These Terms of Service (“Terms”) govern the use of the Hazard0 platform at hazard0.co.za (“the Service”), operated by Y.S. Ghoolam trading as Hazard0 (“Hazard0”, “we”, “us”). By registering an account or using the Service, you agree to these Terms on behalf of yourself and the organisation you represent (“the Customer”, “you”). If you do not have authority to bind that organisation, do not register.
Hazard0 is a software platform that assists organisations in creating, managing and storing occupational health and safety compliance documentation, including risk assessments, inspection checklists, appointment letters and medical surveillance records.
Important — the Service is a tool, not advice. Hazard0 does not provide legal, professional or occupational health and safety advice. Use of the Service does not guarantee compliance with the Occupational Health and Safety Act 85 of 1993, its regulations, or any other law. The Customer remains solely responsible for its legal compliance, for the accuracy and completeness of all information entered into the Service, and for the suitability of any document generated by the Service for its intended purpose. Documents generated by the Service should be reviewed by a competent person before use.
You must provide accurate registration information and keep login credentials confidential. You are responsible for all activity under your organisation's account. You may not: use the Service unlawfully; upload malicious code; attempt to access other organisations' data; resell or sublicense access without our written agreement; or use automated means to scrape or copy the Service. We may suspend or terminate accounts that materially breach these Terms, after notice where reasonably practicable.
New subscriptions include a 7 (seven) day free trial. A valid payment card is required to start the trial; the card is captured and securely tokenised by PayFast and nothing is charged when the trial starts. If you do not cancel before the trial ends, the first subscription payment is processed automatically at the end of the trial. You may cancel at any time during the trial at no charge.
Subscription fees for each plan are as published at hazard0.co.za at the time of subscription. Fees are charged monthly in advance by recurring card billing processed by PayFast (Pty) Ltd. Hazard0 does not store card details.
We may change subscription fees on not less than 30 days' written notice. Continued use after the effective date constitutes acceptance; you may cancel before then.
You may cancel at any time. Cancellation takes effect at the end of the current billing period; you retain access until then. Fees already paid are non-refundable except where required by law.
If a recurring payment fails, we may retry it and will notify you. Continued non-payment may result in suspension of access after notice.
Promotional pricing (including Founding Member pricing) applies for the period and on the conditions stated in the promotional offer.
All data, documents and records the Customer creates or uploads on the Service (“Customer Data”) remain the property of the Customer. Hazard0 claims no ownership of Customer Data and uses it only to provide the Service, in accordance with the Data Processing Annex below.
The Customer may export its documents at any time while its account is active and for 60 days after cancellation or termination, after which Customer Data is deleted from the live platform in accordance with our Privacy Policy. The Customer is responsible for exporting records it is legally required to retain before that period expires.
We will use commercially reasonable efforts to keep the Service available, but the Service is provided on an “as is” and “as available” basis. We do not warrant uninterrupted or error-free operation. We may perform maintenance, and will use reasonable efforts to minimise disruption. Support is provided by email at support@hazard0.co.za during South African business hours.
To the maximum extent permitted by law (including, where applicable, the Consumer Protection Act 68 of 2008):
Hazard0 shall not be liable for any indirect, consequential or special damages, loss of profits, loss of business, or loss of data (where the Customer failed to export available data), arising from or in connection with the Service.
Hazard0 shall not be liable for any fine, penalty, prosecution, compliance failure or enforcement action suffered by the Customer under occupational health and safety or other legislation. Responsibility for legal compliance rests with the Customer at all times.
Hazard0's total aggregate liability arising from or in connection with the Service shall not exceed the total subscription fees paid by the Customer in the 12 (twelve) months preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for gross negligence or wilful misconduct.
The Customer indemnifies Hazard0 against claims by third parties (including the Customer's employees and data subjects) arising from: Customer Data uploaded without a lawful basis; the Customer's breach of POPIA as responsible party; or the Customer's unlawful use of the Service.
The Service, its software, design and content (excluding Customer Data) are the property of Y.S. Ghoolam trading as Hazard0. “Hazard0” is a trademark of Y.S. Ghoolam (application no. 2026/21640). The Customer receives a limited, non-exclusive, non-transferable right to use the Service for its internal business purposes for the duration of its subscription.
These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the South African courts. If any provision is unenforceable, the remainder survives. These Terms, the Privacy Policy and the Data Processing Annex constitute the entire agreement. We may update these Terms on 30 days' notice for material changes; the current version is always at hazard0.co.za/legal/terms.html.
This Annex forms part of the Terms of Service and governs Hazard0's processing of personal information contained in Customer Data.
1. Roles. The Customer is the responsible party in respect of personal information in Customer Data (including employee and medical surveillance records). Hazard0 is the operator in terms of sections 20 and 21 of POPIA.
2. Written mandate. This Annex constitutes the written contract required by section 21(1) of POPIA.
3. Instructions. Hazard0 processes personal information in Customer Data only for the purpose of providing the Service and only on the Customer's instructions given through use of the Service, and treats it as confidential.
4. Security. Hazard0 maintains the security measures described in the Privacy Policy, including encrypted transmission, authenticated access control, per-organisation segregation of stored files, and daily backups within South Africa.
5. Security compromises. Hazard0 will notify the Customer as soon as reasonably possible where there are reasonable grounds to believe personal information in Customer Data has been accessed or acquired by an unauthorised person (section 21(2)), and will provide reasonable assistance with the Customer's obligations under section 22.
6. Sub-operators. The Customer authorises the use of xneelo (Pty) Ltd (hosting, South Africa) and PayFast (Pty) Ltd (payment processing) as sub-operators. Hazard0 will give notice before adding sub-operators that process Customer Data.
7. Data subject requests. Hazard0 will refer data subject requests relating to Customer Data to the Customer and provide reasonable assistance.
8. Location. Personal information in Customer Data is processed and stored only within South Africa and will not be transferred outside South Africa without the Customer's prior written consent.
9. Customer warranties. The Customer warrants that it has a lawful basis under POPIA (including, where applicable, sections 26, 27 and 32 relating to special personal information and health information processed in the employment context) for all personal information it uploads, and that it has provided any required notifications to its data subjects.
10. Deletion. On termination and expiry of the 60-day export period, Hazard0 deletes personal information in Customer Data from the live platform, save where retention is required by law.