PLEASE NOTE THAT by making use of Pulse Instrument Trading (Pty) Ltd services, website, associated websites or mobile applications, you agree that you have read, understood and accepted all the terms and conditions as contained herein as well as any other terms and conditions posted on our website, including but not limited to our Purchasers Terms and Conditions, Sellers Terms and Conditions and Privacy Policy.

PLEASE NOTE FURTHER that upon registration on this website you will be prompted to click on the “I ACCEPT” button in relation to these terms and conditions. By accepting these terms and conditions you warrant that you have read, understood and agreed to these terms and conditions and this creates a valid and binding agreement between you and Pulse.

Pulse may, at its sole discretion, make amendments to these terms and conditions from time to time which amendments will come into force and effect once they have been published on the website and it is your responsibility to ensure that you keep up to date with the amendments hereto. Each amendment to these terms and conditions will include a date on which they have been published and this is the date on which they shall be deemed to have come into force and effect.

By accepting the terms and conditions you also agree to accept and be bound by any amendments which may be made. In any event, the continued use of the website shall be tacit consent to any amendments to the terms and conditions.

A certificate (letter) signed by the administrator of this website is prima facie proof of the date and content of the latest, and any previous, versions of these Terms and Conditions and other Terms and Conditions published on this website from time to time.

Should you be unable to understand the contents of these terms and conditions or any other terms and conditions as published on this site, or should you have any queries then please contact us on support@pulse.za.com

If you have not read, do not understand or do not agree with these terms and conditions or any provision thereof, you MUST not accept the terms and conditions and MUST immediately refrain from accessing and/or using and/or posting on this website or any other associated websites or mobile applications.

1. Capacity to enter into agreements

• By registering on the website you hereby warrant that you are above the age of 18 (eighteen) and hold full legal capacity to enter into agreements and accept the terms and conditions herein as well as any other terms and conditions which may be published on this website from time to time.
• If you are under the age of 18 (eighteen) you MAY NOT use this website.Registration on the website
• Before you are entitled to buy or sell goods on the website you must register as a user with Pulse and we must accept your registration.
• Pulse may accept or reject your registration at our sole discretion and judgment without the need to provide reasons for such acceptance or rejection.

3. Privacy

• To register as a user, you will be required to provide a unique username and password and provide us with personal information which may include, but is not limited to:
• your name and surname;
• your identity number;
• your email address;
• your physical address;
• your mobile number;
• your banking details; and/or
• your credit card details.
• By entering any and all personal information on Pulse’s website, registering with the website, creating an account, making a sale or purchase or by accepting this Agreement you consent to the processing of your personal information by Pulse in terms of the Protection of Personal Information Act.
• Should your personal information change, please inform us and provide us with the relevant updates to your personal information as soon as reasonably possible to enable us to update your personal information.
• You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
• Your privacy and security of personal information is of great importance to Pulse. We respect your privacy and will take all necessary and reasonable measures to protect it. The terms and conditions relating to privacy can be found in the Privacy Policy as published on our website from time to time.
• Subject to what is said below, we will not, without your express consent, use your personal information for any purpose other than as set out below:
• in relation to the ordering, sale and delivery of goods;
• to contact you regarding current or new goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
• to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
• to improve our product selection and your experience on our website by, for example, monitoring your browsing habits, or tracking your sales on the website.
• Subject to what is said below, we will not, without your express consent, disclose your personal information to any third party other than to:
• our employees and/or third party service providers who assist us to interact with you via our website, email or any other method, for the ordering of goods or when delivering goods to you, and thus need to know your personal information in order to assist them to communicate with you properly and efficiently;
• our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
• law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
• our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
• our third party service providers, in order for them to liaise directly with you regarding any faulty goods you have purchased which requires their involvement; and
• our third party service providers for purposes of sending you an invoice for any goods purchased from such third party service providers.
• We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, we are entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
• We will:
• treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• provide you with access to your personal information to view and/or update personal details;
• promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
• We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
• We undertake never to sell or make your personal information available to any third party other than as provided for in these Terms and Conditions and the published Privacy Policy.Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
• If you disclose your personal information to a third party, such as an entity which operates a website linked to this website or anyone other than us, we shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

4. Types of information on Pulse’s website

• All information contained on this website, or any related site, is only intended to provide you with general information about us, our products, our services and our vision.
• Nothing on this website should be construed or made out to be as an offer to you. All goods for sale on Pulse’s website are for sale by a third party and not by Pulse directly which can be more fully seen in the Seller’s Terms and Conditions.
• All information is provided “as is” and you should not rely on such information or treat it as advice. You should always consult with an appropriate person before doing anything based on any information on this website.

5. Trading on Pulse’s website

• Pulse is not involved in the sale and purchase of any goods and services on the website, but merely provides the platform or venue for the sale of goods and services where Sellers and Purchasers may interact in the conclusion of a sale directly between the Seller and the Purchaser.
• Pulse does not act as an agent for either the Seller nor the Purchaser in either:
  • the placement of the goods on Pulse’s website for sale;
  • the purchase of such goods; nor
  • the delivery of such goods as sold.
• Therefore, you agree and acknowledge that Pulse:
  • is not the manufacturer, nor agent or sales representative of any such manufacturer, of any goods offered for sale or sold on this site;
  • does not guarantee, represent, warrant or hold out that any of the goods as offered for sale on this site are legally able to be sold;
  • does not guarantee, represent, warrant or hold out that the description of any goods and services on this site will be accurate;
  • does not guarantee, represent, warrant or hold out that a Seller or Purchaser will perform their respective sale and purchase obligations in terms of the sale agreement as entered into on this site;
  • does not guarantee, represent, warrant or hold out that a Seller will deliver the goods to the respective Purchaser;
  • does not guarantee, represent, warrant or hold out that a Purchaser will pay for the goods to the respective Seller;
  • does not guarantee, represent, warrant or hold out that we can confirm that each Purchaser and Seller is who they purport to be;
  • does not guarantee, represent, warrant or hold out that we can control what feedback, comments or ratings are provided about you, as the Purchaser or Seller, pursuant to the Pulse feedback and rating system;
• does not guarantee, represent, warrant or hold out that, despite any account verification or credit checks we may have undertaken, confirm any matters relating to any credit card details supplied to us by a Seller or Purchaser under this agreement, including but not limited to:
  • credit card details of either party are correct;
  • credit limits have not been exceeded;
  • the credit card has not been reported stolen or cloned;
  • the party is authorized to make use of the credit card; or
  • the credit card is otherwise being lawfully used.

6. Your use of Pulse’s website

• You agree that you will not, in any way, use any device, software or other instrument to interfere or attempt to interfere with the proper working of this website.
• In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify this website or the information contained herein, without prior written consent from us.
• You may not at any time attempt to or actually; alter, reverse-engineer, modify, circumvent, amend, tamper with or change any part of this website and/or any security features of this website.
• You may not use this website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
• You agree not to:
• • use this website for illegal or inappropriate purposes;
  • interfere with or disrupt the proper operation of this website;
  • attempt to gain unauthorized access to this website, system or any other part of this website you do not have the right to access; and
  • convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature.

7. Availability, Closing, Suspending or Limiting the Website

• Pulse will use reasonable endeavours to maintain the availability of the website, except for during scheduled maintenance periods.
• Pulse may, however, change, limit the functions, suspend or close the website temporarily or permanently without providing you with notice of our intention to do so.
• Pulse makes no express or implied representation or warranty:
• that the website will be available for access at all times, or at any time on a continuous uninterrupted basis;
• as to the operation, quality or functionality of the website;
• that the website will be free of errors or defects; and
• that the website is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property.

  Our Intellectual Property

• The contents of this website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Pulse, its advertisers and/or sponsors and/or is licensed to us.
• You will not acquire any right, title or interest in or to this website or the Website Content.
• You may view such content and copy it onto a computer or other device or storage media and you may print and make paper copies of it, but only if:

• • it is for the purposes of deciding or using our services or products;
  • it is not used for any commercial purposes; and
  • any copy of the content from any part of our website must show our copyright notice.
  • Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

9. Linking to Third-Party Websites

• This website may contain links or references to other websites (“Third-Party Websites”), including those of advertisers, which are outside of our control.
• These Terms and Conditions do not apply to those Third-Party Websites and Pulse is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
• Notwithstanding the fact that this website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained therein.
• Pulse does not give any warranty about any other website, software or hardware, including their security or performance.

10. Electronic communications

When you visit this website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.

11. Risk of sending information over the Internet

There is always a risk when sending information over the internet.

Pulse undertakes to take all reasonable steps to limit these risks, however, we cannot stop all illegal activities. We are not responsible for any loss or damage you may suffer as a result of sending information over the internet.

Disclaimer and limitation of responsibility

• Pulse cannot be held liable for any inaccurate information published on this website and/or any incorrect prices or descriptions displayed on the website, save where such liability arises from the gross negligence or willful misconduct of us, our employees, agents or authorized representatives.
• Pulse shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, this website or the content contained on the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

• You hereby indemnify Pulse and any of its associated companies against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

13. How disputes will be resolved

• Pulse is NOT a party to the agreement of sale and therefore will not be involved in any disputes between the Purchaser and the Seller in relation to the agreement of sale.
• Should there be any dispute directly related to this website or any of our services or products will be decided by arbitration unless either party applies for urgent action against the other.
• Any arbitration will be held and dealt with in terms of the rules of the Arbitration Foundation of South Africa.

14. Governing law and jurisdiction

• These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
• Your continued use of this website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
• In the event of any dispute arising between you and us, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
• Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.

15. Notices

• Pulse hereby selects 78 Eighth Street, Parkmore, Sandton, as its physical address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). We may change this address from time to time by updating these Terms and Conditions.
• Pulse hereby selects support@pulse.za.com as it’s electronic address for the service of all formal notices and legal processes in connection with these Terms and Conditions and hereby consents to electronic service in terms of the Electronic Communications and Transactions Act (ECTA). We may change this address from time to time by upgrading these Terms and Conditions.
• Notices must be sent either by hand, prepaid registered post, or email and must be in English.
• All notices sent:
  • by hand will be deemed to have been received on the date of delivery;
  • by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
  • by email, will be deemed to have been received on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

16. Information

For the purposes of the Electronic Communications Act 25 of 2002, Pulse’s information is as follows, which should be read in conjunction with its service and product descriptions and other terms and conditions contained on the Website:

• • Full name: Pulse Instrument Trading (Pty) Ltd
  • Main business: Marketing and Advertising
  • Physical address for receipt of legal service (also postal and street address): 78 Eighth Street, Parkmore, Johannesburg, Gauteng, South Africa, 2196
  • Office bearers: Stuart Fraser
  • Phone number: +27 82 882 9383
  • Email address: support@pulse.za.com
  • Website: https://pulseupdtcopy.wpengine.com

17. General

• We, at our sole discretion, at any time and for any reason and without prior written notice, may choose to suspend or terminate the operation of this Website or the user’s right to use this Website or any of its contents subject to us processing any orders then already made by you.
• You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
• Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right.
• If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
• The headings in these Terms and Conditions are only for information. They are not to be considered when interpreting any clause in these Terms and Conditions.