Terms & Conditions.

01Introduction and acceptance

These Terms and Conditions ("Terms") govern your use of the Linen Management Solutions website at linenmanagement.co.za and the LMS cloud platform, web application, and mobile application (collectively, "the Services"), operated by Linen Management Solutions (Pty) Ltd ("LMS", "we", "us" or "our").

By accessing the website or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf. If you do not agree with these Terms, you may not use the Services.

02Definitions

Client

The organisation that has entered into a subscription or service agreement with LMS for use of the Services.

User

An individual authorised by a Client (or by LMS) to access the Services under a user account.

Client Data

All data submitted to or generated within the Services by or on behalf of a Client, including operational, linen inventory, and user data.

Service Agreement

The written agreement, subscription order, or service schedule concluded between LMS and a Client, which prevails over these Terms in the event of conflict.

03The Services

LMS provides a cloud-based linen management platform for the healthcare and hospitality industries, including linen tracking, inventory management, demand forecasting, reporting, and related modules, accessible via web and mobile applications.

The scope, modules, and service levels applicable to a Client are set out in the applicable Service Agreement. We may improve, modify, or add functionality to the Services from time to time, provided this does not materially reduce the core functionality contracted for.

04Accounts and access

• Access to the platform requires a user account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• Accounts are personal to the designated User and may not be shared. Clients are responsible for managing which of their personnel are granted access, and for deactivating accounts when personnel leave or change roles.
• You must notify us promptly at info@linenmanagement.co.za if you suspect unauthorised access to your account.
• We may suspend accounts that we reasonably believe are compromised or being misused, pending investigation.

05Acceptable use

You may not, and may not permit any third party to:

• Use the Services for any unlawful purpose or in breach of any applicable law or regulation.
• Attempt to gain unauthorised access to the Services, other Clients' data, or our systems.
• Interfere with or disrupt the integrity or performance of the Services, including by introducing malicious code or conducting load or penetration testing without our prior written consent.
• Reverse engineer, decompile, or copy the Services or any part of them, except to the extent permitted by law.
• Resell, sublicense, or make the Services available to third parties except as expressly permitted in a Service Agreement.

06Client data and privacy

As between the parties, the Client retains ownership of all Client Data. LMS processes personal information contained in Client Data in accordance with the Protection of Personal Information Act, 2013 ("POPIA") and our Privacy Policy.

Where LMS processes personal information on behalf of a Client, LMS acts as an operator as contemplated in POPIA and will process such information only for the purposes of providing the Services, subject to appropriate security safeguards. Specific data processing terms may be set out in the applicable Service Agreement.

07Intellectual property

All intellectual property rights in and to the Services, including the software, platform, design, documentation, and trademarks, remain the exclusive property of LMS or its licensors. Nothing in these Terms transfers any ownership of intellectual property to you.

Clients are granted a limited, non-exclusive, non-transferable right to access and use the Services for their internal business purposes for the duration of the applicable Service Agreement.

08Service availability and support

We take reasonable measures to keep the Services available and performing well. However, availability may be affected by planned maintenance, emergency maintenance, or factors beyond our reasonable control, including internet connectivity, hosting infrastructure, and force majeure events.

Where uptime commitments, maintenance windows, or support response times have been agreed, these are recorded in the applicable Service Agreement. We will use reasonable efforts to provide advance notice of planned maintenance that is expected to materially affect availability.

09Fees and payment

• Fees for the Services are set out in the applicable Service Agreement or subscription order.
• Unless otherwise agreed, invoices are payable within the period stated on the invoice, and all fees are exclusive of VAT and other applicable taxes.
• We may suspend access to the Services for accounts with amounts that remain unpaid after reasonable notice.

10Confidentiality

Each party will keep confidential all non-public information disclosed by the other party in connection with the Services, and will use such information only for the purposes of performing under these Terms and the applicable Service Agreement. This obligation does not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is required to be disclosed by law.

11Warranties and disclaimers

We warrant that we will provide the Services with reasonable skill and care. Except as expressly set out in these Terms or a Service Agreement, the Services are provided "as is", and we do not warrant that the Services will be uninterrupted or error-free.

The Services provide operational and reporting tools to support decision-making. Outputs such as forecasts and reports depend on the accuracy and completeness of data captured by Users, and responsibility for operational decisions remains with the Client.

12Limitation of liability

To the maximum extent permitted by law, and subject to any contrary provision in a Service Agreement:

• Neither party will be liable for any indirect, special, or consequential loss, or for loss of profits, revenue, or data.
• Our total aggregate liability arising out of or in connection with the Services in any 12-month period will not exceed the fees paid by the Client for the Services during that period.

Nothing in these Terms limits liability that cannot be limited under applicable law, including under the Consumer Protection Act, 2008, where it applies.

13Suspension and termination

• Either party may terminate as provided for in the applicable Service Agreement.
• We may suspend or terminate access to the Services if you materially breach these Terms and fail to remedy the breach within a reasonable period after written notice.
• On termination, the Client may request an export of its Client Data within the period specified in the Service Agreement, after which we may delete Client Data subject to our legal retention obligations.

14General

• These Terms, together with the Privacy Policy and any applicable Service Agreement, constitute the entire agreement between the parties regarding use of the Services.
• If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.
• Our failure to enforce any right under these Terms is not a waiver of that right.
• We may update these Terms from time to time. The version published on our website at the time of your use applies. Material changes affecting contracted Clients will be communicated in accordance with the Service Agreement.

15Governing law

These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the South African courts in respect of any dispute arising from these Terms, subject to any dispute resolution procedure agreed in a Service Agreement.

16Contact