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STANDARD TERMS AND CONDITIONS

Terms of Use - Smarttrace Portal / Site: smartbureau.co.za

The site, content and services are provided to you subject to your agreement to be bound by these terms and conditions of use. BY ACCESSING OR USING THIS PORTAL OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE PORTAL OR THE SERVICES.

Smarttrace reserves the right, in our sole discretion, to modify or update any of the terms and conditions at any time and from time to time and such modifications will supersede and replace any previous terms and conditions. Your continued use of this site means that you agree and accept these amended terms and conditions. If you do not agree to any modifications of these terms and conditions, you must immediately stop using this site.


TERMS OF USE
 Introduction
Welcome to www.smartbureau.co.za and service owned and operated by Smarttrace (Pty) Ltd. (“Us”, the service provider). This page explains the terms by which the user (“yourself”, the subscriber) may use our website and service.
Acceptance of Terms
These terms and conditions become effective when you access the website portal and constitute a binding agreement between us and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this website. 
 The service is comprised of a free service accessible by all users and a paid service only accessible by registered users (“Subscriber”). By accessing or using the Smarttrace service, website, applications, software provided in connection with the paid service (“Service”), you signify that you have read, understood, and agree to be bound by these Terms of Use, whether or not you are a Subscriber. If you do not agree with any provision contained in these Terms of Use, please do not use this website portal.   
 Use of the Website
By accessing the website, you warrant and represent that your use of the website is for lawful purposes and that you are over 18 years of age and can legally conclude a binding agreement with us. You further warrant that you will not contravene any South African or International laws by using the website, the Service or any information provided to you by us through your use of the website. 
 Except as expressly authorised by these terms, you may not use, alter, copy, distribute, or transmit the content of this website.
 Use of Information
Smarttrace conducts its business in accordance with South African legislation affecting its business. We value the privacy of your information and will protect your personal information in accordance with all relevant laws and regulations as set out in our Privacy Policy.
 By accepting these terms and conditions, you expressly acknowledge, agree and consent to us and our suppliers using your confidential personal information (including but not limited to, names, addresses, identifying numbers, contact details and credit card information) in order to provide the Service. 
Amendment of Terms and Conditions
We reserve the right, in our sole discretion, to amend these terms and conditions at any time and without notice. Any such amendments will come into effect immediately and automatically. If we do this, we will post the amended terms and conditions on this page and indicate at the bottom of the page the date the terms and conditions were last revised. You agree to review these terms and conditions whenever you visit the website for any such amendments.  
 If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
 Content of Users
There are certain areas of the Service that may allow Users to add questions, data, and other information (“User Content”). You are solely responsible for your User Content that you upload, display, or otherwise make available (hereinafter, “add”) on the Service, and you agree that we are only a reporting service for the online sharing, distribution and publication of your User Content. Smarttrace will not review or reference any such User Content as provided herein except as provided in the Subscriber Terms or in our Privacy Policy or as may be required by law. Except as provided in the Subscriber Terms, all User Content is owned by the User who adds it to the Service. Smarttrace does not have, nor does it claim, any ownership rights in any User Content.   
 You agree not to add any User Content that (a) contains any information or content that is not legally permitted; (b) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (c) contains any information or content that you know is not correct and accurate. You agree that any User Content that you add does not and will not violate any third-party rights of any kind.

Copyright and Intellectual Property Rights
For the purposes of these terms and conditions, “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
 Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights and photographs (the “Smarttrace Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Smarttrace.
 Except as explicitly provided herein, nothing in these terms and conditions shall be deemed to create a license in or under any such Intellectual Property Rights and you agree that you will not yourself, or through any parent, subsidiary, affiliate, agent or other third party: (a) modify, port, translate, localize or create derivative works of the Service or any documentation relating to the provision of the Service; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Service by any means whatsoever, or disclose any of the foregoing; (c) sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the Services without the express written consent of Smarttrace; (d) encumber or suffer to exist any lien or security interest on any of the Service; and (e) knowingly take any action that would cause the Service to be placed in the public domain. Use of the Smarttrace Content or materials on the Service for any purpose not expressly permitted by these terms and conditions is strictly prohibited.

 
You understand and acknowledge that you may be exposed to User Content that is inaccurate and you agree that Smarttrace will not be liable for any damages you allege to incur as a result of such User Content.
Disclaimer of Warranties and Liabilities
Smarttrace does not make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the Service and the website and Service made available via the website are provided "as is" does not make any warranty or representation that information and the Service advertised on the website are appropriate for use in any jurisdiction.  

Use of this site, the content and the Service are at your own risk. Smarttrace does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the site, the content or the Service.
Smarttrace does not assume any responsibility for any errors, omissions or inaccuracies in the site, the content or the Service.
 Neither Smarttrace nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website, your use of the Service and/or your reliance on any information offered via the website and Service.
 Without limiting the generality of the aforegoing, neither Smarttrace nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website.
 You hereby indemnify Smarttrace and its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.  
 Without limiting the generality of the aforegoing, Smarttrace shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled.
 The content is provided for informational purposes only and is not intended to provide financial advice to you and you should not rely upon the content to provide any such advice. You should seek the advice of professionals regarding the evaluation and verification of any content provided on the website and, in any event, prior to making any financial decisions based on such content.
DEFINITIONS
In this Agreement, the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:

1.1 ”Agreement” means this agreement being the Smarttrace Standard Terms and Conditions of Use
1.2 “Client” refers to the entity on whose behalf the user access Smarttrace products and services
1.3”Confidential Information” means all confidential information of Smarttrace irrespective of the media in which it is contained and including but not limited to the Intellectual Property, print-outs, manuals, tables of statistics, software, applications, source codes, computer discs, magnetic tapes, samples and any data collected and stored in Smarttrace's data bases from time to time;
1.4 “Consent” means any freely-given, specific and informed expression of will whereby consumer(s) agree to the processing of personal information relating to them;
1.5 “Consumer Credit Information” shall bear the meaning set out in Section 70 (1) of the Act;
1.6 ”Intellectual Property” means all intellectual property of whatever nature owned and/or controlled by either Party, including without limiting the generality of the aforegoing, that Parties right, title and interest in and to all trade marks, technology, software, applications, web pages (including the “look and feel” thereof), standards, trade secrets, logos, systems, methods (including all delivery mechanisms and scoring processes), procedures, processes, the design, layout, “look and feel” and “get up” of the Reports, trade names, domain names, styles, insignias, compilations, designs, patents, and copyright whether registered or not;
1.7 “Parties” shall mean Smarttrace, the Client and the User;
1.8 “Prescribed Information” shall bear the meaning set out in Regulation 18 (6);
1.9 “Prescribed Purpose” shall bear the meaning set out in Regulation 18 (4) [read in conjunction with Regulation 18 (5) ;
1.10 “Regulations” shall mean the National Credit Regulations, published in Government Gazette No. 8477, and Notice 28864; and such further Regulations that may be issued from time to time
1.11 “Reports” means any data or information or response provided to the Client which is generated pursuant to the use by the Client of the Services set out in Annexure B hereto, as amended from time to time;
1.12 “the Act” means the National Credit Act, 34 of 2005; as amended from time to time
1.13 “the User” means the person who is accessing Smarttrace products and services

Indemnity
You agree to defend, indemnify and hold harmless Smarttrace, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's' fees) arising from: (i) your use of and access to the website and/or the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that the User Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of this Terms of Use and your use of the Service and the website.
External Links
External links may be provided for your convenience, but Smarttrace makes no representations whatsoever about any other website or their content. Use or reliance on any external links provided is at your own risk. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites.
 Crawlers and Spiders
No person, business or website may use any technology to search and/or gain information from our website without our prior written permission.
 Governing Law
This Agreement and all matters or disputes arising from or incidental hereto shall be governed and construed in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
POPI
By accepting these Terms & Conditions, you expressly acknowledge, agree and consent to Smarttrace using the confidential information that you provide to us for the purpose of delivering our services to you and to update and verify your information stored on our database, and you undertake that we will use that information only in accordance with the law.
You agree that Smarttrace record, process and continuously maintain and update your information.
Consumer Protection Information
In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), your attention is drawn to the following:
Full name and legal status: Smarttrace (Proprietary) Limited, a private company incorporated in accordance with the laws of the Republic of South Africa;
Registration number: 2012/015061/07;
Physical address: Unit 12A, Ridgegate Centre, 106 Wilde Amandel Road, Roodekrans, Gauteng, 1734
Telephone number: 087 230 0299;
Website address smarttrace.co.za;
Portal address:smartbureau.co.za

Email address:support@smarttrace.co.za


Updated: 21 September 2017