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.
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
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
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.
5.1 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.
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.
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
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
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
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
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
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.
15.1 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.
17.1 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.