Terms and Conditions

1. Acceptance of Terms

By accessing or using the TimeWorks Data Solutions website (timeworksdata.co.za), requesting a quote, purchasing products or services, or entering into any agreement with TimeWorks Data Solutions (Pty) Ltd ("TimeWorks", "we", "us", "our"), you agree to be bound by these Terms and Conditions.

If you do not agree with any part of these terms, you must stop using the website and refrain from engaging with our services. We recommend that you read these terms carefully before proceeding.

2. Description of Services

TimeWorks Data Solutions provides a range of point-of-sale products and services for business customers in South Africa, including:

• POS Software - SQL-powered point-of-sale software for retail and hospitality environments, including multi-store and cloud reporting capabilities.
• POS Hardware - Supply and installation of commercial-grade terminals, Toshiba touch screens, Zebra barcode scanners, thermal receipt and label printers, cash drawers, and peripheral equipment.
• Hardware Rentals - Fixed-term and month-to-month rental agreements for POS hardware, including maintenance and swap-out support.
• Support and Maintenance - Same-day on-site support in the Cape Town metropolitan area, remote support, and annual maintenance agreements.
• Online Ordering - Integration of web-based and kiosk ordering systems linked to POS software.
• Kitchen Display Systems (KDS) - Digital kitchen display hardware and software integrations for hospitality environments.
• CCTV and Security Integration - Supply and installation of CCTV systems with POS exception reporting integration.

Specific terms for individual products and services are set out in supplementary terms linked in Section 12 below. Those supplementary terms apply in addition to, and in the event of conflict will take precedence over, these General Terms and Conditions for the relevant product or service.

3. Eligibility

TimeWorks provides products and services primarily to business customers. By engaging with us, you represent and warrant that:

• You are at least 18 years of age.
• You are engaging on behalf of a duly incorporated legal entity or as a sole proprietor operating a legitimate business, or you are a consumer as defined in the Consumer Protection Act 68 of 2008 (CPA).
• You are located in the Republic of South Africa or are purchasing goods or services for use in South Africa.
• You have the legal authority to enter into binding agreements on behalf of the entity you represent, where applicable.

4. Account and Access

Certain TimeWorks platforms - including the online support ticketing system and the online ordering platform - may require you to create an account or receive login credentials.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at send us a message if you suspect unauthorised access to your account.

TimeWorks reserves the right to suspend or terminate account access where there is reasonable suspicion of unauthorised use, breach of these terms, or non-payment of outstanding amounts.

5. Intellectual Property

All intellectual property rights in the TimeWorks website, POS software, logos, brand materials, training content, documentation, and proprietary systems vest in TimeWorks Data Solutions (Pty) Ltd or its licensors.

Nothing in these terms grants you any ownership of or licence to any intellectual property beyond what is strictly necessary to use the products or services you have purchased or licensed. You may not copy, modify, reverse-engineer, decompile, distribute, or create derivative works from any TimeWorks material without our express prior written consent.

Client-owned data inputted into TimeWorks systems remains the property of the client at all times. See our Software Terms for full details on data ownership and portability.

6. Limitation of Liability

To the maximum extent permitted by applicable law, TimeWorks's total aggregate liability to you for any claims arising from or related to these terms, the website, or any products or services will not exceed the total fees you paid to TimeWorks in the twelve (12) months immediately preceding the event giving rise to the claim.

In no event will TimeWorks be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of data, loss of revenue, or business interruption, even if TimeWorks has been advised of the possibility of such damages.

Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded or limited under applicable South African law, including liability under the Consumer Protection Act.

7. Indemnification

You agree to indemnify, defend, and hold harmless TimeWorks Data Solutions, its directors, employees, agents, and contractors from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these terms or any supplementary terms.
• Your negligent or unlawful use of TimeWorks products or services.
• Any claim by a third party arising from your actions or omissions in connection with TimeWorks products or services.
• Any inaccurate information you provided to TimeWorks.

8. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these terms to the extent that such delay or failure is caused by circumstances beyond that party's reasonable control, including but not limited to:

• Acts of God, floods, fires, earthquakes, or other natural disasters.
• War, civil unrest, terrorism, or government action.
• Labour disputes or industrial action not involving the affected party's own employees.
• Load shedding and scheduled or unscheduled power interruptions by Eskom or municipal utilities - including where such outages cause extended downtime beyond the capacity of installed UPS or backup power systems.
• Failure of third-party communications networks, internet infrastructure, or cloud service providers.
• Pandemic, epidemic, or public health emergency.

The affected party must notify the other party promptly in writing and must use reasonable efforts to resume performance as soon as practicable.

9. Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or related to these terms will be subject to the exclusive jurisdiction of the Western Cape High Court, Cape Town Division, unless both parties agree in writing to an alternative dispute resolution mechanism.

Nothing in this clause prevents either party from seeking urgent or interim relief from any court of competent jurisdiction.

10. Severability

If any provision of these terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions, which will continue in full force and effect.

11. Amendments

TimeWorks reserves the right to update or amend these terms at any time. Where changes are material, we will provide at least 30 calendar days' notice by posting a notice on our website or by emailing registered account holders.

Your continued use of our website or services after the effective date of any amendments constitutes acceptance of the updated terms. If you do not accept the amended terms, you must discontinue use of our services and notify us in writing.

12. Supplementary Terms

The following supplementary terms apply to specific TimeWorks products and services. These terms form part of your agreement with us and should be read together with these General Terms and Conditions:

• Hardware Sales Terms - Applies to all purchases of POS hardware and peripherals.
• Rental Agreement Terms - Applies to all hardware rental agreements.
• Software Terms - Applies to all POS software licences and SaaS subscriptions.
• Refund and Returns Policy - Applies to all returns and refund requests.

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