Terms of Service

Updated: 18 September 2023

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE.

Your continued use of the website, whether as a user (which incorporates a browser) (“a user”, “you”, or “your”), indicates that you have both read and accepted these terms. You cannot use this website if you do not accept these terms. All sections of these terms apply to you unless the section expressly states otherwise. These terms shall operate in addition to any other more specific terms that might apply to a user. If a conflict exists between these terms and the more specific terms applicable to a user, the more specific terms shall prevail to the extent of such inconsistency.

  1. Introduction

 

1.1.      These Terms will apply fully and affect a User’s use of the website https://salescadence.com/ (“the Website”).

1.2.      The Website is owned and operated by Sales Cadence (Pty) Ltd (registration number: 2202/452207/07) (“Company”).

1.3.      When using this Website, a User agrees to accept the Terms contained herein in full.

1.4.      Should a User not agree to the Terms contained herein, a User must immediately desist from using this Website.

1.5.      Minors are not allowed to use this Website.

  1. Intellectual Property Rights

 

2.1.     All website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by the Company, its shareholders, affiliates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

2.2.     Subject to the rights afforded to you in these terms, all other rights to all intellectual property on the Website are expressly reserved. The User may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of the Company first being granted, which consent may be refused at the discretion of the Company. No modification of any intellectual property or graphics is permitted. Should the User breach these provisions, the Company and/or the rightful intellectual property rights owner may launch legal proceedings against the User for a breach of contract, resulting in a claim of damages against them.

2.3.     The Company reserves the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).

2.4.     Where any intellectual property has been licensed to the Company or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.

2.5.     Subject to adherence to these terms, the Company grants to the User a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the User is the primary user. However, nothing contained on the Website or in these terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of the Company..

  1. Restrictions

 

3.1.    A User may not:

3.1.1.    publish or mirror any of this Website’s material in any media whatsoever;

3.1.2.    use this Website for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;

3.1.3.    take any action that may impose an unreasonable or disproportionately large load on this Website’s infrastructure of any nature;

3.1.4.    use this Website in any manner would result in a User breaching any applicable legislation or licensing obligations (including concerning privacy) or any obligations a User may owe to third parties;

3.1.5.    conduct any activity which compromises or breaches any third-party’s patent rights, trademark, copyright or other intellectual property rights;

3.1.6.    introduce any virus, worm, trojan horse, malicious code or other programs which may damage computers or other computer-based equipment of the Company or affect the performance of this Website;

3.1.7.    engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

3.1.8.    use this Website contrary to applicable laws and regulations or in any way may cause harm to the Website or to any person or business entity;

3.1.9.    use this Website to engage in any advertising or marketing other than in a manner expressly permitted by the Website;

3.1.10.    crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website; or

3.1.11.    provide unauthorised interfaces to the Website.

3.2.    Certain areas of this Website are restricted from being accessed by a User, and the Company may further restrict access by a User to any areas of this Website, at any time, at its absolute discretion. Any user ID and password a User may have for this Website are confidential, and a User must also maintain confidentiality.

3.3.    The Website is only available on compatible devices connected to the internet. It is The User’s responsibility to obtain these devices and any connectivity necessary to use the Website.

3.4.    The Company does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

  1. A User’s Content

 

4.1.   In these Terms, “a User’s Content” shall mean any audio, video text, images or other material a User may choose to display on this Website, if applicable. By displaying a User’s Content, a User grants the Company a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

4.2.   A User’s Content must be a User’s own and must not infringe any third-party’s rights. The Company reserves the right to remove any of a User’s Content from this Website at any time without notice.

  1. Personal Information

 

5.1.   A User’s personal information will be processed in accordance with the Company’s Privacy Policy which is accessible here.

  1. Data Messages and Links to other Websites

 

6.1.   This Website may contain links or portals to other websites. The Company has no control over websites operated by third parties. A User agrees that the Company is not responsible for and will have no liability for a User’s access to or use of any third-party website. A User’s access and use of the other sites remain solely at their own risk and on the terms set by the operator of any other site.

6.2.   Data messages, including email messages, sent by the User to the Company will be considered as received only when acknowledged or responded to by the Company. Data messages the Company sends to the User will be regarded as received when the data message enters the User’s email sever inbox and is capable of being retrieved and processed by the User. The Company reserves the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

6.3.   Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. The Company are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

  1. No Warranties

 

7.1.   This Website is provided “as is,” with all faults, and the Company express no representations or warranties of any kind related to this Website or the materials contained on this Website.

7.2.   The Company cannot guarantee or warrant that any file downloaded from this Website or delivered to a User will be free of infection or viruses, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.

  1. Limitation of Liability and Indemnification

 

8.1.   In no event shall the Company, or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with a User’s use of this Website whether or not such liability is under contract, delict or otherwise.

8.2.   A User indemnifies the Company and agrees to keep the Company indemnified, from and against any claim, loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with this Website, including any breach by a User of these terms or any applicable law or licensing requirements.

8.3.   To the extent that the Company’s liability cannot be excluded by law, the Company’s maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.

8.4.   Notwithstanding anything to the contrary in these Terms, in no circumstances will the Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of this Website of any type, whether in delict, contract or otherwise.

  1. Dispute Resolution

 

9.1.   Negotiation – Should any dispute, disagreement or claim arise between the parties, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

9.2.   Mediation – Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.

9.3.   Arbitration – If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by the Company.

9.4.   Jurisdiction – Notwithstanding the above, both parties’ consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

9.5.   No publication – The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

  1. Termination

 

10.1.   IN ADDITION TO THE COMPANY’S OTHER RIGHTS HEREIN, THE COMPANY RESERVES THE RIGHT TO RESTRICT AND/OR TERMINATE THE USER’S USE OF THE WEBSITE AND ITS SERVICES IF THE USER BREACHES ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN THE COMPANY’S SOLE DISCRETION PROVIDED THAT THE COMPANY GIVES REASONABLE NOTICE TO THE USER.

10.2.   If the User wishes to terminate its agreement with the Company and these Terms, they may do so by ending their use of the Services. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination.

  1. Notices

 

11.1.   A User and the Company choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

11.1.1.   Sales Cadence

25 Stellenberg Road, Parow, Cape Town, 7493,
https://salescadence.com/

11.1.2.   User: The address as provided when registering on this Website, or if no registration is applicable on the Website, as nominated by the User.

11.2.   Both a User and the Company may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

11.3.   All notices to be given in terms of these Terms will:

11.3.1.   be given in writing;

11.3.2.   be delivered or sent by email; and

11.3.3.   be presumed to have been received on the date of delivery.

11.4.   Notwithstanding the above, any notice actually received by the other will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

  1. Company Information

 

12.1.    Site owner: Sales Cadence (Pty) Ltd

12.2.    Legal status: Private Company

12.3.    Registration number: 2202/452207/07

12.4.    Description of main business: Marketing Services

12.5.    Email address: hello@salescadence.com

12.6.    Registered address: 25 Stellenberg Road, Parow, Cape Town, 7493

  1. Legal Terms

 

13.1.   Relationship Between the Parties – The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.

13.2.   Force Majeure – If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned

13.3.   Change Without Notice – The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Website. The User’s continued access or use of the Website/Services constitutes acceptance to be bound by these Terms, as amended. It is a User’s responsibility to read these Terms periodically to ensure they are aware of any changes.

13.4.   Entire Agreement – This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 11.3, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

13.5.   No Indulgence – No indulgence, leniency or extension of time granted by the Company shall constitute a waiver of any of the Company’ rights under these Terms and, accordingly, the Company shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

13.6.   Importation of Words – Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

13.7.   Headings as Reference – The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

13.8.   Governing Law – The User’s access and/or use of the Website and/or the Services and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

13.9.   Failure to Pay – In the event of a user failing to pay any amount timeously or breaching these Terms, they shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by the Company in relation to the payment failure or breach.

13.10.   Severability – Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

13.11.   Prohibited Provision – No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision”).  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 13.10.

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