By accessing or using www.smartbiii.com or any of its related blogs, websites, applications, or platforms (collectively referred to as “the Website”), owned by Damic Integrated Solutions (Pty) Limited t/a SmartBiii (Registration number: 2019 / 270299 / 07) (hereinafter, “SMARTBiii”), you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (hereinafter “the Terms”), in conjunction with any additional SMARTBiii terms particularly applicable to you and the Services you utilise and / or participate in. All rights in and to the content of the Website remain at all times expressly reserved by SMARTBiii.
If you do not agree with, accept or intend to be bound by the Terms herein contained, you are required to immediately leave and cease the use of the Website. Should you proceed to access or use the Website, it will be regarded that you have read and understood these Terms and that you accept the Terms herein contained fully, unconditionally and without modification.
Please read these terms carefully before accessing or using the Website or Services. Please refer to SMARTBiii’s distinct sections on PRIVACY, INTELLECTUAL PROPERTY, DISCLAIMERS, INDEMNITY and USER OBLIGATIONS, LIABILITYIMPORTANT NOTICE:
Please pay specific attention to the BOLD paragraphs of the Terms. These paragraphs limit the risk or liability of SMARTBiii, constitutes an assumption of risk or liability by you, impose an obligation on you to indemnify SMARTBiii or is an acknowledgement of any fact by you.
1. Interpretation of the Terms
1.1. The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever.
1.2. The terms “us”, “our” or “we” refers to SMARTBiii.
1.3. Not all terms are necessarily defined in order, and terms herein defined are applicable to all the Terms unless expressly provided otherwise herein.
1.4. These terms were last updated on 17 November 2021.
2. Introduction to the Website and Services
2.1. The Website is an online platform which allows users, who find great deals, specials, or promotions from time to time, to upload and share details of such deals, specials, or promotions with other users, and to purchase certain optional functions or features provided by the Website. Users can access the details of the deals, specials and promotions and can like, comment on, share or save deals. (the “Services”)
2.2. The information and details of the deals, specials or promotions are uploaded by users, for the users, and SMARTBiii does not guarantee or warrant the accuracy of such details or information.
2.3. These Terms explain the conditions applicable to the use of the Website by users and the core provisions applicable to the user’s use of any Service derived from the Website.
2.4. These Terms expressly supersede prior agreements or arrangements with you. SMARTBiii may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny you access to the Website, Services or any portion thereof, at any time, for any reason, with reasonable notice provided to you.
2.5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon SMARTBiii uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
2.6. Unauthorised, malicious or derogatory use of the Website and/or Services may give rise to a claim for damages and/or be a criminal offence.
3. Relationship between SMARTBiii and users
3.1. For all Services provided, SMARTBiii only provides a platform and software and does not have an employment, agent, intermediary, advisory, representative or broker relationship with any user. Your use of the Website or the Services is entirely at your
own risk and based on your own volition and discretion.
3.2. SMARTBiii does not provide any regulated marketing or consumer services. As such, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, other than those concerning general consumer rights.
3.3. Your personal and financial situation is unique, and it is your responsibility, given your individual circumstances, to use any information obtained through the Services appropriately and responsibly when implementing your decisions.
4. The Services
4.1. For further and exact information on the Services currently offered by SMARTBiii, or those specific to you, please consult the “Home”; “About” pages on the Website or please contact support@smartbiii.com who will gladly assist.
4.2. For general information purposes, and subject to further information relating to these Services made available by SMARTBiii on the Website or elsewhere, the following details the offerings which constitute our Services available to users:
4.2.1. How does the Website work?
4.2.1.1. Users that come across deals, specials and promotions can upload details and information about such deals, specials, or promotions on the Website.
4.2.1.2. You can search the Website for deals, specials and promotions relating to your needs, or running in your area.
4.2.1.3. You can set preferences to be notified of deals, specials, or promotions uploaded in your area, or in any specific category.
4.2.1.4. Users expressly understand and agree that the provision and use of any information provided on the Website is entirely on
their own volition and risk. The content on the Website is solely provided by users who are exclusively liable for the provision of
the content, and SMARTBiii is in no way related to, nor liable for, it.
4.2.2. Purpose of the Website
4.2.2.1. You can upload, save, and share deals, specials and promotions theycome across on the Website to inform other users thereof.
4.2.2.2. Users can then save the deals, specials and promotions to easily andconveniently shop.
4.2.3. Advertising of products
4.2.3.1. The Website is not a platform for retailers or businesses or individualsto advertise their products or services to users.
4.2.3.2. The Website is a platform to be used by users for users, to inform users of current deals, specials or promotions available in stores or online, to assist users to save money or to find great value products or services.
5. USER RESPONSIBILITIES AND WARRANTIES
5.1. By using the Website and/or the Services, you warrant that:5.1.1. you have read and agreed to these Terms and will use the Website and Services in accordance with them;
5.1.2. you expressly understand that you may use the independent and distinct services of authorised and regulated third-party services through our Website, and will not do so with SMARTBiii itself. SMARTBiii merely facilitates your engagement with
these third-party regulated service providers;
5.1.3. you have not made any misrepresentations and the information provided to us at all times about you, your company and/or your status is true, accurate and complete in every aspect;
5.1.4. you will strictly adhere to all applicable legislation governing your provision of a regulated service when using the Website and its tools;
5.1.5. you are not considered a United Nations “Specially Designated National” and/or on the United Nation’s “Blocked Persons List” and/or are not confirmed by any government or other national authority to be a person or entity who has any restrictions on their capacity to trade freely and/or internationally, for whatever reason;
5.1.6. you are above the age of 18 (eighteen) years old and have the lawful capacity to understand, agree with and be bound with these Terms;
5.1.7. you lawfully possess and submit all information to the Website and/or SMARTBiii for the use of it or the Services;
5.1.8. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
5.1.9. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
5.1.10. you are solely responsible to ensure, verify and / or confirm the veracity of the information uploaded to and / or contained on the Website, or emanating from any transactions or actions you have performed on the Website and/or through the use
of the Services herein offered;
5.1.11. you understand that when using services of any third party connected to the Services that they may have their own terms and conditions of service for their services provided to you, and that you may be simultaneously bound by them;
5.1.12. you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute;
5.1.13. you will not use the Website platform for any commercial or advertising purpose other than as expressly provided for by SMARTBiii herein;
5.1.14. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
5.1.15. you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing SMARTBiii to manifest all of its rights in the case of breach,
including but not limited to denying you access to the Website/Services, reporting youractions to an applicable authority, demanding specific performance and/or suing you for damages.
5.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
5.3. Without prejudice to any of SMARTBiii’s other rights (whether at law or otherwise), SMARTBiii reserves the right to deny you access to the Website or the Services where SMARTBiii believes (in its reasonable discretion) that you are in breach of any of these Terms.
5.4. SMARTBiii does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device, or in any and all jurisdictions.
6. KYC AND AML REQUIREMENTS
6.1. A user’s ability to make use of various parts of the Website or particular Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”)laws and the respective rules and regulations.
6.2. SMARTBiii may, at various times and depending on a range of factors in its sole discretion, require that a user submit certain information to SMARTBiii and/or its authorised third-partyservice providers in order for the user to be verified as not infringing any of SMARTBiii’s KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport ocuments and/or bank account information. SMARTBiii reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by SMARTBiii. SMARTBiii also reserves the right to share this information with any legal authority when required under applicable laws.
6.3. SMARTBiii may restrict user transactions that may violate laws or SMARTBiii’s internal KYC or AML conditions herein and as updated from time to time.
7. RECEIPT AND TRANSMISSION OF DATA MESSAGES
7.1. Data messages, including email messages, sent by you to SMARTBiii will be considered to be received only when acknowledged or responded to.
7.2. Data messages sent by SMARTBiii to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
7.3. SMARTBiii reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
7.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. SMARTBiii is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from SMARTBiii to a user, between users or from a user to SMARTBiii.
8. HYPERLINKS, DEEP LINKS, FRAMING
8.1. The Website may include links to other internet sites ("the other sites"). SMARTBiii does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do notimply any endorsement, agreement on or support of the content or products of such target sites.
8.2. SMARTBiii does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to support@smartbiii.com to request the removal of such content. Users will be able to edit or delete their own posts.
8.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.
9. CONTENT ON WEBSITE
9.1. The content on the Website is uploaded by users, and users are responsible for ensuring that material submitted for inclusion in the Website is complete, accurate and complies with all applicable laws and regulations.
9.2. Accordingly, SmartBiii does not warrant or guarantee the accuracy of the content on the Website.
9.3. All deals, specials and promotions on the Website are subject to availability and to the particular terms and conditions applicable to any deal, special and / or promotion uploaded to the Website, notwithstanding that such particular terms and conditions applicable to any deal, special or promotion has not been uploaded to the Website by the responsible user or otherwise.
9.4. SMARTBiii, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in the deals, specials and promotions uploaded to the Website.
10. INTELLECTUAL PROPERTY PROTECTION
10.1. All website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks,
together with the underlying software code and everything submitted by a user to the Website and SMARTBiii in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by SMARTBiii, its shareholders, associates
and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
10.2. For clarity, all rights to any intellectual property provided by a user to the Website (such as a supplier’s logo) will remain with the user, but for which the user has provided SMARTBiii with a non-exclusive, non-transferable licence to use such user intellectual property as SMARTBiii deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
10.3. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of SMARTBiii first being granted, which consent may be refused at the discretion of SMARTBiii. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, SMARTBiii and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
10.4. SMARTBiii reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided thatany transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
10.5. The user acknowledges and agrees that the right, title and interest to any improvement and/or development to the Website and all Intellectual Property pertaining to, relevant to, or associated with the Website and / or SMARTBiii business operations shall vest exclusively in SMARTBiii, immaterial of whether such developed or improvement was as a result of, associated with or arising from a suggestion or feedback by the user. The user hereby irrevocably undertakes to transfer or procure transfer of any such rights to SMARTBiii and, if necessary, to sign or have signed any such documents or agreements necessary to effect same if and when called upon to do so, free of charge. It is expressly understood and accepted by the user that he/she will not be entitled to claim any right in or any remuneration or payment of any sum of money in respect of such development and /or improvement resulting from, associated with or arising from his/her suggestion or feedback.
10.6. Where any of the Website intellectual property has been licensed to SMARTBiii or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such thirdparty terms and conditions.
10.7. Subject to adherence to the Terms, SMARTBiii grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user, and to share the content thereof with third parties. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of SMARTBiii.
10.8. Any enquiries regarding any of the above relating to intellectual property must be directed to SMARTBiii at support@smartbiii.com.
11. DATA PRIVACY AND PROTECTION
We respect your privacy and your personal information and will take required measures to protect it, as more fully detailed in our Privacy Policy. Users may not share their login details and passwords with any other person.
12. DISCLAIMERS AND WARRANTIES
12.1. The Website and Services, including any intellectual property appearing therein, are provided "as is" and "as available". SMARTBiii makes no representations or warranties, express or implied, including but not limited to warranties as to the
accuracy, correctness or suitability of either the Website, the Services or the information contained in it.
12.2. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not SMARTBiii. While SMARTBiii makes every reasonable effort to present such information accurately and reliably on the Website,
SMARTBiii does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
12.3. TO THE FULLEST EXTENT PERMITTED IN LAW, SMARTBiii, ITS SHAREHOLDERS, EMPLOYEES, PARTNERS AND AFFILIATES, ACCEPT NO LIABILITY WHATSOEVER FOR ANY COSTS, EXPENSES, FINES OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT LOSS OR DAMAGES, INCLUDING ANY ECONOMIC LOSS, CONSEQUENTIAL LOSS, LOSS OF PROFITS OR ANY FORM OF PUNITIVE DAMAGES,
RESULTING FROM THE FACILITATION AND OFFERING OF THE SERVICES, AND ACCESS TO, OR USE OF, THE WEBSITE IN ANY MANNER.
12.4. SMARTBiii takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, SMARTBiii does not warrant or represent that your access to the Website will beuninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly. Without derogating from the generality of what is stated herein, SMARTBiii shall not be responsible for the safety or security of any user when visiting any store or location of
deals, specials or promotions shared on the Website, or for any fraudulent, malicious or scam sites which may be uploaded to the Website.
13. INDEMNITIES
13.1. THE USER INDEMNIFIES AND HOLDS HARMLESS SMARTBiii, ITS SHAREHOLDERS, EMPLOYEES, AND PARTNERS FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS’ FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USER’S PARTICIPATION IN AND / OR USE OF THE WEBSITE AND/OR SERVICES OFFERED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE IN ANY WAY.
13.2. THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD SMARTBiii HARMLESS FROM ANY DIRECT OR INDIRECT LIABILITY, LOSS, HARM, DEATH, CLAIM AND EXPENSE (INCLUDING REASONABLE LEGAL FEES) RELATED TO THE USER’S USE OF THE SERVICES, WEBSITE AND/OR BREACH OF THESE TERMS.
13.3. THIS CLAUSE WILL SURVIVE TERMINATION OF THIS AGREEMENT.
14. COMPANY INFORMATION
14.1. Site owner: Damic Integrated Solutions (Pty) Limited
14.2. Legal status: (Pty) Limited
14.3. Registration number: 2019 / 270299 / 07
14.4. Director: Darin Michael
14.5. Description of main business: Online Software as a Service
14.6. Email address: support@smartbiii.com
14.7. Website address: www.smartbiii.com
14.8. Physical address: 38 Woodlands Avenue, Irene, Centurion, 0157
14.9. Postal address: 38 Woodlands Avenue, Irene, Centurion, 0157
14.10. Registered address: 38 Woodlands Avenue, Irene, Centurion, 0157
14.11. Membership of any association: None
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1. The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
15.2. Should any dispute, disagreement or claim arise between a user and SMARTBiii concerning the use of the Website or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
15.3. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach anindependent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
15.4. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by SMARTBiii. Arbitration proceedings shall be conducted in PRETORIA, GAUTENG PROVINCE and in English.
15.5. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
15.6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
16. TERMINATION OF USE OF WEBSITE OR SERVICES
16.1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, SMARTBiii RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT SMARTBiii GIVES REASONABLE NOTICE TO YOU.
16.2. If you wish to terminate the agreement with SMARTBiii, or end your use of the Services, you may do so by discontinuing your use of the Website and Services. Such cessation from the use of the Website/Services will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination with the Website.17. NOTICES AND SERVICE ADDRESS
17.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
17.1.1. in the case of SMARTBiii, at 38 Woodlands Avenue, Irene, Centurion, 0157; or
17.1.2. in the case of the user, at the e-mail and addresses provided by the user to SMARTBiii as recorded.
17.2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
17.3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18. GENERAL
18.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.4 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
18.2. No indulgence, leniency or extension of time granted by SMARTBiii shall constitute a waiver of any of SMARTBiii’ rights under these Terms and, accordingly, SMARTBiii shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
18.3. In the event of the user breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by SMARTBiii in relation to the breach.
18.4. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
18.5. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.4 4.
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