula Build © will from time to time publish templates in its own Lula Build © Public Workspace that can be copied and used by users of the Site. These templates are examples. Lula Build © cannot be held responsible for any damages sustained by you due to your use of the templates.
7.2 Users who do not want their Contributions made publicly available, are entitled to purchase a subscription to an upgraded Private Workspace available on the Site.
7.2.1 Depending on the Private Workspace purchased, it incorporates a number of Workspace seats, which can be made available by the Private Workspace creator to other users of the Site.
7.2.2 The Private Workspace creator will be deemed that Private Workspace’s administrator for the duration of the Private Workspace’s usage. The Private Workspace creator shall be entitled to add or remove users from seats in the Private Workspace. He may also have himself replaced by an alternative Private Workspace administrator.
7.2.3 Please make sure you invite the correct user to your Private Workspace as Lula Build © cannot be held responsible if you make a mistake!
7.3 Subscriptions to three different Private Workspaces are available for purchase: Essential (for individuals), Premium (for growing companies) and Enterprise (for established organisations and corporates). Each Private Workspace has different support and collaboration features.
7.4 No part of the Site, its Content or the Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited by you for any commercial purpose whatsoever, without Lula Build ©’s prior written permission.

User Representations

8 You undertake and warrant that when using the Site, you will at all times:
8.1 Submit only true, accurate, current and complete information;
8.2 Maintain the accuracy of your information and promptly update it as and when necessary;
8.3 Have legal capacity within your country to contract. If you are a minor in your country, you have the permission of your parent or guardian to use the Site;
8.4 Refrain from accessing the Site through automated or non-human means, whether through a bot, script or otherwise;
8.5 Refrain from using the Site for any illegal, unlawful or unauthorized purpose; and
8.6 Not conduct any Prohibited Activities listed in paragraph 11 below.
9 If you breach any of the warranties listed in paragraph 10, Lula Build © has the right to immediately suspend or terminate your access to the Site.

Prohibited Activities

10 You may not access or use this Site for any purpose other than that for which we make the Site available to you. When using the Site, you agree that you will not:
10.1 Retrieve the Content to create or compile, directly or indirectly, a collection, compilation, database, or directory;
10.2 Circumvent, disable, or otherwise interfere with any security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
10.3 Engage in unauthorized framing of or linking to the Site;
10.4 Attempt to learn sensitive information about Lula Build © and/or other users of the Site, such as user passwords;
10.5 Make improper use of the Lula Build © support services;
10.6 Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
10.7 Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10.8 Attempt to impersonate another user, or use the username of another user, of the Site;
10.9 Sell or otherwise transfer your user profile on the Site to a third party;
10.10 Use any information obtained from the Site in order to harass, abuse, or harm another person;
10.11 Use the Site as part of any effort to compete with Lula Build ©;
10.12 Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
10.13 Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
10.14 Harass, annoy, intimidate, or threaten any Lula Build ©’s employees engaged in providing any portion of the Site to you;
10.15 Delete the copyright or other proprietary rights notices from any Content;
10.16 Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
10.17 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, 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 Site or modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Site;
10.18 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”); and/or
10.19 Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

User Contributions

11 The Workspaces require you to create, submit, post, display, transmit, perform, publish, distribute and/or store data during your use of the Lula Build © Site (collectively, “Contributions”).
12 Please take care to ensure that Contributions by you are made using the appropriate Public or Private Workspace. Contributions made using the Public Workspace are treated as non-confidential and non-proprietary, and Lula Build cannot be held responsible if you make an error in this regard.
13 When you make any Contribution/s to the Site, you represent and warrant that:
13.1 The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contribution 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;
13.2 You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Lula Build ©, the Site, and other users of the Site to use your Contribution in any manner contemplated by the Site and these Terms and Conditions;
13.3 You have the written consent, release, and/or permission of each and every identifiable individual person in your Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contribution in any manner contemplated by the Site and these Terms and Conditions;
13.4 Your Contribution is not false, inaccurate, or misleading;
13.5 Your Contribution is not unsolicited nor does it consist of unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
13.6 Your Contribution is not defamatory, obscene, lewd, lascivious, filthy, violent, harassing, slanderous, or otherwise objectionable by Lula Build © (within our sole discretion);
13.7 Your Contribution does not ridicule, mock, disparage, intimidate, or abuse anyone;
13.8 Your Contribution does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
13.9 Your Contribution does not violate any applicable law, regulation, or rule;
13.10 Your Contribution does not violate the privacy or publicity rights of any third party;
13.11 Your Contribution 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;
13.12 Your Contribution does not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13.13 Your Contribution does not include any offensive comments that are connected to race, gender, sexual orientation, the physical or mentally disabled;
13.14 Your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms and Conditions.
14 Any use of the Site in violation of the warrantees referred to in paragraph 13 may result in, among other things, the termination or suspension of your right to use the Site.
15 Lula Build © reserves the right to remove any Contribution by you if Lula Build © determines, in Lula Build’s © sole discretion, that your Contribution is inappropriate, obscene, or otherwise objectionable.
16 Although Lula Build © performs regular routine backups of data, same may not be entirely reliable. You are accordingly held solely responsible for your Contributions and are encouraged to print out copies of your Contributions for your own back-up purposes.

Site Management

17 Lula Build © reserves the right, but not the obligation, to:
17.1 Monitor the Site for violations of these Terms and Conditions;
17.2 In Lula Build’s © sole discretion, and without limitation, refuse or restrict your access to the Site, or limit the availability of the Site to you, should you violate South African Law and/or these Terms and Conditions;
17.3 Take appropriate legal action against anyone who, in Lula Build’s © sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
17.4 In Lula Build’s © sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
17.5 In Lula Build’s © sole discretion, and without limitation, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Lula Build’s © systems; and/or
17.6 Otherwise manage the Site in a manner designed to protect Lula Build’s © rights and property and to facilitate the proper functioning of the Site.
18 Lula Build © will maintain and support the Site and/or modify, supply corrections, updates, or releases in
connection therewith from time to time. Whereas Lula Build © will endeavour to give you Notice of its intention to take down the Site, the extent of this Notice period may be influenced by the urgency of the Site management required, which urgency Lula Build © will determine within its own discretion. Lula Build © will not be liable to you or any third party for any modifications, price changes, suspension, typographical errors, inaccuracies, omissions or a discontinuation of the Site.
19 Lula Build © cannot guarantee the Site will be available to you at all times. Lula Build © and/or its system’s aggregator may experience hardware, software, or other problems or may need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You may also experience problems connecting to the internet, and therefore to the Site.
20 You agree not to hold Lula Build © liable whatsoever for any loss, damage, or inconvenience howsoever arising caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
21 Lula Build © may from time to time update the contents of these Terms and Conditions, which will be posted on the Site. Please check them as your continued use of the Site means that you have consented to any changes.

Infringements

22 Lula Build © respects the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any intellectual property right you own or control or is defamatory of you, please immediately give Lula Build © Notice thereof using the contact information provided by Lula Build ©. A copy of your Notice will be sent to the person who posted the Contribution you refer to in the Notice.

Fees and payments

23 Lula Build’s © Workspace subscription fees are listed on the Site. Lula Build © reserves the right to update its subscription fees from time to time. Subscription fees are quoted in United States Dollars. Pricing can however be agreed in a user’s preferred currency by prior arrangement.
24 Users contracting from within South Africa will have their subscription fees converted to South African Rands (“ZAR”) at the time of contracting. Value Added Tax (“VAT”) as envisaged by the Value Added Tax Act, 89 of 1991 will be added to your subscription fee if you transact within South Africa. VAT is not applicable to you if you transact from outside South Africa.
25 Any currency conversion from United States Dollars to ZAR will take place at 9am South African time on the date of payment.
26 Subscription fees are payable in advance, either via credit card, or via electronic fund transfer into Lula Build’s © bank account, the details of which are as follows:
Bank : First National Bank
Branch : Willowbridge
Branch code : 210-655
Account name : Convirt (Pty) Ltd
Account number : 62185156778
SWIFT code : FIRNZAJJ
Reference : email address
27 Any bank charges, transfer costs and/or administrative fees related to the payment of a user’s Workspace subscription fee, is payable by you.
28 Only once payment has been received into Lula Build’s © bank account may a user access a Private Workspace.

No payment received into Lula Build’s © bank account by noon on due date will result in a user’s access of a Private Workspace being immediately suspended.

Third-Party Websites and Third-Party Content

29 The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Please take note that these Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Lula Build ©, and that Lula Build © is not in any way responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
30 Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Lula Build ©. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions will not govern same.
31 Lula Build © does not endorse any products or services offered on Third-Party Websites and you shall accordingly hold us harmless from any harm caused by your purchase of such products or services and/or any losses sustained by you occasioned thereby.

Advertisers

32 Lula Build © from time to time will allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. In so doing, Lula Build © simply provides the space to place the advertisements and does not have a relationship with the advertisers.
33 If you are an advertiser, you:
33.1 shall take full responsibility for any advertisements you place on the Site and/or any services provided on the Site or products sold through those advertisements; and
33.2 warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

Termination

34 Your access and use of Lula Build ©’s Site applications will terminate at midnight in South Africa on the last day of your subscription period, unless your subscription has been expressly extended and paid for by you prior to the subscription termination.
35 All public Contributions made by you to the Site will remain on Lula Build ©’s public Site application for a period of 2 (two) years after their posting, at which time same will automatically delete. Should you require your Contribution to remain posted on Lula Build ©’s public Site application for a further period of 2 (two) years, you will be required to give Notice hereof to Lula Build © not later than 1 (one) month prior to its anticipated deletion.
36 All private Contributions made by you to the Site will remain on Lula Build ©’s private Site applications for the duration of your subscription. Same will automatically delete 1 (one) month after termination of your subscription. You will not be entitled to access your private Contributions after your subscription has terminated, unless you elect to renew your subscription for a further period.
37 If Lula Build © is required by law to maintain a copy of your Contributions you will receive Notice of its obligations in this regard.
38 If Lula Build © terminates or suspends your use of the Site for any reason, you are prohibited from registering and/or creating a new user account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Refund Policy

39 No refunds are provided for the cancellation of month to month subscriptions.
40 Annual subscriptions cancelled within the first 30 days of registration will be eligible for a refund.

Disclaimer and Indemnity

41 THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
42 YOU AGREE THAT YOUR USE OF THE SITE AND LULA BUILD’S © SERVICES WILL BE AT YOUR SOLE RISK.
43 LULA BUILD © MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
43.1 ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
43.2 INJURY TO PERSON OR PROPERTY OF WHATSOEVER NATURE AND HOWSOEVER ARISING RESULTING FROM YOUR ACCESS TO AND USE OF
THE SITE;
43.3 ANY UNAUTHORIZED ACCESS TO OR USE OF LULA BUILD’S © SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN;
43.4 ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
43.5 ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
44 UNDER NO CIRCUMSTANCES WILL LULA BUILD © OR LULA BUILD’S © DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, ARISING FROM YOUR USE OF THE SITE.
45 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD LULA BUILD © HARMLESS, INCLUDING OUR RESPECTIVE OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR CONTRIBUTIONS; YOUR USE OF THE SITE; YOUR BREACH OF THESE TERMS AND CONDITIONS; YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS; OR ANY HARMFUL ACT OR OMISSION BY YOU TOWARD ANY OTHER USER OF THE SITE, WITH WHOM YOU CONNECTED WITH VIA THE SITE.
46 NOTWITHSTANDING THE AFOREGOING, LULA BUILD © RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY LULA BUILD ©, AND YOU AGREE TO CO-OPERATE, AT YOUR EXPENSE, WITH OUR DEFENCE OF SUCH CLAIMS. LULA BUILD © WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF SAME.

Miscellaneous

47 These Terms and Conditions and any policies or operating rules posted by Lula Build © on the Site or in respect to the Site constitute the entire agreement and understanding between you and Lula Build ©.
48 Lula Build’s © failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of its rights or of any provision.
49 Lula Build © may cede and assign its rights and obligations in respect of the Site to a third party without your consent, albeit on notice to you.
50 If any provision, or part thereof, of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part thereof shall be severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
51 There is no joint venture, partnership, employment or agency relationship created between you and Lula Build © as a result of these Terms and Conditions.
52 These Terms and Conditions will not be construed against Lula Build © by virtue of Lula Build © having drafted them.
53 You hereby waive any and all defences you may raise based on the electronic form of these Terms and Conditions and the lack of signing by both parties hereto to execute same.
54 You consider the addresses you fill in on the Lula Build © application form to be the addresses at which you will receive service of all legal Notices and process, if applicable, from Lula Build © (your “domicile address”). If these addresses change it is your responsibility to inform Lula Build © of your new address in writing. Legal Notices are deemed received by either party immediately if delivered by hand and within 5 (five) clear South African business hours (calculated from 9am to 5pm) when dispatched via email.
55 Should Lula Build © be obliged to institute any legal proceedings against you, you consent to Lula Build’s © legal costs being recoverable from you on an attorney and client basis, and/or at the highest tariff applicable under the Law of your domicile address (if applicable).
56 Lula Build © shall be entitled but not obliged to claim interest against you on any overdue amounts at the maximum interest rate prescribed by the South African Prescribed Rate of Interest Act, 55 of 1975.

Privacy Policy

57 Lula Build © is owned and operated by Convirt (Proprietary) Limited, registration number 2006/038739/07, a company duly registered in accordance with the Company Laws of South Africa, of 34 Liverpool Street, Hout Bay, Cape Town, South Africa. Contact telephone number +27 21 007 1893 and email address: info@lulabuild.com.
58 You understand and accept that, Lula Build © may be required to collect and process personally identifiable information about you that may be used in connection with activities conducted by Lula Build © or its direct and indirect shareholders from time to time. In particular, Lula Build © may collect, process and use such personal information (including special personal information) in order to carry out and manage the business of Lula Build © for any legitimate business purpose, to comply with its legal obligations and to protect its legitimate business interests.
59 You undertake to report changes to your personal information in order to keep the data accurate and to request the deletion of inaccurate personal information. You understand and accept that Lula Build © reserves the right to retain your personal information in circumstances where it is required to do so by law, or to protect a legitimate business interest.
60 You understand and agree that your personal information may, from time to time, be shared with vendors to process data on behalf of Lula Build ©.
61 You accept that your personal information may in appropriate circumstances reside outside of South Africa, and you hereby agree that Lula Build © shall be entitled to transfer your personal information to such locations outside of South Africa and use your personal information in such locations as described above.
62 Please take care not to provide Lula Build © with more information than requested by it.
63 Lula Build © makes use of cloud computing with the Google Cloud Platform (“Google Cloud”) based in London, England to store your data. Google Cloud operates in terms of a Cloud Computing agreement with Lula Build © and is only permitted to process your personal information for the purpose intended.
64 You are permitted to request access to your personal information stored in accordance with the Cloud Computing agreement between Lula Build © and Google Cloud, by contacting us through the Site