Pulse Report Terms
RSA Corridor Pulse Report - Terms of Use and Rights Notice
READ BEFORE USING. THESE TERMS BIND YOU.
The SA Pulse Report is the property of Crickmay and Associates (Pty) Ltd, registration number: 1985 / 004124 / 07 (“Crickmay”) and is made available only on these Terms. By accessing, reading, relying on, downloading, using or forwarding this Report, or any part of it, you agree to be bound by these Terms. If you received the Report from someone other than Crickmay, these Terms still govern your use; the person who sent it cannot give you any greater right. If you do not agree, do not read or use the Report, and destroy any copy in your possession. These Terms are incorporated into, and apply to, every copy and edition of the Report wherever it appears.
1. Ownership and Intellectual Property
1.1
The RSA Corridor Pulse Report (the "Report") and all data, analysis, indicators, commentary, methodology, and visual content contained within it are the intellectual property of and vest solely in Crickmay. Nothing in these Terms transfers any right in the Report to you, and all rights not expressly granted are reserved. This includes, but is not limited to: (i) All corridor performance data, statistics, and derived indicators; (ii) The analytical methodology and classification framework (including status classifications, forward signals, and reliability indicators) (iii) All editorial content, including Analyst Verdicts, Editor's Notes, watch signals, and operator recommendations (iv) All visual elements, including charts, tables, maps, and design components (v) The Report's name, branding, and trade dress.
2. Purpose of the Report
2.1
The Report is distributed free of charge as a public intelligence informational guide to support informed decision-making across South Africa's logistics corridors. It is intended as an indicator-based reference tool, not as professional advice, professional services, or a definitive or exhaustive data census.
2.2
The free distribution model is sustained by the LMS benchmarking subscription service. The Report is designed to demonstrate the value of corridor intelligence. Commercial data access, fleet-level benchmarking, and tailored reporting are available exclusively to LMS customers.
3. What You Are Permitted to Do
3.1
Internal operational use. You may use the Report to inform your organisation's internal planning, operations, routing decisions, and risk management.
3.2
Citing with attribution. You may reference specific statistics, findings, or analysis from the Report in your own reports, presentations, publications, or communications, provided you attribute the source clearly as follows: "RSA Corridor Pulse Report| LMS Logistics Monitoring System | Crickmay and Associates I enquiries@crickmay.co.za | www.logisticsmonitoring.com | [Edition date]”
For digital citations, link to the LMS platform or official distribution channel where possible.
3.3
Sharing in original form. You may forward or share the Report in its original, unmodified form for non-commercial informational purposes with colleagues, clients, partners, or industry stakeholders. The Report must be shared with these Terms and all notices intact. A subscriber who shares otherwise indemnifies Crickmay against loss arising from that breach, including use by any person to whom the Report is improperly forwarded.
3.4
Academic and policy use. You may use the Report in academic research, policy analysis, development impact assessments, or institutional reporting, with attribution as specified above.
3.5
Media and journalism. You may cite Report findings or statistics in news coverage or commentary, with attribution as specified above.
4. What You Are Not Permitted to Do
The following uses are are prohibited without prior written authorisation from Crickmay:
4.1
4.2
4.3
4.4
4.5
4.6
4.7
Commercial redistribution. You may not sell, license, sublicense, or make available for commercial gain the Report or any substantial portion of its data, analysis, or content.
Commercial product development. You may not use the Report's data, indicators, analysis, analytical frameworks, indicator structures, data architecture or methodology as the primary or substantial input to any product, service, platform, subscription, or tool that you offer to third parties, whether for a fee or otherwise. This includes logistics intelligence products, freight risk tools, corridor monitoring platforms, and any offering that derives commercial value from the Report's content.
Systematic data extraction. You may not systematically scrape, extract, compile, or aggregate data from the Report (including through automated or AI-assisted processes or use the Report's data or content to train, fine-tune or develop any AI or machine-learning model) for the purpose of building derivative datasets, indicators, or benchmarking tools intended for use beyond your own internal operations.
Misrepresentation of origin. You may not reproduce, republish, or present the Report's data, analysis, or editorial content as your own work, or remove, obscure, or alter attribution to LMS / Crickmay.
Competing intelligence products. You may not use the Report or any element of its content or intellectual property to develop a directly or indirectly competing corridor intelligence or logistics monitoring product without a commercial licensing agreement with Crickmay.
Modification and derivative works for distribution. You may not modify, adapt, translate, or create derivative works based on the Report's content for distribution to third parties without prior written authorisation.
Anti-circumvention. You may not remove, alter, obscure, defeat or circumvent any watermark, tracking identifier, access control or other technical protection measure in or applied to the Report, or attempt to identify and strip any per-recipient identifier.
5. Data Accuracy, Limitations, and Disclaimer
The Report is based on GPS geo-positioning data from a tracked sample of heavy motor vehicles and vessels. It represents a partial view of freight movement across monitored corridors, not a complete census of all traffic.
5.1
Indicative use only. All data, statistics, and indicators in this Report are indicative. They are intended as a decision-support reference, not as a definitive or authoritative measure of corridor performance. Users should apply professional judgment and cross-reference with other available sources before making material operational or commercial decisions.
5.2
No warranty. Crickmay makes no warranty, express or implied, as to the accuracy, completeness, reliability, timeliness, or fitness for purpose of any data or analysis contained in the Report. The Report is provided "as is."
5.3
No liability. To the fullest extent permitted by applicable law, Crickmay, TradeMark SA, the World Bank, and all Crickmay’s associated data partners and funders accept no liability for any loss, damage, cost, or consequence whatsoever and howsoever arising in connection with the Report or from direct or indirect reliance on any information contained in the Report. Decisions made on the basis of this Report are the sole responsibility of the decision-maker.
5.4
Consequential Losses. Crickmay, TradeMark SA, the World Bank, and all Crickmay’s associated data partners and funders shall under no circumstances be liable to any reader or user of this Report for special, indirect or consequential loss or damages, including loss of profits, loss of business opportunity, corruption of data, failure to realise expected savings or any other commercial or economic loss of any kind.
5.5
Sample-based data. LMS data captures a subset of the vehicle population. Observed volumes and derived indicators should be treated as proportional indicators, not absolute traffic counts. Penetration rates vary by corridor, border, and reporting period.
6. Confidentiality of Undisclosed Methodology
Where Crickmay discloses to a subscriber methodology, model logic or data architecture not published in the Report, the subscriber must keep it confidential, use it only for the permitted internal purpose, disclose it only to employees with a need to know who are bound by equivalent obligations, and return or destroy it on demand. This obligation survives termination indefinitely and does not apply to anything lawfully in the public domain.
7. Breach
7.1
If you breach any of these Terms, Crickmay is entitled, without prejudice to any other right in law and without notice or any obligation to allow a period to remedy, to:
7.1.1.
terminate your rights under these Terms and the licence granted to you with immediate effect, whereupon you must immediately cease all use of the Report and, on demand, deliver up or destroy all copies and any material derived from it and confirm in writing that you have done so; and/or
7.1.2.
enforce specific performance of these Terms, including by way of interdict restraining the breach or threatened breach; and
7.1.3.
enforce specific performance of these Terms, including by way of interdict restraining the breach or threatened breach; and
7.2
The remedies in 7.1 are cumulative and not exclusive. Crickmay’s election of, or delay in exercising, any remedy does not waive any other remedy or any subsequent breach.
7.3
Termination does not affect any right or claim that accrued before termination. Any continued use of the Report after termination is unlawful and constitutes infringement of Crickmay's intellectual property rights.
7.4
You acknowledge that a breach of clauses on prohibited use, confidentiality, and forwarding may cause harm that is not adequately remediable in damages, and that Crickmay is accordingly entitled to seek urgent interdictory relief in addition to its other remedies.
8. Data Protection
Crickmay processes subscriber personal information (e.g. name, email) under POPIA and its Privacy Policy, to deliver the Report and related communications, on the basis of performance of the subscription and its legitimate interests. Subscribers may access, correct, or request deletion via keith@crickmay.co.za
9. Commercial Licensing and Detailed Data Access
If your intended use falls outside the permitted uses described in clause 3, or if you wish to use LMS data commercially, the following options are available:
9.1
LMS Benchmarking Subscription - benchmark your fleet's performance directly against the corridor, border, and port data that underpins this Report. Detailed weekly data at corridor, border, and port level.
9.2
Tailored Reporting - custom corridor, border, or port reports delivered in your preferred format and on your schedule.
9.3
Commercial Licensing - licensing arrangements for organisations that wish to incorporate LMS data or methodology into third-party products, platforms, or services.
9.4
Contact: enquiries@crickmay.co.za | +27 33 343 1007
10. General
10.1
Governing law and jurisdiction. These Terms are governed by South African law. You consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Division.
10.2
Entire agreement and variation. These Terms, with any document they incorporate, are the entire agreement on their subject matter. Subject to clause 11 below, no variation or waiver is valid unless in writing and signed by Crickmay.
10.3
No waiver. No failure, delay or indulgence by Crickmay in enforcing a right waives it or precludes its later enforcement.
10.4
Severability. If any provision is invalid or unenforceable, it applies in its narrowest enforceable form and, failing that, is severed without affecting the rest.
10.5
Cession. You may not cede or assign any rights and obligations arising from these Terms without the express written consent of Crickmay. These Terms bind and benefit the parties' successors in title and permitted assigns.
10.6
Survival. Provisions that by their nature should survive (ownership and intellectual property, prohibited use, confidentiality, disclaimer and limitation of liability, breach and remedies, and this clause) survive termination.
10.7
Relationship and notices. Nothing here creates any partnership, agency, or employment relationship.
11. Changes to These Terms
11.1
Crickmay may amend, replace, or update them at any time, in its sole and absolute discretion, by publishing the amended Terms with or alongside an edition of the Report or at https://www.crickmay.co.za/pulsereportterms. No notice to you, and no further act by Crickmay, is required for an amendment to take effect.
11.2
The Terms applicable to any edition of the Report are those published with that edition, or in force at https://www.crickmay.co.za/pulsereportterms at its date. Amended Terms apply to that edition and every later edition.
11.3
Each time you access, read, use or forward the Report you do so on and accept the Terms then in force. It is your responsibility to check the current Terms at https://www.crickmay.co.za/pulsereportterms before each use. If you do not agree to the Terms, then in force, you must not access or use the Report and must destroy any copy in your possession.