Activation Process

1. Introduction

• These conditions will govern the relation between the Department of Labour and the uFiler for the uFiling Services as rendered by the Department of Labour on the ufiling.gov.za site.
• The uFiler understands that by submitting their application to subscribe to the uFiling Services that they have familiarised themselves with the contents in the Conditions of Use, and that the uFiler intends to be bound by the contents.
• This Agreement will commence when the Department of Labour accepts the uFiler’s request to subscribe to uFiling services, which acceptance will manifest at that point in time when the Department of Labour sends the uFiler an activation confirmation (the “commencement date”).

2. Definitions

• “User” means all persons who access, view, download from, or use the Department of Labour site whether on the Internet or a copy thereof, and “users” includes uFilers;
• "the Department of Labour site” means the website through which the Department of Labour provides uFiling services;
• “uFiler” means a subscriber to the uFiling services;
• “uFiling services” means the electronic filing of Documents as approved by the Department of Labour;
• “the Department of Labour” means the Department of Labour;
• “documents” means such documents or records authorised by the Department of Labour, from time to time, which could be e-Filed;
• “submit” or “submission” means the action whereby the uFiler indicates to the Department of Labour that they want to file documents with the Department of Labour;
• “writing” shall include e-mails, fax or registered post;

3. Application

• These Conditions of Use shall apply to all Users and becomes binding between the Department of Labour and a user immediately upon the user accessing, viewing or using the website or its contents.

4. Electronic Communications

• When a user visits the Department of Labour or sends e-mails to the Department of Labour, that user consents to receiving communications from the Department of Labour electronically and agrees that all agreements, notices, disclosures and other communications sent by the Department of Labour satisfies any legal requirements, including but not limited, to the requirement that such communications are considered to be "in writing" with the same legal stature as a written document.

5. uFiling Agent

• If the uFiler registers on behalf of another person and uses uFiling on behalf of such person, then the uFiler warrants that they have obtained a written mandate from such person, which mandate will contain at least the following conditions:
• The uFiler acts as a duly authorised agent on behalf of other person;
• The uFiler and the other person are jointly and severally liable towards the Department of Labour for all claims that the Department of Labour might have in terms of this agreement against the uFiler and/or the other person, and;
• The uFiler has disclosed the contents of this agreement to the other person.

6. User Name and Password

• On acceptance by the Department of Labour of the Application, the uFiler will be supplied with a user name by such means in such format as the Department of Labour may determine from time to time.
• Unless otherwise specified the uFiler must change the initial password to a unique password of choice when the Department of Labour services are accessed for the first time.
• The uFiler undertakes to ensure that the user name and password are neither easily accessible nor disclosed to anyone. Storing the username and/or password on a computer or network will be regarded as prima facie negligence.
• The uFiler undertakes to report any actual or attempted unauthorised access to the Department of Labour, without delay, via the support desk of the Department of Labour and provide the Department of Labour with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of notification, the Department of Labour reserves the right to deactivate the user name and/or password without further notice.
• The uFiler undertakes to report any compromise or unauthorised disclosure of the user name and/or password to the Department of Labour, without delay, via the support desk at the Department of Labour and provide the Department of Labour with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of notification, the Department of Labour reserves the right to deactivate the user name and/or password without further notice.
• The Department of Labour may at its sole discretion and for whatever reason require an uFiler to change their user name and/or password from time to time and the uFiler undertakes to unconditionally comply with such a requirement.

7. Service Information

• The uFiler acknowledges that they are solely responsible for the accuracy and correctness of all information submitted to the Department of Labour for uFiling.
• The Department of Labour will verify the information to ensure that it is in the correct format for submission.

8. uFiling, Payment and Relation to the Department of Labour

• As part of its uFiling service offering, the Department of Labour will co-operate with various banks (the “bank”) to enable the uFiler to make any payments due to the Department of Labour and to reconcile such payments with the uFiler’s documents.
• The uFiler understands that they enter into a direct agreement with the bank and that the Department of Labour is not a party to that agreement.

9. Duties of the Department of Labour

• The Department of Labour uFiling service facilities to the uFiler to complete submissions, store such submissions and provide on-line inquiry facilities to view such submissions.
• The Department of Labour uFiling service will forward the documents as completed by the uFiler upon the uFilers request to do so, to the relevant system and confirm within a reasonable time to the uFiler whether it has been accepted and processed.
• If the uFiler elects to make payments to the Department of Labour through one of the uFiling payment services, the Department of Labour uFiling service will keep a record of such payments provided that the uFiler complies with the prescribed procedures for such payments.

10. Disputes

• The uFiler will refer any dispute that might arise out of this Agreement to the operations manager of the Department of Labour, who will attempt to resolve the dispute through settlement, negotiation or mediation.
• If the dispute has not been resolved within 10 (ten) business days after it was referred to the operations manager. The uFiler can institute legal action to pursue its claim.

11. Information and Privacy

• The Department of Labour understands that the information provided by the uFiler to the Department of Labour for uFiling (the “information”), includes private and sensitive information. the Department of Labour will, save for the circumstances as set out in clause 11 bullet 2 below, not share any such information with any third party without the prior written consent of the uFiler.
• The Department of Labour will only disclose the information to a third party:
  • to perform the uFiling Services;
  • if the Department of Labour is required by law or court order to disclose the information; and/or
• The Department of Labour will store the information on its system for a period of 12 (twelve) months after the termination of this agreement, or for a period of 5 (five) years after an uFiling was made if this agreement remains in force for longer than 5 (years) whichever might be the case.
• Although the Department of Labour will take all reasonable measures to ensure that the information will not be compromised, the uFiler acknowledges that they need to keep copies of the information under their own control in order to mitigate potential damages that might result from a loss or corruption of information.

12. Use of User Information by the Department of Labour

• The Department of Labour may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.
• The Department of Labour will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or the violation or threatening of rights of any person or entity, and to maintain and use such information and records internally.
• The Department of Labour may also provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
• The user acknowledges:
  • that communications within the information service may be monitored or reviewed for quality control and other reasonable business and/or legal purposes;
  • The use of user information and the disposal or dissemination thereof shall not constitute invasion of privacy by the Department of Labour.

13. Use of Software

• Users are required to use and maintain only hardware and software of sufficient minimum quality and performance capabilities as indicated on the Department of Labour home page and to use only the specified makes and versions of Internet browser software. Users acknowledge that their failure to use a specified browser may result in a higher security risk and/or cause or all of the functionality of the website not to operate properly or at all.
• Software, if any, made available for download or on or via the website is governed by the license conditions establishing a legal relationship between the User and the licensor of such software. The user indemnifies the Department of Labour against any breach of such license conditions.
• The Department of Labour gives no warranty and makes no representation, whether express or implied, as to the quality or fitness for purpose or use of such software.

14. Unavailability of the Department of Labour uFiling services

• The Department of Labour shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the uFiling services with prior written notification and provide reason for such termination or suspension. However, without prejudice to the foregoing, the Department of Labour will not exercise its rights in terms of this clause without just cause.
• The user acknowledges and accepts that the Department of Labour service may become unavailable from time-to-time due to various circumstances, including:
  • technical failure or problems with the Department of Labour;
  • infrastructure: technical problems with third party information technology systems;
  • unavailability of telecommunication or electricity services;
  • or other circumstances beyond the control of the Department of Labour.
• Without derogating from the provisions of this clause, the user undertakes to limit their potential losses caused by any unavailability of the uFiling Services by making use of alternative methods of submitting.

15. No Warranties or Representations

• The Conditions of Use evidences the sole terms and conditions governing the Department of Labour Services.
• Users acknowledge and agree that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials, granted or made by the Department of Labour, its employees, agents or advisors which are not stated in the Conditions of Use shall not be valid and enforceable and Users shall not hold the Department of Labour liable to any such warranty or representation, whether made prior to, during or after concluding the Conditions of Use.
• The Department of Labour site and the uFiling services are provided "as is" and the Department of Labour makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:-
  • the Department of Labour does not warrant that the website; its contents; the third party content and services; payment or the uFiling services will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. the Department of Labour expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
  • whilst the Department of Labour has taken reasonable measures to ensure the integrity of the website and the uFiling services, no warranty, whether express or implied is given that any files, downloads or applications available via the website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of a user’s system.

16. Governing Law and Jurisdiction

• These conditions are governed by the laws of the Republic of South Africa.