Terms and conditions

These terms are a contract between Attendance Tracker and the placement agency that creates an account (“you”). They govern use of the placements application. The Privacy Policy and POPIA notice form part of this contract for personal information.

Who we are

• Registered name: [Registered name to be inserted]
• Registration number: [Registration number to be inserted]
• Physical address: [Physical address to be inserted]
• Email: support@attendancetracker.co.za

Accepting these terms

You accept these terms when you create an account, tick the acceptance box on signup, or keep using the service after we post an update. If you are accepting for an agency, you confirm that you have authority to bind it. If you do not agree, do not create an account.

The service

Attendance Tracker lets a placement agency record host workplaces and learners, take clock-in and clock-out at a host, keep timesheets and reports, and receive sick notes and other supporting documents. Learners do not get an admin account. They clock in with a name and access code, or with a link you send them, and they can upload a document from a link you send them.

Reports are tools for your agency. You remain responsible for the placement, for the host arrangement, and for any employment or learnership law that applies, including the Basic Conditions of Employment Act where it applies. The service is not legal advice.

This application does not take subscription payments in the product. If we agree fees with you separately, those fees are as agreed in that arrangement. These terms still govern use of the service.

Your account

You must give a working email address, a phone number, and an accurate agency name, and you must keep your password confidential. You are responsible for activity under your account, including hosts and learners added by anyone you allow to sign in. Tell us promptly at the support address if you believe the account is being misused.

Learner and host information

You are the responsible party under POPIA for learner and host personal information that you, or a learner, submit. We process it as your operator, only to provide the service. You warrant that:

• You have a lawful basis to collect the information and to give it to us, including for any child, and for health information and verification photos
• Where a learner is a child and POPIA requires it, a competent person has consented, or another legal ground applies, before you add that learner or ask them to upload a document or photo
• You have told learners, or you have another lawful ground, that attendance, SMS, email, location checks, device checks, and document uploads will be used this way
• The information you enter is accurate, and you have the right to use the phone numbers and email addresses you enter

You will deal with learner requests for access or correction. We will assist you where the record sits in the service, as described in the POPIA notice.

Location, devices, and documents

If you save a host location and require a location check, we compare the device location with that host and may refuse a clock-in that is more than about 2 kilometres away. This is a control you configure. It is not continuous tracking.

Mobile clock-in may store a device token and a device signal, and may ask for a photo when the browser is not recognised. Sick notes and other documents are stored so your agency can view them. You must not ask a learner to upload a document or photo unless you have a lawful basis to receive it. You are responsible for telling learners about these checks.

Acceptable use

You must not:

• Use the service to break the law, or to harm learners, hosts, or anyone else
• Share admin access, access codes, or learner links with people who should not have them
• Probe, disrupt, or attempt to bypass security
• Upload malware, or overload the service
• Submit a sick note, photo, or other file you are not allowed to process
• Resell the service or hold yourself out as the operator of it

We may suspend access if we reasonably believe these terms are being broken, or if we must do so to protect the service or other people. We will restore access when the reason for the suspension has been resolved, unless we are ending the contract.

Availability

We work to keep the service available, but we do not promise that it will be uninterrupted or error-free. Maintenance, operator outages, and failures in SMS, email, or maps can interrupt parts of the service. Clock-in times depend on the device clock and on a successful submission.

Our intellectual property

We own the application, the Attendance Tracker name, and the look of the product. We grant you a non-exclusive right to use the service for your own agency while these terms are in force. You keep ownership of the learner and host information you submit. You give us the rights we need to host, back up, and display that information in order to provide the service.

Liability

To the extent the law allows, we are not liable for lost profits, lost data, or indirect or consequential loss, or for placement or employment decisions you make from reports. Where you pay fees for the service, our total liability arising out of the service in any 12-month period is limited to the fees you paid us in that period. Where you do not pay fees, our total liability is limited to R1,000. Nothing in these terms limits liability for fraud, or for death or personal injury caused by negligence, or any other liability that South African law does not allow us to limit.

Ending the contract

You may stop using the service at any time by writing to support@attendancetracker.co.za. We may end the contract if you materially break these terms and do not fix the break within a reasonable time after we notify you, or immediately if the break cannot be fixed or if the law requires us to stop. Sections that by their nature should continue, including learner-information duties and liability, survive the end of the contract.

Changes

We may update these terms by posting a new version on this page. If a change is material, we will also email the account address where that is practical. The new terms apply from the date on the page. If you do not agree, stop using the service and write to us.

Law and disputes

These terms are governed by the law of the Republic of South Africa. You and we submit to the courts of South Africa. Please write to support@attendancetracker.co.za first so we can try to resolve a dispute.