Terms of Service

2 About Us

This Website is owned and operated by Herbst Group (Pty) Ltd and its associated entities ("Herbst Group of Companies", "Herbst", "we", "us", or "our"):

3 Intellectual Property Rights

3.1 Ownership

All content, materials, information, data, text, graphics, logos, images, audio, video, software, designs, methodologies, frameworks, models, schemas, and any related intellectual property displayed on or accessible through this Website ("Content") are and shall remain the sole and exclusive property of Herbst Group (Pty) Ltd and/or its affiliates.

No rights, title, or interest in the Content are transferred to any user or visitor, except where expressly authorised in writing by Herbst.

3.2 Protected Intellectual Property

The Content is protected under applicable intellectual property laws of South Africa and international treaties, including but not limited to:

• Copyright
• Trade marks (registered and unregistered)
• Trade secrets
• Know-how
• Designs
• Patents
• Software rights
• Other statutory and common law protections

3.3 Trademarks

The following are trademarks of Herbst Group (Pty) Ltd:

These marks may not be used without our prior written permission.

3.4 No Licence Granted

Nothing on this Website shall be construed as granting, whether by implication, estoppel, or otherwise, any licence, user rights, or transfer of ownership in or to the Content or Herbst's intellectual property, except where expressly authorised in a prior written agreement signed by Herbst and verified by STEYN IP.

Any unauthorised use, reproduction, disclosure, or exploitation of the Content constitutes a violation of Herbst's rights and may give rise to civil and/or criminal liability.

4 Permitted Use

4.1 Website Access

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for personal, non-commercial, informational purposes only. This licence does not include:

• Any resale or commercial use of the Website or its Content
• Any collection or use of any product listings, descriptions, or prices
• Any derivative use of the Website or its Content
• Any downloading or copying of account information for the benefit of another party
• Any use of data mining, robots, or similar data gathering and extraction tools

4.2 Restrictions

Without the prior written consent of Herbst, you may not:

• Copy, modify, reproduce, adapt, or translate any Content
• Distribute, publish, display, or transmit any Content
• Reverse engineer, decompile, or disassemble any software or technology
• Create derivative works from any Content
• Include any Content in prompts, training data, or inputs for artificial intelligence or machine learning systems
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use any Content for any commercial purpose
• Frame or mirror any portion of the Website
• Use the Website in any manner that could damage, disable, overburden, or impair it

4.3 Specific Prohibitions for AI Systems

5 Proprietary Materials and Methodologies

5.1 Methodology Content

Our proprietary methodologies, frameworks, and approaches (including but not limited to SNIPER, Rep as Conductor, Range Archetype, ASSPAC, Her-Zone, Herbst Conductor, and related materials) represent significant intellectual property developed through years of expertise and investment.

Information about these methodologies provided on this Website is for general informational purposes only and does not constitute a licence to use, implement, or apply these methodologies.

5.2 Client Deliverables

Separate terms and conditions apply to proprietary materials, playbooks, training content, and deliverables provided to clients under engagement agreements. Such materials are governed by the specific terms of the relevant engagement agreement and/or the Herbst Proprietary Materials Terms & Conditions (Ref: M00003774_GL).

6 User Conduct

6.1 Prohibited Conduct

You agree not to use the Website to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Website or servers or networks connected to the Website
• Attempt to gain unauthorised access to any portion of the Website or any systems or networks connected to the Website
• Collect or store personal data about other users without their consent
• Use the Website for any fraudulent or unlawful purpose
• Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature

6.2 Consequences of Violation

Any unauthorised use of the Website or violation of these Terms may result in:

• Termination of your access to the Website
• Civil liability for damages
• Criminal prosecution where applicable
• Injunctive relief

Herbst reserves the right to pursue all remedies available at law and in equity in respect of any prohibited use or violation.

7 User Submissions

7.1 Contact Forms and Enquiries

When you submit information through our contact forms, consultation requests, or other submission mechanisms, you grant Herbst a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, and distribute such submissions for the purpose of responding to your enquiry and providing our services.

7.2 No Confidential Relationship

Submitting information through the Website does not create a confidential relationship between you and Herbst. Do not submit any information you consider confidential or proprietary through the Website's public forms.

7.3 Newsletter Subscriptions

Newsletter subscriptions are subject to our Privacy Policy and require explicit consent. You may unsubscribe at any time.

8 Disclaimers

8.1 Professional Services Disclaimer

The Content on this Website is provided for general informational purposes only and does not constitute professional advice. The information provided should not be relied upon as a substitute for professional consultation with qualified advisors.

Herbst provides pharmaceutical consulting, training, analytics, and related services. Any engagement for such services is subject to separate engagement agreements and terms.

8.2 No Warranty

We do not warrant that the Website will meet your requirements, that the operation of the Website will be uninterrupted or error-free, or that defects will be corrected.

8.3 Third-Party Links

The Website may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

8.4 Accuracy of Information

While we endeavour to ensure the information on this Website is accurate and current, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any Content. Information may change without notice.

9 Limitation of Liability

9.1 Exclusion of Liability

9.2 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE, OR ONE HUNDRED SOUTH AFRICAN RAND (R100.00), WHICHEVER IS GREATER.

9.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND HERBST AND THAT HERBST WOULD NOT PROVIDE THE WEBSITE TO YOU WITHOUT THESE LIMITATIONS.

10 Indemnification

You agree to indemnify, defend, and hold harmless Herbst and its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees) arising from:

• Your use of the Website
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit through the Website

11 Confidentiality

11.1 Protected Areas

Certain areas of the Website may be restricted or require authentication. Access to such areas is granted only to authorised users and is subject to additional terms and confidentiality obligations.

11.2 Client Portal (Future)

Should a client portal be implemented, access will be subject to separate terms including confidentiality obligations. Users of any protected areas undertake to preserve the confidentiality of any proprietary information accessed and to protect it with reasonable care.

12 Modifications to Website and Terms

12.1 Website Changes

We reserve the right to modify, suspend, or discontinue the Website or any part thereof at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

12.2 Terms Updates

We may revise these Terms at any time by updating this page. The "Last Updated" date at the top of this page indicates when the Terms were last revised. Your continued use of the Website after any changes constitutes acceptance of the revised Terms.

13 Governing Law and Jurisdiction

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

13.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of South Africa for the resolution of any disputes arising out of or relating to these Terms or your use of the Website.

13.3 Waiver of Jury Trial

To the extent permitted by law, you waive any right to a jury trial in any proceeding arising out of or related to these Terms.

14 General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and Herbst concerning the Website.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term of these Terms 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.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control.

14.6 Relationship

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Herbst.

15 Contact Information

For questions about these Terms of Service, please contact us:

16 Related Documents

• Privacy Policy - How we collect, use, and protect your personal information
• POPIA Compliance Statement - Our commitment to data protection under South African law
• Proprietary Materials Terms - Terms governing client deliverables (Ref: M00003774_GL)