TERMS AND CONDITIONS

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the company (“Provider”) website located at the domain name www.shefiles.co.za (“the Website”) as also the She Files WizardTM (“the Wizard”) which may be accessed either directly or through the Website.


By accessing and using the Website and Wizard, the User agrees to be bound by the latest version of the Terms and Conditions.

 


Updating of these Terms and Conditions


The Provider reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the Website. It is the User’s obligation to check these Terms and Conditions at the Website for changes or updates. The User’s continued use of the Website and Wizard following the posting of changes or updates will be considered notice of the User’s acceptance of the changes or updates.

 


Password and Access Control


The Provider may, at its discretion, provide the User with a password that will enable the User to log onto, use and transact on the Website and Wizard.


The User shall ensure that the password remains confidential to avoid unauthorised use.


The User assumes all risk in and to the password and the maintenance of its integrity, and all activities conducted under the password allocated to the User, shall be considered to be that of the associated User.

 

 

Security


Any person that delivers or attempts to deliver any damaging code to the Website or Wizard, or attempts to gain unauthorized access to any page on the Website or to the Wizard shall be liable for any losses incurred by or occasioned to either the Provider or any User as a result thereof.


The User warrants that it will exercise the necessary care and skill not to introduce any virus or disenabling code to the Website or to the Wizard, and will use commercially reasonable efforts to prevent others from introducing or coding, any viruses or disabling code into the Website or Wizard.


The User’s attention is specifically directed to the provisions of Sections 85 to 89 of the Electronic Communications and Transactions Act no. 25 of 2002 (“the ECT Act”). The User shall be liable for any damages suffered by or losses occasioned to the Provider as a result of any offence committed by the User or a User as contemplated in the ECT Act.

 

 

Information Transmitted on the Internet


An electronic communication (“Electronic Communication”) means any text, voice, sound, image or video message sent over an electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient or on the recipient’s behalf.


Information transmitted through Electronic Communications may be susceptible to monitoring and interception and you bear the risk of such submissions and you waive any claims you may have for any losses you may suffer as a result of information transmitted to the Provider and which may be monitored and/or intercepted. The Provider reserves the right to request independent verification of any information transmitted to it using Electronic Communications.


Please be aware that any unsolicited confidential or proprietary information sent to the Provider using Electronic Communications cannot be guaranteed to remain confidential.

 

 

Intellectual Property


The Provider retains all copyright and other intellectual property rights in all content published on the Website and to the Wizard, including logos and other graphics and multimedia.


The User may view content from either the Website or Wizard and copy it onto a computer or other device or storage media, and may print and make paper copies of it, but only if it is not used for any commercial purposes and any copy shows the Providers copyright notice


The logos and trade marks on the Website and in Wizard are the Providers’ registered and unregistered trademarks or those of other parties.


No permission to use any such trade mark for any purpose is provided.


Even if any content on the Website or in Wizard is not confidential or there is no copyright in it, the Provider still owns all of it and the User has no rights in it.

 

 

Permission for linking to the Website

 

Nobody may create any kind of link or reference to the Website or the Wizard without the Providers’ consent first having been obtained. Links that need permission include hyperlinks (automatic links in text), deep links (that bypass the Website’s home page), frames, metalogs or any similar reference, electronic or not.

 

 

Use of suitable hardware and software


The User must use suitable hardware and software (computer equipment and programs) suitable for the Website and Wizard. If the User fails to do so either the Website or Wizard may not function correctly which may increase the Users’ exposure to security risks.


The Provider does not warrant that any file, download or application available on the Website or in Wizard is safe to use on any computer. The Provider cannot guarantee that it contains no software or data that can negatively affect a computer system, such as viruses, Trojans and other malicious software.

 

 

Registration

 

The User will be prompted on the Website to either Sign In or Sign Up.


Sign In grants the User access to the Wizard for purposes of generating a Health and Safety file (“SHE file”) whilst Sign Up allows the User to select a payment plan and make payment.


The User may select either a standard or business payment plan.


The standard plan costs R750.00 per month and entitles the User to generate up to 4 SHE files per month. Additional files may be generated at a cost of R190.00 per file.


The business plan costs R1450.00 per month and entitles the User to generate up to 9 SHE files per month. Additional files may be generated at a cost of R170.00 per file.


All amounts are expressed exclusive of value added tax.


Either plan entitles the User to unlimited use and exists on a month to month basis, terminable by the User on 7 days’ notice to the Provider.


The Provider may terminate the Users’ registration on the Website or of Wizard on 7 days’ notice to the User in the event of the User having breached the Terms and Conditions.

 

 

Payment

 

The User may pay amounts owing to the Provider by credit card, electronic funds transfer (“EFT”) or by way of an authorization form permitting the Provider to place a debit order on the Users account.


Credit card transactions are outsourced to Virtual Card Services (Pty) Ltd (“VCS”).


When using your credit card for making payment to the Provider, VCS will attempt to use 3D Secure as an additional security measure if your issuing bank supports it.  3D Secure will authenticate your personal details and will authorise payment. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.


EFT shall be made to the bank account of the Provider appearing on both the Website and Wizard.


The Provider accepts no responsibility for payments made erroneously by the User to the incorrect bank account nor for any liability that may arise as a result of credit card transactions implemented by VCS.


VCS is a third party service provider and the User acknowledges that any credit card transaction shall be implemented on the terms and conditions of VCS.

 

 

Refunds

 

It is the responsibility of the User to satisfy itself regarding the adequacy of both the Wizard and the SHE files generated through the Wizard prior to committing to Sign Up.


No refunds will be payable by the Provider to the User as a result of the Users’ failure to generate SHE files in any month, or the User not being satisfied with the content of a SHE file generated by the Wizard.

 

Refunds shall only be payable for advance payments made in respect of months that have not yet commenced and which have subsequently been cancelled in advance by the User.

 

 

SHE files


SHE files are generated through the Wizard by applying the Occupational Health and Safety Act No. 85 of 1993 (“OHS Act”) to relevant information and documentation submitted by the User.


As the compilation of the SHE file is dependent on such information and documentation, the Provider does not warrant that the SHE file will either comply with the OHS Act or be fit for the intended purpose of the User.


The User acknowledges that the OHS Act imposes an obligation on the Use to comply with the Regulations to the OHS Act (the “OHS Act Regulations”).


It is the responsibility of the User to ensure, either itself or through the party transacting with the User, that the SHE file complies with the OHS Act and the OHS Act Regulations.


The User acknowledges being bound to Construction Regulations CR 7 (1), and that the use of the Wizard does not absolve the User of its responsibility to comply with the OHS Act Regulations:


“ A principle contractor must –

  1. Provide and demonstrate to the client a suitable, sufficiently documented and coherent site specific health and safety plan, based on the clients documented health and safety specifications contemplated in regulation 5 (1) (b), which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the principle contractor as work progresses.
  2. open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client’s agent or a contractor.”


The Provider shall not be liable for any error or deficiency in the accuracy of the SHE file which shall be covered by the Limitation of Liability provisions set out below.

 

 

Privacy Policy


Personal information which the User provides to the Provider may be used:

  • To provide products or services the User has requested;
  • To respond to and follow up on inquiries or complaints by the User;
  • To update any records held about the User;
  • To improve or detect any unlawful activities;
  • To evaluate the effectiveness of the Providers’ marketing and for the purposes of research and statistical analysis in order to improve the Providers’ products and services;
  • To meet a legal or regulatory obligation.


The Provider will not share the Users’ personal information with third parties unless:

  • Such disclosure is permitted in terms of the Terms and Conditions; 
  • The disclosure is required to meet a local or international regulatory or tax authority requirement;
  • The disclosure is required to meet a legal or regulatory obligation.

Third Party Sites

 

In addition to the Terms and Conditions, the User agrees to be bound by the additional service-specific terms applicable to services the User utilises or that are provided by the Providers’ partners or other third party service providers.


The Provider may from time to time recommend, provide the User with access to or enable third party software, applications, products, services or website links (collectively “Third Party Services”).


The Provider provides no warranties with respect to Third Party Services.


The User acknowledges that the Provider has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services.


The availability of Third Party Services on the Website or in Wizard, or the integration or enabling of such Third Party Services with the Website or Wizard does not constitute or imply an endorsement, authorization or affiliation by or with the Provider.

 

 

Limitation of liability

 

The Users’ use of the Website and Wizard is dependent on factors beyond the Providers’ control, such as the network coverage or availability of the Users’ internet service provider’s availability.


The Provider is not liable for any loss or damage that the User may suffer if a factor beyond the Providers’ control arises, and the User cannot access the Website or Wizard.


The User uses the Website and Wizard entirely at its own risk. The User is responsible for any loss or damage that may result from it using or not being able to use the Website or Wizard.


The Provider (including its owners, agents, consultants, employees and any affiliated persons) are not responsible for any loss or damages related to the Users use of the Website or Wizard, nor for Third Party Services or any error or deficiency in the SHE files. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages in terms of any contract, delict (breach of a duty of care) or law, and even if the Provider was expressly told that any loss or damage was possible.


The Provider is not responsible for any loss that results from:

  • any technical or other problem (including interruption, malfunction, downtime or other failure) that affects the Website or Wizard or any online service or any database for any reason;
  • any loss of or damage to any personal information or other data caused directly or indirectly by technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or because of the Users’ own negligence ;
  • any event over which the Provider has no direct control.

Despite what is stated above, if the Provider is found to be liable to the User for any reason, such liability shall not exceed the monthly charge then payable on the plan selected by the User.

 

 

Privacy:  casual surfing


The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.


Collection of Cookies

 

A cookie is a piece of information that is deposited on your computer's hard drive by your web browser when you use our computer server. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website or the Wizard.

 

Choice of Law

 

The Website and Wizard is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website and Wizard from territories or countries where the content on the Website or SHE files generated through the Wizard is illegal, is prohibited. The User may not use the Website or Wizard in violation of South African export laws and regulations. If the User accesses the Website or Wizard from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Port Elizabeth High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User.

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