Terms of Use and Service

Loadmark is a product of, and is supplied by, Altitude Interactive (Pty) Ltd, a private company registered in South Africa, trading as Loadmark ("we", "us", "our").

The information below is given as required by section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"):

Full name and legal status

Altitude Interactive (Pty) Ltd, a private company

Physical address

8 Jamaican Music Avenue, Mooikloof, Pretoria, South Africa (also our address for service of legal documents)

Email

simon@altitudeinteractiveweb.com

Telephone

061 544 7840

Website

https://www.loadmark.co.za

What we supply

Software, used online and on phones, for recording lifting equipment inspections, producing certificates and reminders, and related administration

Price and payment

See clause 6 and the pricing page

Codes of conduct

We do not subscribe to any industry code of conduct and are not a member of a self-regulatory body

The prices on our pricing page and in your Loadmark subscription screen form part of these terms. Nothing else does unless we both agree to it in writing.

A Customer accepts these terms by ticking "I accept" when signing up. The person who ticks it confirms that they are at least 18 years old and are authorised to bind the Customer. We keep a record of the version accepted, the date, the time and the internet address it was accepted from.

Authorised Users, Portal Users and Visitors accept the clauses that apply to them (in particular clauses 4, 9, 13, 14, 17 and 18) by using the Service. The Customer must make sure its Authorised Users follow these terms, and is responsible for what they do in Loadmark.

This agreement is concluded electronically and is valid under ECTA. It is concluded at our address in clause 1.2 when we receive your acceptance. You can save or print this page at any time, and we will email you a copy on request.

Loadmark is software only. We are not a Lifting Machinery Entity or a Lifting Machinery Inspector, we are not registered as either with the Department of Employment and Labour, and we do not inspect, test, examine, repair or certify any equipment. Nothing in the Service is engineering, safety or legal advice.

Every certificate produced with Loadmark is issued by the Customer named on it and signed by its inspector. The Customer and its inspectors alone are responsible for:

• the inspections, examinations and load tests, and how they are carried out;
• the competence, registration and supervision of their inspectors;
• every result, observation, photo and outcome recorded, and every decision to pass or fail equipment or to take it out of use;
• the content and correctness of every certificate, register, report, invoice and quote; and
• complying with the Occupational Health and Safety Act 85 of 1993, the Driven Machinery Regulations, 2015, the applicable SANS standards and any other law.

The inspection intervals, machine types and checklists that come with Loadmark are a starting point only. The Customer must check them against the law and the standards that apply to its work, and change them where needed.

Due dates, dashboards and reminders are aids. The Customer remains responsible for knowing when each item of equipment must be inspected. A reminder that is late, wrong or not delivered does not transfer that responsibility to us.

Inspectors sign on screen. The Customer must satisfy itself that this way of signing meets every legal requirement that applies to its certificates. Section 13 of ECTA applies.

Every certificate carries the footer "Generated with Loadmark software". When a Visitor scans a certificate or sticker, the check page shows whether that certificate matches the record the Customer issued in Loadmark. "Genuine" means only that the certificate was issued in Loadmark and has not been replaced. It is not a statement by us that the equipment is safe, has been properly inspected or may be used.

A new Customer gets a free trial of 14 days. No payment details are needed. Everything works during the trial.

When the trial ends without a subscription, the account becomes read-only. You can still see and download everything, including certificates and audit packs, but you can't add or change anything. Subscribing switches everything back on.

We keep the data of an unpaid, read-only account for at least 12 months after the trial ends. After that we may delete it, but only after giving at least 30 days' notice by email to the account owner.

The subscription costs R297.00 a month for up to 3 active inspectors, plus R50.00 a month for each additional active inspector. Office users and Portal Users are free. Where offered, annual billing costs 10 months' fees for 12 months. The prices on the pricing page when you subscribe apply.

We are not registered for VAT, so the prices shown are the full prices; no VAT is added. If we register for VAT, we will give at least 30 days' notice of any resulting change, and clause 7 lets you cancel before it applies.

Fees are paid in advance, monthly or annually, by recurring payment through PayFast. PayFast's own terms apply to the payment. We never see or store your full card or bank details.

You must keep your subscription paid for at least the number of active inspectors you have. When you add an active inspector beyond those paid for, Loadmark shows the new price; once the account owner confirms, we change the amount of your PayFast subscription, and the new amount applies from your next billing date. Deactivating an inspector frees their place for another inspector; it does not lower the amount unless the owner changes it on the Subscription page.

If a payment fails, you have 7 days to fix it. After that the account becomes read-only until payment is made. Read-only works as described in clause 5.2.

We may change our prices by giving at least 30 days' notice by email. A new price applies from your first billing date after the notice period ends. If you don't accept it, you may cancel under clause 7 before then.

If you think a charge is wrong, tell us within 60 days of the charge. We will look into it and refund anything charged in error.

You may cancel at any time, in your PayFast account or by emailing simon@altitudeinteractiveweb.com. No further payments are taken after cancellation. You keep full use of Loadmark until the end of the period you have already paid for. After that the account becomes read-only, as in clause 5.2, and clause 8.5 applies.

Except as set out in this clause 7, or where the law requires otherwise, fees already paid are not refunded, including for part of a month.

Cooling-off. If you are a natural person (for example, a sole proprietor), section 44 of ECTA lets you cancel within 7 days after your first payment, without reason or penalty. We will refund that payment within 30 days.

Annual subscriptions and the Consumer Protection Act. If the Consumer Protection Act 68 of 2008 ("CPA") applies to you, you may cancel an annual subscription early by giving 20 Business Days' notice. We will refund the fees for the unused whole months, less a reasonable cancellation charge allowed by section 14 of the CPA and its regulations. Otherwise, an annual subscription runs to the end of the year paid for.

The Customer owns its Customer Data. The Customer gives us a non-exclusive licence to host, copy, process, back up, display and send Customer Data, but only as needed to provide, secure, support and improve the Service, and to comply with the law.

We may create anonymised, aggregated statistics from use of the Service, such as the average number of inspections per month. These statistics do not identify the Customer, a Client or any person. We may use them to run and improve Loadmark, and to describe it publicly.

The Customer confirms that it is entitled to put Customer Data into Loadmark and to have us process it, and that doing so does not break any law or anyone's rights. The Customer is responsible for the accuracy of Customer Data.

An issued certificate can't be changed or deleted. A correction creates a new certificate that replaces the old one, and both stay on record. Every change is written to an audit log that can't be edited. The Customer accepts that these protections are a deliberate part of the Service.

When a subscription or trial ends, the account stays read-only and the Customer can export its data for at least 12 months. After that we may delete Customer Data, after at least 30 days' notice by email. Deleted data is removed from our backups as they roll over, within 35 days. Before deleting, we will provide a full export on request. We may keep records the law requires us to keep, such as billing records.

The law requires inspection records to be kept and made available for many years. The Customer remains responsible for keeping, or exporting and keeping, every record it is legally required to keep. It must not rely on Loadmark as its only copy after its subscription ends.

While the subscription or trial is active, we give the Customer and its Authorised Users a limited, non-exclusive, non-transferable right to use the Service for the Customer's own business.

Nobody may:

• record an inspection that did not take place, or issue, alter or backdate a certificate falsely;
• let someone sign or issue certificates who is not entitled to do so;
• share a login. Each person must have their own;
• access another company's data, or try to;
• probe, scan or test the security of the Service without our written permission, or get around any limit or protection;
• copy, decompile or reverse engineer the Service, or use it to build a competing product;
• scrape the Service, or overload it with automated requests;
• upload malware, or anything unlawful, defamatory or infringing;
• use the Service to send spam, or to message people without a lawful basis; or
• resell, sublicense or rent out the Service.

Keep your passwords secret. Tell us immediately if you suspect that someone has used an account without permission. The Customer is responsible for everything done with its Authorised Users' logins, until it tells us about a compromise.

The phone app works without signal by saving inspections on the phone and uploading them once there is a connection. Until an inspection has uploaded, it exists only on that phone. We are not responsible if it is lost before it uploads, for example because the phone is lost, stolen, damaged or reset, or because the browser's data is cleared.

The Customer is responsible for the phones and computers its people use. This includes keeping them secure, locked and up to date, and letting the app upload regularly. Sign out of devices you no longer control.

Using the Service needs an internet connection, which you pay for. We are not responsible for network outages, load-shedding or problems with your devices.

Loadmark sends certificates, reminders, quotes and invoices to Clients on the Customer's behalf. Emails show the Customer's name, and replies go to the Customer. WhatsApp messages are sent by the Customer or its inspectors from their own WhatsApp, unless the Customer connects a WhatsApp Business provider.

The Customer decides who receives messages and what they say. The Customer must have a lawful basis under the Protection of Personal Information Act 4 of 2013 ("POPIA") to contact each person. Where a message is direct marketing, the Customer must comply with section 69 of POPIA. We do not guarantee that any message is delivered or read.

Client portal access works through personal links sent by email. Anyone holding a valid link can open that Client's portal, so links must be treated as confidential and must not be forwarded. The Customer decides which Client contacts get links.

Invoices and quotes made in Loadmark are the Customer's own documents. The Customer is responsible for their content and for its tax obligations. We are not a party to any agreement between the Customer and its Clients.

We use other companies to run the Service: hosting and databases (Heroku, part of Salesforce, in the European Union), file storage for photos, signatures and PDFs (Cloudflare R2), email delivery, PayFast for payments, and Google Fonts for typefaces. If you connect a WhatsApp Business provider, that provider handles your WhatsApp messages too. We choose reputable providers and may change them.

We are not responsible for failures of services we do not control. This does not reduce our duties under clause 13.

For personal information in Customer Data, the Customer is the responsible party and we are its operator, as defined in POPIA. This includes names, phone numbers, emails and signatures of staff, inspectors and Client contacts, and photos. This clause 13A is the written contract that section 21 of POPIA requires between them.

We will:

• process that personal information only to provide the Service, on the Customer's instructions as given by these terms and by how the Customer uses Loadmark, unless the law requires otherwise;
• treat it as confidential, and allow access only to people who need it and are bound to confidentiality;
• keep appropriate, reasonable technical and organisational safeguards, as section 19 of POPIA requires. These include encryption in transit, hashed passwords, separation of each company's data, permission checks on every file, an audit log and regular backups;
• notify the Customer without undue delay, and where possible within 72 hours, if we have reasonable grounds to believe its personal information was accessed or acquired by an unauthorised person. We will also give the Customer the information it needs to meet its own duties under section 22 of POPIA;
• help the Customer respond to data subjects who ask to see, correct or delete their information. Loadmark has export and anonymise tools for this;
• use other operators (listed in clause 12) only under written terms that protect the information at least as well as this clause; and
• delete or return the information when the agreement ends, under clause 8.5.

The Customer, as responsible party, must:

• have a lawful basis for collecting the information and sharing it with us;
• tell the data subjects about it, as section 18 of POPIA requires;
• register its information officer; and
• set a retention period that meets its legal duties.

Loadmark anonymises the personal details of archived Clients and removed contacts automatically, after the retention period the Customer chooses. Inspection records themselves are kept.

Transfer outside South Africa. The Service is hosted outside South Africa (Heroku in the European Union; Cloudflare R2 file storage, which may keep copies in other countries), so personal information is transferred there. We permit this only under binding agreements that give protection substantially similar to POPIA, as section 72 of POPIA requires. The transfer is necessary to perform this agreement. The Customer authorises it and must tell its data subjects about it.

We are the responsible party for:

• Customer contact and account details, and login and security records (including internet addresses);
• billing records, and support emails;
• demo requests (name, company, email, phone, preferred time and the advert that brought you); and
• basic technical records of visits to the website.

We use this information to provide and bill the Service, keep it secure, answer you, improve Loadmark and comply with the law. We do not sell personal information.

We use only cookies the Service needs to work: to keep you signed in, to protect forms, and to remember for the visit which advert brought you. We use no advertising or tracking cookies. The website loads typefaces from Google Fonts, which receives your device's internet address when it does.

We send Authorised Users service emails, such as reminders to finish setting up and monthly results. Under section 69(3) of POPIA, we may also tell Customers about our own similar services. You can opt out of any email that isn't essential to the Service at any time, by replying to it or writing to us. The owner can also switch off the monthly results email in company settings.

We keep our own records for as long as the account is active, and afterwards for as long as the law or a possible claim requires. Demo requests that don't lead to a subscription are deleted within 24 months.

You may ask to see, correct or delete your personal information, or object to how we use it. Contact our information officer, Simon Burger, at simon@altitudeinteractiveweb.com. You may also complain to the Information Regulator (inforegulator.org.za). For personal information in Customer Data, please contact the Customer first, since it is the responsible party. Information about access to records under the Promotion of Access to Information Act 2 of 2000 is available from the same address.

The Service belongs to Altitude Interactive (Pty) Ltd and its licensors. This includes its software, design, the name and logo "Loadmark", its documentation and the checklists and templates we supply. These terms give no rights except those in clause 9.1.

The Customer lets us show its name and logo on its certificates, emails and portal, as the Service requires. We will not name the Customer as a customer in our marketing without its permission.

If you send us suggestions or feedback, we may use them freely and without payment.

Each of us will keep the other's non-public business information confidential and use it only for this agreement. This does not apply to information that is public through no fault of the receiving party, that it already had lawfully, or that the law or a court requires it to disclose. Where the law permits, the party disclosing will give the other notice first.

We take reasonable care to keep the Service available, secure and backed up. We do not guarantee that it will always be available or free of errors. We may take it offline for maintenance, outside South African business hours where we reasonably can.

Support is by email on Business Days. We aim to respond within one Business Day.

Each party confirms that it has the authority to enter into this agreement.

Apart from what these terms expressly say, and to the extent the law allows, the Service is provided "as is" and "as available". We give no warranty, express or implied, that it is fit for any particular purpose, meets any law, regulation or standard, is free of errors, or will be available without interruption. We also give no warranty that it will prevent accidents, injuries or non-compliance. The Service does not replace the professional judgement of a competent inspector.

Nothing in these terms limits any right you have under the CPA or ECTA that cannot be excluded by agreement.

We are not liable for any death, injury, damage or loss that arises from the condition, use, failure, inspection, testing or certification of any lifting machinery, lifting tackle or other equipment. We are also not liable for any such loss arising from any decision, act or omission of the Customer, its inspectors or its Clients.

We are not liable for any indirect, consequential or special loss. Nor are we liable for loss of profit, revenue, contracts, clients, goodwill or business, or for business interruption, however it arises. This applies even if we knew such a loss was possible.

Our total liability for all claims arising from or connected with these terms or the Service, whether in contract, delict or otherwise, is limited to the fees the Customer paid us in the 12 months before the event giving rise to the first claim. During a free trial it is limited to R1,000.

Nothing in this clause 18 limits liability for fraud, gross negligence or intentional wrongdoing, or any liability that the law (including section 51 of the CPA) does not allow to be limited.

The Customer indemnifies Altitude Interactive (Pty) Ltd, its directors, employees and contractors, and holds them harmless, against every claim, loss, fine, penalty, cost and expense (including legal costs on the attorney-and-client scale) brought or imposed by anyone else that arises from:

• any inspection, test, certificate, report or decision of the Customer or its inspectors;
• any equipment the Customer inspected or certified;
• Customer Data, or messages sent through the Service on the Customer's behalf; or
• the Customer's breach of these terms or of any law, including POPIA and the Occupational Health and Safety Act.

Anyone else includes Clients, employees, injured persons, insurers and any authority. This indemnity does not apply to the extent a claim arises from our fraud, gross negligence or intentional wrongdoing.

We may make an account read-only, or suspend a login, where:

• fees are unpaid as described in clause 6.5;
• it is reasonably necessary to protect the Service, other Customers or data subjects; or
• we reasonably suspect fraud, false certificates or unlawful use.

Where it is safe to do so, we will tell the Customer first and explain why.

We may end this agreement:

• by written notice, if the Customer commits a material breach and does not remedy it within 10 Business Days of being asked to;
• immediately, in cases of fraud or false certificates, or if the Customer is liquidated, placed under business rescue or sequestrated, or makes a compromise with its creditors; or
• for any other reason, by giving 60 days' notice. In that case we refund any fees paid for the period after the agreement ends.

Whenever the agreement ends, clause 8.5 applies, and so does every clause that by its nature should continue. This includes clauses 4, 8, 13, 14, 15 and 17 to 25.

Neither of us is responsible for failing to perform this agreement because of events beyond our reasonable control. Examples are load-shedding, failures of the power or telecommunications networks or of third-party services, natural disasters, fire, flood, epidemics, strikes, riots, acts of government, and cyber attacks that reasonable safeguards could not prevent. This clause does not excuse payment of fees for a period in which the Service was available.

We improve Loadmark continually and may change its features. We will not remove a core feature of a paid subscription without at least 30 days' notice. The core features are inspections, certificates, reminders and data export.

We may change these terms. For a change that materially affects Customers, we will email the account owner at least 30 days before it takes effect, and publish the new version here with its date. If you don't accept a change, you may cancel before it takes effect. We will then refund any fees paid for the period after the change. If you keep using the Service after a change takes effect, you accept it. Changes that the law requires, or that only correct errors, may take effect immediately.

We send notices by email to the account owner's address in Loadmark. You send notices to simon@altitudeinteractiveweb.com. Under section 23 of ECTA, an email is received when it enters the recipient's information system and can be retrieved and processed there. Keep your contact details up to date.

We choose 8 Jamaican Music Avenue, Mooikloof, Pretoria, South Africa, as our domicilium citandi et executandi (address for service of legal documents). The Customer chooses the physical address in its Loadmark company settings, or, if there is none, its registered address. Either party may change its address by notice. Legal process is properly served if delivered by hand to that address.

These terms are governed by the law of the Republic of South Africa.

If a dispute arises, either party may give the other written notice of it. Senior representatives will then try in good faith to settle it within 10 Business Days. If they can't, either party may go to court. Nothing in this clause stops either party from seeking urgent relief.

Under section 45 of the Magistrates' Courts Act 32 of 1944, both parties consent to the jurisdiction of the Magistrate's Court that has jurisdiction over our address, even where the amount would otherwise exceed its jurisdiction. Either party may instead approach the High Court of South Africa, Gauteng Division, Pretoria.

If the CPA applies to you, nothing in this clause limits your right to approach the National Consumer Commission, the Consumer Goods and Services Ombud, a consumer court or the Information Regulator.

These terms, with the prices referred to in clause 1.3, are the whole agreement between us about the Service. They replace any earlier statements. Neither of us relies on anything not written in them.

Except as clause 22 allows, a change to these terms binds us only if it is in writing and agreed by both parties. An email from an authorised person of each party counts as writing.

If a court finds any part of these terms unenforceable, that part is limited or removed only as far as necessary, and the rest stays in force.

If either of us allows the other extra time or relaxes a right (an indulgence), that is not a waiver of the right.

The Customer may not cede or assign its rights or delegate its obligations without our written consent. We may cede and assign this agreement to anyone who takes over the Loadmark business, after notifying the Customer.

We and the Customer are independent contractors. Only the people named in clause 19 may enforce a benefit in these terms in their own favour, and they don't need to accept it before relying on it.

Headings are for convenience only. "Including" does not limit what comes before it. Where the CPA applies, these terms are interpreted as section 4 of the CPA requires.