1. Purpose of This Policy
This document establishes the legal framework governing the relationship between Ruka and its clients, partners, users, and suppliers. It applies to all Ruka products and services including SmartChat, SmartBook, SmartTrack, SmartNudge, SmartHealth, and future platforms.
2. Applicable Law
All Ruka agreements, policies, and transactions are governed by and interpreted in accordance with the laws of the Republic of South Africa, without regard to conflict-of-law principles. South African law remains controlling even when services extend to other jurisdictions, unless a separate written agreement specifies otherwise.
3. Contractual Jurisdiction
- South African courts and tribunals have exclusive jurisdiction over all disputes
- Cases proceed through the High Court of South Africa (Gauteng Division) or appropriate regional divisions
- All legal proceedings shall be conducted in English
- International clients waive any objection to South African jurisdiction and venue
4. Arbitration Agreement
Disputes that cannot be resolved through good-faith negotiation will proceed to binding arbitration through the Arbitration Foundation of South Africa (AFSA), conducted in Johannesburg in English. Key terms:
- The decision of the appointed arbitrator shall be final and binding on all parties
- Arbitration costs are typically split equally unless the arbitrator determines otherwise
- Ruka reserves the right to seek urgent court relief (interdicts) to prevent irreparable harm
5. International Clients and Cross-Border Operations
Contracts with Ruka are formed under South African law regardless of the client's location. Disputes follow the same legal framework and arbitration process as domestic clients. Ruka may recognise applicable local consumer protection laws where they do not conflict with South African law. International payments and refunds operate under South African financial and exchange control regulations.
6. Compliance with Local Regulations
While South African law governs all Ruka agreements, clients are solely responsible for ensuring their use of Ruka's services complies with local laws applicable in their own countries, including data protection regulations, communication laws, consumer protection requirements, and any restrictions on AI or automation. Ruka assumes no liability for a client's non-compliance with laws outside South Africa.
7. Venue for Legal Notices
All written legal notices to Ruka must be directed to:
- Email: legal@ruka.africa
- Location: Johannesburg, South Africa
Email notices are deemed received within one business day of sending, unless proven otherwise.
8. Severability
If any provision of this policy or any Ruka agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.
9. Waiver
No relaxation, extension of time, or failure by Ruka to enforce any provision of its agreements shall constitute a waiver of any right. Rights may only be waived expressly and in writing.
10. Entire Legal Framework
This policy forms part of Ruka's broader legal framework, which includes:
- Universal Terms & Conditions
- Privacy Policy
- Cancellation Policy
- Refund Policy
- Service-Level Agreement (SLA) — where applicable
Continued use of Ruka services constitutes acknowledgment of and agreement to all policies above.