Terms of Service
Last updated: 15 November 2024
These Terms of Service ("Terms") govern your use of the MySafetyFile website (mysafetyfile.co.za) and application platform (app.mysafetyfile.co.za), operated by My Safety File, a division of Business Made Safe Holdings (Pty) Ltd ("MySafetyFile", "we", "us", or "our").
By registering an account or using our services, you agree to these Terms. If you do not agree, do not use our platform.
1. The service
MySafetyFile provides an automated platform for generating construction health and safety files in accordance with the Occupational Health and Safety Act 85 of 1993 (OHS Act) and the Construction Regulations 2014. The platform generates site-specific documentation based on the project details you provide.
Our service is intended for use by contractors, safety consultants, and other persons responsible for health and safety compliance on construction sites in South Africa.
2. Account registration
To use our platform you must register a free account. You agree to:
- Provide accurate and complete registration information
- Keep your account credentials confidential
- Notify us immediately if you suspect unauthorised use of your account
- Be responsible for all activity conducted through your account
You must be at least 18 years old and legally capable of entering into a binding agreement to register an account.
3. Payment and fees
The current fee for generating a safety file is R500 (South African rand)per file. This is a once-off payment — there are no monthly fees or subscriptions unless you have elected to participate in a members discount programme.
Payment is required before a completed safety file is made available for download. We accept Visa, Mastercard, Zapper, InstantEFT, SnapScan, and Mobicred. All transactions are processed in ZAR.
We reserve the right to change pricing with reasonable notice. Price changes will not affect files that have already been paid for.
Refund policy
Because safety file documents are generated and delivered digitally upon payment, we do not offer refunds once a file has been generated and made available for download. If you experience a technical failure that prevents delivery of your file, contact us at info@mysafetyfile.co.za and we will resolve it.
4. Your responsibilities
The accuracy and completeness of the project details you provide are your responsibility. MySafetyFile generates documents based on the information you enter. If the information you provide is incorrect or incomplete, the resulting documents may not accurately reflect the conditions on your site.
You are responsible for:
- Entering correct site-specific information
- Reviewing the generated documents before use
- Ensuring the generated file is submitted to the relevant client for approval before construction commences
- Keeping the file updated as site conditions change
- Ensuring appointed persons have the required qualifications and competencies
5. No legal or professional advice
MySafetyFile is a document generation tool. The content of this website and the documents generated by our platform do not constitute legal advice, occupational health and safety consulting advice, or professional advice of any kind.
If you require professional advice on OHS compliance, you should consult a registered safety consultant or other qualified professional. Our platform is designed to assist contractors in meeting documentation requirements — it does not replace professional safety management on site.
6. Compliance disclaimer
MySafetyFile generates documentation that is designed to meet the requirements of the OHS Act 85 of 1993 and the Construction Regulations 2014. However, we make no guarantee that a generated safety file will be accepted by any specific client, principal contractor, or Department of Employment and Labour inspector in all circumstances.
Compliance ultimately depends on how the file is implemented and maintained on site. A document is not a substitute for actual safe practices.
7. Intellectual property
The MySafetyFile platform, its design, and its underlying software are owned by Business Made Safe Holdings (Pty) Ltd. All rights reserved.
The safety file documents generated through our platform using your project-specific information are yours to use for the purposes for which they were generated. You may not resell, redistribute, or sublicense the document templates themselves.
8. Reseller programme
Participation in the MySafetyFile reseller programme is subject to a separate Reseller Agreement. Commission rates, payment terms, and programme conditions are set out in that agreement. We reserve the right to modify the reseller programme with reasonable notice to active resellers.
9. Limitation of liability
To the maximum extent permitted by South African law, MySafetyFile and its directors, employees, and agents will not be liable for:
- Any indirect, consequential, or incidental damages arising from your use of our platform
- Any loss arising from reliance on documents generated by our platform without appropriate professional review
- Any failure to achieve compliance with specific client or regulatory requirements
- Any loss of data due to technical failures beyond our reasonable control
Our total liability in connection with these Terms is limited to the amount you paid for the specific safety file in respect of which the claim arises.
10. Termination
We may suspend or terminate your account if you breach these Terms or if we reasonably suspect fraudulent activity. You may close your account at any time by contacting us. Termination does not affect any rights or obligations that arose before termination.
11. Governing law
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms will be subject to the jurisdiction of the South African courts.
12. Changes to these Terms
We may update these Terms from time to time. Continued use of our platform after changes are published constitutes acceptance of the updated Terms. We will notify registered users of material changes by email.
13. Contact
For queries about these Terms, contact us at:
- Email: info@mysafetyfile.co.za
- Address: Junction Corner of Stanley & Dock Rd, Cape Town, South Africa
