– Terms of Use –

All terms are explicitly incorporated herein by reference and are hereby accepted. In addition, the Terms and Conditions is accepted by each Authorized User prior to that Authorized User’s access to the Website, Mobile Application and the Online Database.

The content of the pages of this Website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

This Website contains material which is owned by or licensed to us. This material may include but is not limited to, the design, layout, look appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this Website which is not the property of, or licensed to, the operator is acknowledged on the Website.

Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

From time to time this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website(s). We have no responsibility for the content of the linked Website(s).

Your use of this Website and any dispute arising out of such use of the Website is subject to the laws and jurisdiction of the Republic of South Africa.

The Unisheq (Pty) Ltd Website, Mobile Application and the Online Database serves as a platform to enhance occupational, safety, health, and quality compliance and management within your organization.

The services will give you as a user an opportunity to enhance your compliance with tools developed in the Website, Mobile Application and the Online Database to educate, guide, and assist the user to comply to the requirements. The system does not make the user compliant. The user still has the responsibility to deliver all the mandatory and statutory requirements as required to comply.

The performance of the user will result in a track record that can be used to negotiate strategic advantages and insurance premiums.

The Service, Website, Mobile Application and the Online Database are owned and operated by Unisheq (Pty) Ltd and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Unisheq (Pty) Ltd and its partners, as well as other sources, and are protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws.

The Service, Website, Mobile Application and the Online Database are also protected as a collective work or compilation under global copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service, Website, Mobile Application and the Online Database. You acknowledge that the Service, Website, Mobile Application and the Online Database have been developed, compiled, prepared, revised, selected, and arranged by Unisheq (Pty) Ltd and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Unisheq (Pty) Ltd and such others.

You agree to notify Unisheq (Pty) Ltd immediately upon becoming aware of any claim that the Service,Website, Mobile Application and the Online Database infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorized use of any material contained on or through the Service, Website, Mobile Application and the Online Database may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

The Unisheq (Pty) Ltd Service, Website, Mobile Application and the Online Database are subjected to usage limits. Usage limits can be increased at any time subject to agreement to additional charges which may arise. These additional limits can include storage space, bandwidth and additional user authorizations. Authorized User’s password may not be shared with any other individual and is valid on no more than three (3) devices. An Authorized User identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the Services.

To access the Website, Mobile Application and the Online Database Service, you must register aUnisheq (Pty) Ltd account by creating a username and password.

You agree to provide us with accurate, complete, and current registration information about yourself and your company. It is your responsibility to ensure that your password remains confidential and secure.

By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you. If you are a billing user, an administrator, or if you have confirmed that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Unisheq (Pty) Ltd is entitled to rely on your instructions.

Subject to the terms of this Agreement, Unisheq (Pty) Ltd grants you a limited, fee-bearing, non-exclusive, personal, non-transferable, non-sub-licensable and fully revocable license to access and use the Website, Mobile Application and the Online Database (the "License").

Subject to development, changes, fixes or any other technical reason the user should access the Tool via the Unisheq (Pty) Ltd website.

You acknowledge and agree that Unisheq (Pty) Ltd may modify, suspend or remove any Unisheq (Pty) Ltd Content or features of the Site at any time.

All rights to the Website, Mobile Application and the Online Database and Unisheq (Pty) Ltd Content not expressly granted to you hereunder are exclusively reserved by Unisheq (Pty) Ltd.

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.

You are responsible for notifying us at support@unisheq.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

Unisheq (Pty) Ltd will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use.

You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Unisheq (Pty) Ltd or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Unisheq (Pty) Ltd reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

Unauthorised use of the Website, Mobile Application and the Online Database may give rise to Unisheq (Pty) Ltd instituting a claim for damages against you and all involved and/or you and all involved may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.

You as the user agrees that user’s purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Company regarding future functionality or features.

The User understands and agrees that usage of the Website, Mobile Application and the Online Database linked to the same is at the sole discretion and risk of the User. Unisheq (Pty) Ltd reserves the right at any time to change or discontinue any aspect or feature of the Website, Mobile Application and the Online Database.

Notwithstanding the effort placed on maintaining the availability and accessibility of the Website, Mobile Application and the Online Database, Unisheq (Pty) Ltd takes no responsibility for, and will not be liable for, the Website, Mobile Application and the Online Database being unavailable or inaccessible.

Unisheq (Pty) Ltd is not responsible for your use of the Website, Mobile Application and the Online Database and you accept that your access to and use thereof shall be at your sole risk and expense.

To the maximum extent permitted by law, in no event shall Unisheq (Pty) Ltd and its directors, officers, employees, contractors, agents, and representatives be liable to you, directly or indirectly, for any consequential, punitive, incidental, or special damages of any kind whatsoever (including but not limited to, loss of your content, loss of business opportunity, profits, revenue or economic advantage) regardless of the theory of liability (whether based in contract, tort (including negligence), strict liability, misrepresentation, compliance of the Website, Mobile Application and the Online Database content with applicable laws, including but not limited to occupational health and safety laws, or under any other theory of liability whatsoever) even if Unisheq (Pty) Ltd has been advised of the possibility of such losses.

The fees to be paid to Unisheq (Pty) Ltd under this agreement do not include any assumption of risk or the possibility of such potential losses. You further acknowledge that (a) the fees charged under this agreement are based upon the disclaimer of warranties and limitation of liability specified herein and (b) such fees would be substantially higher if any of these provisions were unenforceable.

This limitation upon claims and losses shall apply without regard to whether other provisions of this agreement have been breached or have proven ineffective.

You and Unisheq (Pty) Ltd acknowledge and agree that the essential purpose of this section is to allocate the risks under this agreement between you and Unisheq (Pty) Ltd and you and Unisheq (Pty) Ltd have relied on these limitations in determining whether to enter into this agreement.

Special note to user:If you feel the need to cancel your subscription with Unisheq (Pty) Ltd please contact Unisheq (Pty) Ltd support at support@unisheq.com.

Unisheq (Pty) Ltd may terminate this Agreement and your rights under it, without notice to you, at any time and for any reason, including but not limited to your failure to pay the subscription fees when due or any breach of the terms of this Agreement. Should you as the user wish to reactivate your subscription you will be liable for an administration fee equal to the registration fee.

You agree to defend, indemnify and hold Unisheq (Pty) Ltd and its directors, officers, employees, contractors, agents and representatives (the "indemnitees") harmless from and against all claims and losses, of whatever nature, that may be brought against, suffered by or incurred by any one of the indemnitees arising from any claim asserted by a third party alleging or relating to any bodily injury, death of any person or damage to real or tangible personal property caused by your wilful or negligent acts or omissions or the wilful or negligent acts or omissions of your personnel or relating to any failure by you or your personnel to comply with any applicable law or any terms of this agreement.

Unisheq (Pty) Ltd reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification by you.  You agree to provide all assistance as Unisheq (Pty) Ltd may reasonably request in defence of any Claim.

The Website, Mobile Application and the Online Database is made available on an “as-is”, “as available”, “whereas” and “with all faults” basis.

Unisheq (Pty) Ltd expressly disclaims all warranties, express and implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, security, accuracy, quality and non-infringement.

Unisheq (Pty) Ltd does not warrant the Website, Mobile Application and the Online Database is:

• Suitable for or will meet your requirements, OR
• Free of defects, malicious code, viruses or malware.

Unisheq (Pty) Ltd does not warrant that the operation of the Website, Mobile Application and the Online Database will be:

• Free from interruption, OR
• Error-free.

Unisheq (Pty) Ltd does not warrant that the defects in the Website, Mobile Application and the Online Database will be corrected.

Unisheq (Pty) Ltd will not provide the user with any legal advice regarding compliance with data privacy or other relevant laws, rules or regulations in the jurisdictions in which user uses the Website, Mobile Application and the Online Database. The parties acknowledge and agree that not all features, functions and capabilities of the Website, Mobile Application and the Online Database may be used in all jurisdictions and the user recognizes that certain features, functions and capabilities may need to be configured differently or not used in certain jurisdictions in order to comply with applicable local law, and in certain jurisdictions consents may need to be obtained from individuals submitting data via the Website, Mobile Application and the Online Database as to the intended purpose, storage, distribution, access and use of the data submitted (“Local Use Decisions”). Customer is responsible for Local Use Decisions and Unisheq (Pty) Ltd disclaims all liability for Local Use Decisions.

Unisheq (Pty) Ltd Website, Mobile Application and the Online Database may, from time to time, depict further Third-Party Websites which are not owned by Unisheq (Pty) Ltd.

Should the User choose to leave the Unisheq (Pty) Ltd Website and venture to a Website and/or mobile Application which is not owned by Unisheq (Pty) Ltd the User does so at their own risk.

Unisheq (Pty) Ltd is in no way liable for the protection of information collected and stored by any Website depicted on its platform, but which is not owned by Unisheq (Pty) Ltd.

Unisheq (Pty) Ltd is further not liable for any damage which may occur as a result of a person leaving the initial Website and browsing or interacting with a further third-party platform.

Unisheq (Pty) Ltd offers no warranty regarding the protection and you as the user hereby indemnify Unisheq (Pty) Ltd from liable for any damage or disclosure of personal information caused by a third-party Website.

All text, images, photographs, pictures, layout, format, logos, music, coding, designs, front and back end, "look and feel" and expression of the Website and/or Mobile Application are the sole intellectual property of Unisheq (Pty) Ltd.

Any unauthorised use thereof or any attempt to copy or infringe Unisheq (Pty) Ltd rights to same will be unlawful and will be met by the necessary legal proceedings. User's hereby warrant that no attempt will be made to use, copy, replicate, or breach the intellectual property of or attempt to derive any economic gain from the aforementioned intellectual property of Unisheq (Pty) Ltd, without exclusive written consent from Unisheq (Pty) Ltd.

Without limitation to the prohibitions placed on the User by contract or law you expressly agree not to:

Reproduce or use the intellectual property either in print or electronic form in violation of the intellectual property rights of Unisheq (Pty) Ltd and/or its partners, affiliates, owners, subsidiaries, officers, directors, sponsors, advertisers, suppliers, agents or such third parties as applicable.

Commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website, Mobile Application and the Online Databaseintellectual property without prior written approval of Unisheq (Pty) Ltd or in the case of its partners, affiliates, owners, subsidiaries, officers, directors, sponsors, advertisers, suppliers, agents or third party content, the rights holder of such intellectual property.

Claim or convey ownership of any Website, Mobile Application and the Online Database intellectual property either in its entirety or otherwise.

Modify the Website, Mobile Application and the Online Database content for the purposes of reposting to other Websites.

Alter or remove any trademark, copyright or other notice from the Website, Mobile Application and the Online Database content.

Copy, store, or otherwise incorporate the Website, Mobile Application and the Online Database content or intellectual property into any other Website, electronic retrieval system, publication or other work.

Users hereby warrant that they will not, under any circumstances, utilize computer viruses, trojan horses, worms, spyware, adware, ransomware, scareware, and/or any other malicious programs, in order to damage the Website, database or servers, or to gain access to any information stored on the Website or database or servers be it personal information or otherwise for any reason whatsoever.

Furthermore, the User warrants that no attempt will be made to gain access to any information by any unauthorized means such as, but not limited to, hacking, cracking, or password "mining" including but not limited to brute force attacks and DNS attacks. No other illegitimate and unlawful means omitted herein may be used in order to gain unauthorized access to any information stored on the Website, Mobile Application and the Online Database.

The user warrants further that no attempt will be made to bombard the Website, Mobile Application and the Online Database with an unnatural overload of traffic, be it through an external device or otherwise, in an attempt to crash the servers thereof or interfere with the normal running of the Website.

Failure to adhere to the above will result in both criminal and civil proceedings being instituted against the User in question.

Transactions entered into between the user and Unisheq (Pty) Ltd through the Website, Mobile Application and the Online Database will be legally binding.

The User hereby undertakes to- at all relevant times- utilise the Website, Mobile Application and the Online Database in a lawful manner and within the rules as set out herein.

These terms and conditions shall be of force and effect from the date of acceptance and continue throughout the duration of any transaction entered into between the consumer and Unisheq (Pty) Ltd and will continue to be of equal force and effect for any further transaction entered into thereafter.

If any provision of the Website, Mobile Application and the Online Database Terms and Conditions is found to be invalid, unlawful, void or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website, Mobile Application and the Online Database Terms and Conditions, which shall remain in full force and effect.

The Terms and Conditions contained herein are at all relevant times governed by the laws of the Republic of South Africa, unless otherwise specifically stated.

You consent to the jurisdiction of the relevant Magistrates Court and/or High Court of South Africa, at the election of Unisheq (Pty) Ltd, for the adjudication of any legal dispute between Unisheq (Pty) Ltd and You as the User. The Website, Mobile Application and the Online Database Terms and Conditions will be construed and interpreted in accordance with the laws of the Republic of South Africa.

Should you still have any uncertainty with regard to the above or should you have any further questions relating to Unisheq (Pty) Ltd Terms and Conditions and Privacy Policy, you are welcome to contact Unisheq (Pty) Ltd via email at info@unisheq.com.