These Terms are binding on any use of the Service and apply to You from the time that Leadtrekker provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
"User License Fee"
means the fee (excluding any taxes and duties or VAT) payable by You in accordance with the fee schedule set out on the Website (which Leadtrekker may change from time to time on notice to You).
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website or Leadtrekker System.
"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the online lead tracking and lead management services made available (as may be changed or updated from time to time by Leadtrekker) via the Website.
means the Internet site at the domain www.leadtrekker.com or any other site operated by Leadtrekker.
means the Leadtrekker system and any other or procedure related to Leadtrekker.
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.
means the person or organisation who is registered to resell the Service, and, manages his/her own Subscribers.
1. Payment obligations:
Leadtrekker is a SaaS (Software as a service) application which relies on a pay to use user license system. Even though Leadtrekker is free to use for up to 100 leads, continued use of the system will require the purchase of a valid user license package for each user in the system.
User license packages can be bought and linked to users using the Billing and Packages platform within the system. User license packages can be bought up front and linked to specific user accounts which will provide access to the system up until the expiry date of the user license package. Once the expiry date of the linked user license package has lapsed, a new license package must be purchased and linked to the user account in order for the user to continue use of the system.
2. Preferential pricing or discounts:
You may from time to time be offered preferential pricing or discounts for the User License Fees as a result of the number of organisations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service ('Organisations').
3. General obligations:
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Leadtrekker or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
4. Access conditions:
5. Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. Leadtrekker is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Leadtrekker does reserve the right to remove any communication at any time in its sole discretion.
You indemnify Leadtrekker against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Leadtrekker, including (but not limited to) any costs relating to the recovery of any User License Fees that are due but have not been paid by You.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Leadtrekker (or its licensors).
2. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. You grant Leadtrekker a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
3. Backup of Data:
You must maintain copies of all Data inputted into the Service. Leadtrekker adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Leadtrekker cannot be held responsible or legally accountable for loss of income, loss of business due to loss of Data no matter how caused.
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
3. No warranties:
Leadtrekker gives no warranty about the Services. Without limiting the foregoing, Leadtrekker does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
4. Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
1. To the maximum extent permitted by law, Leadtrekker excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
2. If You suffer loss or damage as a result of Leadtrekker's negligence or failure to comply with these Terms, any claim by You against Leadtrekker arising from Leadtrekker's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the User License Fees paid by You in the previous 12 months.
3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 7.
1. Guarantee policy
When You first sign up for access to the Services You can terminate the Service without being liable for any user license fees in the event that cancellation happens before reaching the 100 free leads limitation. If You choose to continue using the Services thereafter, You will be required to purchase a valid user license for each user in the system. If You choose not to continue using the Services, You may request the deletion of Your organisation by contacting the system administrators using any of the communication channels available to You.
2. No-fault termination:
These Terms will continue for the period covered by the User License Fee paid or payable under clause 7.3.1. At the beginning of each license package purchase period these Terms will automatically continue for the period up until expiry of the user license package.
4. Accrued Rights:
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
5. Expiry or termination:
Clauses 2.1, 2.5, 3, 4, 5, 6, 7 and 9 survive the expiry or termination of these Terms.
In the event of the Partner account cancellation, the Partner will have the option to sell his/her Subscriber base to Leadtrekker at a cost that will be negotiated in such an event.
1. Technical Problems:
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Leadtrekker. If You still need technical help, please check the support provided online by Leadtrekker on the Website.
2. Service availability:
Whilst Leadtrekker intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason Leadtrekker has to interrupt the Services for longer periods than Leadtrekker would normally expect, Leadtrekker will use reasonable endeavors to publish in advance details of such activity on the Website.
1. Entire agreement:
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.
4. No Assignment:
You may not assign or transfer any rights to any other person without Leadtrekker's prior written consent.
5. Governing law and jurisdiction:
This agreement shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by the laws of South Africa.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Leadtrekker must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Leadtrekker. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
8. Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.