Terms of Service

1. Definitions

In these Terms, the following capitalised words have the meanings set out below:

• "Zimela", "we", "us", or "our" refers to Zimela Stocktake System, a product of Worksolutions (Pty) Ltd, a company incorporated in South Africa.
• "Platform" means the Zimela Stocktake System web application, APIs, and any related software.
• "User", "you", or "your" refers to any individual or entity that accesses or uses the Platform.
• "Tenant" means a business or organisation that subscribes to the Platform on behalf of its users.
• "Content" means any data, text, information, or material you upload to or generate within the Platform.
• "Subscription" means a paid or free-tier plan that grants access to the Platform.

2. Acceptance of Terms

By registering for, accessing, or using the Platform you confirm that:

• You are at least 18 years of age, or are accessing the Platform on behalf of a legal entity with authority to bind that entity to these Terms.
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.
• If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to do so.

If you do not agree with any part of these Terms, you must not use the Platform.

3. Description of Services

Zimela Stocktake System is a cloud-based inventory and stocktaking management platform designed for South African and global retail environments. Key capabilities include:

• Inventory management, product cataloguing, and barcode scanning.
• Stocktake session management and variance reporting.
• Multi-location store management and inter-store transfers.
• Role-based user access and audit logging.
• Offline-capable Progressive Web App (PWA) functionality.
• Integration with third-party POS, ERP, and e-commerce systems (where applicable).
• White-label capabilities for resellers and agencies.

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with reasonable notice where practicable.

4. User Accounts & Access

4.1 Registration

To access the Platform you must create an account. You agree to provide accurate, current, and complete information and to keep it updated.

4.2 Credentials

You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at support@zimelastocktake.co.za if you suspect any unauthorised access to your account.

4.3 Tenant Administrators

If you are a Tenant Administrator, you are responsible for managing access rights for all users within your organisation and ensuring they comply with these Terms.

4.4 Demo Accounts

Demo accounts are provided for evaluation purposes only and may contain fictitious data. Demo accounts may be terminated at any time without notice.

5. Acceptable Use

You agree not to use the Platform to:

• Violate any applicable law or regulation, including the Protection of Personal Information Act 4 of 2013 (POPIA) and the Consumer Protection Act 68 of 2008.
• Upload or transmit unlawful, harmful, fraudulent, or misleading content.
• Attempt to gain unauthorised access to the Platform or its underlying systems.
• Reverse-engineer, decompile, or disassemble any part of the Platform.
• Introduce malware, viruses, or any other malicious code.
• Interfere with the proper operation of the Platform or impose an unreasonable load on our infrastructure.
• Resell or sublicense access to the Platform without a written white-label agreement.
• Use the Platform to facilitate fraudulent stock adjustments or other financial misconduct.

Breach of this clause may result in immediate suspension or termination of your account.

6. Intellectual Property

6.1 Our IP

All rights, title, and interest in and to the Platform, including all software, design, trademarks, and documentation, are owned by or licensed to Zimela / Worksolutions (Pty) Ltd. Nothing in these Terms transfers any ownership rights to you.

6.2 Your Content

You retain ownership of all Content you upload to the Platform. By uploading Content you grant us a non-exclusive, royalty-free licence to host, store, and process that Content solely for the purpose of providing the Platform to you.

6.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without restriction or compensation to you.

7. Data & Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We process personal information in accordance with POPIA.

You acknowledge that:

• You are responsible for obtaining any necessary consents from your employees and customers whose personal information you process through the Platform.
• We act as an operator in respect of personal information processed on your behalf and you are the responsible party.
• We implement reasonable technical and organisational measures to protect your data.

8. Payment & Billing

8.1 Subscriptions

Paid subscriptions are billed in advance on a monthly or annual basis. All fees are stated in South African Rand (ZAR) and are exclusive of VAT unless otherwise indicated.

8.2 Upgrades & Downgrades

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the next billing cycle.

8.3 Refunds

Fees are non-refundable except where required by the Consumer Protection Act or other applicable law.

8.4 Late Payment

We reserve the right to suspend access to the Platform if payment is not received within 14 days of the due date.

8.5 Price Changes

We will give you at least 30 days' notice of any change to subscription pricing.

9. Disclaimers & Limitation of Liability

9.1 "As Is" Basis

The Platform is provided "as is" and "as available" without any warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Availability

We do not guarantee uninterrupted or error-free operation of the Platform. Planned maintenance will be communicated in advance where practicable.

9.3 Limitation

To the maximum extent permitted by South African law, our aggregate liability to you for any claim arising out of or related to these Terms or the Platform will not exceed the total fees you paid us in the 12 months preceding the claim.

9.4 Exclusions

We will not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

10. Termination

Either party may terminate the agreement by giving 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms or if required by law.

Upon termination:

• Your right to access the Platform ceases immediately.
• You may request an export of your data within 30 days of termination. After that period we may delete your data in accordance with our data retention policy.
• Provisions that by their nature should survive termination (including IP, limitation of liability, and governing law) shall do so.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

Before commencing formal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days.

12. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice within the Platform at least 14 days before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

13. Contact

If you have any questions about these Terms, please contact us: