WorkWeek Terms & Conditions

TERMS AND CONDITIONS OF USE 

Last updated: 10 March 2024

  1. Introduction
     
    1. By accessing or using https://www.workweek.co.za/ or any related platform or application (collectively, the “Platform”) or any of its Services owned by Workweek (Pty) Ltd (“Workweek”), you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by Workweek. 
    2. These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
    3. Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit the risk or liability of Workweek, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Workweek or is an acknowledgement of any fact by you.
    4. The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Platform or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Workweek or its possession.
  2. Our Services
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    1. Workweek is a time tracking and attendance solution for wage earning workers. Our Platform acts as a replacement for paper-based timesheets, allowing employers (“Employers”) to easily share a link to our Platform with their employees (“Employees”) to seamlessly manage hours worked, geolocation pins at clock in and wages to be paid. 
      (collectively, the “Services”). 
  1. Employers Registering an Account with Us
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    1. Registration: To use the Platform as an Employer, you must register with us and create a profile. You must provide us with all the requested information during the onboarding process which includes your company information, Employee information, work locations and any other relevant information that might be necessary to successfully establish your Workweek account.
    2. Accurate Information: When creating an account, you agree to provide accurate, current, and complete information and to update this information as and when it changes. Once registered, you will be allocated a company account that is under your control as an Employer. 
    3. Update Information: To protect your privacy and security, we take reasonable steps to verify your access by requiring your password together with your email address to grant you access to your account. To view or change the personal data provided, you can go to the profile section under your account.
    4. Consent: By sharing your personal data with us, you warrant that the person using the Platform has the legal authority to represent your legal entity. You are responsible for the account and all the actions taken with it.  We reserve the right to carry out verification checks on all Employer accounts and suspend and/or terminate any accounts which we reasonably believe to be fraudulent. As an Employer you warrant that you have the consent of your Employees to share their personal information with us for the purpose of providing our Services and indemnify us against claims that may be brought against us in this regard. 
    5. Privacy Policy: Please see our Privacy Policy for more details on how we use and process your personal data. ‍
  2. ‍Employees Registering an Account
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    1. Registration: To use the Platform as an Employee, you must use the link provided by your Employer and login to the Platform using your cellphone number. You must provide us with all the requested information during this process to verify your access.
    2. Accurate Information: When creating an account, you agree to provide accurate, current, and complete information and to update this information as and when it changes. Once registered, you will be allocated a company account that is under the supervision of your Employer. 
    3. Update Information: To protect your privacy and security, we take reasonable steps to verify your access by requiring your cellphone number to grant you access to your profile. To view or change the personal data provided, you can go to the profile section under your account.
    4. Privacy Policy: Please see our Privacy Policy for more details on how we use and process your personal data. ‍
  3. ‍Payment For Our Services
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    1. Demo: To understand if our Platform is the best fit for your business, we offer Employers an opportunity to receive a free demo which can be booked at a time slot that best suits your schedule. 
    2. Free Trial: If you are happy with the demo but not entirely sold on a subscription, you can trial our Services using our free 14-day trial (“Free Trial”). You will not be required to input any billing information to access the Free Trial. Once the trial period concludes we will suspend your account following the activation of a subscription package. 
    3. Subscription: The Platform has various monthly packages available to use the Services which may change from time to time. Packages are billed according to the number of Employees per month using the Services. 
    4. Billing: The package is billed upfront on the day you first subscribe and renews automatically. You can cancel your subscription at any time if you wish to end your subscription. 
    5. Fees: Our subscription fee is available on the Platform and is subject to change at any time in our reasonable discretion. You will be given 30 days prior notice where there is a change in the subscription fee charged.  
    6. Invoices: You will receive an invoice for any payments made and are available on request.
    7. Limitation: Your right to use our Platform is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your account and access to the Platform.
    8. Secure Payments: We are committed to providing secure online payment facilities. All transactions are processed using an authorised payment service provider. 
    9. Refunds: Unless otherwise required by applicable laws, Workweek does not refund any fee which has been paid for any package. This also means that we will not return any fee already paid where you terminate your use of the Platform before the paid subscription period has lapsed entirely or where your account has been terminated for violating these Terms.
  4. ‍Responsibilities and Warranties for using the Platform
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    1. ‍Both Employers and Employees, by using the Platform and/or the Services, warrant that:
      1. you have read and agreed to these Terms and will use the Platform and the Services in accordance with them;
      2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete in every aspect;
      3. you lawfully possess and submit all information to Workweek and have the legal capacity to understand, agree with and be bound with these Terms; 
      4. you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform or Workweek;
      5. 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 Platform 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 Platform or the underlying software code;
      6. you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
      7. you will not use the Platform for any commercial purpose other than as expressly provided for by Workweek herein;
      8. you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
      9. you will not facilitate or assist any third party to do any of the above,

        failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing us to manifest all our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority, or instituting legal proceedings against you.
    2. Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
    3. Access to the Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
  1. Intellectual Property
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    1. Platform IP: All website/application/demo layout, content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code and everything submitted to the Platform and Workweek in use of the Services, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by Workweek, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. 
    2. User submitted IP: All rights to any intellectual property provided by you to the Platform will remain with you, but for which you have provided Workweek with a non-exclusive, non-transferable licence to use such intellectual property as is necessary to provide you with our Services, for as long as you remain registered with the Platform.
    3. No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform and within the Services 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 Platform or the underlying software code whether in whole or in part, without the written consent of Workweek first being granted, which consent may be refused at our discretion. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Workweek and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
    4. Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, artwork, graphics, and other materials on the Platform, including the information in your account, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded through the Platform, will not be affected by such suspension or termination (as the case may be). 
    5. Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party, other than that which has been submitted by you in use of the 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.
    6. User Licence: Subject to adherence to these Terms, Workweek grants you a personal, non-exclusive, non-assignable and non-transferable licence to use and display all content and information contained on the Platform on any device part of your corporate network or for which you are the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Workweek. 
  2. Links and Messages
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    1. Data Messages between You and Workweek
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      1. Data messages, including email messages, messages to our chatbot or via WhatsApp, you send to us will be considered as received only when we acknowledge or respond to these messages.
      2. Data messages we send to you will be regarded as received when the data message enters your server inbox and is capable of being retrieved and processed by you.
      3. We reserve the right not to respond to any data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such data message if necessary.
      4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
    2. Hyperlinks, Deep Links, Framing
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      1. The Platform may include links to other websites ("other sites"). Workweek does not own or endorse these other sites and is not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
      2. Workweek does not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
      3. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.  
    3. Advertising and Sponsorships on the Platform
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      1. The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material displayed on the Platform complies with all applicable laws and regulations. Displayed advertising does not indicate any endorsement, agreement on or support of the content or products of these advertisements by Workweek.
      2. Workweek, its shareholders, directors, employees, 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.
  3. Indemnities and Disclaimers
     
    1. Disclaimers
      1. The Platform and the Services, including intellectual property appearing therein, are provided "as is" and "as available". Workweek makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or information provided by Employer/Employees to the Platform, or any statistics or cumulative result information available on the Platform.  
      2. All content, information, and/or opinions of any user made available on the Platform are those of the authors and not Workweek. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
      3. Workweek, its shareholders, directors, 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 Platform and/or transactions or actions resulting therefrom.
      4. Workweek, its shareholders, directors, 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 Services, and access to, or use of, the Platform in any manner. 
      5. We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.
    2. Indemnities
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      1. You indemnify and hold harmless Workweek, its shareholders, directors, employees, and partners from any demand, action 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 your use of the Platform and/or the Services offered or concluded through the Platform in any way.
      2. You agree to indemnify, defend, and hold Workweek harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.
    3. This clause will survive termination of these Terms.
  4. Dispute Resolution
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    1. Negotiation: Should any dispute, disagreement or claim arise between you and Workweek in relation to the Platform or the Services, we shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
    2. Mediation: If the dispute is still not resolved in the aforesaid manner, or within such period thereafter as the parties may agree, the parties will approach an independent third party to mediate the discussion between them.  
    3. Arbitration: If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Workweek. 
    4. Jurisdiction: Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
    5. No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. 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 against the infringing party.
    6. Private Dispute: Should a dispute arise between an Employer and Employee in relation to the use of the Platform, such dispute is between these users exclusively. Workweek is not responsible for fulfilling any function in any way or in any role.
  5. Termination of Use
     
    1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, WORKWEEK RESERVES THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR ACCOUNT AND/OR USE OF THE PLATFORM IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT WORKWEEK GIVES REASONABLE NOTICE TO YOU.
    2. Depending on the severity of the breach, we may, in our sole discretion, reinstate your account following restriction thereof. 
    3. If you wish to terminate your agreement with us and these Terms, or end your use of our Services, you may do so by discontinuing your subscription and ending your use of the Platform/Services. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time.
    4. If you cancel your agreement with these Terms and with Workweek, we will delete your profile within a reasonable period.
  6. Notices and Service Address
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    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:some text
      1. in the case of Workweek, at hello@workweek.co.za; or
      2. in the case of a user, at the contact and e-mail address provided to Workweek during onboarding. 
    2. Each of the parties will be entitled from time to time, by written notice to the other, to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
    3. 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.
  7. Company Information
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    1. Site owner: Workweek (Pty) Ltd
    2. Legal status: Private Company
    3. Registration number: 2023/683195/07
    4. Platform address: https://www.workweek.co.za/ 
    5. Email address: hello@workweek.co.za 
    6. Telephone number: 0838542820
    7. Registered address: 26 Chard Road, Retreat, Cape Town, 7945.
    8. Postal address: As above.
  8. General
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    1. Relationship Between the Parties - The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.  Workweek provides software services and is not an agent, intermediary nor partner or adviser to any user. All tools provided on the Platform or as part of the Services are for information purposes only. Any formal engagement between Employers and Employees is between them privately.  
    2. Force Majeure - If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
    3. Change Without Notice - The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform/Services constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
    4. Entire Agreement - This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 13.3, 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.
    5. No Indulgence - No indulgence, leniency or extension of time granted by Workweek shall constitute a waiver of any of our rights under these Terms and, accordingly, we shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
    6. Importation of Words - 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.
    7. Headings as Reference - The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  
    8. Governing Law - Your access and/or use of the Platform and/or the Services and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of Republic of South Africa.
    9. Failure to Pay - In the event of a user failing to pay any amount timeously or breaching these Terms, they shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Workweek in relation to the payment failure or breach.
    10. Severability - 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 judgement 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.
    11. Prohibited Provision - 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 14.10.

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