Introduction
Welcome to Leadtrekker, an online lead management service designed specifically for small to medium size businesses. These Terms of Use are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.
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. Leadtrekker reserves the right to change these terms at any time, effective upon the posting of modified terms.
1. Definitions
“Agreement” means these Terms of Use.
“User License Fee” means the fee payable by you in accordance with the fee schedule set out on the Website.
“Confidential Information” 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.
“Data” 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.
“Service” means the online lead tracking and lead management services made available via the Website.
“Website” means the Internet site at the domain www.leadtrekker.com or any other site operated by Leadtrekker.
“Subscriber” means the person who registers to use the Service.
“You” means the Subscriber, and where the context permits, an Invited User.
“Partner” means the person or organisation who is registered to resell the Service and manages their own Subscribers.
2. Your Obligations
Payment obligations: Leadtrekker is a SaaS application which relies on a pay-to-use user license system. Continued use of the system beyond 10 free leads requires the purchase of a valid user license package for each user.
General obligations: You must only use the Service and Website for your own lawful internal business purposes. You may use the Service on behalf of others but must ensure that all such persons comply with and accept all terms of this Agreement.
Access conditions: You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Leadtrekker of any unauthorised use of your passwords. You must not attempt to undermine the security or integrity of Leadtrekker’s computing systems, misuse the Services in any way, or attempt to gain unauthorised access to any materials beyond those you have been expressly permitted to access.
Indemnity: You indemnify Leadtrekker against all claims, costs, damage and loss arising from your breach of any of these Terms.
3. Confidentiality and Privacy
Confidentiality: Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
Privacy: Leadtrekker maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read the Privacy Policy and you will be taken to have accepted that policy when you accept these Terms.
4. Intellectual Property
General: 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).
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.
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, but does not make any guarantees that there will be no loss of Data.
5. Warranties and Acknowledgements
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 they will be suitable for any particular purpose. All implied conditions or warranties are excluded in so far as is permitted by law.
Acknowledgement: You acknowledge that the provision of, access to, and use of, the Services is on an “as is” basis and at your own risk. It is your sole responsibility to determine that the Services meet the needs of your business.
6. Limitation of Liability
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.
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.
7. Termination
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 10 free leads.
Breach: If you breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach, Leadtrekker may terminate this Agreement, suspend your use of the Services, or suspend or terminate access to all or any Data.
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.
8. Help Desk
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.
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.
9. General
Entire agreement: These Terms, together with the Leadtrekker Privacy Policy and the terms of any other notices or instructions given to you under these Terms of Use, supersede and extinguish all prior agreements and constitute the entire agreement between you and Leadtrekker relating to the Services.
Governing law and jurisdiction: This agreement shall in all respects be governed by the laws of South Africa.
Notices: 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 info@leadtrekker.com.
Severability: 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.