openHR and its owners (also known as "we" or "us") plan to offer you (also referred to as "you" or "user") access to a specific site, app, and related services (collectively called "Services"). These are subject to the terms and conditions below, including all related documents, policies, and guidelines. Please read this agreement carefully and refer to these terms and conditions ("Terms of Use") as you explore and use the Services. The Terms of Use outline the conditions under which openHR agrees to give you access to the Services. If you disagree with any part of this, or don't want to accept these conditions, please don't use the Services. By using the Services, you're agreeing to the Terms of Use.
openHR was created to help small businesses get affordable access to payroll and HR software. It is solely intended for small businesses. Any business of any size or person or sole proprietor may create an account. Large businesses may be limited or restricted to our services and products. Small businesses are vital to economic growth, we would like to ease the burden for these businesses.
1. Registration, Account, Password, and Security.
You might get an openHR account when you register for the Services. You should activate your openHR account promptly from the date it's assigned or created, or openHR may remove or disallow the account. You might need to provide certain personal information and undergo related verifications, as required by certain regulations. You agree that you're at least 18 years old and/or legally able to enter a contract. You agree to (i) provide true, accurate, current, and complete information about yourself, (ii) complete additional verification of your personal information as required, and (iii) keep your data true, accurate, current, and complete. openHR has the right to contact you directly to provide assistance if you encounter problems using our Services. You acknowledge that accurate information is crucial for us to solve your problems and improve our Services. You'll bear all responsibility and liability that may arise from your failure to provide true, accurate, current, and complete information, and to keep such information updated. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, outdated, or incomplete, we may suspend or terminate your account or Services, or any part thereof.
If you use any part of the Services that requires a login email or password, you're responsible for keeping your email and password confidential and for restricting access to your device. You agree that you're solely responsible for any liability or damages resulting from your failure to maintain that confidentiality, and for all activities that occur under your account or password. You agree to (i) immediately notify openHR of any unauthorised use of your account or password or any other security breach, and (ii) ensure that you log out from your account at the end of each session of Services. openHR reserves the right to take any action, as deemed necessary or reasonable, to ensure the security of your account and the Services, including, without limitation, suspending or terminating your account, changing your password, or requesting additional information to authorise transactions on your account. openHR won't be liable for any loss or damage arising from your failure to comply with this section. It's advised that you regularly change your password and not re-use any passwords.
2. Services.
We're committed to offering the best Services for our customers. To ensure high quality and reliability, the server-side software might be updated automatically without prior notice. As part of this process, we'll do our best to minimize disruptions to your use of and access to our Services. As far as the law allows, openHR can, at its sole discretion and without notice, change, add, or remove features, services, and functionality of the Services. openHR isn't obligated to provide any or all features, services, and functionality for the Services and may decide to stop providing software updates to certain Services.
Please note that openHR and most of its services are provided "as-is", and might be in beta testing. While we strive to ensure accurate results, it's your responsibility to verify that calculations are correct. Ultimately, the user bears all legal responsibility for the use of this software.
3. Usage.
i. Lawful Use Only. You can only use our Services and your device in ways that are legal, proper, and appropriate.
ii. Monitoring. We might monitor the use of our Services for violations of the Terms of Use. We might remove or block all communications if we suspect a violation, or if we need to protect our Services, or openHR, its parent, affiliates, directors, officers, agents, and employees.
iii. Sharing Information with Authorities and Third Parties. If we think you've used our services or your device unlawfully, we might share the relevant communications and other information, including your identity, with the appropriate authorities for investigation and prosecution. You agree to us sharing any such communications and information with these authorities. Also, we might disclose your name, phone number, and other personal information, any communications sent or received by you, and any other information about your account, including but not limited to, the type of service, length of service, IP address, email address, and all other account information, as follows:
iii.a. in response to requests from law enforcement or other government agencies;
iii.b. as required by law, regulation, rule, subpoena, search warrant, or court order;
iii.c. as needed to identify, contact, or take legal action against someone who might be misusing the Services;
iii.d. to protect openHR's rights and property; or
iii.e. in emergency situations where sharing such information is necessary to protect openHR customers or third parties from immediate harm.
iv. Notifications. Notifications and alerts from the Services are just for information. You agree not to rely on the Services for critical or life safety matters. Remote access and notifications aren't 100% available or reliable. openHR doesn't guarantee you'll receive notifications in any specific time frame or at all.
v. Accessibility. openHR aims for the Services and other supporting applications to be reliable, accessible, and available, but they're not meant to be reliable or available 100% of the time. The Services and supporting applications can fail, be interrupted, or be unavailable beyond openHR’s control. You acknowledge these limitations and agree that openHR isn't responsible for any damages allegedly caused by the failure or delay of the Services and other supporting applications.
4. Cookies.
The software works with Edge, Firefox, Chrome, and Safari.
Cookies and other browser storage might stay on your computer and can be removed using normal browser processes. Please see our complete Cookie Policy.
5. Copyright and Ownership Rights Notice.
openHR allows you to copy materials they've published on their Services, but only for non-commercial use and to support openHR Services. If you do copy these materials, you must keep all copyright and other ownership notices just as they are in the original.
All content, materials, logos, service marks, and trademarks from the Services belong to openHR. They are protected by laws about trademarks, copyrights, or other ownership rights, and by international agreements. Unless openHR says otherwise, they don't give you any rights to use any patents, copyrights, trademarks, or other ownership rights in the Services. If you infringe these rights, you could face legal action.
6. Disclaimers.
i. As-Is Services: openHR provides its services and information "as is" and "as available". We don't make any promises about the services, including any implied warranties or guarantees. We also don't promise that the services will be without issues, meet your needs, or work with your home network, computer, or mobile device.
ii. No Liability: openHR won't be responsible for any loss or damage caused by the distribution of intercepted personal information.
iii. Risk Acknowledgement: Some of openHR's services and communications may not be encrypted, and information may be intercepted during transmission. openHR doesn't guarantee complete security. You agree to take on all risk associated with unauthorised access to your information during transmission.
iv. No Responsibility for Unauthorised Access: openHR and its associates won't be liable for unauthorised access to your transmission facilities or premises equipment, or for unauthorised access to, or alteration, theft, or destruction of, your data files, programs, procedures, or information, regardless of whether such damage occurs as a result of openHR's negligence.
v. No Warranty: Any statements and descriptions concerning openHR's services or device are informational and are not given as a warranty of any kind.
vi. No Responsibility for Accuracy: openHR tries to provide accurate information regarding the services, but they don't take responsibility for the accuracy of the information. They may change the programs or products mentioned at any time without notice.
vii. Not for Medical or Personal Property Protection: openHR's services are not designed, intended, or authorised for use in any medical, life-saving, or life-sustaining systems, or for any other application where the failure of the product could cause personal injury or death, or for protection of personal property. If you use openHR services in such environments, you do so at your own risk. You agree to indemnify and hold openHR harmless against all claims, costs, damages, and expenses, and attorney fees arising out of any claim associated with such unintended or unauthorised use.
7. Limitation of Liability.
openHR and its team won't be responsible for any damages, including but not limited to loss of goodwill, profit, or data, or business interruption, arising from the use or inability to use the services, loss of content, and unauthorised access to or alteration of your data. They also don't promise that the software or services will be free of vulnerability to intrusion, attack, or capturing of data, including personal information.
8. Contributions.
openHR welcomes your comments and feedback regarding their Services. You're responsible for all your contributions to their Services, and you have all rights necessary to do so. Your contributions should not contain confidential or proprietary information. openHR is not under any obligation of confidentiality with respect to the contributions. They can use or disclose such contributions for any purpose, in any way, in any media worldwide. Your contributions automatically become the property of openHR without any obligation of openHR to you, and you're not entitled to any compensation or reimbursement of any kind from openHR under any circumstances.
9. User Responsibilities.
You promise that you are old enough and have the legal rights to agree to and follow the Terms of Use. You've read and fully understand the Terms of Use. You'll only use the Services legally and according to the Terms of Use and all laws. You agree not to use any device or process to interfere with the Services. openHR can limit, suspend, or end our Services and user accounts, block access to our website, delay or remove hosted content, and take steps to stop users from accessing the Services if they believe users are causing problems or potential legal issues, or are not following our policies. We also have the right to cancel unconfirmed or inactive accounts. You understand that any personal information or data in these cancelled accounts may not be recovered. openHR will not provide insurance for losses associated with your use of our Services. It's your responsibility to provide insurance to protect against any risk of loss, if you want. If there's any loss, damage or injury, you won't ask openHR to compensate you or anyone else. You give up all rights to recover against openHR as a result of the payment of any claim for loss, damage or injury.
10. Collection and Use of Personal Information.
openHR has a privacy policy that explains how they collect and use personal information of customers and web visitors. We encourage you to review the Privacy Policy before providing any personal information using the Services. The Services use the public Internet and third party networks to transmit communications. openHR is not responsible for any lack of privacy you may experience from using our Services. Please refer to our Privacy Policy for more information.
11. Third Parties.
openHR may provide links to other sites that they think may be relevant and interesting to users. openHR is not responsible for the content from these sites and is not responsible for the accuracy of the information there. Some of these sites may provide you with opportunities to purchase products. openHR does not endorse any of the products nor do they make any promises or warranties in connection with the products.
12. Open Source.
Some parts of openHR Services are subject to the GNU General Public License ("GPL") or other open source licenses. The Terms of Use don't limit your right to use, change and distribute these open source parts that are subject to the terms of GPL or other open source licenses.
13. International Use.
You agree that the Services might not work outside the regions where the Services are targeted. The same applies to the performance and quality of the Services. openHR is not responsible for any damage or loss caused by you accessing Services outside the regions where the Services are targeted.
14. Indemnity.
You will protect and hold harmless openHR and its team, and any other service provider who provides Services to you for us, from and against any and all claims, losses, damages, fines, penalties, costs, and expenses:
i. made by any third party due to or arising out of your breach of the Terms of Use, or your violation of any law or the rights of a third party, and
ii. incurred by, or on behalf of, you or any third party or user of our Services, relating to our Services, including, without limitation, or your device, or use of our Services by you or others using your account.
openHR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify openHR and you agree to cooperate with our defense of such claims. You agree not to settle any claim without openHR's prior written consent. However, openHR is not responsible for any infringement related to or resulting from, either direct or indirect, use of the Services, or otherwise.
15. Waiver.
You give up all claims or causes of action arising from or relating to our Service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
16. Liability for Content.
openHR doesn't claim ownership of content like photos, messages, information or materials you submit or make available for or through the Services. But, you give openHR a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicensable and transferable license to use and manipulate such content just for the purpose of providing you the Services. You give openHR the irrevocable right to keep a copy of such content for all legitimate business reasons and also archival and legal purposes. If you use a third-party platform, you may need to give it permission to access your content for the platform to work. Your agreement with the platform provider will control how the platform can use, store, and transfer that content. You're responsible for all liability that may arise from the content transmitted to any person, whether or not you authorise it, using the Services. You promise that you and anyone who uses the Services and all your and their content will follow all laws, regulations, and written and electronic terms and conditions for using the Services. You'll also follow all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services, and won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes any content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, and in any way that violates any third party right. You're responsible for all your activities in connection with the Services. We have the right to remove any content at any time that we believe is illegal, inappropriate, in violation of the terms in this section.
17. Service Subscription Fees.
Some Services provided by openHR may require a continuing subscription. By using the Services, you agree to pay your subscription fee in advance. Your subscription fee will cover the Services and period covered in your subscription plan and doesn't include any services, features or functionality other than the openHR Services as defined in your plan. If you register for the openHR Services under a promotional subscription, some additional restrictions may apply. openHR reserves the right to offer different levels and services and further reserves the right to modify, change or cancel the subscription plans at any time.
18. Authorization for Payment.
openHR uses third-party payment providers. You need to read, understand and agree to the payment provider’s terms of service. If your subscription plan requires recurring payments, you agree that payment providers may automatically charge the subscription fee to your provided payment method. You must cancel the subscription before the subscription fee is charged. If you're on a promotional rate, any renewals will be charged at the then effective subscription fee. You can use your Services if your payment method has been processed and your account is in good standing. openHR may change the Services fees or charge additional fees for features and functionalities that are not a part of the Services. Such changes and charges will generally not take place until the renewal date for your subscription. If you're not happy with the fee changes or additional charges, you can stop using the Services. openHR may suspend or terminate your Services without notice if any payment method is rejected or if your payment provider seeks the return of payments previously made to openHR for openHR Services.
19. Force Majeure.
openHR won't be liable for any failure or delay in the performance of obligations due to events beyond their reasonable control, such as strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or services. openHR also won't be liable for the loss of Services due to power failure or disruption, internet outage or suspension or termination of your broadband service or ISP service, your ISP or broadband provider's blocking of ports or other acts, or maintenance by your ISP, broadband provider, DNS server, gateway or openHR.
20. Governing Law and Jurisdiction.
Claims related to or arising under the Terms of Use will be governed by the laws of South Africa. Your use of the Services or products may be subject to other local, state, national, and international laws. You agree to submit to exclusive jurisdiction of South African Western Cape Strand Magistrates' Court for any claim or dispute arising out of or related to the Terms of Use, including claims related to the Services. You further agree and expressly consent to the exercise of personal jurisdiction in South Africa Western Cape Strand Magistrates' Court in connection with any such dispute. By accepting these terms, you and openHR are each giving up the right to participate in a class action lawsuit.
21. Miscellaneous.
If we don't act on a breach of these terms, it doesn't mean we won't act if it happens again. If a court finds any part of these terms invalid, the rest still apply. The headings are just for reference and don't limit the sections. Should you attempt to, or access any data you do not have the right to access you accept all related to costs for forensics and recovery.
22. Entire Agreement.
These terms, including any future changes and the rates for services on openHR sites, are the full agreement between you and openHR. They replace all previous agreements and understandings.
23. Changes to Agreement.
We can change these terms at any time by posting the new version on our site. If you keep using the services, you accept the new terms. We'll post a notice if we make significant changes.
24. Survival.
Some parts of these terms are meant to continue even after the terms end.
25. Termination of Services.
We can stop providing services at any time. We can also disconnect your services without notice for reasons like suspected unlawful use, non-payment, or if you violate any laws. We're not liable for any loss or damage from ending services or your account.
26. Assignment and Third Party Beneficiaries.
You can't transfer your rights or obligations under these terms and no agent is allowed to provide you consent. We can transfer these terms without restriction. If you're not a party to these terms, you don't have any rights or claims.
27. Contact.
If you have questions or concerns, contact us using the details on the contact page. Don't use social media for official communication or legal purposes. For urgent technical support, use text-based WhatsApp or email. Voice messages are only for those with legal medical requirements. Don't contact us or read our communication from us in a dangerous environment.