Customer Terms & Conditions

1. Introduction

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

By scanning the QR code and submitting a review on Pulse, you agree to comply with and be bound by the following Terms and Conditions ("Ts & Cs"). These Ts & Cs form a binding agreement between you and Pulse, therefore please read these Ts & Cs carefully as they contain important information about your legal rights, remedies, and obligations.

2. Definitions

In these Ts & Cs:

• "we/us/our" 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, trading as Pulse.
• "review platform" means the Pulse review platform including all aspects, facilities and services of any nature whatsoever related thereto.
• "you"/"your" means the customer submitting a review.

3. Acceptance of Terms & Conditions

Submitting a review on the review platform is entirely voluntary and at your own risk.

By submitting a review, you confirm that you have the legal capacity to enter into this agreement. If you are uncertain about your legal capacity, please seek advice before submitting a review. If you do not agree with any part of these Ts & Cs, you should not submit a review.

4. Scope of Services

The review platform is designed to facilitate the collection and management of customer reviews, thereby enhancing the performance assessments of employees and businesses you interact with. By providing feedback, you contribute to improving the quality of service and overall customer experience.

When you submit a review, it helps employees and businesses improve their service based on your feedback. Although the review platform offers limited direct services to you, your participation is crucial in ensuring better customer service.

You are not required to sign up or create an account to submit a review. Each time you wish to submit a review, you will go through the process of scanning a QR code, accepting these Ts & Cs, and providing your full name and cellphone number. Your feedback will be collected and used to assess and improve the performance of employees and businesses, but you will not have ongoing access to the review platform or the ability to view reviews directly.

5. Intellectual Property

Unless otherwise stated, we, or persons related to us (as defined in the Companies Act, 71 of 2008), own the intellectual property rights associated with the review platform.

All rights, including copyright, of the review platform and the reviews of employees and businesses, and our database of employees, users, are owned by us.

6. Data Collection and Use

When you submit a review, you authorise the collection, storage, and utilisation of the following information. This data will be safeguarded and managed in compliance with our Privacy Policy, to which you hereby provide consent:

Personal Information

Personal information as defined in terms of the Protection of Personal Information Act, 4 of 2013. This includes your name, surname, telephone number and a handover picture should you win.

Service Ratings

You have the opportunity to rate the performance of employees and businesses you interact with. By scanning a QR code, you will be directed to a landing page where you can provide ratings and answer questions about your experience.

Data Transfer and Sharing

Your personal information provided to us may be transferred across provincial and national borders to facilitate data consolidation, storage, and simplified user information management. It's essential to note that all profiles and data generated through your interactions on the review platform remains our exclusive property and cannot be deleted.

Data Use

We collect your information for two primary reasons: Firstly, to contact you should we require additional details or clarification about your review or comment, allowing us to enhance and tailor our services to better meet your needs. Secondly, to notify you if you are selected as a winner in the randomized lucky draw competition of a participating business, ensuring that you can claim your prize promptly and participate in the rewarding aspects of our feedback program.

7. Data Ownership & Retention

By submitting a review, you acknowledge and agree that your review will be retained indefinitely and remain our exclusive property. This retention is necessary to achieve the purposes for which the information was collected. Retention of records is also required for lawful purposes related to our functions and activities. You do not hold any ownership rights over the reviews or associated data and cannot request their deletion.

We reserve the right to remove your review at our discretion.

8. Privacy Policy

We are committed to protecting your privacy and will handle your data in accordance with our Privacy Policy. Your personal information will be kept confidential and will only be used as outlined in these Ts & Cs.

You acknowledge that you have read and understood our Privacy Policy, the terms of which are incorporated into these Ts & Cs.

9. Submitting a Review

By submitting a review, you confirm that the information you provide is both accurate and truthful. This ensures the integrity and reliability of the feedback process, allowing us to address your concerns and make informed decisions based on genuine customer experiences.

To submit a review, you need to interact with an employee or business and then scan the QR code provided. This QR code will redirect you to a landing page where you can provide your ratings and submit a detailed review. You will be asked to enter your full name and cellphone number to complete the review process. Your honest feedback is invaluable in helping us identify areas for improvement and recognize exemplary service, ultimately contributing to a better experience for all customers.

Additionally, you acknowledge that your review will be used to enhance our services and improve the performance evaluations of employees and businesses. Your feedback plays a crucial role in our efforts to continuously improve and deliver exceptional service.

10. Lucky Draw Competition Rules

Businesses using the review platform may choose to incentivise their employees and/or customers through the platform's campaign function. If you submit a review at a business participating in such an incentive campaign, your review will be automatically entered into a lucky draw competition. Winners will be notified by the participating business via phone call or, if unreachable by phone, via SMS or WhatsApp. Prizes must be claimed and collected in-store within 48 hours of notification. If not claimed within 48 hours, the prize will be forfeited, and a new draw will determine a new winner.

If you are unable to collect the prize within the designated 48-hour timeframe, or if you choose not to claim it for any reason, the prize will automatically be forfeited. Once forfeited, the opportunity to claim the prize is void, and no extensions or exceptions will be made. In such cases, a new winner will be selected at random by the platform's algorithm, ensuring that the prize is awarded to another participant in the campaign.

All winners are required to take a photo with a store representative as proof of prize handover. These photos will be used to promote engagement and participation in the incentive programme and may be shared on various platforms, including but not limited to the social media pages of the participating Business and Pulse, promotional materials, websites, and other marketing channels. By participating in the lucky draw competition, winners explicitly consent to the use and public sharing of their prize handover photo for these purposes.

If a winner declines to have their prize handover photo taken, they will automatically forfeit the prize. In such cases, the prize will be reallocated, and a new random winner will be selected through the platform's algorithm. This process ensures fairness and transparency and will be appropriately documented.

11. Warranties, Disclaimer & Limitations of Liability

You acknowledge that we have no control over, and no duty to take any action regarding which users gain access to or use the review platform, what effects the content on or in connection with the review platform may have on you, how you may interpret the content on or in connection with the review platform or what actions you may take as a result of being exposed to the content on or in connection with the review platform.

You release us from all liability for any content or information you acquire (or fail to acquire) through the review platform. We are not responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the review platform. We make no guarantees or warranties, express or implied, regarding the reliability, accuracy, timeliness, or completeness of reviews or reports and assume no responsibility for any errors or omissions.

You submit a review at your own risk. We shall not be liable for any loss resulting from submitting a review. We are not liable for any criminal, tortious, or negligent actions or omissions of third parties that affect the review platform.

No advice or information, whether oral or written, obtained by you from the review platform creates any warranty not expressly stated in these Ts & Cs. Except as expressly provided in these Ts & Cs, we do not represent or warrant that the review platform will meet your requirements, the review platform will be uninterrupted, timely, secure, or error-free, the review platform will be accurate or reliable, or any errors in the software will be corrected. You agree that we may remove the review platform for indefinite periods of time or cancel the review platform at any time, without notice to you.

By submitting a review, you release us from any claims or damages. You agree to indemnify and hold us harmless from any claims, losses, or damages resulting from you submitting a review.

We are not responsible for any damages that may occur from leaving a review. This includes direct, indirect, incidental, special, punitive, compensatory, consequential, or exemplary damages.

The review platform is provided on an "as is" and "as available" basis. We do not guarantee that the review platform will be available or that all features will work as described.

12. Indemnity

You agree to indemnify, defend, and hold us harmless, furthermore our officers, directors, managers, owners, employees, businesses, 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 protection covers any violation of these Ts & Cs by you, any inaccurate or untruthful content or information you provide to us or submit, transmit, or make available through the review platform, and any intentional or wilful violation of another's rights or harm you may have caused to another.

13. Disputes

If any claim or dispute arises between you and us related to these 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 East London, in English, aiming to complete the process within 21 days after it begins. You agree that the arbitrator's decision will be final and binding and may be made an order of court.

We reserve the right to choose the forum for resolving the matter, which may include the courts of the Republic of South Africa. This right remains even after these Ts & Cs are terminated, cancelled, or amended. You agree that we may, but are not required to, initiate proceedings in any Magistrates' Court in the Republic of South Africa with jurisdiction over you, even if the amount in question exceeds the court's jurisdiction.

14. Governing Law

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

By agreeing to these Ts & Cs, you acknowledge the importance of adhering to the legal framework established by the laws of the Republic of South Africa. This 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 these 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.

15. Agreement & Electronic Acceptance

By submitting a review, you acknowledge and agree that these Ts & Cs establish a binding agreement between you and us, irrespective of whether they are presented in whole or in part as a data message. Furthermore, you expressly consent to the understanding that this agreement shall be deemed to have been concluded at our physical address on the date when you submitted the review.

It is important to note that neither you nor we require an electronic signature for the purpose of consenting to these Ts & Cs. Your submission of a review on the review platform constitutes sufficient evidence of your acceptance and agreement to be bound by these Ts & Cs.

16. Legal Service of Documents and Notices

We choose the below addresses for service for all purposes under these Ts & Cs, whether in respect of court process, notices or other documents or communications of whatsoever nature:

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

All notices to us must be marked for the attention of Ways Review (Pty) Ltd. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to our above postal address and also either delivered by hand to our above physical address.

Notices given to the above addresses will only be deemed to have been duly given 14 days after posting, if posted by registered post to our postal address or 3 days after delivery, if delivered by hand to our physical address.

You agree that we may communicate any notices to you under these Ts & Cs, through electronic communication or regular mail.

17. Legal Costs

Any costs that we incur due to your breach of these Ts & Cs, will be your responsibility. This includes all types of expenses, such as legal fees, which will be calculated on an attorney-and-own-client scale. Essentially, if we need to hire attorneys or take any legal action because of something you did on the review platform, you will need to cover all those costs.

18. Entire Agreement

These Ts & Cs, along with our Privacy Policy, form the complete agreement between you and us. This agreement replaces any previous discussions or agreements, whether written or oral, between us about the matters covered in these Ts & Cs.

Any leniency, time extension, waiver, or relaxation of these Ts & Cs that we may grant does not prevent us from enforcing our rights in the future. Such actions do not constitute a waiver of any of our rights and do not prevent us from exercising our rights against you for past or future matters.

19. Assignment

You may not assign any of your rights or obligations in terms of these Ts & Cs, whether by operation of law or otherwise, without our prior written consent, which we will not unreasonably withhold.

20. Waiver

No failure or delay by us in exercising any rights under these Ts & Cs will constitute a waiver of those rights.

21. Severability

If any provision of these 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 these Ts & Cs will remain in effect.

Any provision in these 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 these Ts & Cs.