User Terms & Conditions

1. Introduction

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

By signing up to 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.
• "platform" means the Pulse platform including all aspects, facilities and services of any nature whatsoever related thereto.
• "you"/"your" means the employee signing up to the platform.

3. Acceptance of Terms & Conditions

Signing up to the platform is entirely voluntary and at your own risk.

You further confirm that you have the legal capacity to enter into this agreement. If you are uncertain about your legal capacity, please seek advice before signing up to the platform. If you do not agree with any part of these Ts & Cs, you should not sign up to the platform.

4. Modifications of Ts & Cs

We reserve the right to modify, amend, or update these Ts & Cs at any time, for any reason, and at our sole discretion, without prior notice. Any changes will take effect immediately upon being published on the platform unless stated otherwise. As an employee, it is your responsibility to stay informed about the latest terms governing the platform.

By continuing to solicit reviews or represent your employer on the platform, after any changes, you are deemed to have accepted and agreed to the updated terms in their entirety. If you have questions or concerns about any changes, you are encouraged to seek clarification promptly from management.

We will not be liable for any misunderstandings or non-compliance stemming from your failure to review or adhere to updated terms.

5. Scope of Services

The platform is designed to facilitate the collection and management of customer reviews, thereby enhancing employee performance assessments. Although the platform offers limited direct services to you, it plays a crucial role in your career growth and development.

After completing the one-time sign-up process, you will not have ongoing access to the platform and will not be able to view reviews directly.

However, your Pulse profile remains active and is connected to your 13-digit South African ID. This allows you to use your accumulated reviews as part of your professional reference when applying for new positions, whether within your current employment or with a different employer. These reviews can serve as a valuable component of your CV, showcasing your performance and customer feedback to potential employers and contributing to your career advancement.

6. Sign-Up Process

You have been invited by your employer via SMS, granting you eligibility to sign up for the platform at no cost. Upon signing up, you are required to accept these Ts & Cs. During the sign-up process, you will be prompted to input personal details, including but not limited to your name, surname, nickname/display name, and telephone number. For identity verification, you must provide your 13-digit South African ID number and take a selfie.

While assistance with the sign-up process is permitted, you are solely responsible for the accuracy of the information provided. By entering your ID and uploading a selfie, you acknowledge and accept these Ts & Cs. Furthermore, you confirm that all information provided, whether entered by yourself or by someone assisting you, is true, accurate, current, and complete as required by our registration form and link.

Your employer will not provide any of your personal information to the platform. However, they will validate your information before activating your listing on the platform and upload a display picture for your QR card. If you choose not to participate in the platform, you can select "decline" on the enrolment page link you received via SMS.

7. 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 platform.

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

8. Data Collection and Use

Upon registration, you authorise the collection, storage, and utilisation of the following information, which will constitute your profile on the platform. 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, ID number, email address, telephone number and assigned QR code. This information forms your profile on our site/app and any data or information generated from your profile.

Service Ratings

Your performance will be rated by customers who interact with you. They will use a QR code that directs them to a landing page where they can provide ratings and answer questions. These ratings can serve as a reference or "CV" when applying for internal roles, promotions, or new positions in other companies.

Evaluation by Business Owner

Your employer will use these ratings to evaluate staff performance. They may incentivise good performance using these ratings as a reference for bonuses and other incentives. They may also identify areas requiring coaching or training to address poor performance.

Customer Feedback

Customers will share their experience by rating the service provided by you. They may also enter competitions by participating in the rating process.

Profile Data for Performance Assessment and Disciplinary Actions

Data generated from your profile serves as a crucial tool for your employer in assessing your performance accurately. This data provides insights into various aspects of your work, including your interactions with customers, service delivery efficiency, and overall job competency.

For performance reviews, your employer may analyse the ratings and feedback received from customers to evaluate your strengths and areas needing improvement. Positive ratings and feedback can highlight exemplary performance and may contribute to recognition or advancement within the company. On the other hand, negative ratings or feedback may indicate areas where further training or support is necessary.

Additionally, data from your profile may be used in disciplinary actions by your employer if there are instances of misconduct or substandard performance. For example, if there are consistent complaints from customers regarding your service quality or behaviour, your employer may use this data as evidence to address the issue through corrective measures or disciplinary actions.

Employee Performance Evaluation and Incentive Consideration

Your generated data, including service ratings and feedback, may serve as a crucial Key Performance Indicator (KPI) for assessing your performance and determining eligibility for incentives or bonuses. This information will be shared with your employer to facilitate fair and transparent evaluation. By analysing your service history and customer feedback, your employer can objectively gauge your contributions and dedication to your role. This process not only rewards outstanding performance but also motivates you to strive for excellence in your duties.

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 platform remains our exclusive property and cannot be deleted.

9. Data Ownership & Retention

By signing up for the platform, you acknowledge and agree that your profile and reviews connected to your profile, 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 your profile or associated data and cannot request their deletion.

We reserve the right to deactivate your profile and remove any content from it at our discretion. This may occur if you violate the terms outlined in these Ts & Cs or engage in any activities deemed detrimental to the platform.

10. 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 shared with your employer and other authorised entities as necessary.

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

11. Voluntary Participation and Incentives

Signing up to the platform is entirely voluntary and at your own risk. Employees who decide to participate will have the opportunity to receive incentives, although eligibility is not guaranteed. However, employees who choose not to participate will not be eligible for these incentives, nor will they have access to training opportunities aimed at improving customer service skills.

12. Employee Responsibilities & Obligations

As an employee utilising the platform, you are required to adhere to the following responsibilities and obligations:

Providing Accurate Information: You must ensure that all information provided during the sign-up process is true, accurate, and current. Any inaccuracies may result in the deactivation of your profile.

Platform Usage Obligations: You are obligated to sign up to the platform in accordance with these Ts & Cs. This includes but is not limited to refraining from engaging in any fraudulent or deceptive practices.

Soliciting Reviews: Employees are expected to actively solicit reviews from customers after completing the sign-up process. To remain eligible for incentives, rewards, or awards, you must obtain at least ten (10) valid customer reviews per week. These reviews are integral to building your performance profile with your employer. You must not solicit false or misleading reviews. Only valid reviews will be considered, and any reviews flagged as fraudulent will be discarded. Additionally, any attempts to manipulate reviews may result in the deactivation of your profile and potential legal consequences.

Professional Engagement: You are required to conduct yourself professionally and courteously when interacting with customers and soliciting reviews. Any behaviour deemed unprofessional or disrespectful may result in your employer taking disciplinary action, including the removal of reviews from your profile or deactivation of your profile.

13. Employer Responsibilities & Obligations

Your employer utilising the platform is bound by the following responsibilities and obligations:

Data Usage by Employers: Employers may utilise the data collected through the platform for various purposes, including but not limited to performance reviews, training initiatives, and bonus allocation. This data serves as a valuable resource for assessing employee performance and enhancing organizational processes.

Respect for Data Privacy: Employers must respect the data privacy and rights of employees when utilising the information collected through the platform. This includes ensuring that employee data is handled in accordance with applicable privacy laws and regulations. Employers are prohibited from using the data for any unlawful or unethical purposes.

Review Management: All customer reviews collected through the platform will be managed and accessed solely by the employer. The employer retains the discretion to share individual reviews with employees as deemed appropriate.

14. Incentives & Rewards

By actively seeking reviews from customers, you may qualify for incentives and rewards designed to acknowledge and promote outstanding performance. However, please note that the availability of these incentives and rewards is solely at the discretion of your employer.

Incentives for exemplary performance are determined by considering various factors, such as the quantity and quality of customer reviews received, adherence to company standards and policies, and overall customer satisfaction ratings. The specific criteria and benchmarks for determining incentives may vary depending on the discretion of your employer and the organisational objectives.

Following the evaluation of performance metrics, eligible employees may receive incentives tailored to their achievements. These incentives can encompass monetary rewards, additional privileges, or other forms of recognition as deemed appropriate by your employer.

Furthermore, bonuses may be granted based on predefined criteria established by your employer. These criteria might encompass reaching specific performance targets, surpassing customer satisfaction objectives, or demonstrating exceptional service delivery.

Please bear in mind that while efforts are made to incentivise and reward outstanding performance, the actual provision of incentives and bonuses remains subject to the policies and decisions of your employer.

15. Service Champion Competition

If your employer participates in the Service Champion incentive, you may be automatically entered into the weekly Service Champion Competition once you receive a minimum of ten (10) valid reviews. Each week, a winner is selected by an algorithm that considers the quantity of reviews as well as the achieved ratings received. Therefore, it is essential to solicit sufficient and high-quality reviews to be eligible for the competition.

If you win, you will be notified accordingly. It is crucial to claim and accept your prize promptly. Failure to do so will result in the selection of an alternate winner.

To ensure fairness and transparency, all winners are required to take a photo with a store representative when collecting their prize. These photos may be shared on various platforms, including but not limited to social media, promotional materials, websites, and other marketing channels, to encourage participation from both customers and employees. If you prefer not to have your photo shared publicly, you may decline to participate in the handover photo. In such cases, you will forfeit the prize, and the prize will be awarded to the employee with the next best performance for that period.

16. Legal Compliance

Employees utilising the platform are required to comply with all applicable laws and regulations governing their employment. You must adhere to all local, national, and international laws and regulations relevant to your employment.

In particular, you are reminded of your obligations under the Basic Conditions of Employment Act, 75 of 1997, which sets out the basic rights and responsibilities of both employers and employees in South Africa. Additionally, the Labour Relations Amendment Act, 8 of 2018 outlines amendments to South Africa's labour laws, including provisions related to collective bargaining, dispute resolution, and employee rights.

You are expected to adhere to the terms and conditions stipulated in your employment contract. This entails fulfilling your assigned tasks, working conditions, code of conduct and presenting yourself professionally as per the terms agreed upon in your employment agreement.

We recognise and respect the presence of unions and labour laws. Participation in the platform is entirely voluntary. We ensure that employees have the freedom to choose whether to participate without any pressure. To encourage participation, we clearly outline the benefits, such as potential incentives and opportunities for training and development. Our goal is to create a positive and supportive environment that protects the interests of everyone involved — employees, employers, and ourselves.

17. Deactivation

You may deactivate your profile at any time, for any reason, by notifying your employer of your decision. Upon deactivation, your profile will be made inactive, but all associated data, including customer reviews, will be retained indefinitely. This retention is in accordance with the conditions outlined by our privacy policy, particularly for historical, statistical, or research purposes, and to provide proof of performance for both current and future employment opportunities. We may deactivate your profile on the platform at any time, with or without cause, and without prior notice. This deactivation won't result in any liability or further obligation to you or any other party.

If you breach any of these Ts & Cs, we may not only deactivate your participation but also prohibit your future participation, and take legal action against you, including seeking urgent or interim relief or claiming damages. We reserve all rights in this regard and will not be liable to you in any way.

Even if your participation is deactivated, certain provisions of these Ts & Cs will continue to apply, such as those related to ownership, disclaimers, indemnity, and limitations of liability.

18. 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 platform, what effects the content on or in connection with the platform may have on you or your employment, how you may interpret the content on or in connection with the platform or what actions you may take as a result of being exposed to the content on or in connection with the platform.

You release us from all liability for any content or information you acquire (or fail to acquire) through the platform. We are not responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the 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 sign up to the platform at your own risk. We shall not be liable for any loss resulting from signing up to the platform. We are not liable for any criminal, tortious, or negligent actions or omissions of third parties that affect the platform.

No advice or information, whether oral or written, obtained by you from the 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 platform will meet your requirements, the platform will be uninterrupted, timely, secure, or error-free, the results obtained from signing up to the platform will be accurate or reliable, or any errors in the software will be corrected. You agree that we may remove the platform for indefinite periods of time or cancel the platform at any time, without notice to you.

We cannot be held liable if your signing up to the platform affects your employment in any way. This includes, but is not limited to, disciplinary actions, termination, or any other employment-related consequences that may arise. By signing up to the platform, you agree that any employment decisions made by your employer are independent of our service and beyond our control.

By signing up to the platform, you release us from any claims or damages related to your employment. This includes any disputes arising from your employer's interpretation of your review on the platform. You agree to indemnify and hold us harmless from any claims, losses, or damages resulting from you signing up to the platform in relation to your employment.

We are not responsible for any damages that may occur from signing up to 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. We do not guarantee that the platform will be available or that all features will work as described.

19. Indemnity

You agree to indemnify, defend, and hold us harmless, furthermore our 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 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 platform, and any intentional or wilful violation of another's rights or harm you may have caused to another.

20. 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 George, 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.

21. 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.

22. Agreement & Electronic Acceptance

By signing up to the platform, 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 signed up to the platform.

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

23. 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.

24. 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 platform, you will need to cover all those costs.

25. 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.

Please note that by signing up for the platform, you are in no way guaranteed employment or the renewal of employment. You might have additional agreements with third parties, such as an employment contract. You assure us that these third-party agreements, including those under the Basic Conditions of Employment Act, 75 of 1997, and the Labour Relations Amendment Act, 8 of 2018, do not conflict with your responsibilities to us under these Ts & Cs.

26. 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.

27. Waiver

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

28. 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.