Your continued use of this website, whether as a user or browser ("a user", "you", or "your"), indicates that you have read and accepted these terms. You may not use this website if you do not accept these terms. All sections of these terms apply to you unless a section expressly states otherwise. These terms operate in addition to any more specific terms that might apply to a user (including any design partner or subscription agreement); where a conflict exists, the more specific terms prevail to the extent of the inconsistency.
1.1. These terms apply fully to a user's use of this website ("the Website").
1.2. The Website is owned and operated by Sales Cadence (Pty) Ltd (registration number 2022/452270/07), trading as ClearToContact ("the Company").
1.3. By using this Website, a user agrees to accept these terms in full. Should a user not agree, they must immediately desist from using this Website.
1.4. Minors are not allowed to use this Website.
1.5. ClearToContact is not affiliated with, or endorsed by, the National Consumer Commission or the Information Regulator (South Africa). Nothing on this Website constitutes legal advice; compliance with the Consumer Protection Act, the Protection of Personal Information Act or any other legislation remains the responsibility of each business, and users should obtain their own legal advice.
2.1. All Website layout, content, material, information, data, software, icons, text, graphics, images, sound and video clips, user interface design, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code ("the intellectual property"), are owned, co-owned or licensed by the Company, its shareholders, affiliates and/or partners, and 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. A user may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property on the Website or the underlying software code, in whole or in part, without the prior written consent of the Company, which consent may be refused at the Company's discretion. Breach of these provisions may result in legal proceedings and a claim for damages.
2.3. The Company reserves the right to make improvements or changes to the intellectual property and materials on the Website, or to suspend or terminate the Website, at any time without notice, provided that any transactions already concluded through the Website will not be affected.
2.4. Where any intellectual property has been licensed to the Company or belongs to a third party, all rights of use are also subject to the terms and conditions that the licensor or third party imposes, and you agree to comply with such third-party terms.
2.5. Subject to adherence to these terms, the Company grants the user a personal, non-exclusive, non-assignable and non-transferable licence to use and display the content of the Website on any machine of which the user is the primary user. Nothing on the Website or in these terms should be construed as granting any further licence or right to use any intellectual property without the Company's prior written permission.
3.1. A user may not:
3.2. Certain areas of this Website may be restricted, and the Company may further restrict access to any area at any time at its absolute discretion. Any user ID and password for this Website are confidential and must be kept confidential by the user.
3.3. The Website is only available on compatible devices connected to the internet. It is the user's responsibility to obtain such devices and connectivity. The Company does not guarantee that the Website will function on any particular hardware or device.
4.1. Information submitted through forms on this Website (including design partner and waitlist applications) must be the user's own, accurate, and must not infringe any third party's rights. The Company reserves the right to decline or remove any submission at any time without notice.
5.1. A user's personal information will be processed in accordance with the Company's Privacy Policy.
6.1. This Website may contain links to other websites. The Company has no control over websites operated by third parties, and 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. Such access and use remain solely at the user's own risk and on the terms set by the operator of that site.
6.2. Data messages, including email messages, sent by the user to the Company will be considered 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 message enters the user's email server inbox and is capable of being retrieved and processed. The Company reserves the right not to respond to any message that contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender 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 is therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
7.1. This Website is provided "as is", with all faults, and the Company expresses no representations or warranties of any kind related to this Website or its materials.
7.2. The Company cannot guarantee that any file downloaded from this Website or delivered to a user will be free of viruses, worms, trojan horses or other code with contaminating or destructive qualities. The user is responsible for implementing appropriate processes and systems to guard against such issues.
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 such liability arises under contract, delict or otherwise.
8.2. The 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 the user's improper use of or conduct in connection with this Website, including any breach by the user of these terms or any applicable law.
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), 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 or 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.
9.1. Negotiation: should any dispute, disagreement or claim arise between the parties, the parties shall endeavour to resolve it amicably, by negotiation, with the best interests of both parties in mind.
9.2. Mediation: should the parties fail to resolve the dispute by negotiation within a reasonable period, the parties will approach an independent industry expert to mediate discussions between them.
9.3. Arbitration: if the dispute is still not resolved after mediation, the parties will 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 use the dispute resolution services of any applicable legislative tribunal or ombud as provided for in applicable legislation.
9.5. No publication: neither party will publicise any dispute on social media or other public platforms. Publicity of this nature can cause serious damage, which may result in a financial claim against the infringing party.
10.1. If the user wishes to terminate their agreement with the Company under these terms, they may do so by ending their use of the Website. Such termination will not affect any lawful rights that either party holds at the time of termination.
11.1. The user and the Company choose as their respective domicilium citandi et executandi, for the purpose of legal proceedings and for the giving or sending of any notice provided for or necessary under these terms:
11.1.1. The Company: Sales Cadence (Pty) Ltd t/a ClearToContact, First Floor, Willowbridge, Carl Cronje Drive, Cape Town, 7530.
11.1.2. The user: the address provided when submitting any form on this Website, or as otherwise nominated by the user.
11.2. Either party may change its domicilium to any other physical or email address by written notice to the other. Such change will be effective 7 (seven) days after receipt of the notice.
11.3. All notices given in terms of these terms will be given in writing, delivered or sent by email, and presumed to have been received on the date of delivery. Any notice actually received will be deemed properly given and received, notwithstanding non-compliance with this clause.
12.1. Site owner: Sales Cadence (Pty) Ltd, trading as ClearToContact
12.2. Legal status: Private Company
12.3. Registration number: 2022/452270/07
12.4. Description of main business: Marketing services and compliance software
12.5. Email address: hello@cleartocontact.co.za
12.6. Registered address: First Floor, Willowbridge, Carl Cronje Drive, Cape Town, 7530
13.1. Relationship between the parties: the relationship of the parties shall be governed by these terms, and nothing herein shall be deemed to constitute a partnership, joint venture, employment relationship, agency agreement or the like between them. Neither party shall, by reason of the actions of the other, incur any personal liability as co-partner to any third party.
13.2. Force majeure: if either party is prevented, in whole or in part, or delayed from performing any of its duties, functions or obligations under these terms due to an event outside its control (including war, political riots, civil commotion, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), such failure shall not constitute a breach of these terms, and the obligation to perform shall be suspended to the extent and for the duration of such prevention, provided the parties use reasonable commercial endeavours to minimise any delay.
13.3. Change without notice: the Website and these terms are subject to change without notice. Amended terms are effective once uploaded to the Website. Continued access or use of the Website constitutes acceptance of the amended terms. It is the user's responsibility to read these terms periodically.
13.4. Entire agreement: this document contains the entire agreement between the parties in relation to its subject matter. Save as contemplated in clause 11.3, no alteration, cancellation, variation or addition will be of any force or effect unless reduced to writing and signed by the parties 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's rights under these terms, and the Company shall not be precluded from exercising any rights that may have arisen in the past or may arise in the future.
13.6. Importation of words: words importing the singular include the plural and vice versa; words importing one gender include the other genders; and words importing persons include partnerships, trusts and bodies corporate, and vice versa.
13.7. Headings: headings are inserted for reference purposes only and do not affect the interpretation of the provisions to which they relate.
13.8. Governing law: the user's access to and use of the Website, and the operation of these terms, 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, the user shall be liable for all legal costs (on the attorney and client scale, including collection commission) incurred by the Company in relation to the payment failure or breach.
13.10. Severability: each provision of these terms and any portion thereof is severable. If any provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or a final, binding judgment of any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of the remaining provisions, which continue in full force and effect.
13.11. Prohibited provision: no term of these terms is intended to breach any peremptory provision of any consumer protection legislation or its regulations ("Prohibited Provision"). Any breach of a Prohibited Provision shall be governed by clause 13.10.