My Sales Pulse provides the My Sales Pulse Web site subject to the user's compliance with the terms and conditions stated below.
PLEASE READ THIS BEFORE ACCESSING THE MY SALES PULSE SITE. BY ACCESSING THE MY SALES PULSE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE MY SALES PULSE SITE.
1. Rules
While visiting the My Sales Pulse Site, you may not:
- Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the My Sales Pulse Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the My Sales Pulse Site or the Internet.
- Post or transmit any information or software, which contains a virus, trojan horse, worm or other harmful or disruptive component.
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the My Sales Pulse Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.
2. Monitoring
My Sales Pulse has no obligation to monitor the My Sales Pulse Site. However, you agree that My Sales Pulse has the right to monitor the My Sales Pulse Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the My Sales Pulse Site properly, or to protect itself or its subscribers. My Sales Pulse will not intentionally monitor or disclose any private electronic-mail message unless required by law. My Sales Pulse reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
3. Privacy
My Sales Pulse cannot ensure or guarantee privacy for My Sales Pulse users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and My Sales Pulse and its affiliates, suppliers and related companies shall be relieved of all liability in connection therewith.
4. Buying over the Internet
When making purchases or conducting other transactions through the My Sales Pulse Site or the Internet, you may be asked by the Merchant or Information or Service Provider, to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or Information or Service Provider through the My Sales Pulse Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account or credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the My Sales Pulse Site. My Sales Pulse is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
5. Limitation of Liability
My Sales Pulse takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the My Sales Pulse Site. Further, My Sales Pulse makes no representations about the suitability of any of the information contained in documents and related graphics on the My Sales Pulse Site for any purpose. All such documents and related graphics are provided without warranty of any kind. In no event shall My Sales Pulse or its suppliers or affiliates be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
6. Recourse
If you are dissatisfied with the My Sales Pulse Site or with any terms, conditions, rules, policies, guidelines, or practices of My Sales Pulse in operating the My Sales Pulse Site, your sole and exclusive remedy is to discontinue using the My Sales Pulse Site.
7. Confidential Information
You authorise My Sales Pulse to collect from any party and to retain all relevant information relating to your use of the My Sales Pulse Site, and you hereby authorise any party to provide us with such information.
8. Indemnity
You agree to defend, indemnify and hold My Sales Pulse and its affiliates, suppliers and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the My Sales Pulse Site or the Internet or the placement or transmission of any message, information, software or other materials on the My Sales Pulse Site or on the Internet by you or users of your account.
9. Trademarks
My Sales Pulse and other trade marks, logos and icons identifying My Sales Pulse and My Sales Pulse products and services referenced herein are trademarks or registered trademarks of My Sales Pulse. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
10. Miscellaneous
This Agreement, including any and all documents referenced herein, constitute the entire agreement between My Sales Pulse and the user pertaining to the subject matter hereof. My Sales Pulse's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the prevailing laws of South Africa.