Our terms of service and user agreement
IMPORTANT:
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Smart Media's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
www.smartmedia.mobi (the "Website") is owned and operated by Smart Media Marketing (PTY) Ltd (hereinafter referred to as "Smart Media").
Visitors to the Website ("Users" or "you"), including those who register online for a user account ("User Account"), are bound by this User Agreement ("User Agreement"). If you do not agree to this User Agreement, do not register online for a User Account or otherwise continue to use the Website. Your continued use of the Website will constitute acceptance of the User Agreement unmodified by you. By accepting this User Agreement, you are deemed to have read and agreed with all the provisions thereof.
If you are under the age of 18 years, you may not register for a User Account. By registering for a User Account, you warrant that you are over the age of 18 years.
Smart Media operates the Website through which all Users are able to compare a range of products and services offered for sale and on special by certain third parties ("Merchants") as regards prices, other product specifications and characteristics, as well as registered Users' ratings of such Merchants and/or their products.
The Website also provides links to the websites of the Merchants and may include advertising relating to Merchants, other third parties, and their products.
Provided you are at least 18 years old, you will be able to register for a User Account, in which case you will be able to make use of further services and functionality on the Website, such as being able to rate and review Merchants and/or their products as well as being able to post comments, manuals, pictures and videos regarding various products.
The services offered via the Website are free of charge.
Note that the Merchants and products listed on the Website do not necessarily represent all suppliers of the relevant products, or all products available, in the market, and Smart Media does not guarantee that the prices, registered Users' ratings and reviews of products and/or Merchants, or any other information specified on the Website, are accurate or error-free. It is specifically recorded that product pricing and characteristics are supplied to Smart Media by the Merchants who have agreed to be listed on the Website, reviews and comments are those of our registered Users, as submitted by them and don't reflect the views of Smart Media, and the ratings given to any Merchants or their products are calculated based on rating submissions made by our registered Users and are not determined by Smart Media. Smart Media also makes no guarantees as to the content or accuracy of any external websites to which you may be able to link from the Website.
Smart Media's role is limited to providing the platform through which you can view, compare and, if registered, comment on, the products offered by different Merchants. In some instances you will be able to follow links through to such Merchants' websites.
A Merchant which is referred to as a 'trusted Merchant' is a Merchant which is a registered company, having a secure payment gateway and which displays on its website all product information, refund and returns policy, shipping methods and all available payment methods.
However, irrespective of whether Merchants are indicated as 'Trusted Merchants' or not, Smart Media is not an agent of any Merchant, does not vouch for, or make any warranties in relation to, any Merchant or its products. Neither Smart Media nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising in relation to any Merchant. Without detracting from the generality of the aforegoing, Smart Media will not be liable in any way whatsoever in relation to any purchases you may make from any Merchant/s. In purchasing products from any Merchant, you are contracting with the relevant Merchant to purchase such Merchant's product/s and the Merchant is thus solely responsible for the fulfilment of all aspects of your purchase from it. You acknowledge that you are solely responsible for evaluating the price, quality and legitimacy of any products listed on the Website and Smart Media does not guarantee that any Merchant or other party involved in transactions arising from listings or advertisements placed on the Website will act in good faith.
Because Smart Media strives to ensure that the information on the Website relating to any Merchant or its products is accurate, up-to-date, and lawful, should you suspect that a Merchant is selling illegal products, conducting fraudulent activity, using bait marketing or otherwise misleading Users in any way, please notify Smart Media thereof by contacting us so that Smart Media can take such measures as it deems appropriate.
Smart Media makes no representations or warranties of any nature whatsoever in relation to the Website and/or Services, implied or otherwise, including any warranty that the Website or the server that makes the Website available is free from viruses or other harmful components, or that the functions, content and technology available from the Website are uninterrupted and/or error free. Smart Media may suspend access to the Website without notice at any time and accepts no liability for any consequences of the Website being unavailable for any reason.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Smart Media and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
All risk and liability arising from your use of the Website vests with you and neither Smart Media nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website, including any harm to your computer from viruses, or damages suffered due to the Website being unavailable for any reason.
This Website is supplied on an "as is" basis, has not been compiled or supplied to meet your individual requirements, and Smart Media is not liable for anything you find on the Website or any liability you incur through your use of the Services. It is your sole responsibility to satisfy yourself that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
If Smart Media is found, despite the aforegoing disclaimers, to be liable for any reason, its liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to ZAR500 (five hundred South African Rand). Also, under no circumstances will Smart Media be liable for any indirect or special damages, consequential loss, loss of profits or loss of data.
You hereby indemnify and hold harmless each of Smart Media, its parent, subsidiaries, affiliates, officers, directors and employees, against any and all loss, expense or damage they may suffer, or third party claims which may be made against them, which arise (directly or indirectly) from or in relation to your conduct on the Website or your failure to comply with this User Agreement (including the Privacy Policy), or your violation of any law or the rights of a third party relating to your use of the Website.
Any and all copyright subsisting in the Website, including this User Agreement, vests in Smart Media and all rights not expressly granted are reserved.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Smart Media and as such are protected from infringement by local and international legislation and treaties. Note that the Website may contain images, names, codes or other content that constitute the trademarks, logos, or copyrighted material owned by Merchants or other third parties and you may not copy or use same without their permission.
You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website contact us for assistance.
Smart Media not liable: Smart Media cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Smart Media of any content that may be offensive or illegal. Hyperlinks provided on this Website to other websites are provided as is and Smart Media does not necessarily agree with, edit or sponsor the content on such web pages.
Minors: There is no age limit on our Users as our Website is not an adult website. However, certain products listed by certain Merchants may be of an adult nature or such that they may only legally be purchased by persons over the age of 18 years, and Smart Media will not be liable in any way in relation to minors viewing any adult-only product listings on the Website, or subsequently purchasing adult-only products listed on the Website (either because the Website directly linked to the relevant Merchant site, or because the Merchant's name or contact details were listed on the Website). Furthermore, note that Users under the age of 18 may not make use of the additional services made available to registered Users and may thus not register for a User Account.
Users' obligations regarding posting of content: Without detracting from the generality of your obligations under the 'Prohibited Conduct' section below, as a registered User, anything you post/upload to the Website must be strictly relevant to the products and/or Merchants listed on the Website. Also, you may not post/publish any pornographic or offensive material, or material which you do not have the right to distribute. By uploading any media/content to the Website, you warrant that you own the copyright therein or have the permission of the copyright owner to publish such content on the Website and that such content does not otherwise violate this User Agreement.
Smart Media respects your privacy, takes reasonable steps to protect your personal information, and will not disclose your personal information to third parties for marketing purposes without your consent. Please read our Privacy Policy as to our respective rights and obligations in this regard. If you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not accept this User Agreement and you should not register for a User Account or otherwise use the Website.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Smart Media suffers any damage or loss.
As a registered User, you agree and warrant that your log-in name and password shall:
You allow Smart Media to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
This User Agreement shall commence from the date on which it is published on the Website and continue indefinitely, as amended by Smart Media from time to time, for so long as the Website exists and is operational, Smart Media being entitled to terminate this User Agreement and/or shut down the Website at any time.
Smart Media may, in its sole discretion, change this User Agreement or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the User Agreement has been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using in any way, the Website.
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of this User Agreement, you and Smart Media submit to the non-exclusive jurisdiction of the South African courts.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Smart Media on any matter provided for in, or arising out of this User Agreement or your use of the Website, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English.
Note that Smart Media will not be involved in any disputes between you and a Merchant. Smart Media is not your, or any Merchant's agent and will not act as either of your agent in connection with resolving any disputes between the two of you.
When you visit the Website or send e-mails to Smart Media, you consent to receiving communications from Smart Media electronically and agree that all agreements, notices, disclosures and other communications sent by Smart Media satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
If you have questions or concerns about these Terms and Conditions, please contact us at:
Smart Media Marketing (PTY) Ltd
Johannesburg, South Africa
Email: info@smartmedia.mobi