SAFETYWALLET TERMS AND CONDITIONS
Last Revision: June 21, 2021
SafetyWallet (hereinafter "Service") is an innovative online solution that empowers you with detailed Health and Safety Services and Products.
The Service is located at https://www.safetywallet.co.za/ (hereinafter "Service Website") and is operated by SafetyWallet (Pty) Ltd (hereinafter "SafetyWallet", "we" or "us").
For the purposes of these Terms of Service (hereinafter "Terms") "you" and "your" shall mean an individual or a legal entity that is eligible to be bound by these Terms.
2. Legal Agreement
SafetyWallet provides its services to users subject to these Terms. Please read these Terms carefully. By completing the registration process on the Service Website and/or upgrading to one of the subscriptions offered therein, you are stating that you are eligible for a user account.
By accepting these Terms or by using the Service, you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you should leave the Service Website and discontinue using the Service immediately.
If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and SafetyWallet for any violations of these Terms.
SafetyWallet reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the SafetyWallet website located at https://www.safetywallet.co.za/. You agree to be bound to any changes of these Terms when you use the Service after any such modification is posted. It is therefore important that you review these Terms each time you make a purchase in the Service in order to understand the terms and conditions that apply to your use of the Service.
To start using the Service you need to register on the SafetyWallet Website providing your email address, name and basic information. The provided email address is used to create your Service account and let you sign in to the SafetyWallet Dashboard.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted and will not be considered as legal use of the Service. The Service is available only to Users who are of a minimum age of 18.
When registering, you agree to provide accurate and current information about yourself as may be prompted by the registration form on the Service Website, maintain the security of your password and accept all risks of unauthorized access to your password. You agree that you shall be solely responsible to SafetyWallet for all activities that occur under your account.
4. Grant of Right to Use
Subject to these Terms, SafetyWallet grants you a limited, revocable, non-exclusive right to use the Service solely as provided in your Subscription. The scope permitted is the use of the SafetyShop, OHS Online, eLearning, Health and Safety audits, Health and Safety Support, etc on your subscription. You may only use the Safety Shop with registration, while the use of OHS Online, eLearning (free of charge), discounts and rewards becomes available to you as a subscriber to SafetyWallet, provided you have paid and continue to pay the subscription fees, if applicable.
We hereby acknowledge, without limitation of the above said, your right and ownership to the data contained in the Service reports. During the subscription period SafetyWallet shall grant you the right to:
- Reproduce, copy, modify, adapt, translate and otherwise create derivative works of the Service reports.
- Transmit and/or publish the Service reports.
- Remove or place your own logos or brands on the Service reports, if applicable.
- The granted right shall terminate immediately when you fail to comply with these Terms.
The content of this website belongs to SafetyWallet and OHS Online (Pty) Ltd and may not be copied, reproduced, or redistributed in any way.
The offering on SafetyWallet services is available to South African clients only.
5. Terms of Payment and Refunds
The Service is provided to registered users based on a selected subscription plan. When users upgrade from a free Registration plan to a Subscription plan, they agree to pay all applicable fees, including one-time or recurring fees incurred in connection with the Safety Shop and /or subscription account at the prices effective at the time a subscription is bought.
Products and Services contained in My Safety Shop, indicating a specific number of employees, are aimed at the correlating Subscription type (EssentialsPlan, StandardGaurd, ProShield, EliteSafe, EnterpriseSecure, ExpertGuidance) and must be ordered by the subscriber in line with their number of employees as per their subscription, versus the said products and services on My Safety Shop.
All subscriptions are billed in the Billing section (My account) of the Service Website where a registered user provides personal and debit order details. All transactions are processed via a Secured Socket Layer connection with 256-bit encryption, providing you with the highest level of security. SafetyWallet shall charge a user's banking details in accordance with the following rules:
- When users upgrade from a free Registration plan to any paid subscriptions, an invoice shall be issued for an EFT to be made or their bank account details will be loaded on SafetyWallet’s debit order facility (Multi data) and will be charged automatically on the 25th of each month.
- Cancellation of a subscription will go into effect immediately.
- If payment for any purchases made on the Safety Shop and or monthly subscription is in arears for another billing period and/or to pay the Safety Shop during the preceding month, SafetyWallet shall establish a grace period of 14 (fourteen) days to give its users time to provide proof of payment on their account.
- SafetyWallet shall continue attempting to renew a subscription to the subscription until the end of the 14-day grace period. If during the 14-day grace period a due invoice was not paid, SafetyWallet shall suspend the user’s subscription. All work of such user shall become inactive with a Read Only access to tools and features on the SafetyWallet Dashboard and OHS Online. The suspension shall not delete any work or history.
- All charges to your account are reflected in the Service invoices that can be found in the Billing history (My Account) section of the SafetyWallet Dashboard.
6. Account Deletion
Your account and subscription of the Service remains in effect unless you cancel it or unless SafetyWallet terminates your account as provided by these Terms. You may cancel your account by contacting our customer support team at firstname.lastname@example.org.
To the extent permitted under South African laws, SafetyWallet and its affiliates, members, officers, employees, agents, partners and licensors expressly disclaim any warranty and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. SafetyWallet and its affiliates, members, officers, employees, agents, partners and licensors do not guarantee and do not promise (a) any specific results from the use of the services; (b) that the services will meet your requirements; (c) that the services will be available on an uninterrupted, timely, secure, or error-free basis; or (d) the results that may be obtained from the use of the services will be accurate or reliable. SafetyWallet and its affiliates, members, officers, employees, agents, partners and licensors do not assume any obligation to monitor activities on the service.
9. Limitation on liability
To the extent permitted under South African laws, SafetyWallet and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you, or any third party, for any indirect, consequential, exemplary, incidental, special or punitive damages (including, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information handling system) arising from your use of the service, even if SafetyWallet and its affiliates, members, officers, employees, agents, partners and licensors have been advised of the possibility of such damages. You acknowledge that the economic terms of our agreement reflect the foregoing allocation of risk and such allocation of risk is a significant inducement for SafetyWallet to provide the service. Notwithstanding anything to the contrary contained herein, SafetyWallet and its affiliates, members, officers, employees, agents, partners and licensors' aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to Fifty Thousand Rand (R50’000.00). You acknowledge that if no subscription and/or fees are paid to SafetyWallet and its affiliates, members, officers, employees, agents, partners and licensors for the services, you shall be limited to injunctive relief only, unless otherwise permitted by South African law, and you shall not be entitled to damages of any kind from SafetyWallet and its affiliates, members, officers, employees, agents, partners and licensors, regardless of the cause of action.
The Service users may terminate these Terms at any time by sending a notice to SafetyWallet.
SafetyWallet may terminate these Terms if SafetyWallet finds that a user has repeatedly violated these Terms. The termination shall be effective immediately or as may be specified in the notice.
Upon notification of termination by either party, a user must cease using the Service.
These Terms shall be governed by and construed in accordance with the laws of South Africa without regard to conflict of laws principles. Any action relating to these Terms must be brought in the Magistrate Court of South Africa and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum.
The Terms constitute the entire agreement between you and SafetyWallet and govern your use of the Service, superseding any prior agreements between you and SafetyWallet. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
By using the Service, you agree to receive occasional emails from SafetyWallet. These emails shall include notices about your account and information concerning or related to the Service. These emails shall be a part of your relationship with SafetyWallet. You agree that any notice, agreements, disclosure or other communications that SafetyWallet sends to you electronically shall satisfy any legal communication requirements.
You may not assign these Terms to anyone, and any assignment of these Terms by you will be null and void.
The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect.
If you have any questions or comments about these Terms, please contact us at email@example.com
12. Company information
The SafetyWallet and OHS Online website and cloud software is run by SafetyWallet (Pty) Ltd Company Registration Number 2020/615137/07
Company Physical Address: 71 Second Avenue, Alberton North, Alberton, Gauteng, 1450
Email: firstname.lastname@example.org or email@example.com
Telephone: 010 9800 888