The SIGNAL, Inc. (“The SIGNAL” or “Company” or “us”) website, and all of its related web pages and locations (collectively referred to and taken together as the “Site”), provides information with respect to The SIGNAL’s business, products and services (together, the Site, products and services are referred to as the “Services”). Therefore, the following “Terms of Service” between The SIGNAL and you govern your use of the Site, Materials (defined below) and the Services.
BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE AND THE THE SIGNAL PRIVACY POLICY (located at https://thesignal.co.za/privacy-policy/). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES. MATERIALS, SERVICES AND INFORMATION INTENDED FOR USERS OF THE SERVICES ARE NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE.
Company reserves the right, in its sole discretion, to change or modify the Terms of Service, whether in whole or in part, without notice. If Company changes the Terms of Service, Company will post such new terms on the Site and any such changes or modifications will become effective upon posting. Your access to and use of the Services, following the posting of any such changes or modifications, will constitute your acceptance of the Terms of Service as revised.
If you and Company have executed a written agreement governing your access to and use of the Services, then the terms of such signed agreement will control to the extent that services agreement conflicts with these Terms.
1. Copyright
The content of the Services, including all text, images, tests, software, audio and video, links, as well as any such combination and/or compilation of the same (collectively referred to herein as “Materials”), is the property of Company and is protected by U.S. and international copyright laws. Neither the Services nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Company. No use of Materials or the Services is allowed except as expressly stated herein. Some Materials may be copyrighted by Company’s suppliers, licensees and affiliates. Copyright law also applies to other companies’ advertisements or information presented in the Services.
2. Trademarks
“The SIGNAL” (including the Company’s name, logos and Site name) are the trademarks of Company (collectively, the “Trademarks”), within the United States as well as in other countries. You may not display, make reference to or use the Trademarks, in any manner without prior written permission by Company. All other trademarks, service marks, product and service names and company names or logos that appear within the Services are the property of their respective owners. The use of Company Trademarks on any other website is not allowed. Company prohibits the use of Company Trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance by Company.
3. Age of Users
The Services and information are not intended for use by children under 13 years of age. Parents and legal guardians may not agree to these Terms of Use on their children’s behalf. If Company becomes aware that a child under 13 has provided or attempted to provide Company with personal information, Company will use best efforts to remove the information permanently from our files. If you are between the age of 13 and 18 years old, you may use the Services but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a child between 13 and 18 years old, be advised that you are fully responsible for his or her use of the Services and any and all legal liability that he or she may incur.
4. Privacy
By using the Services, you signify your ongoing and continuing consent to the Company Privacy Policy (“Privacy Policy”). The Privacy Policy is incorporated into and form part of the Terms of Service. In the event of any inconsistency between the Terms of Service and the Privacy Policy, the Terms of Service shall prevail. Personal information, including any Self-Assessment Data (as defined below) that you supply to Company and any information about your use of the Services that Company obtains from you, will be processed in accordance with our Privacy Policy. In addition, Company email addresses and forms are provided solely for user queries relating to the Services. The capture of Company emails for use with unsolicited email is not permitted.
5. Your Account
The Services provide an interactive online platform. Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with The SIGNAL you must:
- provide true, current and complete information about yourself on the registration form and
- maintain such information so it continues to be true, current and complete.
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services. Only you may use your The SIGNAL account and you are responsible for all aspects of your account. Each user must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorised use of the Services or your account, or have any questions about your account please contact The SIGNAL via https://thesignal.co.za/how-do-we-start/. Finally, you agree and warrant that you have the right to provide all information submitted to the Site and through the Services. You get to choose what email address(es) you register for an account. Please be aware, however, that if the domain of the email address associated with your account is owned or controlled by an organisation (such as your work or school) and that organisation establishes a direct relationship with us and wishes to add your account to such relationship, then you may be rolled into that organisation’s account after a reasonable attempt to notify you of the change. Fourteen (14) days after that attempted notice, if you do not respond or change the email address associated with your account, your account may be deactivated.
If an organisation provided you with your account (e.g., an employer), or if you agree to have your account managed by an organisation, you understand that this organisation has rights to your account and may:
- manage your account (including suspending or canceling);
- reset your password;
- view your usage and profile data, including how and when your account is used; and
- manage the information in your account.
6. Self-Assessment Data
Becoming a member to our Services requires you to take a series of self-assessment tests and provide information about yourself (collectively, “Self-Assessment Data”). Any Self-Assessment Data that you provide through the Services becomes a part of your user profile which may also be shared you’re your associated organisation(s), if any. If you share Self-Assessment Data with an organisation, other users within that organisation will have access to your Self-Assessment Data. Your Self-Assessment Data will be displayed along with your profile to that organisation. You and your organisations may also place your profile into teams or groups, and the users of such teams and groups will have access to your profile and Self-Assessment Data. Our Service dashboard enables users to manage their information (e.g., keep their information up to date, re-take self-assessment tests if they choose, share information and results with others and delete information upon request). We are not responsible for the accuracy of your Self-Assessment Data or any information that you post to your profile. We cannot prevent such information from being used by others in a manner that may violate this Terms of Service, Privacy Policy, the law or your personal privacy.
7. Illegal & Unpermitted Activities
This Services and its contents are solely for your own personal non-commercial use. You may not:
- Copy, transmit, publish, distribute, display or in any other way exploit our Trademarks, Services and/or Materials at any time in any manner;
- Use the Services for any illegal, unauthorised or improper purpose;
- Use the Services in a way that violates any applicable law or these Terms of Service;
- Use the Services to modify or create derivative works of our Trademarks, Materials or Services, or any of each of their respective components;
- Aggregate or collect any Materials to construct any kind of database;
- Use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- Take any action that imposes, or may impose in Company’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person’s use of the Services; or
- Bypass any measures Company may use to prevent or restrict access to the Services, or otherwise attempt to gain unauthorised access to any portion or feature of the Services, by hacking, password “mining” or any other illegitimate means.
8. Links
For your convenience only, Company has provided links within the Services to other websites operated by third parties. Company exhibits no control over such third-party websites and Company is not responsible for their content or the privacy practices thereof. Company makes no representations or warranties and accept no responsibility for the quality, content, nature or reliability of any third-party web site or service accessible by hyperlink from the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, are solely between you and such advertiser. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that Company will not be responsible or liable for any loss or damage incurred as the result of any such dealings.
9. Billing and Payment; Subscriptions.
a. Subscription Periods and Seats
You may purchase different types of Services, subscription plans, billing options and numbers of seats.
b. Fees
The SIGNAL offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the “Fees” applicable to the Service. You will pay the Fees in the currency stated by The SIGNAL at the time of purchase.
c. Taxes
The Fees payable hereunder are exclusive of any sales taxes (unless included on our invoice), or similar governmental sales tax type assessments, excluding any income or franchise taxes on The SIGNAL (collectively, “Taxes”) with respect to the Services provided to you. You are solely responsible for paying all Taxes associated with or arising from these Terms of Service.
d. Price Changes
The SIGNAL may change its prices for the Services upon written notice (by posting it to our pricing page or via email) to you which will take effect on the next applicable pay period. If you object to the change in price, you may unsubscribe from the Services prior to the price change going into effect.
e. Cancellation
If you are an individual or a small team, you can cancel your The SIGNAL Services by following the cancellation instructions in the mobile application. If you are an enterprise organisation or have a coaching account, you can cancel your The SIGNAL Services by contacting The SIGNAL at https://thesignal.co.za/contact-us unless your specific written agreement with The SIGNAL requires otherwise. If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued. If you do not cancel in accordance with these Terms or Service, the subscription for the Services will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.
f. Payment Processors
When you purchase the Services, you authorise us to charge your debit or credit card or process other means of payment for those Fees. We use third party payment processing partners (e.g., Stripe) to offer you the most convenient payment methods in your country and to keep your payment information secure. Such third-party payment service providers may require acceptance of and compliance with their terms to use their service.
g. General Payment Terms
When you make a purchase, you agree not to use an invalid or unauthorised payment method. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
10. Indemnification
You agree to defend, indemnify, and hold harmless Company from all liabilities, claims, and expenses, including attorney’s fees, that arise from any claim or demand, made by any third party due to or arising out of your use of the Services and for any violation of these Terms of Service. Company reserves the right, at Company’s expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defences.
11. Disclaimer of Warranties
The site, materials and services (together, the “company assets”) are provided by company on an “as is” and “as available” basis. Company makes no warranties of any kind, either express or implied, as to the company assets or the operation of the assets. You expressly agree that your use of the company assets are at your sole risk and responsibility. To the maximum extent permitted by law, company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Company does not represent or warrant that the company assets are accurate, complete, reliable, current, subject to correction, or error-free or that the company assets, including its servers, are free of any harmful components. Because some jurisdictions may not allow the exclusion of implied warranties, the above exclusion may not apply to you.
12. Limitation of Liability
In no event will company be liable to you, or to any party claiming through you, for any indirect, special, incidental, or consequential damages of any kind in connection with or arising out of the furnishing, performance, or use of the company assets. Company’s maximum aggregate liability for damages or loss, howsoever arising or caused, shall be the greater of: (a) total fees paid by you to the signal in the twelve months preceding the claim; or (b) twenty-five united states dollars ($25.00). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
13. Changes to the Services
Company reserves the right, in its sole discretion, of which Company may choose to do at any time and from time to time, to modify or discontinue, whether temporarily or permanently, the Services, or the content thereof, with or without notice. Company reserves the right to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
14. Termination
Company reserves the right to terminate your use of this Services, including the right to remove any information provided to Company by you or posted to the Services, in the event that you violate the Terms of Service, any rules or guidelines posted on this Site, any applicable state or local laws, or for any other reason that Company shall determine in its sole discretion. You understand that any termination of your account, by you or Company, may involve the permanent deletion of your data and/or information.
15. Force Majeure
Company is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, pandemic, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; any labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
16. Copyright Complaints
Company respects your intellectual property rights as well as the rights of other third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
17. Notice
You agree that Company may provide notice to you and other information concerning the Services electronically, including any notice to any email address supplied by you.
18. General Provisions
You agree to comply with all applicable laws and regulations. The terms and conditions set forth herein constitute the entire agreement between you and Company with respect to the use of the Services. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this Terms of Service, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Terms of Service will continue in full force and effect.