Terms of Service

Palmetrics’ Terms and Conditions of Website Use and Services

By accessing or using https://www.palmetrics.co.za or any of its related blogs, websites, applications, or platforms (collectively, “the Website”), owned by Palmetrics (Pty) Ltd. (reg: 2019/467274/07) (“Palmetrics”), or by engaging with any of its Services, you confirm that you have read, understood, and agree to be bound by the terms and conditions contained herein (“Terms”), together with any additional Palmetrics terms that may specifically apply to you or to the Services you use.

All rights in and to the content of the Website remain at all times expressly reserved by Palmetrics.

Please also review our distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please pay specific attention to the BOLD paragraphs of the Palmetrics Terms. These paragraphslimit the risk or liability of Palmetrics, constitutes an assumption of risk or liability by you, imposean obligation by you to indemnify Palmetrics or is an acknowledgement of any fact by you.

Please read these terms carefully before accessing or using the Website or Services. Palmetricswill assume you have read and understood these terms should you continue to access or makeuse of the Website.

It is important to note the following:

• The terms "user", “you", and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refer to Palmetrics or its possession.
• Not all terms are necessarily defined in order.
• These Terms were last updated on 7 April 2020.

1. Introduction to the Website and Services

1.1. Palmetrics provides an online software-as-a-service (SaaS) platform offering various services, including but not limited to data analytics and sales services for merchants operating on various e-commerce platforms. These tools help merchants better understand their sales and inventory through Palmetrics’ data analysis (collectively referred to as the “Services”).

1.2. These Terms outline the general conditions under which users must use the Website, as well as the fundamental provisions that apply when using any Services provided by Palmetrics. Depending on the specific Services accessed, a user may need to enter into additional agreements with Palmetrics, which will detail further service-specific terms and associated fees.

1.3. In return for access to some of the Services, users may be required to pay a fee to Palmetrics or a third party (“Fee”). Any such Fee will be disclosed to you on the Website before incurring any charges, or outlined in a Service-specific agreement you may enter into with Palmetrics or a third party.
Please see https://www.palmetrics.co.za/pricing for a detailed breakdown of applicable fees.

1.4. To use most Services, users must register on the Website using the required steps and submit the necessary information to create a user profile.

1.5. The Website and these Terms are subject to change without prior notice. Updates or amendments to these Terms will become effective upon being uploaded to the Website.
Your continued use of the Website constitutes acceptance of the amended Terms.
It is your responsibility to review the Terms regularly to stay informed of any changes.

Please pay specific attention to the bold paragraphs of the Palmetrics Terms. These paragraphs may:

• Limit the risk or liability of Palmetrics
• Constitute an assumption of risk or liability by you
• Impose an obligation on you to indemnify Palmetrics
• Represent an acknowledgement of certain facts by you

1.6. Unauthorised use of the Website may give rise to a claim for damages and/or constitute a criminal offence.

2. Relationship Between the Parties

2.1. For all Services provided, Palmetrics does not have an employment, agency, intermediary, advisory, representative, or brokerage relationship with any user.
Your use of the Website, the Services, and/or any information derived from either is entirely at your own risk and based on your own volition and expertise.

2.2. Palmetrics does not provide regulated financial, advisory, banking, or payment services.
Therefore, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, except those concerning general consumer rights.

2.3. In the context of subscription purchases via the Website, Palmetrics operates as the “seller” of the products or Services, and the relevant user functions as the “buyer.” Each party assumes the duties and obligations related to those roles under applicable laws.

3. User Registration Process

3.1. In order to use the Services, you must complete the necessary registration process on the Website and create a Profile. Each user is permitted only one (1) Profile and agrees to provide accurate, current, and complete information during registration, and to update such information as it changes.

3.2. Palmetrics requires users to provide their full name, email address, and phone number during registration. Users may configure additional features of their Profile depending on the Services acquired, as prompted on the Website.

3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity, including requiring a password and email address to access your Profile and associated data.
To view or update your personal information, go to the settings page here: https://app.palmetrics.co.za/settings

3.4. By submitting your personal information on the Website, you warrant that the person using the Website is you, or that you have the legal authority to act on behalf of a corporate entity.
You are responsible for all activity linked to your Profile and should not share your login credentials with anyone.

3.5. Please refer to the Privacy Policy for more information about how Palmetrics uses and processes your personal data.

4. The Services

4.1. Once registered, the user is allocated a unique Profile, which is under their control and can be managed using the various tools made available on the Website.
Some features of the Website may automatically adjust or update a Profile according to the functionality of those tools.

4.2. Your Profile will also contain your notification preferences, contact information, and other settings relevant to the operation of your account.

4.3. For full and up-to-date information on the Services currently offered by Palmetrics, or services specific to your account, please visit the relevant pages at https://www.palmetrics.co.za or contact info@palmetrics.co.za for support.

4.4. For general information purposes — and subject to more detailed information provided elsewhere on the Website — below are examples of Services currently available to users:

4.4.1. Obtaining critical insights and data analytics services derived from Takealot:

• 4.4.1.1. Users can gain access to and use Palmetrics’ data analytics services. These tools analyse the user’s sales data retrieved via API access from supported e-commerce platforms. The user authorises access by providing their account credentials. Palmetrics then provides tailored insights into user markets, customer behaviour, and transaction activity.
• 4.4.1.2. Access to these Services is contingent on the user subscribing to a qualifying subscription package from Palmetrics.
• 4.4.1.3. Full pricing details for all subscription tiers can be found at: https://palmetrics.co.za/pricing
• 4.4.1.4. For more information on how this Service operates, please refer to our FAQ page.

4.4.2. Managing and updating product-related information on various e-commerce platforms:

• 4.4.2.1. Users can update product data — including but not limited to pricing and available inventory — by using Palmetrics’ tools to push updates to both the Palmetrics system and relevant e-commerce platforms via their APIs.
• 4.4.2.2. For more details on how this Service works, please refer to our FAQ page.

4.5. You acknowledge and agree that any insights, data, or information provided through the Website or Services are general in nature and are provided “as is.”
You are solely responsible for all decisions and actions taken in reliance on the Website, Services, or any information derived therefrom.

5. Payment for Palmetrics Services

5.1. General use of the Website and some Services is free of charge. However, the use of certain Services requires payment of a Fee to Palmetrics.
Palmetrics charges Fees for specific Services based on the following:

5.1.1. Subscription packages to access Palmetrics’ data analysis Services:

• 5.1.1.1. To subscribe to data analysis Services, users must apply through the relevant links and prompts on the Website and choose one of the available subscription packages:
  • 5.1.1.1.1. Free Package:
    Free monthly subscription. Grants access to all features in full, except the user may only add up to 2 (two) products to the Buybox Tracker.
    Only available to users with 20 (twenty) or fewer total active and inactive products.
  • 5.1.1.1.2. Starter Package:
    R500 (Five Hundred Rand) monthly subscription. Grants full access to all features. The user may add up to 20 (twenty) products to the Buybox Tracker, without limitations on active/inactive product totals.
  • 5.1.1.1.3. Annual Starter Package:
    R4800 (Four Thousand Eight Hundred Rand) annual subscription. Grants full access to all features. The user may add up to 20 (twenty) products to the Buybox Tracker, with no limits on product count.

5.2. A monthly tax invoice will be emailed to the user’s registered email address (as listed on their Profile) once payment is successfully debited.

5.3. Palmetrics is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technologies through trusted payment service providers.

5.4. Palmetrics processes payments using PeachPayments™ and/or other licensed, verified payment systems.

5.5. When using Peach Payments (Pty) Ltd. (“Peach Payments”):

• 5.5.1. The Website stores and processes payment information with Peach Payments (Reg. No. 2012/076633/07), acting as a secure third-party gateway to protect user banking details.
• 5.5.2. Users may be required to register a Peach Payments account and will be subject to Peach Payments’ applicable terms and conditions.

5.6. All advertised prices and Fees include Value Added Tax (“VAT”), delivery charges, and other applicable taxes or fees, unless otherwise stated or required by law.
Any additional charges will be clearly shown at checkout.

5.7. To view a full record of your transactions with Palmetrics, you may email info@palmetrics.co.za or log in to your user profile.

6. User Responsibilities and Warranties

6.1. By using the Website and/or the Services, you warrant that:

• 6.1.1. You have read and agreed to these Terms and will use the Website and Services in accordance with them.
• 6.1.2. You understand and agree that Palmetrics is not a regulated financial, advisory, educational, banking, or payments service provider, and you take full responsibility for all decisions made via the Website and/or Services and any information derived therefrom.
• 6.1.3. You have not made any misrepresentations and the information provided during registration — about you, your company, or your status — is true, accurate, and complete in every respect.
• 6.1.4. You are over the age of 18 (eighteen) and have the legal capacity to understand, agree to, and be bound by these Terms.
• 6.1.5. You lawfully possess and submit all information to the Website and/or Palmetrics for the use of the Website or Services.
• 6.1.6. You will provide Palmetrics with all necessary technological, electronic, physical, Takealot access, and/or other tools required for Palmetrics to conduct its Services.
• 6.1.7. You will not post, upload, replicate, or transmit any abusive content on the Website that could reasonably be considered threatening, harassing, defamatory, racist, sexist, discriminatory, or otherwise breach confidence, privacy, or restrict another user’s experience.
• 6.1.8. You will not send unsolicited electronic messages, or use any software, routine, or device to interfere with the operation of the Website, including but not limited to uploading corrupt files or viruses, or altering the appearance or code of the Website.
• 6.1.9. You will not infringe on any third party’s intellectual property or other rights, nor publish or distribute content that you do not have legal ownership or rights to share.
• 6.1.10. You will not use the Website for any commercial purpose other than those expressly permitted by Palmetrics.
• 6.1.11. You will not use the Website to violate any law or regulation, nor to perform or encourage illegal activity, including but not limited to intellectual property violations, money laundering, or financial crimes.
• 6.1.12. You will not facilitate or assist any third party in committing any of the above.

6.2. The Website is only accessible through compatible devices with internet access. You are responsible for obtaining such devices and paying for any data or network usage fees that apply.

6.3. Without limiting any of Palmetrics' rights (in law or otherwise), Palmetrics reserves the right to deny you access to the Website or Services if, in its reasonable discretion, it believes that you have breached any of these Terms.

6.4. Palmetrics does not guarantee that the Website, or any part of it, will function on any specific hardware or device.

7. Data Privacy and Our Processing of Personal Information

7.1. Palmetrics takes the processing of your personal information extremely seriously and adheres to the highest legal standards in South Africa.

7.2. For detailed information on how we process your personal information when you use the Website and/or Services, please refer to our comprehensive Privacy Policy.

8. KYC and AML Requirements

8.1. A user’s ability to access certain parts of the Website or specific Services may be governed by applicable Know-Your-Customer (“KYC”) and/or Anti-Money Laundering (“AML”) laws, including all relevant rules and regulations.

8.2. Palmetrics may, at its sole discretion and at various times, request the submission of identity verification documents in order to meet KYC and/or AML compliance standards. This may depend on transaction size or user profile.
Information may include ID documents, passports, or bank account details.
Failure to comply may result in the restriction or termination of access to Services.
Palmetrics may share this information with legal authorities where required under applicable laws.

8.3. Palmetrics may restrict or prevent user transactions that violate legal requirements or Palmetrics’ internal KYC/AML conditions, which are subject to change from time to time.

9. Receipt and Transmission of Data Messages

9.1. Data messages (including email) sent by you to Palmetrics will be considered received only once acknowledged or responded to.

9.2. Data messages sent by Palmetrics will be considered received once they reach the recipient’s designated information system and are capable of being retrieved and processed.

9.3. Palmetrics reserves the right to ignore and/or take action against any email or message containing obscene, threatening, defamatory, unlawful, or otherwise inappropriate content.

9.4. Messages sent over the internet may be intercepted, lost, or corrupted. Palmetrics cannot guarantee the security or accuracy of such messages and is not responsible for any damage resulting from emails or automated messages sent between users, or from Palmetrics to a user.

10. Hyperlinks, Deep Links, Framing

10.1. The Website may contain links to third-party websites (“the other sites”). Palmetrics does not own or endorse these other sites and is not responsible for the content, materials, services, or products accessible through them.
Inclusion of such links does not imply endorsement or affiliation.

10.2. Palmetrics does not claim ownership of content found on other sites displayed or linked on the Website. If you are the owner of such content and wish for it to be removed, please contact info@palmetrics.co.za to request removal.

10.3. Your access to and use of the other sites is entirely at your own risk and is governed by the terms and conditions of those third-party operators.

11. Advertising and Sponsorship

11.1. The Website may contain advertising and sponsorship content. Advertisers and sponsors are solely responsible for ensuring that any material submitted for inclusion on the Website complies with all applicable laws and regulations.

11.2. Palmetrics — along with its members, employees, suppliers, partners, affiliates, and agents — excludes, to the maximum extent permitted by law, any responsibility or liability for any errors or inaccuracies found in advertising or sponsorship material.

12. Intellectual Property Protection

12.1. All website layout, content, materials, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks — together with all user-submitted content in connection with the use of the Services — (“the intellectual property”) are owned or licensed by Palmetrics, its shareholders, partners, or affiliates, and are protected by domestic and international laws and treaties.

• 12.1.1. For clarity, all intellectual property submitted by a user remains the property of that user. However, the user grants Palmetrics a non-exclusive, non-transferable license to use such content as Palmetrics deems fit on the Website and/or in marketing material, for as long as the user remains registered.

12.2. Subject to any rights explicitly granted in these Terms, all rights to the Website’s intellectual property are strictly reserved.
You may not copy, download, print, modify, publish, broadcast, distribute, sell, or transfer any content — in whole or in part — without the prior written consent of Palmetrics.
Modifying or using intellectual property in violation of these Terms may result in legal action and a claim for damages.

12.3. Palmetrics reserves the right to update or make improvements to its intellectual property, materials, artwork, and other assets on the Website — including user Profile content — or to suspend/terminate Website services at any time without prior notice.
However, any completed transactions will not be affected by such changes.

12.4. Where any intellectual property belongs to or is licensed from a third party (excluding user submissions), your rights of use are subject to the applicable third-party terms and conditions, and you agree to comply with those terms.

12.5. Subject to these Terms, Palmetrics grants each user a personal, non-exclusive, non-assignable, and non-transferable license to access and display Website content on devices they own or control.
Nothing on the Website or in these Terms shall be interpreted as granting a license to use any intellectual property without written permission from Palmetrics.

12.6. Any questions or requests relating to intellectual property should be sent to info@palmetrics.co.za.

13. Disclaimers and Warranties

13.1. The Website and Services, including all intellectual property featured, are provided “as is” and “as available.”
Palmetrics makes no representations or warranties, express or implied, including but not limited to any warranties regarding accuracy, suitability, or correctness of the Website, Services, or any information derived from them.

13.2. All user opinions or content posted on the Website are those of the respective authors and not of Palmetrics.
Although Palmetrics makes reasonable efforts to present information accurately, it does not endorse, certify, or guarantee the accuracy or completeness of user-generated content.

13.3. Palmetrics — including its shareholders, employees, and partners — accepts no liability whatsoever for any direct, indirect, or consequential losses resulting from the use of the Website, the Services, or any decisions or actions taken based on the information provided therein.

13.4. Palmetrics — including its shareholders, employees, partners, and affiliates — shall not be liable for any costs, expenses, fines, or damages (including but not limited to economic loss, lost profits, consequential loss, or punitive damages) that may arise from:

• Use or inability to use the Website
• Access to the Services
• Any transactions concluded via the Website

13.5. Palmetrics implements reasonable security measures to ensure the Website’s safety and integrity, including preventing viruses and unauthorized access.
However, Palmetrics does not warrant uninterrupted, error-free access to the Website or that its content will be free from viruses, bugs, trojan horses, or other harmful components.
Your use of the Website is at your own risk, and you are advised to take your own precautions.

14. Indemnities

14.1. You agree to indemnify and hold harmless Palmetrics — along with its shareholders, employees, and partners — from any demand, action, legal proceeding, or claim (including attorney fees and tracing costs) brought by a third party in connection with your use of the Website and/or Services.

14.2. You agree to defend and indemnify Palmetrics against any direct or indirect liability, loss, claim, or expense (including reasonable legal costs) arising from your breach of these Terms.

14.3. This clause survives the termination of these Terms and continues to apply even after your use of the Website or Services has ended.

15. Company Information

• 15.1. Site owner: Palmetrics
• 15.2. Legal status: Private profit limited liability – (Pty) Ltd.
• 15.3. Registration number: 2019/467274/07
• 15.4. Directors: Juan-Claude David Humphreys and Jaron Johannes Alidarius Rademeyer
• 15.5. Description of main business: Online software as a service provider
• 15.6. Telephone number: 082 527 9517
• 15.7. Email address: info@palmetrics.co.za
• 15.8. Website address: www.palmetrics.co.za
• 15.9. Physical address:
  9A Antrim Road, B5 Westward Ho, Green Point, Cape Town, South Africa, 8005
• 15.10. Postal address:
  9A Antrim Road, B5 Westward Ho, Green Point, Cape Town, South Africa, 8005
• 15.11. Registered address:
  9A Antrim Road, B5 Westward Ho, Green Point, Cape Town, South Africa, 8005
• 15.12. Industry associations of which a member: None

16. Dispute Resolution and Governing Law

16.1. Your access to and use of the Website and/or Services, any downloaded materials, and the enforcement or interpretation of these Terms (including any related transactions) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.

16.2. Should any dispute, disagreement, or claim arise between you and Palmetrics regarding use of the Website or Services, both parties agree to attempt to resolve the matter amicably through good-faith negotiation, prioritising mutual interests.

16.3. If the dispute cannot be resolved through direct negotiation, the parties will seek the guidance of an independent industry expert, who will assist in mediating a mutually beneficial resolution.

16.4. If the dispute remains unresolved after mediation, it shall be submitted to binding and confidential arbitration under the expedited rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitrator will be selected by Palmetrics, and the arbitration will be conducted in Johannesburg in the English language.

16.5. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, regardless of the monetary value of the dispute. Either party may also utilise dispute resolution forums provided under applicable legislative tribunals or ombud services.

16.6. Both parties agree that under no circumstance will any dispute be publicised on social media or any public platform. Such publicity can cause serious reputational damage and may give rise to a financial damages claim by the affected party.

17. Termination of Use of Website or Services

17.1. IN ADDITION TO ANY OTHER RIGHTS SET OUT HEREIN, PALMETRICS RESERVES THE RIGHT TO TERMINATE OR CANCEL YOUR PROFILE AND ACCESS TO THE WEBSITE AND/OR SERVICES IF YOU BREACH THESE TERMS, OR FOR ANY OTHER REASON, IN ITS SOLE DISCRETION — PROVIDED THAT REASONABLE NOTICE IS GIVEN TO YOU.

17.2. If you wish to terminate your relationship with Palmetrics or stop using the Services, you may do so by deregistering your Profile and discontinuing use of the Website.
However, termination does not nullify any lawful obligations or rights accrued prior to termination — for example, outstanding fees owed to Palmetrics.

17.3. Upon cancellation of your agreement with Palmetrics, your Profile will be deleted, and Palmetrics will remove your access to the Website and delete your personal information, except for any data that it is legally required to retain.

18. Notices and Service Address

18.1. Each of the parties selects their service address for purposes of providing notices, serving legal processes, and all other matters arising from these Terms, as follows:

• 18.1.1. In the case of Palmetrics: info@palmetrics.co.za
• 18.1.2. In the case of the user: the email address and physical address provided during the registration process and/or maintained in the user's Profile.

18.2. Either party may change their service address by giving written notice to the other party.
Such a change will only be effective 14 (fourteen) days after the notice has been served.
Note: The new address cannot be a post office box or poste restante.

18.3. Notwithstanding anything above, any notice written in English and actually received by the intended party shall be deemed to have been properly delivered and received — even if it was not delivered in accordance with the formal requirements of this clause.

19. General

19.1. This document constitutes the entire agreement between the parties in relation to the subject matter herein.
Except as contemplated in clause 1.5 above, no alteration, cancellation, variation, or addition to these Terms shall be valid unless reduced to writing and signed by all parties or their duly authorised representatives.

19.2. No indulgence, leniency, or extension of time granted by Palmetrics shall constitute a waiver of its rights.
Palmetrics shall not be precluded from exercising any rights, whether past or future, due to having previously granted any such indulgence.

19.3. Words importing the singular include the plural, and vice versa.
Words importing one gender include all genders, and words importing persons include partnerships, trusts, and corporate entities, and vice versa.

19.4. Headings in these Terms are inserted for reference purposes only and do not affect the interpretation of any provision.

19.5. Your access to and/or use of the Website and/or Services — including any downloaded material or resulting transactions — shall be governed solely by the laws of the Republic of South Africa.

19.6. If you have any complaints or queries, please email info@palmetrics.co.za.

19.7. If you fail to pay any amount when due or breach these Terms, you shall be liable for all legal costs, including attorney and client fees and collection commission, incurred by Palmetrics in enforcing its rights.

19.8. Each sentence, paragraph, clause, and provision of these Terms shall be deemed severable.
If any part is found to be invalid, unlawful, or unenforceable by a final court judgment or applicable law, that part shall be deemed removed.
The remainder of the Terms shall continue in full force and effect.

19.9. No term in these Terms is intended to breach any peremptory provision of consumer protection legislation.
If any such breach occurs, the offending term shall be interpreted in accordance with clause 19.8, and the rest of the Terms shall remain valid.