The Unisheq (Pty) Ltd End User License Agreement ("Agreement") sets forth a legally binding agreement between you the user and Unisheq (Pty) Ltd.
You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws and regulations with regard to your use of Unisheq SHEQ Compliance Platform ("Platform").
You represent that you have legal authority to bind yourself or any party you represent to this Agreement.
The agent (“Unisheq Agent”) joins free of charge and that he or she is under no obligation to join.
All information within the portal is confidential and may under no circumstances be shared with any 3rd party or anyone else except the registered agent and client who appointed the agent.
By signing up as an agent you are not entering into any employment agreement with Unisheq (Pty) Ltd or any other affiliate or subsidiary connected to it (“Unisheq”).
Your usage of the Unisheq Agent Module is merely a platform enabling you to engage with potential clients subscribed through (to) the Unisheq portal.
Unisheq are entitled to deduct twenty percent commission, admin costs and bank charges on all transactions transacted through the Agent portal. All deductions will be clearly indicated on the invoices generated by the system to the Unisheq Agent.
By accepting this you as the “Agent”agree not to have entered into an employment contract with Unisheq and has read and accepted the Unisheq terms and conditions."
"Claims” means any and all manner of claims, demands, actions, suits or proceedings, including, without limitation, all rights with respect to any and all Losses;
"Feedback" means your recommendations, enhancement requests, suggestions, or other feedback on the features or functionality of the Platform.
"Losses" means any and all manner of losses, damages, fines, penalties, costs and expenses (including legal fees on a solicitor and own client basis), known or unknown, foreseeable or not foreseeable, liquidated or unliquidated.
"Site" means Unisheq website at the following URL: www.unisheq.com.
"Unisheq" means Unisheq (Pty) Ltd, or any subsidiaries, affiliates, directors, shareholders thereof.
"Unisheq Content" means all content that is not Your Content.
"Your Content" means any material whatsoever that you submit, create or transfer by your use of the Platform including but not limited to data, information, images, screen shots, video, audio or other content.
Unisheq (Pty) Ltd charges the user a once of registration fee together with a fee for each project or subsidiary registered on the portal. The fees will be payable on each active project on a monthly basis, in advance.
Payments will be facilitated via PayFast. The user will be directed to the secure PayFast payment site to process payment after which you will be reverted to the Unisheq (Pty) Ltd site.
The User acknowledges that the use of the services as provided on the Website, Mobile Application and the Online Database will result in charges to You for the products and/or services as applied for.
Payment for the charges will be made through the Website and/or Mobile Application. These charges will include all relevant taxes as may be applicable in law. All payments are to be made in advance and facilitated by Unisheq (Pty) Ltd through the Website.
After the transaction is completed, Unisheq (Pty) Ltd will furnish you with an invoice and statement which will be available on the portal.
All fees are based on the number of authorised users and the product level. All payment obligations are non-cancellable, and all fees are non-refundable. Quantities of projects or subsidiaries cannot be decreased during the relevant subscription period.
Unisheq (Pty) Ltd reviews the fees it charges for your subscription to the Website, Mobile Application and Online Database on an annual basis so that it reflects Unisheq (Pty) Ltd investment in any upgrades in functionality and features and to accommodate your pattern of usage.
Unisheq (Pty) Ltd shall provide you with thirty (30) days prior notice of any increase in your subscription fees which shall be effective on the anniversary date of your subscription.
Changes to this Agreement
Unisheq may, acting in its sole discretion and without notice to you, change the terms of this Agreement from time to time ("Changes"). You agree to review this Agreement periodically to ensure you are familiar with the current version in force, and your continued use of the Platform constitutes your acceptance of the changes.
If you have any questions about this Agreement, please email us at email@example.com.
You may not use Unisheq name, logo or trademarks in any material, written or electronic, distributed to a third party without Unisheq prior written consent.
Governing Law, Jurisdiction and Venue
The interpretation of this Agreement, all disputes arising hereunder and Unisheq’ and your legal relationship with Unisheq shall be governed by and construed in accordance with the laws of the Public of South Africa, together with the laws of South Africa applicable therein, without regard to its conflicts of laws principles. This Agreement shall not be governed by the application of the United Nations Convention on Contracts for the Sale of Goods.
You and Unisheq irrevocably and unconditionally agree that you and Unisheq will not commence any action, litigation or proceeding of any kind whatsoever against each other that arises from or relates to this Agreement, regardless of legal theory (whether by contract, equity, tort (including negligence), fraud, under statute or other) in any forum other than the courts of South Africa and any appellate court thereof. You and Unisheq irrevocably and unconditionally accept and submit to the exclusive jurisdiction of such courts and agree to bring any such action, litigation or proceeding only in the courts of South Africa, the Judicial District of Pretoria. You and Unisheq agree that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by action on the judgment or in any other manner provided by law.