HSE PROMPTS SA

Terms of Service

In accordance with the Consumer Protection Act 68 of 2008, Electronic Communications and Transactions Act 25 of 2002, and the laws of the Republic of South Africa

 

Welcome to HSE Prompts SA. The terms "we", "us" and "our" refer to HSE Prompts SA. We operate this store and website at hseprompts.co.za, including all related information, content, features, tools, products and services (the "Services"), powered by Shopify Inc.

 

These Terms of Service, together with our Privacy Policy and Refund Policy, constitute a binding agreement between you and HSE Prompts SA and are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECT Act), the Protection of Personal Information Act 4 of 2013 (POPIA), and the Copyright Act 98 of 1978.

 

1.1 Age and eligibility

By agreeing to these Terms, you confirm that you are at least 18 years of age, or that you are the parent or guardian of a minor using the Services on a device you own or manage. Our products are professional reference materials intended for adults working in health, safety and environment roles.

 

1.2 Account information

To purchase from our store you may be required to provide your name, email address, billing and payment information. You warrant that all information provided is accurate, current and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer or assign your account to any other person.

 

1.3 Information Officer

For queries about your personal information, contact our Information Officer: monique@safetyark.co.za.

2.1 Nature of products

HSE Prompts SA sells exclusively digital products — PDF ebooks delivered by instant download. No physical goods are dispatched. Product descriptions, page counts and content outlines on our website represent the product accurately and are updated as required.

 

2.2 Product accuracy

We have made every reasonable effort to describe our products accurately. However, as permitted by section 22 of the ECT Act, we reserve the right to correct errors in product descriptions, pricing or availability at any time. Product content is reviewed and updated periodically; you will receive the version current at the time of purchase.

 

2.3 Professional disclaimer

 

2.4 Discontinuation

We reserve the right to discontinue any product or update its content at any time. Where a product you have purchased is materially revised, we will notify registered customers by email.

3.1 Offer and acceptance

In accordance with section 22 of the ECT Act, a binding contract is formed when we send you an order confirmation email. Your placing of an order constitutes an offer to purchase. We reserve the right to decline any order, including where a product is incorrectly priced due to a system error.

 

3.2 Cancellation before acceptance

Under section 43(5) of the ECT Act, you may cancel an order before we have confirmed acceptance, without penalty. Once an order confirmation has been sent and the download link delivered, the contract is complete and our Refund Policy applies.

 

3.3 Personal use licence

Your purchase grants you a personal, non-transferable, non-exclusive licence to use the digital product for your own professional or personal use. You may not resell, redistribute, sublicence, share login credentials, or make the product available to other persons, whether commercially or otherwise. Each licence covers one individual user. For team or corporate licences, contact monique@safetyark.co.za.

 

3.4 Returns and refunds

All purchases are subject to our Refund Policy, which forms part of these Terms and is available at hseprompts.co.za/policies/refund-policy. Digital goods that have been downloaded are subject to the limitations set out in section 44(2) of the ECT Act.

4.1 Pricing

All prices displayed on our store are in South African Rand (ZAR). Prices are inclusive of VAT where applicable, as required by the Value-Added Tax Act 89 of 1991. Where we are VAT registered, our VAT registration number is displayed on tax invoices issued at checkout.

 

4.2 Price changes

We reserve the right to change prices at any time without prior notice. The price charged will be the price displayed at the time your order is placed and confirmed, as set out in your order confirmation email.

 

4.3 Promotions

Promotional pricing is time-limited and subject to separate terms disclosed at the time of the promotion. Promotions cannot be applied retrospectively to completed orders.

 

4.4 Payment processing

Payments are processed securely by PayFast (DPO PayGate (Pty) Ltd), a South African-registered payment service provider, and Shopify Payments. We do not store your card details. By providing payment information, you warrant that you are authorised to use the payment method presented.

 

4.5 Failed or fraudulent transactions

We reserve the right to cancel any order where payment is declined, reversed or identified as potentially fraudulent. Fraudulent transactions may be reported to the South African Police Service and relevant financial institutions.

5.1 Instant delivery

Digital products are delivered by automated download link to the email address provided at checkout, immediately upon payment confirmation. Delivery is deemed complete when the download link is made available to you, in accordance with section 43 of the ECT Act.

 

5.2 Delivery failure

If you do not receive your download link within 30 minutes of payment, please check your spam or junk folder before contacting us. If the issue persists, email monique@safetyark.co.za with your order number. Technical delivery failures that cannot be resolved within 24 hours may qualify for a refund under our Refund Policy.

 

5.3 No physical shipping

We do not dispatch physical goods. Section 5 of the original template referring to shipping carriers and risk of loss does not apply to our business.

6.1 Ownership

All content in our products and on our website, including the SA HSE AI Prompt Handbook series, text, prompts, frameworks, case studies, graphics and design, is the original work of Monique Botha / HSE Prompts SA and is protected by the Copyright Act 98 of 1978 of South Africa and applicable international copyright conventions.

 

6.2 Your licence

Your purchase grants you a personal, non-exclusive, non-transferable licence to use the digital product for your own professional HSE work. You may print one copy for your personal use. You may not:

•       Reproduce, copy, or duplicate the product in whole or in part for distribution to others;

•       Share, upload, or post the product to any website, intranet, cloud storage, or shared drive accessible to third parties;

•       Resell, sublicence, or commercially exploit the product or any portion of it;

•       Remove, alter, or obscure any copyright, trademark or proprietary notices;

•       Use the product to create a competing or derivative commercial product without our prior written consent.

 

6.3 Enforcement

Unauthorised reproduction or distribution of our digital products constitutes copyright infringement under the Copyright Act 98 of 1978 and may result in civil and criminal liability. We actively monitor for infringement and will take legal action where appropriate.

 

6.4 Trademarks

HSE Prompts SA, hseprompts.co.za and related logos and product names are trademarks of HSE Prompts SA. Shopify is a trademark of Shopify Inc. You may not use our trademarks without prior written permission.

Our Services may include links to or integrations with third-party platforms including Shopify, PayFast, Meta, TikTok and email service providers. We do not control these platforms and are not responsible for their content, privacy practices or terms of service. Your use of third-party platforms is at your own risk and subject to their own terms.

 

We do not endorse, warrant or guarantee any third-party products or services linked from our website.

Our store is hosted and powered by Shopify Inc. All sales and purchases are made directly with HSE Prompts SA. Shopify is a technology service provider and is not a party to any transaction between you and HSE Prompts SA. Shopify is not responsible for any aspect of our products, services or transactions, and you release Shopify from any claims arising from your purchase.

All personal information collected through our Services is processed in accordance with our Privacy Policy, which forms part of these Terms and is available at hseprompts.co.za/policies/privacy-policy. We comply with the Protection of Personal Information Act 4 of 2013 (POPIA). By using our Services, you acknowledge that you have read and understood our Privacy Policy.

10.1 Submission

If you submit a product review, testimonial, suggestion or other feedback, you grant HSE Prompts SA a perpetual, royalty-free licence to use, reproduce and display that feedback for marketing, product improvement and operational purposes.

 

10.2 Your warranties

By submitting feedback you confirm that: (a) it is your own original content; (b) it does not infringe any third party's rights; (c) it is not false, defamatory, or misleading; and (d) you have disclosed any compensation or incentive received in connection with the submission, in accordance with the Consumer Protection Act.

 

10.3 Moderation

We reserve the right to remove feedback that is defamatory, unlawful, offensive, or in breach of these Terms. We are under no obligation to respond to or compensate you for feedback submitted.

Despite our best efforts, our website may occasionally contain typographical errors, pricing inaccuracies, or outdated information. We reserve the right to correct any such errors and to cancel orders placed based on incorrect pricing, in accordance with section 22 of the ECT Act. We will notify you and process a full refund if your order is cancelled for this reason.

You agree to use the Services only for lawful purposes. You may not:

•       Use the Services in any manner that violates South African law, including the ECT Act, POPIA, the Cybercrimes Act 19 of 2020, or any applicable regulation;

•       Infringe our intellectual property rights or those of any third party;

•       Transmit any malicious code, virus, or harmful software;

•       Use automated tools, bots, scrapers or AI agents to access, extract or interact with our Services without prior written consent;

•       Attempt to gain unauthorised access to any part of our Services or systems;

•       Engage in fraudulent, deceptive or misleading conduct toward us or other users;

•       Reproduce, resell or exploit any portion of our digital products without authorisation;

•       Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

 

We reserve the right to suspend or terminate your access to the Services without notice if you breach these prohibitions, and to report unlawful conduct to the relevant authorities.

13.1 Scope

This section applies where you use, enable or deploy any automated software, AI agent, web scraper, or autonomous system to access, interact with or extract data from our Services.

 

13.2 Prohibited automated access

No automated agent may access our Services without our prior written consent, and no agent may:

•       Conceal or misrepresent that access is automated;

•       Circumvent CAPTCHAs or other human-verification measures;

•       Scrape, extract or harvest our product content, pricing or descriptions for any purpose;

•       Place or simulate orders, payments or account creation.

 

13.3 Permitted automated access

Search engine crawlers operating in accordance with our robots.txt file, and accessibility tools used by end-users for personal accessibility purposes, are permitted.

Nothing in these Terms limits or excludes any right you have as a consumer under the Consumer Protection Act 68 of 2008 (CPA). In particular:

•       Section 49: You have the right to be given adequate notice of any term that limits our liability, alters the risk or legal position of the consumer, or requires you to acknowledge a fact — those terms are highlighted in this document accordingly;

•       Section 51: Any term that is unconscionable, unjust, unreasonable or inappropriate is void to the extent of that unconscionability;

•       Section 61: We are liable for harm caused by unsafe or defective products, subject to the defences available under the CPA;

•       Section 69: You may resolve any dispute with us through the National Consumer Commission, an accredited industry Ombud, or a consumer court with jurisdiction.

 

We may suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms. You will remain liable for all amounts due at the date of termination. Sections 6 (Intellectual Property), 10 (Feedback), 16 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnification), and 22 (Governing Law) survive termination.

Subject to your rights under the Consumer Protection Act 68 of 2008 and other applicable South African legislation, our Services and digital products are provided on an 'as is' and 'as available' basis. We make no warranties, express or implied, beyond those required by law.

 

To the fullest extent permitted by South African law, and subject to the provisions of the Consumer Protection Act 68 of 2008 that cannot be excluded, HSE Prompts SA's total liability to you for any claim arising from or related to these Terms or our Services will not exceed the amount you paid for the specific product giving rise to the claim.

 

We are not liable for any indirect, consequential, special or punitive loss, including lost profits, lost data, or loss of business opportunity, whether arising in contract, delict or otherwise, even if we have been advised of the possibility of such loss.

 

You agree to indemnify and hold HSE Prompts SA, Shopify, and our respective officers, employees and agents harmless from any loss, damage, liability or expense (including reasonable legal costs) arising from: (a) your breach of these Terms; (b) your violation of any South African law; or (c) your unlawful use of our Services. We will give you prompt written notice of any indemnifiable claim and you will cooperate in the defence of such claim.

If any provision of these Terms is found to be unlawful, void or unenforceable under South African law, that provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and HSE Prompts SA with respect to the Services and supersede all prior agreements. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to any successor entity in connection with a merger, acquisition or sale of assets.

22.1 Governing law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the courts of South Africa.

 

22.2 Dispute resolution

In the event of a dispute, the parties agree to first attempt to resolve the matter amicably by written notice. If the dispute is not resolved within 20 business days, either party may refer it to:

•       The National Consumer Commission (for consumer disputes under the CPA);

•       Mediation through the Arbitration Foundation of Southern Africa (AFSA); or

•       The Magistrates' Court or High Court of South Africa with jurisdiction.

 

22.3 Alternative dispute resolution

We are committed to resolving consumer complaints fairly. If you are dissatisfied with our response to your complaint, you may approach the Consumer Goods and Services Ombud (0860 000 272) or the National Consumer Tribunal.

We reserve the right to update these Terms at any time. We will provide at least 10 business days' notice of material changes by posting a notice on our website and, where you have an account, by email. Your continued use of the Services after the effective date of any change constitutes acceptance of the revised Terms. The current version of these Terms is always available at hseprompts.co.za/policies/terms-of-service.

Questions or complaints about these Terms should be directed to:

 

•       Trading name: HSE Prompts SA

•       Website: hseprompts.co.za

•       Email: monique@safetyark.co.za

•       Address: 4 Sousa Street, Vanderbijlpark, Gauteng, 1900, South Africa

•       Information Officer: Monique Botha — monique@safetyark.co.za