Terms and Conditions
Last Updated: 24 July, 2024
Welcome to Sitez
Introduction and acceptance of terms
Thank you for choosing Sitez, a service provided by Sitez, located at [Address], South Africa. By accessing and using our services, you agree to comply with and be bound by these terms and conditions. These terms govern your use of the Sitez website and mobile application. If you do not agree with any part of these terms, please do not use our services.
Additional terms and product requirements
Our services are diverse and may have additional terms or product requirements that apply. These additional terms will be made available with the relevant services and will become part of your agreement with us if you choose to use those services. It is your responsibility to review and comply with any additional terms and conditions that may apply to specific services or products offered by Sitez.
Terminology
Definitions of key terms used in the document
Client, you, and your refer to you, the person accessing this website and accepting the Company’s terms and conditions.
The Company, ourselves, we, and us refer to Sitez.
Party, parties, or us refer to both the client and ourselves, or either the client or ourselves.
Services refer to the products and services provided by Sitez through its website and mobile application.
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner, whether through formal meetings of a fixed duration or by any other means, with the express purpose of meeting the client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to prevailing laws of South Africa. Any use of the above terminology or other words in the singular, plural, capitalisation, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Using Our Services
Compliance with policies
When using Sitez services, you must adhere to all policies provided to you within the services. These policies are designed to ensure the proper use and operation of our platform. By complying with these policies, you help maintain a safe and efficient environment for all users. It is your responsibility to stay informed about and follow these guidelines to ensure your use of Sitez remains compliant.
Prohibited actions
Users are strictly prohibited from misusing our services. This includes, but is not limited to, interfering with the operation of the services, attempting to access the services through unauthorised means, and engaging in any activities that could harm the platform or other users. Any actions that compromise the integrity, performance, or security of our services are not permitted. Violations of these rules may result in suspension or termination of your access to our services.
Legal use of services
You may only use Sitez services as permitted by law, including all applicable export and re-export control laws and regulations. Users are responsible for ensuring that their use of the services complies with all relevant legal requirements. Any use of our services that violates local, national, or international laws is strictly prohibited. It is your duty to be aware of and comply with any legal obligations related to your use of our platform.
Intellectual property rights
Using our services does not grant you ownership of any intellectual property rights in our services or the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Do not remove, obscure, or alter any legal notices displayed in or along with our services. Respect for intellectual property is crucial to maintaining the integrity and trustworthiness of the Sitez platform.
Communications from Sitez
By using our services, you agree to receive communications from us, including service announcements, administrative messages, and other information related to your use of the services. These communications are part of our effort to keep you informed about important updates and changes to our platform. You may have the option to opt out of some of these communications, but others, especially those related to critical service updates, may be mandatory for continued use of our services.
Mobile device usage
Some of our services are available on mobile devices. You must not use these services in a way that distracts you or prevents you from obeying traffic or safety laws. Safe usage of our mobile services is your responsibility, and you should always prioritise safety over accessing our platform. Whether you are using our services on a mobile phone, tablet, or any other device, ensure that your usage does not compromise your safety or the safety of others.
Services Provided
Overview of Sitez services
Sitez offers a comprehensive suite of services designed to streamline the management of construction labour activities. Our platform provides tools for tracking site attendance, managing timekeeping, and monitoring the career growth of construction workers. By integrating these functionalities, Sitez helps construction companies maintain accurate records, enhance productivity, and support the professional development of their workforce. Our services are accessible through both web and mobile applications, ensuring flexibility and convenience for our users.
Responsibilities of Sitez
As a provider of these services, Sitez is committed to delivering reliable and secure solutions that meet the needs of our users. We strive to maintain high standards of service quality, ensuring that our platform operates smoothly and efficiently. Our responsibilities include regular maintenance and updates to our software, implementing robust security measures to protect user data, and providing customer support to address any issues or concerns that may arise. While we work diligently to ensure the accuracy and functionality of our services, users must understand that they use the platform at their own risk and should verify any information or data obtained through Sitez.
User responsibilities
Users of Sitez services have a responsibility to use the platform appropriately and accurately. This includes providing truthful and up-to-date information when setting up and maintaining their accounts, as well as ensuring that their use of the services complies with all applicable laws and regulations. Users must safeguard their login credentials and promptly report any security breaches or suspicious activities. Additionally, users should regularly review and update their personal and employment information to ensure it remains accurate. By taking these responsibilities seriously, users contribute to the overall integrity and effectiveness of the Sitez platform.
Privacy Statement
Commitment to privacy
At Sitez, we are deeply committed to protecting the privacy and personal information of our users. We understand that the data you provide is sensitive and trust us to handle it with the utmost care. Our privacy practices are designed to ensure that your personal information is collected, stored, and used in a manner that is secure and transparent. We continuously review and enhance our security protocols to safeguard your data against unauthorised access, loss, or misuse. Our commitment to privacy extends to all aspects of our services, from the moment you sign up to the ongoing use of our platform.
Reference to Privatizz privacy policy
As a product of Privatizz.com, Sitez adheres to the comprehensive privacy policies set forth by Privatizz. The Privatizz privacy policy outlines the principles and practices we follow to protect your personal information. By using Sitez, you agree to the terms of the Privatizz privacy policy, which is designed to comply with relevant data protection laws and industry best practices. This policy covers various aspects of data privacy, including how we collect, use, share, and protect your information. For detailed information on our privacy practices, please refer to the Privatizz privacy policy, which is incorporated into these terms by reference.
Data protection practices
We employ a range of data protection practices to ensure that your personal information remains secure. These practices include:
Data Encryption: All personal data transmitted between your device and our servers is encrypted using industry-standard encryption protocols. This helps prevent unauthorised access and interception of your information during transmission.
Access Controls: We implement strict access controls to ensure that only authorised personnel have access to your data. Access is granted on a need-to-know basis, and employees are trained to handle personal information responsibly and in compliance with our privacy policies.
Regular Security Audits: We conduct regular security audits and assessments to identify and address potential vulnerabilities in our systems. These audits help us maintain high security standards and adapt to emerging threats.
Data Minimisation: We collect only the information necessary to provide our services effectively. By minimising the data we collect, we reduce the risk of exposure and ensure that we handle only the information required for specific purposes.
User Control: We provide users with tools to manage their privacy settings and control how their data is used. This includes options to update personal information, manage consent for data sharing, and request deletion of data.
Compliance with Regulations: We comply with applicable data protection laws, such as the General Data Protection Regulation (GDPR) and the Protection of Personal Information Act (POPIA). Our data protection practices are designed to meet the stringent requirements of these regulations, ensuring that your rights are protected.
By implementing these robust data protection practices, we aim to provide a secure environment where you can confidently use our services, knowing that your personal information is protected.
Purchases
Purchase process
When you make a purchase through Sitez, you agree to provide accurate and complete information necessary for the transaction. The purchase process involves selecting the desired service or product, providing payment information, and confirming the order. Once your order is placed, you will receive a confirmation email detailing the items purchased, the total cost, and any additional terms related to the purchase. Sitez uses secure payment gateways to process transactions, ensuring that your payment information is encrypted and handled safely. It is your responsibility to review the confirmation email and notify us immediately if there are any discrepancies or issues with your order.
Information required for purchases
To facilitate a smooth and secure purchase process, we require specific information from you. This information typically includes your name, contact details, billing address, and payment information such as credit card details or other payment method data. Providing accurate and up-to-date information is crucial to ensure the successful processing of your order. Any incorrect or incomplete information may result in delays or the inability to complete your purchase. Sitez is committed to protecting your personal and payment information, and we adhere to stringent data protection practices to ensure your data is handled securely.
Payment terms
By making a purchase through Sitez, you agree to the payment terms specified at the time of purchase. These terms include the total cost of the service or product, applicable taxes, and any additional fees that may apply. Payments must be made in the currency specified and through the payment methods offered by Sitez. We may offer various payment options, including credit cards, debit cards, and other digital payment methods. Full payment is required at the time of purchase unless otherwise stated. Failure to make timely payments may result in the suspension or cancellation of your order. Sitez reserves the right to modify payment terms and pricing at any time, but such changes will not affect purchases that have already been completed. It is your responsibility to ensure that your payment information is accurate and up to date to avoid any disruptions in service.
Software in Our Services
Software updates
Sitez services may include software that needs to be installed on your device. This software may automatically download and install updates from time to time to improve, enhance, and further develop the services. These updates are designed to improve the user experience by adding new features, fixing bugs, and enhancing security. By using our services, you agree to receive such updates (and permit Sitez to deliver these to you) as part of your use of the Sitez platform. You may have the option to adjust your automatic update settings, but it is recommended to keep your software up-to-date to ensure optimal performance and security.
License to use software
Sitez grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Sitez as part of the services. This license is solely for the purpose of enabling you to use and enjoy the benefit of the services as provided by Sitez, in the manner permitted by these terms. You are not allowed to copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Restrictions on software use
You must comply with all applicable laws and regulations when using the software provided by Sitez. You may not:
Use the software for any unlawful purpose or in any manner that could harm, disable, overburden, or impair the Sitez services.
Engage in any activity that interferes with or disrupts the software or the servers and networks connected to the software.
Remove, alter, or obscure any proprietary notices or labels on the software.
Use the software to transmit any viruses, malware, or other harmful computer code.
Attempt to gain unauthorised access to any part of the software or its related systems or networks.
Violation of these restrictions may result in the termination of your access to the services and legal action. By respecting these restrictions, you help maintain a secure and efficient environment for all users of the Sitez platform.
Disclaimer
Exclusions and limitations
The information provided on the Sitez platform is offered on an "as is" basis. Sitez, to the fullest extent permitted by law, excludes all representations and warranties relating to this website and its content or which are or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Sitez’s documentation. Furthermore, Sitez excludes any liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things, or you have advised this company of the possibility of such potential loss), damage caused to your computer, computer software, systems, and programs and the data thereon or any other direct or indirect, consequential, and incidental damages.
Liability for services
To the extent permitted by law, the total liability of Sitez and its suppliers and distributors for any claims under these terms, including any implied warranties, is limited to the amount you paid us to use the services. In all cases, Sitez and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable. However, this does not exclude liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by South African law. The above exclusions and limitations apply only to the extent permitted by law, and none of your legal rights as a consumer are affected.
Certification and Licensing
Responsibilities of service providers
Service providers who use the Sitez platform are responsible for ensuring that their certifications, licenses, and other professional credentials are accurate, up-to-date, and comply with all applicable laws and regulations. Sitez does not verify the authenticity or validity of the certifications or licenses provided by service providers. It is the responsibility of the service providers to maintain the accuracy and legitimacy of their credentials and to ensure that their services meet all regulatory and professional standards. Any claims or representations regarding certifications and licenses are solely the responsibility of the service providers.
Sitez's role in certification
Sitez provides a platform for service providers to showcase their certifications and licenses, but it does not endorse, guarantee, or assume responsibility for the accuracy or validity of these credentials. Users are advised to independently verify the certifications and licenses of service providers before engaging their services. Sitez’s role is limited to facilitating the display of such credentials and does not include any form of verification or validation. By using the Sitez platform, users acknowledge that they are responsible for conducting their due diligence and that Sitez is not liable for any misrepresentation or inaccuracies related to service provider certifications or licenses.
Liability for Our Services
Limitations of liability
To the extent permitted by law, Sitez, its suppliers, and distributors will not be responsible for any indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
The use or inability to use the services.
Any actions you take based on the information you receive in, through, or from the services.
Your failure to keep your password or account details secure and confidential.
Unauthorised access to or alteration of your transmissions or data.
The conduct or statements of any third party on the services.
In no event shall the total liability of Sitez, its suppliers, and distributors exceed the amount you paid Sitez to use the services. This limitation of liability applies whether the claim is based on contract, tort, including negligence, strict liability, or otherwise, and even if Sitez has been advised of the possibility of such damages.
No waiver of legal rights
Nothing in these terms shall exclude or limit Sitez’s liability for losses that may not be lawfully excluded or limited by applicable law. This includes, but is not limited to, liability for death or personal injury caused by negligence and for fraud or fraudulent misrepresentation.
If any provision of these terms is found to be invalid under applicable law, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Sitez’s failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sitez in writing.
By using Sitez’s services, you agree to take full responsibility for the accuracy and appropriate use of the information you provide and receive through the platform. Users must ensure their actions comply with all applicable laws and regulations, and Sitez disclaims any liability arising from misuse or misrepresentation of the services or information provided.
Business Uses of Our Services
Terms for business users
If you are using Sitez services on behalf of a business or corporate entity, that business accepts these terms and conditions. By doing so, you confirm that you have the authority to bind the business to these terms. The business agrees to use the services in a manner consistent with these terms and any additional terms that may apply. This includes ensuring that all employees, contractors, and agents who use the services on behalf of the business comply with these terms. The business is responsible for all activities conducted under its accounts and must ensure that its use of the services is lawful and does not infringe the rights of any third party.
Indemnification by businesses
Businesses using Sitez services agree to hold harmless and indemnify Sitez, its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the services or violation of these terms. This includes any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees. The business agrees to cover any costs or damages that Sitez may incur as a result of the business’s use of the services, including but not limited to:
Claims by third parties for breach of intellectual property rights, privacy rights, or any other legal rights.
Violations of laws or regulations applicable to the business’s use of the services.
Any misrepresentations made by the business or its representatives regarding the services.
By agreeing to these indemnification terms, businesses acknowledge their responsibility for ensuring that their use of the Sitez platform is compliant with all relevant laws and regulations and that they will protect Sitez from any legal or financial repercussions that may arise from their actions.
Modifying and Terminating Our Services
Changes to services
Sitez is committed to continuously improving and evolving its services to better meet user needs. As part of this commitment, we may add or remove functionalities, features, or even entire services. These changes are designed to enhance the overall user experience, improve performance, or adapt to new technologies and market demands. Whenever feasible, we will notify users of significant changes in advance, providing details about the nature and purpose of the modifications. However, some changes, especially those that enhance security or address urgent issues, may be implemented immediately without prior notice. Users are encouraged to regularly check for updates and review any changes to ensure they are informed about the latest features and functionalities of the Sitez platform.
Termination of services
Both Sitez and users have the right to terminate the use of services at any time and for any reason. If you decide to stop using our services, you may simply discontinue your use. If Sitez chooses to terminate your access to the services, we will attempt to provide you with reasonable notice and an explanation of the reason for termination, except when such notice is prohibited by law or could result in harm to Sitez or other users. Reasons for termination may include, but are not limited to, violations of these terms, legal requirements, or security concerns. Upon termination, your right to use the services will cease immediately, and any data associated with your account may be deleted. It is your responsibility to back up any data you wish to retain before termination occurs.
Log Files
Use of log files for analytics and troubleshooting
Sitez utilises log files to monitor and analyse trends, administer the platform, track user movements, and gather broad demographic information. These log files automatically record standard information such as Internet Protocol (IP) addresses, browser types, Internet Service Providers (ISP), referring and exit pages, date and time stamps, and the number of clicks. This information is essential for identifying and resolving technical issues, enhancing the performance and security of the platform, and understanding user interactions and behaviours.
Log files are used internally and are not shared with external parties unless required by law or necessary for legal proceedings. While these log files do not directly contain personally identifiable information, they may be linked to such information for the purposes of improving user experience and ensuring the effective operation of the services. Users should be aware that by using Sitez, they consent to the collection and use of log file data as described in this section.
Cookies
Use of cookies
Sitez uses cookies and similar tracking technologies to enhance your experience on our platform. Cookies are small text files placed on your device that help us understand how you interact with our services, remember your preferences, and improve functionality. We use cookies for various purposes, including to keep you logged in, personalise your experience, analyse usage patterns, and deliver relevant advertisements. By using our services, you consent to the use of cookies as described in this section. You can manage your cookie preferences through your browser settings, although disabling cookies may affect the functionality of the Sitez platform.
Managing cookie preferences
You have the option to manage your cookie preferences through your browser settings. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. You may also delete existing cookies from your browser. However, please note that disabling or deleting cookies may impact your ability to use certain features of the Sitez platform, and you may experience a less personalised and efficient user experience. For detailed instructions on how to manage cookies, refer to the help section of your web browser.
Links to Other Websites
External links
Sitez may contain links to third-party websites or services that are not owned or controlled by Sitez. These links are provided for your convenience and to provide further information. Sitez has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Responsibility for third-party content
The opinions expressed or material appearing on third-party websites are not necessarily shared or endorsed by Sitez and should not be considered as reflecting the views of Sitez. We do not assume any responsibility or liability for any loss or damage that may arise from your use of third-party websites or services. You should evaluate the security and reliability of any other site linked to or accessed through our site before disclosing any personal information to them. Sitez will not accept any liability for any loss or damage, regardless of the cause, resulting from your disclosure of personal information to third parties.
Links to this Websites
Conditions for linking to Sitez
You may not create a link to any page of the Sitez website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk, and the exclusions and limitations set out in these terms and conditions will apply to your use of this website by linking to it. Any such link must not portray Sitez, its services, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner. Sitez reserves the right to withdraw linking permission without notice.
Copyright Notice
Exemption from liability for events beyond control
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party, including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.
Waiver
Non-waiver of rights
The failure of either party to insist upon strict performance of any provision of this or any agreement or the failure of either party to exercise any right or remedy to which it, he, or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both parties. If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.
About These Terms
Right to modify terms
Sitez reserves the right to modify these terms or any additional terms that apply to a service to reflect changes in the law or changes to our services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than 7 days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service.
Notification of changes
If a revision is material, we will try to provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We’ll post notice of modifications to these terms on this page and, if the changes are significant, we will provide a more prominent notice (such as a notification within the Sitez application or an email notification). By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.
Governing law and jurisdiction
These terms and any disputes arising out of or related to these terms or any services provided by Sitez will be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Sitez for any purpose concerning these terms or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in South Africa. If the courts in your country will not apply South African law to some types of disputes, then your country’s laws will apply to such disputes related to these terms.
Contact Us
Contact information for inquiries
If you have any questions about these terms, please contact us. We are here to help and ensure your experience with Sitez is satisfactory.
Email: support@sitez.co.za
Phone: +27 61 497 8034
Our customer support team is available to assist you with any concerns or inquiries you may have. We strive to respond to all inquiries promptly and address any issues to your satisfaction.