Terms of Use

These Terms of Use ("Terms") form a binding agreement between SitePass (PTY) Ltd ("SitePass", "we", "us" or "our") and the person or organisation accessing or using the SitePass platform ("you" or "your"). By creating an account, accessing the Platform, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Platform.

1. About these Terms

SitePass (PTY) Ltd is a private company registered in the Republic of South Africa with its registered address at 103 Dunkley House, 32 Barnet Street, Gardens, Cape Town, 8001. The Platform is accessible at sitepass.co.za. The supplier information required by section 43 of the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA"), is set out in section 28 of these Terms.

2. Definitions

• Account — a SitePass workspace registered to an organisation.
• Account Holder — the organisation in whose name an Account is registered.
• Authorised User — any individual the Account Holder permits to access its Account.
• Customer Data — any data, documents, content or personal information you or your Authorised Users upload to or generate on the Platform.
• Platform — the SitePass software, including the Vault, employee and equipment registers, project workspace, safety file generator, AI Copilot and related features.
• Services — the Platform and any services we provide under these Terms.
• Sub-processor — a third party we engage to process Customer Data on our behalf.
• Subscription — a paid plan to access the Platform.
• Vault — the document repository for compliance records inside the Platform.

3. Eligibility & Accounts

• You must be at least 18 years old and have legal capacity to contract.
• You must provide accurate and complete registration details and keep them up to date.
• Each login may be used by only one person. Sharing credentials is prohibited.
• You are responsible for keeping your password confidential and for all activity under your login.
• You must notify us immediately at privacy@sitepass.co.za if you suspect any unauthorised access to your Account.

4. Account Roles & Authority

The Account Holder binds its organisation through these Terms. Authorised Users act on behalf of the Account Holder and you warrant that they have authority to do so. Consultants, principal contractors, clients or other third parties whom you grant access via a share link, safety file export, service request or invite access the relevant Customer Data under your authority and instruction. You are responsible for managing those permissions.

5. The Services

The Platform helps contractors and safety consultants manage compliance, including:

• A central Vault for company, employee, equipment and project documents
• Expiry tracking, alerts and dashboards
• Safety file generation and sharing
• Risk assessments, method statements and toolbox talks (including AI-assisted generation)
• AI Copilot, document intake and Q&A features
• Service requests between contractors and consultants

We may add, modify or remove features at any time. We will not materially reduce the core functionality of a paid plan during a paid period without notice.

6. Plans, Fees & Billing

• Subscription tiers and recurring fees are described on our pricing page at sitepass.co.za/pricing.
• Fees are quoted in South African Rand (ZAR) and are exclusive of VAT unless stated otherwise. VAT is added where applicable.
• Subscriptions renew automatically for successive periods at the then-current fees, unless cancelled before the renewal date.
• We may change Subscription fees on at least 30 days' written notice. Changes take effect at the start of your next renewal period.
• Invoices are payable in advance. Failure to pay may result in suspension or termination of your Account.
• "Done-For-You" engagements are governed by a separate written order or statement of work, which prevails over these Terms to the extent of any conflict on commercial matters.

7. Free Trials & Cancellation

We may offer free trials. Trials convert to a paid Subscription on the date stated, unless you cancel beforehand. You may cancel a Subscription at any time from your Account settings; cancellation takes effect at the end of the current paid period and we do not provide pro-rata refunds save where required by South African law.

8. Cooling-off Right (ECTA s. 44)

If you are a natural person concluding this agreement as a "consumer" by means of an electronic transaction, you may have a statutory cooling-off right under section 44 of ECTA to cancel within 7 days. This right does not apply to services that have begun being supplied with your express consent before the end of the cooling-off period. By using the Services immediately after registering, you consent to the supply commencing and acknowledge that the cooling-off right may fall away.

9. Acceptable Use

You must not, and must not allow anyone else to:

• Use the Platform for any unlawful, fraudulent or harmful purpose
• Upload malware, viruses or harmful code
• Scrape, crawl or harvest data from the Platform, except as expressly permitted
• Reverse engineer, decompile or attempt to derive source code, except to the extent permitted by law
• Resell, sublicense or commercially exploit the Platform outside the scope of your Subscription
• Bypass or attempt to bypass authentication, rate limits or other security measures
• Upload content that infringes the intellectual property, privacy or other rights of any person
• Harass, threaten or defame any person using the Platform
• Use the Platform in a manner that breaches the Occupational Health & Safety Act, 85 of 1993, the Construction Regulations, 2014, or any other applicable law

10. Customer Data & Your Warranties

You retain ownership of your Customer Data. You warrant that:

• You have all rights, consents and authority necessary to upload Customer Data to the Platform and to permit us to process it as contemplated in these Terms;
• Where Customer Data contains personal information (including employee ID numbers, medical certificates and training records), you are the Responsible Party under POPIA and have a lawful basis for processing it and for sharing it with consultants, principal contractors, clients and other recipients you designate;
• Your Customer Data does not infringe any third-party right or breach any law; and
• You are responsible for the accuracy, quality and legality of your Customer Data and for the conduct of your Authorised Users.

11. Our Licence to Your Customer Data

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display, back up and create derivative works of Customer Data solely to:

• Provide, maintain and improve the Services;
• Provide support and respond to your requests;
• Enforce these Terms and comply with our legal obligations; and
• Generate aggregated and de-identified statistics that do not identify you or any natural person.

12. AI Features & Outputs

The Platform includes AI-assisted features (including the Copilot, document intake, risk assessment, method statement and toolbox talk generators) that send prompts and selected Customer Data to third-party large language model providers. You acknowledge that:

• AI outputs are generated automatically, may be inaccurate, incomplete or out of date, and may produce the same or similar output for different users;
• AI outputs are not legal, engineering or occupational health and safety advice;
• You must have AI outputs reviewed by a competent person before publishing, signing or relying on them on site, and you remain solely responsible for any safety file, risk assessment, method statement, toolbox talk or other document you publish; and
• SitePass makes no warranty about the accuracy, completeness, currency or fitness for purpose of any AI output.

13. Intellectual Property

The Platform, its software, design, branding, templates, documentation and all related intellectual property are and remain the property of SitePass and its licensors. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for your internal business purposes during your Subscription. We may use feedback and suggestions you provide without restriction or obligation to you.

14. Third-Party Services

The Platform relies on third-party services (including cloud hosting, email delivery, analytics and AI model providers) and may integrate with services you choose to connect. Those services are governed by their own terms and privacy policies. We are not responsible for the acts, omissions or outages of third parties.

15. Service Levels & Availability

We use reasonable endeavours to keep the Platform available, but do not guarantee uninterrupted or error-free operation. We may perform scheduled or emergency maintenance and may modify or withdraw features. No uptime service level applies unless we expressly agree one in a separate written order form.

16. Suspension & Termination

• You may cancel your Subscription at any time as described in section 7.
• We may suspend or terminate your access immediately on written notice if you materially breach these Terms, fail to pay fees when due, use the Platform in a way that creates risk for us or other users, or if we are required to do so by law.
• On termination, your right to access the Platform ends. We will give you a reasonable period (typically 30 days) to export your Customer Data, after which it will be deleted or de-identified in line with our Privacy Policy and any legal retention obligations.
• Sections of these Terms that by their nature should survive (including IP, indemnity, limitation of liability, confidentiality, and disputes) survive termination.

17. Privacy & POPIA

Our Privacy Policy forms part of these Terms and explains how we process personal information for which we are the Responsible Party. To the extent that we process personal information contained in Customer Data on your behalf, you are the Responsible Party and we are the Operator in terms of sections 20 and 21 of the Protection of Personal Information Act, 4 of 2013 ("POPIA"). In that capacity we will:

• Process Customer Data only with your knowledge or authorisation and only as required to provide the Services;
• Treat Customer Data as confidential;
• Implement and maintain the security safeguards described in our Privacy Policy; and
• Notify you as soon as reasonably possible of any actual or reasonably suspected security compromise affecting Customer Data.

18. Confidentiality

Each party must keep the other party's confidential information confidential and use it only for the purpose of performing under these Terms. This obligation does not apply to information that is or becomes public other than through breach, was lawfully known before disclosure, is independently developed, or must be disclosed by law. This clause survives termination.

19. Warranties & Disclaimers

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis. We make no warranties (express or implied) other than those expressly set out in these Terms, including no warranty that the Platform will be uninterrupted, error-free, free of harmful components, or that it will meet your specific requirements. Nothing in these Terms excludes or limits any consumer right under the Consumer Protection Act, 68 of 2008 ("CPA"), where the CPA applies to you.

20. Indemnity

You indemnify SitePass and its directors, employees and operators against all third-party claims, losses, damages, costs and expenses (including reasonable legal fees) arising from or relating to your Customer Data, your breach of these Terms, your unlawful use of the Platform, or your failure to comply with applicable law.

21. Limitation of Liability

To the maximum extent permitted by law:

• Neither party is liable to the other for any indirect, incidental, special, consequential, punitive or exemplary damages, loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, or pure economic loss, even if advised of the possibility of those damages;
• Our aggregate liability arising out of or in connection with these Terms or the Services is limited to the fees actually paid by you to us in the 12 months immediately preceding the event giving rise to the claim; and
• Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under South African law, including under section 51 of the CPA where it applies.

22. Safety Disclaimer

SitePass is a compliance management tool. It does not replace a competent SHE practitioner, statutory appointments, site inspections, training, or the legal duties of employers, mandataries, self-employed persons and principal contractors under the Occupational Health & Safety Act, the Construction Regulations, the Mine Health & Safety Act and related legislation. You remain responsible for health, safety and compliance on your sites.

23. Force Majeure

Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including load-shedding, natural disasters, war, civil unrest, pandemic, government action, internet or telecommunications failures, or cyber-attacks against upstream providers.

24. Notices

Notices to SitePass must be sent to hello@sitepass.co.za or by post to our registered address. Notices to you will be sent to the email address on your Account or displayed in the Platform. Notices are deemed received in accordance with section 23 of ECTA.

25. Disputes & Governing Law

These Terms are governed by the laws of the Republic of South Africa. The parties will first attempt to resolve any dispute by good-faith negotiation between senior representatives. If the dispute is not resolved within 15 business days, either party may refer it to mediation under the rules of the Arbitration Foundation of Southern Africa ("AFSA"). Any dispute not resolved by mediation will be referred to and finally resolved by arbitration in Cape Town, in English, under the AFSA expedited rules. Either party may at any time approach a court of competent jurisdiction for urgent or interim relief. Consumers may, where applicable, refer matters to the National Consumer Tribunal or another competent forum under the CPA.

26. Changes to these Terms

We may amend these Terms from time to time. Material changes will be notified by email or via an in-app notice at least 14 days before they take effect. Your continued use of the Platform after that date constitutes acceptance of the updated Terms. If you do not accept the changes, you may cancel your Subscription as described in section 7.

27. General

• Entire agreement — these Terms (with the Privacy Policy and any written order form) constitute the entire agreement between the parties and supersede prior agreements on the same subject matter.
• Severability — if any provision is found to be unenforceable, the remaining provisions remain in force.
• No waiver — failure to enforce any right is not a waiver of that right.
• Assignment — you may not assign or transfer your rights without our written consent. We may assign on a sale or restructuring of our business on notice to you.
• Relationship — nothing in these Terms creates a partnership, joint venture, employment or agency relationship between the parties.
• Language — these Terms are concluded in English.

28. Contact Us (ECTA s. 43)

• Legal name: SitePass (PTY) Ltd
• Registered address: 103 Dunkley House, 32 Barnet Street, Gardens, Cape Town, 8001, South Africa
• Website: sitepass.co.za
• Email: hello@sitepass.co.za
• Privacy: privacy@sitepass.co.za
• Contact form: sitepass.co.za/contact