People Surveys Terms and Conditions

Terms and Conditions last updated 1 June 2007

People Surveys CC (People Surveys) provides the information and offers the services on www.peoplesurveys.co.za and/or www.peoplesurveys.com (The website) subject to the terms and conditions set out herein (the terms). For purposes of these terms, �services� means the customized surveys and consulting services offered by People Surveys via the website.

1  Acceptance

2.1 With effect from the date on which you first make use of the services (the commencement date) and in consideration of payment for your use of the services, People Surveys consent to you making use of the service on an ad-hoc basis. The service is being supplied to you on a non exclusive basis upon the terms.

2.2 People Surveys may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms as may be modified from time to time.

2  Content of the Website

Whilst every effort is made to update the information provided on this website on a regular basis, People Surveys makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. People Surveys reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.

3  Use of the Website

3.1 People Surveys does not furnish any warranties or represent that information or services made available from the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to People Surveys that you are legally entitled to do so and to make use of information and use the services made available via the website.

3.2 People Surveys disclaims any responsibility for any content you create, publish and/or communicate by making use of the service as well as any liability arising from any use made of the information you generate from your use of the services.

4  User ID and PIN

4.1 Before making use of the service available from the website, you will be required to enter your personal user name and ID allocated to you by People Surveys ("ID") personal password ("password"). You undertake to ensure that your ID and password is not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your ID and password. On receipt of such communication, People Surveys reserves the right to reject any communication received from you, suspend the processing of any communications and orders not yet executed by People Surveys and immediately deactivate your password and ID.

4.2 You shall thereafter be obliged to refrain from making use of the service until such time as a new password and/or ID, as the case may be, has been authorised by People Surveys. People Surveys may from time to time require you to change your password and/or ID, as the case may be, and you undertake to comply with such instruction immediately.

5  Verification

5.1 You agree that all instructions furnished, and permissions granted by you, to People Surveys and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication, or a computer programmed by or on your behalf to operate automatically (unless it is proved that such computer did not properly execute such programming) (collectively "the originator") and which are sent to People Surveys electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by People Surveys and you will be bound by such instruction with no liability of whatever nature attaching to People Surveys in regard thereto.

5.2 You waive any rights you may have or obtain against People Surveys arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that People Surveys acts on your instructions or instructions purported to emanate from you and you indemnify People Surveys against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that People Surveys has acted on your instructions or instructions which purport to emanate from you.

6  Service packages

6.1 People Surveys makes the service available to you for use by way of various packages according to various payment options which are typically measured in terms of number of responses and available features, and may include some support services. The advertising of the packages via the website merely constitutes an invitation by People Surveys for you to make an offer to pay for your use of the services.

6.2 People Surveys reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by People Surveys to process the order) will be sent to you once we receive your order. Please note that a transaction to make use of the service will be deemed to have been concluded on the commencement date.

6.3 The package you are ordering is People Surveys Max�, which offers an unlimited number of surveys, with unlimited number of questions per survey, and 3000 responses over the 12 month period. The current cost of this package is R 7 995.00 ex V.A.T. The cost of (annual) renewal is as above and includes 3000 responses on each renewal.

6.4 Where additional responses are required during the license period, they are available at a cost as outlined on the website. These costs are currently R 4 950 for 5 000 and R 9 500 for 10 000 �packs�. Costs exclude V.A.T.

7  Payment

If you select to pay via bank deposit or deposit of monies into the People Surveys bank account, such deposit is subject to the following:

• The exact amount must be paid
• The payment must be identified by supplying the order number and surname/company name in the reference section of the deposit slip or on the electronic transfer.
• Cheque deposits are subject to a clearing period;
• No bank deposits are accepted from outside the borders of South Africa.
• Unpaid bank deposit orders are cancelled after five business days.

8  Compliance with Section 43(1) of the Electronic Communications and Transactions Act of 2002 ("ECT Act").

In compliance with section 43(1) of the ECT Act, please note the following:

Full name: People Surveys CC.
Physical address: 18b Ley Road, St. James, Cape Town, 7945.
Fax number: +27-21-715 0825
Telephone number: +27-21-788 9283
Website address: http://www.peoplesurveys.co.za;
e-mail address: brian (at) peoplesurveys (dot) co (dot) za;
Registration number; 2002/004337/23
Names of office bearers: James Veitch, Philip van Zyl, Brian Hopkins.
Registered Pretoria.

You may view a full record of your transaction, as well as update or change information related to your People Surveys account(s) by accessing your My Account page with your customer login ID and password.

9  Cooling off period

You have consented to the services commencing on the commencement date. Accordingly, your use of the service is not subject to the cooling off provisions of the ECT Act.

10  Privacy and Security

All personal information obtained by People Surveys by virtue of your use of this website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by People Surveys to protect information transmitted via the website are also set out in the privacy and security policy.

11  Copyright and Intellectual Property Rights

11.1 Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively "the materials") are owned by People Surveys alternatively, People Surveys is the lawful user thereof and are protected by both South African and international intellectual property laws.

11.2 Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of the services from People Surveys.

11.3 The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of People Surveys. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of People Surveys.

12  External links

External links may be provided for your convenience, but they are beyond the control of People Surveys and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of People Surveys.

13  Unlawful use

You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify People Surveys against any loss, liability, damage or expense of whatever nature which People Surveys or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.

14  Warranties, Disclaimers and Limitation of Liability

14.1 Save as set out in the terms, People Surveys makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the services and the website and services made available via the website are provided "as is".

14.2 Neither People Surveys nor its members shall be responsible for a disclaimer for liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and your use of the service.

14.3 Without limiting the generality of the aforegoing, neither People Surveys nor its members warrant that the services will be error free or virus-free; nor does it make any warranty as to the results that may be obtained from use of the services, or that the service or site will meet your requirements.

14.4 Further, without limiting the generality of the aforegoing, neither People Surveys nor its members shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability of the website. You hereby indemnify People Surveys and its members against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.

14.5 Notwithstanding anything to the contrary contained herein, People Surveys shall not be liable for any direct, indirect or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the service.

14.6 Without limiting the generality of the aforegoing, People Surveys shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.

14.7 By purchase any of the services you warrant and represent to People Surveys that you are legally entitled to do so.

15  Disputes

15.1 Any dispute arising out of or in connection with this agreement shall be referred to an independent arbitrator chosen by People Surveys.

15.2 Where the dispute has arisen in South Africa, the place of the arbitration is deemed to be Cape Town, so the arbitration will be governed by these rules and by the arbitration laws of South Africa and the dispute will be resolved in accordance with the law of South Africa. The language used for the dispute resolution process will be English.

16  Address for Service

16.1 The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out earlier in this document.

16.2 People Surveys shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

17  General

17.1 The terms constitute the sole record of the agreement between you and People Surveys in relation to the subject matter hereof. Neither you nor People Surveys shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and People Surveys in respect of the subject matter hereof. No indulgence or extension of time which either you or People Surveys may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

17.2 People Surveys shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.

17.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.

17.4 Should People Surveys be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as People Surveys is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then People Surveys shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you.

17.5 An "event of force majeure " shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

17.6 These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

Copyright 2007 People Surveys cc. All Rights Reserved.