Terms of Service

1. Acceptance of Terms

Welcome to Walena, a software solution provided by QIT-Solutions (Pty) Ltd (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Walena software, services, and the website located at walenapaballo.com (collectively, the “Service”).

By accessing, registering for, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” or “your” shall refer to such entity.

If you do not agree to all the provisions of these Terms, you may not access or use the Service.

2. Description of Service

Walena is a field service management platform designed to streamline job scheduling, dispatching, invoicing, and customer communication for businesses. The Service is provided on a subscription basis (“Subscription”) and is accessed online through a web browser or mobile application.

3. Account Registration

To use the Service, you must register for an account (“Account”). You agree to:
a) Provide accurate, current, and complete information during registration.
b) Maintain and promptly update your Account information to keep it accurate and complete.
c) Maintain the security of your password and accept all risks of unauthorized access to your Account.
d) Notify us immediately if you discover or suspect any security breaches related to the Service.
e) Be responsible for all activities that occur under your Account.

4. Subscription, Fees, and Payment

a) Subscription: Access to the Service requires a paid Subscription. The features and prices of our Subscription plans are detailed on our website.
b) Fees: You agree to pay all applicable fees as described on the site. Fees are non-refundable except as required by law or as otherwise stated in these Terms.
c) Billing Cycle: Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually). Your Subscription will automatically renew at the end of each billing cycle unless you cancel it.
d) Price Changes: We reserve the right to change our Subscription fees at any time. We will provide you with reasonable notice of any fee changes.
e) Taxes: All fees are exclusive of any applicable taxes, levies, or duties, which you are responsible for paying.

5. User Conduct and Responsibilities

You agree not to use the Service to:
a) Violate any applicable law or regulation.
b) Infringe upon the intellectual property rights of others.
c) Upload or transmit any malicious code, viruses, or harmful content.
d) Engage in any activity that is fraudulent, false, or misleading.
e) Harass, abuse, or harm another person.
f) Use the Service to store or process any sensitive personal information (as defined by POPIA) without ensuring adequate security measures are in place and compliant with applicable law.
g) Attempt to gain unauthorized access to the Service or its related systems.

You are solely responsible for all data, information, and content that you upload, post, or otherwise transmit via the Service (“Your Content”). You retain all ownership rights to Your Content. By submitting Your Content, you grant us a worldwide, royalty-free license to use, host, and process Your Content solely for the purpose of providing and improving the Service.

6. Intellectual Property Rights

The Service, including its original content, features, functionality, source code, databases, and design, are and will remain the exclusive property of Walena (Pty) Ltd and its licensors. The Walena name and logo are trademarks of ours. These Terms do not grant you a license to use any of our trademarks.

7. Termination

a) By You: You may cancel your Subscription and terminate these Terms at any time through your Account settings or by contacting us. Termination will be effective at the end of your current billing period.
b) By Us: We may suspend or terminate your Account and access to the Service immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Service will cease immediately.
c) Effect of Termination: Upon termination, we may permanently delete Your Content from our servers after a reasonable grace period. It is your responsibility to export your data prior to termination.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QIT-SOLUTIONS (PTY) LTD, ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Walena (Pty) Ltd and its licensees and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt (including legal fees) arising from: a) your use of and access to the Service; b) your violation of these Terms; c) your violation of any third-party right; or d) any content you post or upload.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the courts of South Africa.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the new Terms on this page and updating the “Last Updated” date. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at:
Walena (Pty) Ltd
Website: walenapaballo.com
Email: admin@walenapaballo.com, 
Address: Unit 16, Berkley Office, Park 8, Bauhinia Street, Highveld Technopark, Centurion.