Terms and Conditions

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Pulse Media Solutions . By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these terms. This agreement governs your relationship with us and sets forth the rights and obligations of both parties.

If you do not agree with any part of these Terms and Conditions, you must not use our website or services. These terms apply to all visitors, users, and others who wish to access or use our services, whether you engage our services as a client or simply browse our website for information.

User Obligations and Responsibilities

1. Legal Compliance

You agree to comply with all applicable South African laws, regulations, and ordinances when using our website and services. This includes but is not limited to:

• The Protection of Personal Information Act (POPI Act)
• The Electronic Communications and Transactions Act
• Copyright laws and intellectual property regulations
• Consumer protection legislation
• Any other relevant local, national, or international laws

2. Conduct Requirements

When using our services, you agree to maintain professional and respectful conduct. You will not:

• Engage in abusive, threatening, or harassing behavior toward our staff or other users
• Use our services to distribute spam, unsolicited advertising, or promotional materials
• Attempt to interfere with the proper functioning of our website or services
• Post or transmit any unlawful, harmful, or objectionable content
• Misrepresent your identity or affiliation with any person or organization

3. Content Guidelines and Restrictions

If you submit any content to us through forms, comments, or other means, you warrant that such content does not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You further warrant that your content is not fraudulent, libelous, defamatory, obscene, or otherwise unlawful.

4. Age Restrictions and Requirements

Our services are intended for users who are at least 18 years of age. By using our website and services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into this agreement. If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

Client Service Responsibilities

5. Information Accuracy

If you engage our services, you agree to provide accurate, complete, and timely information necessary for us to deliver the services effectively. You are responsible for ensuring that any materials, content, or information you provide to us is lawful, accurate, and does not infringe on any third-party rights.

6. Cooperation and Communication

You agree to cooperate with us in good faith and respond to our communications in a timely manner. Delays in providing necessary information or feedback may impact service delivery timelines and quality, and we cannot be held responsible for delays caused by your failure to fulfill these obligations.

7. Payment Obligations

When engaging our paid services, you agree to pay all fees as specified in your service agreement. Payment terms, including currency, methods, and schedules, will be outlined in individual service contracts. Failure to pay fees may result in suspension or termination of services.

8. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Pulse Media Solutions , its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms and Conditions
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your misuse of our services or website
• Any content or information you provide to us

Liability and Warranties

9. Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Pulse Media Solutions disclaims all warranties, whether express or implied, including:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding the accuracy, reliability, or completeness of our content
• Warranties that our services will be uninterrupted, secure, or error-free
• Warranties regarding the results that may be obtained from using our services

10. Limitation of Liability

To the maximum extent permitted by law, Pulse Media Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or loss of goodwill
• Any other intangible losses

In no event shall our aggregate liability exceed the amount paid by you, if any, for accessing or using our services during the twelve months preceding the claim.

11. Consequential Damages Exclusion

We shall not be liable for any consequential damages arising from your use of our website or services, even if we have been advised of the possibility of such damages. This includes damages resulting from delays, errors, omissions, interruptions, or any other failure of performance.

12. Force Majeure

Pulse Media Solutions shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Legal Information and Dispute Resolution

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms.

14. Jurisdiction

Any disputes arising from or relating to these Terms and Conditions or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Johannesburg, South Africa. You consent to the personal jurisdiction of such courts and waive any objection as to inconvenient forum.

15. Dispute Resolution Procedures

In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiations. If a resolution cannot be reached within thirty days, either party may pursue other legal remedies. We encourage informal resolution before formal proceedings:

• Initial discussion and negotiation between parties
• Mediation if negotiation is unsuccessful
• Arbitration or litigation as a last resort

16. Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published on our website, constitute the entire agreement between you and Pulse Media Solutions regarding your use of our website and services, superseding any prior agreements or understandings.

18. Assignment and Transfer

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign or transfer our rights and obligations under these terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

19. Waiver

No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

20. Survival

All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

21. Terms Modification Policy

We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Material changes will be indicated by updating the "Last Updated" date at the top of this page. It is your responsibility to review these terms periodically for changes.

Your continued use of our website or services after any modifications to these Terms and Conditions constitutes your acceptance of such changes. If you do not agree with the modified terms, you must discontinue use of our services immediately.

Pulse Media Solutions