Business Participation Terms & Conditions

1. Introduction

Welcome to Pulse. Pulse is an innovative feedback and review platform designed to bridge the gap between employees, businesses, employers, and customers. The platform facilitates transparent, real-time performance reviews of employees and businesses by customers, providing valuable feedback to employers.

The Agreement outlines the Ts & Cs under which the Business may participate in the platform. By accepting the Agreement, the Business agrees to adhere to the guidelines and responsibilities set forth herein to effectively utilise the services offered by Pulse. The Agreement is designed to foster a transparent and collaborative relationship between Pulse and the participating business, ensuring that all parties understand their rights and obligations as they engage with the platform.

2. Definitions

In the Ts & Cs:

• "Ways Review (Pty) Ltd" means Ways Review (Proprietary) Limited (2023/163924/07), a private company duly incorporated in accordance with the laws of the Republic of South Africa with limited liability.
• "Pulse" means the Pulse platform, a product of Ways Review (Pty) Ltd, including all aspects, facilities and services of any nature whatsoever related thereto.
• "the Business" refers to the company, legal entity, legal person or sole proprietor participating in the platform.
• "Agreement" refers to the Business Participation Agreement which is a legal contract between Ways Review (Pty) Ltd and the Business, outlined in the Ts & Cs under which the Business participates in and utilises the platform.

3. Modifications of Ts & Cs

Pulse retains the right to modify, amend, or update these Ts & Cs at any time, without prior notice to the Business. Such changes are made at Pulse's sole discretion and take effect immediately upon being published on the platform unless otherwise specified. It is essential for the Business to review these Ts & Cs regularly to remain informed of any updates that may affect their use of the platform.

By continuing to use the platform after any amendments have been made, the Business acknowledges and agrees to the updated Ts & Cs in full. This includes accepting any new obligations, limitations, or rights introduced through the modification. Businesses unwilling to accept amended terms are required to discontinue use of the platform immediately and may contact Pulse to terminate their account or any associated agreements.

Pulse shall not be held responsible for any consequences, disputes, or misunderstandings arising from the Business's failure to review or adhere to the most current version of the Ts & Cs. Regular monitoring of updates is the sole responsibility of the Business, ensuring their compliance with the latest published provisions.

4. Services

Platform Participation

Pulse agrees to provide the Business with access to the platform, enabling the Business to monitor reviews specifically focused on its employees. Customers will provide feedback and ratings on the performance of the Business's employees, allowing the Business to assess employee effectiveness and identify areas for training and improvement. Additionally, customers will have access to a secondary review page where they can review and rate their perception of the business itself, which will appear after submitting an employee review.

Employee Review Collection

Pulse will facilitate the collection of employee ratings and feedback from customers, ensuring that the Business receives valuable insights into employee performance.

Customer Support

Pulse will offer support services to the Business, including assistance with platform navigation, review management, and addressing any inquiries related to the platform.

Compliance and Best Practices

Pulse will ensure that the review collection process adheres to applicable laws and regulations. The Business is responsible for ensuring compliance with all applicable laws in the operation of its business and agrees to indemnify Pulse against any claims arising from non-compliance.

Updates and Enhancements

Pulse reserves the right to update or enhance the services offered under the Agreement. The Business will be notified of any significant changes that may affect its participation on the platform.

Service Availability

While Pulse strives to provide continuous access to its services, it does not guarantee uninterrupted availability and may, from time to time, conduct maintenance or updates that may temporarily affect service access.

5. Fees

A Business using the Pulse platform will incur a monthly subscription fee of R1,000 (excluding VAT) per site for access to the services, after an initial 7-day free trial period. This fee is billed on a monthly basis and must be paid in advance to ensure uninterrupted access to the platform.

Payments will be processed through a payment portal, with the accepted payment methods being credit or debit cards. If a Business operates multiple site locations, the subscription fee will apply to each site location under the Business's account, with volume discounts available based on the number of sites.

Ways Review (Pty) Ltd is not currently registered for VAT with the South African Revenue Service (SARS). VAT will only be charged once the registration is complete and a VAT number has been issued by SARS.

6. Termination

In the event that the Business wishes to terminate their subscription, they can do so by selecting the "Cancel Subscription" button on the Billing page of the platform. Upon cancellation, all services will be suspended at the end of the current billing period, as the subscription is paid in advance. If the Business cancels before the next payment date, the subscription will continue until the end of the current billing period. Access to the platform will be suspended if the account is not paid up.

Pulse reserves the right to terminate the Agreement immediately if the Business fails to comply with any Ts & Cs outlined herein, including but not limited to non-payment of subscription fees or violation of applicable laws. Upon termination, any data or reviews associated with the Business's account may be permanently deleted or rendered inaccessible, however the data will remain the property of Ways Review (Pty) Ltd.

It is the responsibility of the Business to ensure that they have retrieved any necessary data or information before the termination takes effect. Pulse accepts no liability for any loss or damages incurred as a result of the termination or cancellation of the Agreement.

7. Business Responsibilities

The Business agrees to participate in the platform and comply with the Ts & Cs outlined in the Agreement. The Business will receive access credentials and the necessary tools or resources to effectively manage its participation.

The primary purpose of the platform is to facilitate the sharing of customer reviews and feedback regarding the Business's site perception, employee customer service, products and/or services. The Business agrees to utilise the platform primarily for this purpose and in a manner consistent with its intended use.

Furthermore, the Business acknowledges that all customer reviews and feedback posted on the platform are subject to moderation by Pulse to maintain the quality and integrity of the content.

The Business is granted a non-exclusive, non-transferable license to access and use the platform in accordance with the Agreement. This license is strictly limited to the purposes of participation and does not confer any rights beyond those explicitly outlined. Pulse reserves the right to modify the platform's features, functionalities, or services, and the Business will be informed of any significant changes that may impact its participation.

The Business agrees to adhere to all policies and requirements established by Pulse for participation in the platform. It is the Business's responsibility to provide accurate, complete, and up-to-date information about its operations, employees, and services. This obligation extends to ensuring that all data and content submitted to the platform, such as business profiles and employee details, are current and accurate.

Active monitoring and management of reviews and feedback received on the platform are the responsibility of the Business. This includes addressing customer queries, once such functionality becomes available, resolving issues raised in reviews, and implementing necessary improvements based on feedback.

Additionally, the Business is responsible for ensuring the security and confidentiality of any data it handles in relation to the platform, protecting against unauthorised access, and complying with relevant data protection laws and regulations. The Business agrees to comply with all applicable laws, regulations, and industry standards related to its operations and participation in the platform, including privacy laws and consumer protection regulations.

To enhance engagement, the Business agrees to actively promote its participation in the platform to its customers and encourage them to leave reviews. This may involve leveraging promotional materials provided by Pulse and participating in any associated incentive programs or promotional activities.

The Business acknowledges that it may operate multiple site locations under its name. Each site location must adhere to the same standards and responsibilities outlined in the Ts & Cs. The Business is responsible for ensuring that all locations are compliant with the platform's requirements and for maintaining consistent communication regarding customer feedback and ratings across all site locations.

The Business must designate a primary point of contact for each location to facilitate the efficient management of interactions and data collection on the platform. Although information and data related to each site location can be deactivated individually, all data will remain the exclusive property of Ways Review (Pty) Ltd and cannot be deleted or altered by the Business.

8. User Access and Security Levels

The Business is solely responsible for the actions and conduct of its employees, representatives, and any other individuals granted user access to the platform. It is crucial that user access is only provided to reliable and trustworthy persons. The Business must carefully vet and verify individuals before granting access, ensuring that only those who meet the necessary criteria are given the ability to use the platform.

To minimise the risk of misuse and ensure the protection of sensitive data, the Business must implement a principle of least privilege when granting access rights. Each user should be granted only the minimum level of access necessary to perform their job functions. This reduces the likelihood of data breaches and ensures the protection of employee and company information.

The Business must regularly review and update user access rights to ensure they remain appropriate. If there are any changes in a user's role, employment status, or if access is no longer required, the Business must promptly suspend or revoke their access to the platform. This includes immediate action when an employee or representative leaves the company.

The Business is also responsible for implementing security measures, such as secure login credentials, strong password policies, and multi-factor authentication, to ensure platform security and protect the confidentiality of all data stored on the platform. These measures help prevent unauthorised access and mitigate the risks of data loss or theft.

In the event of any suspected security breach, unauthorised access, or misuse, the Business must promptly notify Pulse and take corrective action. Pulse reserves the right to suspend or terminate user access if any breach of security is detected, ensuring the safety of the platform and its users.

9. Incentive Programs

The Business is encouraged to implement incentive programs for employees and customers through the Pulse platform's campaign function. To ensure a smooth operation of these campaigns, please adhere to the following protocols.

Customer Lucky Draw Competition

Each valid customer review submitted during an active incentive campaign will be automatically entered into a customer lucky draw competition. The Business is responsible for regularly monitoring the campaign to ensure that the process is functioning correctly. Customer winners will be drawn on a frequency set during campaign setup. An unbiased algorithm will randomly select the winner, and the winner's details will be displayed on the campaign page under the "Winners" section.

The Business must appoint a designated person to promptly notify the winning customer by phone. If the winner is unavailable by phone, a notification should be sent via SMS or WhatsApp. Winners must be informed that they must claim and collect their prizes in-store within 48 hours of notification, or their prize will be forfeited. This timeframe must be clearly communicated to winners, and the importance of timely collection emphasized. If a prize is not claimed within 48 hours, a redraw must be conducted to select a replacement winner. The winner page on the campaign will indicate that a redraw is available 48 hours after the initial customer winner has been chosen by the algorithm. This process must be documented for transparency.

If a winner cannot collect their prize within 48 hours, they forfeit the prize. All customer winners must take a picture with a store representative as proof of prize handover. This requirement is outlined in the Customer Ts & Cs, which customers must agree to before submitting a review. By accepting the Customer Ts & Cs, customers explicitly consent to the posting of their photo on social media. Customers who do not wish to have their photo taken and posted on social media will forfeit their prize. Additionally, customers are not permitted to nominate another individual to receive the prize in their place. The prize is strictly for the selected customer and cannot be transferred or reassigned.

Employee Competition

Employee winners are determined by calculating the score based on the following formula: the number of reviews submitted during the draw period multiplied by the average review rating over that period. The employee with the highest score at the end of the draw period will be declared the winner.

By registering on the Pulse platform, each employee enters into an agreement with Ways Review (Pty) Ltd by accepting the Ts & Cs provided through their registration link. The Ts & Cs include the employee's consent to have their photo taken during prize handovers, should they win a prize. The Ts & Cs inform employees and obtain their consent at the time of registration for the use and sharing of prize handover photos across various platforms, including, but not limited to, social media, promotional materials, websites, and other marketing channels of both the participating Business and Pulse.

If an employee declines to have their photo taken during the prize handover, the Business must inform the employee that they will forfeit the prize, and the prize will then be awarded to the next best-performing employee for that period. By accepting the Employee Ts & Cs upon registration on the Pulse platform, employees grant consent for their photos to be used as described above.

Maintaining Records of Winners

Photos of both customer and employee winners will be shared on various platforms, including but not limited to social media, promotional materials, websites, and other marketing channels of the Business and Pulse to promote engagement with the incentive program. It is essential for the Business to maintain a record of all prize handover photos, which are required to be uploaded to the platform's winners log under the campaign's "Winners" page.

10. Intellectual Property

Unless otherwise stated, Ways Review (Pty) Ltd, or persons related to Ways Review (Pty) Ltd (as defined in the Companies Act, 71 of 2008), own the intellectual property rights associated with the platform.

All rights, including copyright, of the platform and the reviews of employees and businesses, and database of employees, users, are owned by Ways Review (Pty) Ltd.

11. Data Collection and Use

By participating in the platform, the Business authorises the collection, storage, and utilisation of the following information. This data will be safeguarded and managed in compliance and addition to Pulse's Privacy Policy, to which the Business hereby provides consent:

Business Information

The Business is required to provide essential details, including its official name, contact information, and any other pertinent information during the registration and participation process. This information is vital for establishing a professional relationship and ensuring effective communication throughout the engagement with Pulse.

Service Ratings

The Business has the opportunity to receive customer ratings and feedback, which can significantly impact its reputation and service improvement strategies. This data is collected through various features of the platform, including rating systems and feedback forms. The Business can access these ratings to gauge customer satisfaction and identify areas for enhancement, thereby fostering a customer-centric approach.

Data Transfer and Sharing

Data provided by the Business may be transferred across provincial and national borders. This transfer is essential for purposes such as data consolidation, secure storage, and streamlined user information management. It is important to emphasize that all profiles and data generated from interactions on the platform remain the exclusive property of Ways Review (Pty) Ltd. Consequently, the Business acknowledges that this data cannot be deleted and will be maintained in accordance with the operational needs of the platform.

12. Data Ownership & Retention

By registering and signing up on the platform, the Business acknowledges and agrees that any reviews submitted will be retained indefinitely and shall remain the exclusive property of Ways (Pty) Ltd. This indefinite retention is essential for fulfilling the purposes for which the information was collected and is also necessary for lawful purposes related to Pulse's functions and activities. The Business does not possess any ownership rights over the reviews or associated data and cannot request their deletion.

Pulse reserves the right to remove any review at its discretion.

13. Privacy Policy

Pulse is committed to protecting and safeguarding the privacy of all participating businesses. The handling of data collected through the platform will be conducted in strict accordance with the Pulse Privacy Policy. The Business's personal information and data will be treated as confidential and used solely for the purposes outlined in the Agreement and the Privacy Policy.

Pulse ensures that all data handling practices comply with relevant privacy laws and regulations, providing the Business with peace of mind regarding the security and integrity of their information.

By participating in the platform, the Business acknowledges that they have read, understood, and agreed to the Privacy Policy. The terms of the Privacy Policy are incorporated into the Agreement and govern how data is managed and utilised.

14. Warranties, Disclaimer & Limitations of Liability

The Business acknowledges that Pulse has no control over, and bears no responsibility for, which users are granted access by the Business to, or utilise the platform on behalf of the Business, the effects of the content on or related to the platform, or how the Business interprets or acts upon the content encountered on the platform.

The Business releases Pulse from all liability for any content or information acquired (or not acquired) through the platform. Pulse is not responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the platform. There are no guarantees or warranties, express or implied, regarding the reliability, accuracy, timeliness, or completeness of reviews, and Pulse assumes no responsibility for any errors or omissions.

Pulse is not liable for any criminal, tortious, or negligent actions or omissions of third parties that may impact the platform.

No advice or information, whether oral or written, obtained by the Business from the platform shall create any warranty not expressly stated in the Ts & Cs. Except as expressly provided herein, Pulse does not represent or warrant that the platform will meet the Business's requirements, that the platform will be uninterrupted, timely, secure, or error-free, or that any errors in the software will be corrected. Pulse may remove the platform for indefinite periods of time or cancel the platform at any time, without notice to the Business.

The Business agrees to indemnify and hold Pulse harmless from any claims, losses, or damages resulting from the platform.

Pulse is not responsible for any damages that may occur from using the platform. This includes direct, indirect, incidental, special, punitive, compensatory, consequential, or exemplary damages.

The platform is provided on an "as is" and "as available" basis. Pulse does not guarantee that the platform will be available or that all features will function as described.

15. Indemnity

The Business agrees to indemnify, defend, and hold harmless Ways Review (Pty) Ltd and Pulse, including its officers, directors, managers, owners, employees, agents, designees, users, successors, assigns, service providers, suppliers, licensors, advertisers, and operational service providers, from any and all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys' fees and court costs.

This indemnification covers any violations of the Ts & Cs by the Business, any inaccurate or untruthful content or information provided or submitted by the Business through the platform, and any intentional or wilful violations of another's rights or harm caused to another party by the Business.

16. Disputes

If any claim or dispute arises between the Business and Pulse related to the Ts & Cs, it may be resolved through arbitration in accordance with the Commercial Rules of the Arbitration Foundation of South Africa. An arbitrator or arbitrators appointed by this foundation will conduct the arbitration in George, in English, with the aim of completing the process within 21 days after it commences. The Business agrees that the arbitrator's decision will be final and binding and may be made an order of court.

Pulse reserves the right to choose the forum for resolving any matter, which may include the courts of the Republic of South Africa. This right remains in effect even after the Ts & Cs are terminated, cancelled, or amended. The Business agrees that Ways Review (Pty) Ltd may, but is not required to, initiate proceedings in any Magistrates' Court in the Republic of South Africa with jurisdiction over the Business, even if the amount in question exceeds the court's jurisdiction.

17. Governing Law

The Ts & Cs shall be governed by, construed, and interpreted in accordance with the laws of the Republic of South Africa. Consequently, any disputes, claims, or legal proceedings arising from or in connection with the Ts & Cs will be subject to the jurisdiction of the South African courts.

By agreeing to the Ts & Cs, the Business acknowledges the importance of adhering to the legal framework established by the laws of the Republic of South Africa. This adherence ensures clarity and consistency in the interpretation and enforcement of the Ts & Cs, providing a solid foundation for the rights and obligations of both parties involved.

In the event of any discrepancies or conflicts between the Ts & Cs and the laws of the Republic of South Africa, the provisions of South African law shall prevail to the extent permitted by applicable legislation.

18. Agreement & Electronic Acceptance

By registering on the platform, the Business acknowledges and agrees that the Ts & Cs establish a binding agreement between the Business and Pulse, regardless of whether they are presented in whole or in part as a data message. Furthermore, the Business expressly consents to the understanding that the Agreement shall be deemed to have been concluded at Ways Review (Pty) Ltd's physical address on the date of registration.

It is important to note that neither the Business nor Pulse requires an electronic signature for the purpose of consenting to the Ts & Cs. The Business's registration on the platform constitutes sufficient evidence of its acceptance and agreement to be bound by the Ts & Cs.

19. Legal Service of Documents and Notices

The Business acknowledges the following addresses as the designated locations for the service of all purposes under the Ts & Cs, including court processes, notices, or any other documents or communications of any nature:

Physical Address:
Shop 6
63 York Street
Dormehls Drift
George
Western Cape
6530
Republic of South Africa

All notices to Pulse must be marked for the attention of Ways Review (Pty) Ltd. Legal notices or those pertaining to legal proceedings must be delivered by hand to the physical address provided above.

Notices delivered to the specified address will be considered duly given 3 days after they have been hand-delivered to the physical location. The Business agrees that Pulse may send any notices related to the Ts & Cs via electronic communication.

20. Legal Costs

Any costs incurred by Pulse as a result of the Business's breach of the Ts & Cs will be the responsibility of the Business. This includes all expenses, such as legal fees, which will be calculated on an attorney-and-own-client scale. If Pulse needs to engage attorneys or take any legal action due to actions taken by the Business on the platform, the Business will be liable for all associated costs.

21. Entire Agreement

The Ts & Cs, along with Pulse's Privacy Policy, constitute the entire agreement between the Business and Pulse. The Agreement supersedes any prior discussions or agreements, whether written or oral, regarding the matters addressed in the Ts & Cs.

Any leniency, time extension, waiver, or relaxation of the Ts & Cs granted by Pulse does not impede its ability to enforce its rights in the future. Such actions do not signify a waiver of any rights and do not prevent Pulse from exercising its rights against the Business for past or future matters.

22. Assignment

The Business may not assign any of its rights or obligations under the Ts & Cs, whether by operation of law or otherwise, without the prior written consent of Pulse, which shall not be unreasonably withheld.

23. Waiver

No failure or delay by Pulse in exercising any rights under the Ts & Cs shall be deemed a waiver of those rights.

24. Severability

If any provision of the Ts & Cs is held to be contrary to law, by a court of competent jurisdiction, the provision will be deemed null and void, and the remaining provisions of the Ts & Cs will remain in effect.

Any provision in the Ts & Cs which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of Ts & Cs, without invalidating the remaining provisions of the Ts & Cs.