Soteria Health and Safety
Terms of Service
By accessing or using www.soteriaohs.co.za or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Soteria International (Pty) Ltd. (reg: 2017/494679/07) (“Soteria”), a private limited liability company registered and operating in accordance with the laws of South Africa, or use any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Soteria.
Please see Soteria’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please pay specific attention to the BOLD paragraphs of the Soteria Terms. These paragraphs limit the risk or liability of Soteria, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Soteria or is an acknowledgement of any fact by you.
Please read these terms carefully before accessing or using the Website and/or Services. Soteria will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
It is important to note the following:
- The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or Soteria Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Soteria or its possession.
- Not all terms are necessarily defined in order.
- These terms were last updated on 22 January 2020.
- Should you want to become a registered Vendor on the Website and offer your private services to other users, please see the for more information, follow the prescribed prompts on the Website, and be aware that you will need to conclude and be subject to the additional Vendor’s Agreement with Soteria.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. Soteria provides an online software platform which, amongst other services, allows users to register as an independent contractor and service vendor (“Vendor”) and provide their independent services (“Vendor Services”) to other users who register as vendor service users, who can either be private home-owners or home-renters with a single or multiple properties or property management companies responsible for the management of various properties in their portfolio (“Vendor Service User/s”). Vendors can also have their qualifications and compliance captured and independently confirmed by Soteria, allowing Vendors to proudly advertise and build their compliance with applicable laws. Any Vendor Services provided are done privately between the relevant users, where the Website provides information about available Vendors and Vendor Services which users can utilise to make their choice when searching for an appropriate Vendor and transacting with them (collectively, “the Soteria Services”).
1.2. Depending on the exact Soteria Services used on the Website, users may need to pay a fee to Soteria, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee. Should a Vendor Service User make use of Vendor Services, the relevant Vendor Service User will pay a fee to the providing Vendor. The fees due to a Vendor and/or to Soteria are distinct from each other and unrelated.
1.3. These Terms explain the conditions applicable to all users, Vendors and Vendor Service Users using the Website and/or the Soteria Services. Registered Vendors will also need to complete the Vendor Agreement when making their Vendor Services available on the Website.
1.4. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Soteria uploading the amended Terms to the Website. Your continued access or use of the Website and/or Soteria Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.5. Supplemental terms may apply to certain Soteria Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Soteria Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Soteria Services.
1.6. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES
2.1. SOTERIA PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER NOR EMPLOYMENT OR OTHER ADVISER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE SOTERIA SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH SOTERIA HOLDS NO RESPONSIBILITY.
2.2. The Website acts solely as an online directory, online tool provider and information service intended to facilitate the matching of users in order for them to privately form a professional service relationship. As such, Soteria does not have an employment, intermediary, agent nor broker relationship with any Vendor or Vendor Service User. Your use of the Website or the Soteria Services, as well of any Vendor Services, is entirely at your own risk.
2.3. If a Vendor is engaged by a Vendor Service User in a formal relationship subsequent to their use of the Website and Soteria Services, these parties do so entirely at their own risk and via private arrangement, where Soteria is in no way connected at all.
2.4. Although Soteria carefully curates Vendor and/or Vendor Service User Profiles prior to being placed on the Website, Soteria is not responsible for the quality or standard of any information advertised or displayed on any Profile, about any Vendor, and/or derived from any tool used on the Website.
2.5. Users understand that they or other users may be from jurisdictions which may require regulation of the information and/or actions provided by Vendors and/or users via the Website. Soteria does not in any way verify nor confirm the adherence by same Vendors and/or users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the Vendor Services or information from any such regulated user.
3. USER REGISTRATION PROCESS
3.1. In order to become a user of the Soteria Services, and register as a Vendor or Vendor Service User on the Website and make use of the Soteria Services and/or Vendor Services, you must complete the necessary registration process detailed on the Website and acquire a “Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. Soteria requires you to submit your full name, e-mail address, South African ID number and/or foreign passport and work permit number and phone number when registering a Profile. Vendors may then setup additional features of their Profile, including adding their Vendor Service offerings, B-BBEE status, OHSA compliance numbers, fields of expertise, or other career or skills information, which setup may require further information to be submitted, as prompted by the Website.
3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by requesting your Profile username and password in order to grant access to your Profile and data. To view or change your personal information provided, you can make such changes to your Profile using the provided tools on your Profile and on the Website.
3.4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity and/or another private individual. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
3.5. By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to Soteria using this information to facilitate a connection between you and another user.
4. THE SOTERIA SERVICES
4.1. Users must register a Profile using the relevant tools on the Website, to access the Soteria Services and the subsequent Vendor Services.
4.2. Once registered, the user is allocated a unique Profile and associated user ID which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.
4.3. In addition to registering a Profile on the Website, Vendors must successfully complete the Vendor Agreement with Soteria, prior to having their Profile made available on the Website. Mere application as a Vendor with Soteria does not guarantee that the Vendor will indeed have their Vendor Services made available on the Website. Same will be contingent on various factors, including the successful completion of the Vendor Agreement.
Soteria Services for Vendors:
4.4. As part of the Soteria Services, Vendors can expect to utilise some of the following features which Soteria makes available to them:
4.4.1. upload information related to their services, including their service descriptions, service territory, qualifications and registrations;
4.4.2. have a selection of their most important uploaded credentials and registrations confirmed as correct with relevant government or authorised regulator authorities, such as a vendor’s:
18.104.22.168. FICA information;
22.214.171.124. banking details;
126.96.36.199. tax information;
188.8.131.52. VAT information;
184.108.40.206. property association (preferred vendor list);
220.127.116.11. trade information;
18.104.22.168. COIDA information;
22.214.171.124. accreditation and affiliation information;
126.96.36.199. staff information (title, name, surname, position held, ID number, copy of ID, copy of driver’s licence, copy of medical certificate of fitness);
188.8.131.52. public liability insurance; and
184.108.40.206. OHS information (tools, equipment, risk factors).
4.4.3. be sent notifications from Soteria when their registered qualifications are expiring, and assist with their renewal;
4.4.4. search and reply to job cards posted by Vendor Service Users on the Website; and
4.4.5. link with industry practitioners who can provide their required services to Vendors, such as with medical practitioners to obtain medical checks.
Soteria Services for Vendor Service Users:
4.6. Similarly, as part of the Soteria Services, Vendor Service Users can expect to utilise some of the following features which Soteria makes available to them:
4.6.1. list job cards detailing the exact services they require for their property/properties;
4.6.2. search for and source suitably qualified, compliant and registered Vendors who can provide them with their exact desired services;
4.6.3. a property management entity or entity who manages various properties is able to list their full list of properties and each property’s details and then receive monthly reminders when aspects of their properties’ compliance are due to expire;
4.6.4. use the Website’s information about a Vendor to choose which Vendor is best for them; and
4.6.5. obtain access to Vendor contact details to contact them privately once a job-card has been selected by the user.
4.8. For further information on the current Soteria Services available generally or applicable to you, please contact firstname.lastname@example.org who will gladly assist.
5. PAYMENT OF FEES TO SOTERIA AND VENDORS
5.1. Fees owed between users for Vendor Services used:
5.1.1. As part of the Soteria Services, Vendors can make their own private Vendor Services available to other users, where, unless agreed to otherwise, Vendor Service Users will need to pay a fee to the Vendor in consideration for the use of the Vendor Services (“Vendor Fee/s”).
5.1.2. A Vendor Fee for Vendor Services rendered by a Vendor to a Vendor Service User is distinct from any fee owed to Soteria for the provision of the Soteria Services.
5.1.3. The Vendor and Vendor Service User will need to communicate with each other privately relating to any applicable quote, invoice, contract or terms applicable to the Vendor Services used and the payment therefor.
5.1.4. All Vendor Fees are paid between users privately and through their own agreed methods, for which Soteria holds no responsibility at all. Soteria is in no way involved in the private transaction between these users, and as such, the Vendor is considered the seller of the Vendor Services, and the Vendor Service User is considered the buyer, which parties have their own legal obligations as per their specific role in their private transaction.
5.2. Fees owed to Soteria:
5.2.1. Many of the Soteria Services are free to use on the Website, but the use of some of the Soteria Services requires the payment of a fee to Soteria as direct consideration for providing its platform and/or the Soteria Services to the following parties:
5.2.2. Soteria Fee to be paid by Vendors:
220.127.116.11. In order for a Vendor to be included on the Website, use the Soteria Services in full and register its Profile, it must pay Soteria an upfront and once-off fee of R295 (two hundred and ninety-five Rand) excluding Value Added Tax, upon registration of its Profile.
18.104.22.168. Compliant Vendors are listed on the Website in a random order, so as to not prefer any Vendor over another. However, should the Vendor wish to have their Vendor Services listed amongst the first available listings, the Vendor can do so by paying Soteria a monthly fee as prescribed on the Pricing Page, as it is amended from time to time, on the platform via the payment gateway on the Platform, in advance.
5.2.3. Soteria Fee to be paid by property management Vendor Service Users:
22.214.171.124. If a Vendor Service User is a property management company or other entity with various properties within its scope of responsibility, and which properties same user would like to upload to the Website, the property management Vendor Service User will not pay any fee to Soteria for the first 12 (twelve) months of its inclusion on the Website, but thereafter, will pay to Soteria a monthly fee as prescribed on the Pricing Page.
5.2.4. Soteria Fee to be paid by a private home-owner/renter Vendor Service Users:
126.96.36.199. In order for a home-owner Vendor Service User to be included on the Website, use the Soteria Services in full, register its Profile, and have the ability to post 3 (three) job cards at any time, it must pay Soteria an upfront-fee of R99 (ninety-nine Rand) excluding Value Added Tax, upon registration of its Profile.
5.3. The payment of any fee to Soteria must be made by the relevant Vendor and/or Vendor Service User to Soteria by using Soteria’s authorised payment gateway, PayFast (Pty) Ltd. (“PayFast”), devoid of any set-off nor deduction.
5.3.1. Please be aware that when using PayFast’s services, you may be required to setup an account with them, and you will be subject to their own distinct terms and conditions.
5.4. Soteria will invoice the relevant user every time such a Soteria fee is charged by Soteria to them, where same invoice will be sent to that relevant user’s provided email address as detailed in their Profile.
5.5. To terminate your use of the Soteria Services or the Website, please see clause 16 below.
5.6. Soteria may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Soteria Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Soteria Services or the fees applied to you.
5.7. All amounts stated shall attract Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with Soteria.
5.8. Soteria reserves the right to establish, remove and/or revise any fees for any or all services obtained through the use of the Soteria Services at any time in Soteria’s sole discretion. Soteria will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees properly incurred under your Profile.
5.9. You may contact Soteria via email at email@example.com to obtain a full record of your statement with Soteria.
6. USER RESPONSIBILITIES AND WARRANTIES
6.1. By using the Website and/or the Soteria Services, you warrant that:
6.1.1. you have read and agreed to these Terms and will use the Website in accordance with them;
6.1.2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
6.1.3. you understand and agree that Soteria is in no way involved in the provision of Vendor Services between users, where same is concluded and regulated privately between Vendors and Vendor Service Users;
6.1.4. your use of the Soteria Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per requisite permission you may need to acquire from the owner of any property which you are renting, and/or any applicable country’s legislation to which you are required to adhere to, and indemnify Soteria from any liability accrued by virtue of your use of the Website and/or Soteria Services and/or actions perpetrated thereon;
6.1.5. you will timeously pay any due fees to either or both Soteria and/or the Vendor when required to do so under these Terms;
6.1.6. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Soteria Services;
6.1.7. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in Soteria’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
6.1.8. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
6.1.9. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Soteria is not liable at all for such payment of any such tax, duty or VAT on your behalf;
6.1.10. you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
6.1.11. you will not use the Website platform for any commercial purpose other than as expressly provided for by Soteria and the Terms;
6.1.12. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
6.1.13. you will not facilitate or assist any third party to do any of the above.
6.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
6.3. Without prejudice to any of Soteria’s other rights (whether at law or otherwise), Soteria reserves the right to deny you access to the Website or the Soteria Services where Soteria believes (in its reasonable discretion) that you are in breach of any of these Terms.
6.4. Soteria does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
7. RECEIPT AND TRANSMISSION OF DATA MESSAGES
7.1. Data messages, including e-mail messages, sent by you to Soteria will be considered to be received only when acknowledged or responded to.
7.2. Data messages sent by Soteria to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
7.3. Soteria reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
7.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Soteria is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Soteria and a user, or between users.
8. HYPERLINKS, DEEP LINKS, FRAMING
8.1. The Website may include links to other internet sites ("the other sites"). Soteria does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
8.2. Soteria does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to firstname.lastname@example.org to request the removal of such content.
8.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.
9. ADVERTISING AND SPONSORSHIP
9.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
9.2. Soteria, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
10. INTELLECTUAL PROPERTY PROTECTION
10.1. All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Soteria in use of the Soteria Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Soteria, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
10.2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Soteria first being granted, which consent may be refused at the discretion of Soteria. No modification of any intellectual property or editorial content or graphics is permitted.
10.3. Soteria reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
10.4. Where any of the Website intellectual property has been licensed to Soteria or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Soteria Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
10.5. Subject to adherence to the Terms, Soteria grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Soteria.
10.6. Any enquiries regarding any of the above relating to intellectual property must be directed to Soteria at email@example.com.
10.7. Should the user provide Soteria and/or the Website with any of its own intellectual property or that of a third party, the user warrants that they have the requisite legal right to do so, including the acquisition of any moral rights of any intellectual property creator.
11. PRIVACY AND PERSONAL INFORMATION POLICY
Personal information collected from you:
11.2. Should you decide to register with or function as a user on the Website and/or use any Soteria Services, you hereby expressly consent to, and opt-in to Soteria collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):
11.2.1. Information provided by the user. Soteria collects personal information - that is information about the user that is personally identifiable such as the user’s name, address, age, gender, physical address, email address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting/payment gateway account information, service preferences and contact preferences that are not otherwise publicly available; and
11.2.2. Information that is collected automatically. Soteria receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 11.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
11.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Soteria is however under no obligation to ensure that your personal information or other information supplied by you is correct.
11.4. You warrant that the personal information disclosed to Soteria is directly from you as the user on the Website or in connection to the services, and all such personal information is lawfully yours to provide.
11.5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
How we use your personal information:
11.6. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or the Soteria Services, and you have consented to this, but we will not, without your express additional consent:
11.6.1. use your personal information for any purpose other than as set out below:
188.8.131.52. in relation to the provision to you of the Soteria Services and/or access to the Website;
184.108.40.206. to contact you regarding current or new services or any other product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
220.127.116.11. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and
18.104.22.168. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
11.6.2. disclose your personal information to any third party other than as set out below:
22.214.171.124. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Soteria Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
126.96.36.199. to other users who are using the Soteria Services and who need your information in order to use the Soteria Services or Vendor Services themselves;
188.8.131.52. to Vendors and/or Vendor Service Users who need your personal information in order to contact you to render Vendor Services;
184.108.40.206. once you have accepted the relevant service as prompted by the Website, to send your relevant compliance information to third-party verifiers and authenticators to confirm the legitimacy and/or validity of any such information you have provided, including but not limited to COIDA, FEM and PSG information;
220.127.116.11. to our divisions and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
18.104.22.168. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
22.214.171.124. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
11.7. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Soteria is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
How we process your personal information:
11.8. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Soteria’s in relation to your personal information.
11.9. We will:
11.9.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
11.9.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
11.9.3. provide you with reasonable access to your personal information to view and/or update personal details;
11.9.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
11.9.5. provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
11.9.6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Soteria Service functionality might be lost if certain personal information is amended or destroyed).
11.10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with Soteria. As such, we may retain your personal data in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
11.11. Soteria undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
11.12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.
Your rights in relation to your personal information processed by us:
11.15. The user is entitled to request access to any relevant personal data held by Soteria and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with Soteria.
11.16. Users with citizenships from jurisdictions other than of South Africa, please note that Soteria complies with all South African data protection laws when processing your personal information pursuant to the Soteria Services, namely the Protection of Personal Information Act, 2013. Should foreign law be applicable in any regard to your use of the Soteria Services and/or the Website in any way, including how we may process your personal information, please contact Soteria at firstname.lastname@example.org to gladly engage you on its application and your rights.
11.17. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not Soteria.
11.18. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
11.19. By accepting these Terms, you have opted-in to receive emails from Soteria, where your email address will be used to contact you from time to time and same may also be used for security reasons to confirm your identity.
11.20. Soteria agrees not to use the users’ provided email address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
11.21. You have the right to opt-out of receiving email or marketing communications by activating the “Unsubscribe” link at the bottom of the email.
11.22. Soteria reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, Soteria will notify you beforehand.
11.23. Circumstances may arise where, whether for strategic or other business reasons, Soteria decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Soteria’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these Privacy terms.
11.24. Soteria strives to keep the user’s personal information accurately recorded. Soteria provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact email@example.com to engage Soteria on such actions or requests.
11.26. The user is entitled to request access to any relevant personal data held by Soteria and where such access is necessary for you to exercise and/or protect any of the user’s rights.
11.27. Users may request Soteria to review the personal information which it holds and may request for Soteria to delete such information. The deletion of any information may result in certain Website services being unavailable.
12. DISCLAIMERS AND WARRANTIES
12.1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". Soteria makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
12.2. All information or opinions of users made available on the Website in relation to any of the Soteria Services or Vendor Services are those of the authors and not Soteria. While Soteria makes every reasonable effort to present such information accurately and reliably on the Website, Soteria does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user.
12.3. Soteria, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom.
12.4. Soteria, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Soteria Services, and access to, or use of any Vendor Services and/or the Website in any manner.
12.5. Users from locations outside of South Africa, please note that Soteria complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Soteria from any liability it may acquire by virtue of its supply of the Website and/or Soteria Services.
12.6. Soteria takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Soteria does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
13.1. The user indemnifies and holds harmless Soteria, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website, Soteria Services and/or Vendor Services offered or concluded through the Website in any way.
13.2. The user agrees to indemnify, defend and hold Soteria harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website, Soteria Services and/or Vendor Services and for breach of these Terms.
13.3. This clause will survive termination of this agreement.
14. COMPANY INFORMATION
14.1. Site/Domain owner: Andre Ackerman
14.2. Company type: (Pty) Ltd
14.3. Registration Number: 2017 / 494679 / 07
14.4. Director: Andre Ackerman
14.5. Description of main business: Software and online marketplace provider
14.6. Telephone number: +27 87 238 1906
14.7. E-mail address: firstname.lastname@example.org
14.8. Website address: www.soteriaohs.co.za
14.9. Physical address: 31 4th Avenue, Melkbosstrand, Cape Town, 7441
14.10. Postal address: Same as residential address.
14.11. Registered address: Same as residential address.
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
Disputes between users and Soteria:
15.2. Should any dispute, disagreement or claim (“dispute”) arise between the parties concerning the provision of the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
15.3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, then they shall use the services and assistance of any applicable regulator and/or ombud, or finally, by confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”), with an arbitrator selected by Soteria.
15.4. Arbitration proceedings shall be conducted in Cape Town, in English.
15.5. Both parties shall bear the costs for any applicable dispute resolutions processes equally.
15.6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
15.7. Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable legislation.
Disputes between users:
15.8. Should a dispute arise between users and their private transaction relating to the Vendor Services, said dispute is between those users exclusively, where Soteria is not responsible for fulfilling any function in any way or in any role.
15.9. The users agree that they shall handle their private dispute between them in the manner in which they mutually deem suitable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
15.10. Notwithstanding the above, the parties in a private dispute must inform Soteria of the dispute in order for Soteria to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.
16. TERMINATION OF USE OF WEBSITE OR SERVICES
16.1. IN ADDITION TO THE RIGHTS ABOVE, SOTERIA RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE SOTERIA SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT SOTERIA GIVES REASONABLE NOTICE TO YOU.
16.2. If you wish to terminate the agreement with Soteria, or end your use of the Soteria Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
16.3. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Soteria Services shall survive the termination of these Terms for all purposes, including the payment of any fee which was due and payable before termination.
16.4. In the event of cancellation of your agreement with the Terms and with Soteria, Soteria will remove you from the Website and delete your Profile.
17. NOTICES AND SERVICE ADDRESS
17.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
17.1.1. in the case of Soteria, at email@example.com; or
17.1.2. in the case of the user, at the e-mail and addresses provided by the user to Soteria in the Profile registration process.
17.2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
18.2. No indulgence, leniency or extension of time granted by Soteria shall constitute a waiver of any of Soteria’s rights under these Terms and, accordingly, Soteria shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
18.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
18.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
18.5. The user’s access and/or use of the Website and/or the Soteria Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
18.6. Should you have any complaints or queries, kindly address an e-mail to firstname.lastname@example.org advising Soteria of same.
18.7. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Soteria in relation to the payment failure or breach and the rectification of same.
18.8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
18.9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8.