GamHR Terms of Service
By accessing or using GamHR ("the System"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the System.
1. System Purpose and Scope
GamHR is a human resources, payroll, and compliance management system designed for subscribing employers operating in South Africa. The System automates payroll calculations (PAYE, UIF, SDL, ETI), leave management, timekeeping, SARS filing preparation, and BCEA/POPIA compliance tracking.
2. Limitation of Liability
2.1 No Warranty
The System is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
2.2 Calculation Verification Responsibility
While GamHR automates payroll calculations based on SARS-published tax tables and statutory rules, the HR Manager and/or Director are solely responsible for verifying the accuracy of all calculations before finalizing payroll runs, submitting SARS filings, or making payments. The System Author and subscribing employer disclaim all liability for errors in payroll calculations, tax submissions, or compliance filings.
2.3 Limitation of Damages
To the maximum extent permitted by South African law, neither the System Author nor the Operator shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business
- Loss of data or data corruption
- Incorrect payroll calculations or tax submissions
- Penalties imposed by SARS, the Department of Labour, or the Information Regulator
- Business interruption or system downtime
- Claims by employees arising from payroll errors
2.4 Maximum Liability
The total aggregate liability of the System Author for any claims arising from or related to the System shall not exceed the total fees paid for the System in the twelve (12) months preceding the claim.
3. Data Backup and Export Responsibility
3.1 User Responsibility for Data
It is the sole responsibility of the HR Manager and Director to regularly export and maintain local copies of all critical data, including but not limited to:
- Employee records and personal information
- Payroll run results and payslips
- Leave balances and accrual records
- Compliance submission records
- Audit trail exports
3.2 No Guarantee of Data Availability
While the System uses cloud infrastructure with redundancy, the System Author does not guarantee uninterrupted access to data, zero data loss, or permanent data retention. Users must not rely solely on the System as their only copy of business-critical records.
3.3 Data Retention on Termination
Upon unresolved non-payment or the effective date of a scheduled cancellation, normal workspace access is blocked. Billing owners retain billing recovery and data export access for 30 calendar days after access stops, and workspace data may be retained for up to 90 calendar days to support a later return before any deletion or anonymisation decision is reviewed.
3.4 Billing Authority and Cancellation
Within each employer workspace, only users assigned the Director or HR Manager system roles are authorized to view billing or payment information, update the saved payment method, schedule self-service cancellation, or download billing-recovery exports. The subscribing employer is responsible for controlling who holds those roles and for monitoring the audit history of billing actions.
4. User Obligations
4.1 Accurate Data Entry
Users are responsible for the accuracy and completeness of all data entered into the System, including employee details, bank account information, tax references, and statutory configurations.
4.2 Authorized Use Only
Users must only access the System using their own credentials and must not share login details with others. Each user is responsible for all actions performed under their account.
4.3 Compliance with Laws
Users must comply with all applicable South African laws when using the System, including but not limited to the Basic Conditions of Employment Act (BCEA), Labour Relations Act (LRA), Protection of Personal Information Act (POPIA), and Income Tax Act.
4.4 Timely Review and Approval
The HR Manager must review and approve all payroll runs, compliance filings, and POPIA-related requests within the timeframes specified by applicable legislation.
5. Intellectual Property
All intellectual property rights in the System, including its source code, design, documentation, and architecture, are owned by M. Mangarateke (the System Author). Each subscribing employer is granted a non-exclusive, non-transferable licence to use the System for its internal business purposes only.
6. Indemnification
The subscribing employer and its users agree to indemnify, defend, and hold harmless the System Author from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from or related to:
- Their use or misuse of the System
- Failure to verify calculation accuracy before finalization
- Failure to maintain local data backups
- Violation of these Terms
- Violation of any applicable law
- Any third-party claims related to payroll errors, tax submissions, or compliance failures
7. System Availability
The System Author does not guarantee any specific uptime percentage or service level. Planned and unplanned maintenance may cause temporary unavailability. The System Author shall not be liable for any losses arising from system downtime or unavailability.
8. Modifications to Terms
The System Author may modify these Terms at any time. Users will be notified of changes through the System and will be required to accept the updated Terms before continuing to use the System. Continued use after notification constitutes acceptance.
9. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.
10. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11. Contact
For questions about these Terms, contact your employer's HR administrator.