Terms of Use

1. Acceptance of Terms

QualitySure ("we," "our," or "us") provides water testing and environmental analysis services subject to the following Terms of Use. By accessing, browsing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

These terms constitute a legally binding agreement between you and QualitySure. We reserve the right to update these terms at any time without prior notice. Continued use of our services after changes constitutes acceptance of the modified terms.

2. Services Description

QualitySure provides professional water testing and environmental analysis services including:

• Comprehensive water quality testing and analysis
• SANS241 compliance testing and certification
• Environmental monitoring and assessment
• Industrial compliance testing
• Specialized testing for various industries and water sources
• Consultation and technical support services

All services are provided in accordance with South African National Standards and relevant regulatory requirements.

3. User Responsibilities

As a user of our services, you agree to:

3.1 Accurate Information

• Provide accurate, current, and complete information during registration and service requests
• Maintain and promptly update your information to keep it accurate and complete
• Provide proper sample documentation and chain of custody forms

3.2 Sample Collection and Submission

• Follow proper sample collection procedures as specified by QualitySure
• Ensure samples are properly preserved and transported
• Provide accurate sample information and testing requirements
• Adhere to sample submission deadlines and requirements

3.3 Prohibited Activities

You may not:

• Use our services for any illegal purpose or in violation of any laws
• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorized access to our systems or data
• Interfere with or disrupt the integrity or performance of our services
• Use our services to infringe upon intellectual property rights
• Submit hazardous materials without proper disclosure and documentation

4. Service Limitations and Disclaimers

4.1 Testing Accuracy

While we strive for the highest accuracy in our testing services, QualitySure:

• Cannot guarantee absolute accuracy due to factors beyond our control
• Is not liable for results affected by improper sample collection or handling
• Provides results based on the samples and information provided by the client
• Follows standardized testing methodologies and quality control procedures

4.2 Service Availability

We make reasonable efforts to ensure service availability but cannot guarantee:

• Uninterrupted access to our services
• Immediate processing of all samples
• Availability of specific testing services at all times
• Service during force majeure events or technical difficulties

5. Intellectual Property

5.1 Ownership

All intellectual property rights in our services, including but not limited to:

• Testing methodologies and procedures
• Laboratory techniques and processes
• Software systems and platforms
• Branding, logos, and trademarks
• Documentation and reports

are owned by QualitySure or our licensors and are protected by copyright and other intellectual property laws.

5.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to:

• Use our services for their intended purpose
• Access and use test results for your internal business purposes
• Reference our certifications and accreditations as applicable

This license does not permit you to reproduce, modify, distribute, or create derivative works without our express written permission.

6. Payment Terms

6.1 Fees and Billing

• All services are subject to applicable fees as specified in our service agreements
• Prices are subject to change with reasonable notice
• Payment terms are net 30 days from invoice date unless otherwise agreed
• Late payments may be subject to interest charges and collection fees

6.2 Cancellation and Refunds

• Cancellation policies vary by service type and are specified in service agreements
• Testing services in progress may not be cancellable

7. Confidentiality and Data Protection

7.1 Confidential Information

We treat all client information as confidential, including:

• Test results and analysis data
• Client business information
• Sample source and location information
• Any proprietary information shared with us

7.2 Data Protection

We comply with the Protection of Personal Information Act (POPIA) and:

• Implement appropriate security measures to protect your data
• Only use your information for the purposes specified in our Privacy Policy
• Retain records as required by law and industry regulations
• Provide you with access to your personal information upon request

8. Limitation of Liability

8.1 General Limitation

To the maximum extent permitted by law, QualitySure shall not be liable for:

• Any indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from reliance on test results for critical decisions
• Issues arising from improper sample collection or handling

8.2 Maximum Liability

Our total liability for any claim arising from our services shall not exceed the fees paid for the specific services giving rise to the claim.

8.3 Essential Purpose

The limitations in this section apply even if any remedy fails of its essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless QualitySure, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of our services
• Your violation of these Terms of Use
• Your submission of inaccurate or incomplete information
• Your improper sample collection or handling procedures
• Your reliance on test results for purposes beyond their intended use

10. Termination

10.1 By QualitySure

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms of Use
• Non-payment of fees
• Violation of applicable laws or regulations
• Engaging in fraudulent or illegal activities

10.2 By User

You may terminate your relationship with QualitySure by providing written notice and settling any outstanding balances.

10.3 Effect of Termination

Upon termination:

• Your right to use our services will immediately cease
• Any outstanding fees become immediately due and payable
• We will provide you with access to your historical data as required by law
• Provisions that by their nature should survive termination will survive

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising from these terms shall be resolved through:

• Good faith negotiations between the parties
• Mediation conducted in Rustenburg, South Africa
• If mediation fails, binding arbitration in accordance with South African law
• Court proceedings in the appropriate South African courts

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Miscellaneous

12.1 Entire Agreement

These Terms of Use, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and QualitySure regarding our services.

12.2 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.3 No Waiver

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.

12.4 Assignment

You may not assign or transfer these Terms of Use without our prior written consent. We may assign our rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of assets.

13. Contact Information

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

14. Changes to Terms

We reserve the right to modify these Terms of Use at any time. We will notify you of any material changes by:

• Posting the updated terms on our website
• Sending email notifications to registered users
• Updating the "Last Updated" date at the bottom of these terms

Your continued use of our services after any changes constitutes your acceptance of the new terms.

Last Updated: 13 November 2025