Terms of Use

1. ACCEPTANCE OF TERMS

SME South Africa Pty Ltd (referred to hereafter as “SME SA”) provides a collection of online resources, including classified ads, forums, catalogues, and various email services available on or through SME SA (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU, including giving your consent to have your personal information used to-wards the Service. In addition, when using a particular SME SA services, you agree to abide by any applicable posted guidelines for all SME SA services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Consent to collect, process, store and distribute personal data related to the Service is contained at the end of these TOU.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

SME SA reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to SME SA in its sole discretion. Although SME SA attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against SME SA for failing to adequately screen potential users or prevent the use of SME SA or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the responsibility of the person from whom such Content originated as well as SME SA. More specifically, you are responsible for each individual item of Content that you post, email, or otherwise make available via the Service. Likewise, if you re-quest the assistance of SME SA to post content, or if you imply consent that SME SA may post content on your behalf, either by written or oral means, or you fail to inform SME SA that content should be removed, you are equally responsible for the content. You waive any and all claims against SME SA of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on SME SA. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or in-corporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, SME SA and Content available through the Service may contain links to other websites, which are completely independent of SME SA. SME SA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You acknowledge that SME SA does not pre-screen or approve Content, but that SME SA shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason, including an enactment of legislation to this effect, under South African law.

5. FUNDING FORMS

You appreciate and understand the risks, costs, rights, obligations, implications and nature of the financial product.
You understand that we may cede, transfer or otherwise dispose of your rights under this Application and the Terms and Conditions and all documents incorporated therein to any third party. By submitting the funding form, you give your general consent to us to cede, assign, transfer or otherwise dispose of Our rights under this Application and the Terms and Conditions and all documents incorporated therein to any third party.

We may disclose information and documents relating to you, the Agreement and your conduct under the Agreement (as so permitted by Law) to any transferee subject to the confidentiality of such information being maintained by such transferee, and compliance by such transferee with the applicable provisions of any Law regarding the confidentiality of such information.
The statements, particulars given and questions answered in this Application are truthful, honest, complete and accurate in all respects and any person interested in the Agreement or any part thereof, now or in the future, may rely upon the truth and accuracy of the information contained in this Application and any other supporting documentation or information provided by You.
If there are any other material facts that You believe and/or know could influence Our assessment of any decision regarding this Application, plea
We are required to obtain certain mandatory information documentation from You, in terms of the Financial Intelligence Centre Act no. 38 of 2001 (“FICA”). Should you fail, refuse or neglect to furnish all such required information to Us, We reserve the right not to proceed with and consider this Application. We will not be liable for any loss whatsoever arising therefrom.

6. THIRD PARTY CONTENT, SITES, AND SERVICES

SME SA and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of SME SA, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety, or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for SME SA to verify information provided by the seller of any item.

You agree that SME SA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that SME SA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release SME SA, its officers, employees, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way related to such disputes and/or our service.

7. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to SME SA for notice of claims of copyright or other intellectual property infringement:

by email:

info@smesouthafrica.co.za

Please include the following with your Notice:

The identity of the material on SME SA that you claim is infringing, in sufficient detail so that we may locate it on the website;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your address, telephone number, and email address;

A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and

Your physical or electronic signature.

8. PRIVACY AND INFORMATION DISCLOSURE

SME SA may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by SME SA’s Privacy Policy.

9. CONDUCT

You agree not to post, email, or otherwise make available Content:

that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that suggests a discriminatory preference based on race, colour, national origin, religion, sex, familial status, or disability (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, colour, religion, sex, national origin, age, or disability;
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring SA citizenship or lawful permanent residency as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
that impersonates any person or entity, including, but not limited to, a SME SA employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of SME SA which are not designated for such purposes;
or emailed to SME SA users who have not indicated in writing that it is ok to contact them about other services, products, or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restrict-ed by any applicable law;
that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

contact anyone who has asked not to be contacted;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to down-load data from the Service – unless expressly permitted by SME SA;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an un-reasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum;
attempt to gain unauthorized access to SME SA’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or SME SA;
or use any form of automated device or computer program that enables the submission of Content on SME SA without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

10. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on SME SA’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from SME SA. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from SME SA.

11. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to SME SA email addresses or through SME SA computer systems is expressly prohibited by these TOU. Any unauthorized use of SME SA computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.

12. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

13. LIMITATIONS ON SERVICE

You acknowledge that SME SA may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maxi-mum number and size of postings, email messages, or other Content that may be trans-mitted or stored by the Service, and the frequency with which you may access the Service. You agree that SME SA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SME SA reserves the right at any time to modify or discontinue the Service (or any part there-of) with or without notice, and that SME SA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

14. ACCESS TO THE SERVICE

SME SA grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by SME SA. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

SME SA does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by SME SA to do so. You may create a hyperlink to the home page of SME SA, so long as the link does not portray SME SA, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

SME SA may offer various parts of the Service in RSS format so that users can embed in-dividual feeds into a personal website or blog, or view postings through third party soft-ware news aggregators. SME SA permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “SME SA” as the source, (d) your use or display does not suggest that SME SA promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden SME SA’s systems. SME SA reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by SME SA im-mediately terminates said permission or license. In order to collect, aggregate, copy, du-plicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from SME SA that has been signed by one of SME SA’s authorized representatives.

15. TERMINATION OF SERVICE

You agree that SME SA, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, with-out limitation, if SME SA believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that SME SA shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

16. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and agreements. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of SME SA. You further agree not to reproduce, du-plicate or copy Content from the Service without the express written consent of SME SA, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to re-produce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service. SME SA, as well as certain other of the names, logos, and materials displayed on SME SA, constitute trademarks, trade names, service marks or logos (“Marks”) of SME SA or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with SME SA or those other entities.

Although SME SA does not claim ownership of content that its users post, by posting Con-tent to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SME SA an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant SME SA all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

17. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF SME SA AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SME SA AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU-LAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DIS-CLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMIT-TED BY LAW, SME SA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIME-LINESS, ACCURACY, AND PERFORMANCE OF SME SA AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SME SA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON S SME SA OR THE SERVICE, OR AC-CESSED THROUGH ANY LINKS ON S SME SA OR THE SERVICE, INCLUDING WITHOUT LIMI-TATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRAN-TY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COL-ORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULL-EST EXTENT PERMITTED BY LAW, SME SA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH SME SA OR THE SERVICE. NO AD-VICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SME SA, SME SA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

18. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SME SA BE LIABLE FOR DIRECT, INDIRECT, INCI-DENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SME SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF SME SA OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF SME SA OR THE SERVICE, FROM INABILITY TO USE S SME SA OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF SME SA OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAM-AGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH SME SA OR THE SERVICE OR ANY LINKS ON SME SA OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH SME SA OR THE SERVICE OR ANY LINKS ON SME SA. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

19. INDEMNITY

You agree to indemnify and hold SME SA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

20. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and SME SA and governs your use of the Service, superseding any prior agreement between you and SME SA. The failure of SME SA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to info@smesouthafrica.co.za

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it be-comes necessary for SME SA to pursue legal action to enforce the TOU, you will be liable to pay SME SA the following amounts as liquidated damages, which you accept as rea-sonable estimates of SME SA’s damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes person-al or identifying information about another person without that person’s explicit consent, you agree to pay SME SA ten thousand rands (R10,000) for each such message. This pro-vision does not apply to messages that are lawful non-deceptive parodies of public figures.

If SME SA establishes limits on the frequency with which you may access the Service or terminates your access to or use of the Service, you agree to pay SME SA one thousand rand (R1,000) for each message posted in excess of such limits or for each day on which you access SME SA in excess of such limits, whichever is higher.

If you send unsolicited email advertisements to SME SA email addresses or through SME SA computer systems, you agree to pay SME SA five hundred rand (R500) for each such email.

If you post Content in violation of the TOU, other than as described above, you agree to pay SME SA one thousand rand (R1,000) for each item of Content posted. In its sole discretion, SME SA may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay SME SA one thousand rand (R1,000) for each, and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the principal (by engaging the Posting Agent in violation of the TOU) agrees to pay SME SA an additional one thousand rand (R1,000) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without SME SA’s ex-press written permission, you agree to pay SME SA three thousand rand (R3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, SME SA retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

22. FEEDBACK

We welcome your questions and comments. Please send them to info@smesouthafrica.co.za

23. TERMS OF USE FOR ALL SERVICES

SME SA is a service provider for business owners to access advice, business tools and re-sources they need. SME SA provides a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to receive services (“Services”) or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of SME SA and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. SME SA and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

For Consumers:

the Programs
the Professional
the Services to be performed by any Professional.
your use of the Programs
the engagement by you of any Professional
any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants, and the like.
any other matter relating to the Programs.

In no event will SME SA’s liability to you for any reason whatsoever exceed in the aggregate the sum of R50.00.
SME SA and its Affiliates do not provide, nor will they provide, any service to or for you, nor is SME SA and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

For Professionals:

the Programs
the Consumers
the agreement between you and the Consumer.

SME SA, its Officers, Directors, Members and Employees, as well as SME SA Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages or other losses resulting from or relating in any manner to:

your use of the Programs
the engagement of you by any Consumer
any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Consumer’s agents, vendors, consultants and the like
any other matter relating to the Programs.

In no event will SMES SA’s liability to you for any reason whatsoever exceed in the aggregate the sum of R50.
SME SA and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: info@smesouthafrica.co.za

24. BRAND AGREEMENT

Legal Disclaimer: By logging in to your SME SA account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

Parties: This “Agreement” between “I” or “me” or the “Company” and SME South Afri-ca. (“SME SA”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
Content: I hereby license to SME SA the use of the images (including logo, products, installation photos, etc.), product catalogue, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalogue, related data, the “Content”) for display on SME SA and “Affiliated Sites” including related websites, social media websites, picture hosting websites, and all other website SME SA at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials.

PURPOSE FOR THE CONSENT

For SME SA to pursue its business objectives and strategies, it needs to process your Personal Information which Personal Information will be used for several legitimate purposes, including, inter alia, the following:
1. for the purposes of complying with a variety of lawful obligations under South African legislation, including without detracting from the generality thereof, general company laws.
2. For the purposes of carrying out actions for the conclusion and performance of a contract as between SME SA and yourself / the Data Subject.
3. For the purposes of protecting, you/ the Data Subject’s and/or SME SA’s legitimate interest (s).
4. For the purposes of contacting you / the Data Subject and attending to your / the Data Subject’s enquiries and requests.
5. For the purpose of providing, you/ the Data Subject from time to time with information pertaining to SME SA, its directors, employees, services and goods and other ad hoc business-related information.
6. For research and statistical analysis purposes, including data analysis, testing, research and product development and product review purposes.
7. For the purposes of pursuing your / the Data Subject’s and / or SME SA’s legitimate interests, or that of a third party to whom the Personal Information is supplied.
8. For the purposes of providing, maintaining, and improving SME SA’s products and Services, and to monitor and analyse various usage and activity trends pertaining thereto.
9. For the purposes of performing internal operations,

For preventing fraud and abuse of SME SA’s processes, systems, procedures, and operations, including conducting internal and external investigations and disciplinary enquiries and hearings.
You / the Data Subject agree that SME SA may use all the Personal Information which you / the Data Subject provides to it which it requires for the purposes of pursuing its business objectives and strategies.
SME SA in turn undertakes that it will only use your / the Data Subject’s Personal Information for the aforementioned purposes and for no other, unless with your / the Data Subject’s prior permission

DECLARATION AND INFORMED CONSENT

By signing up to use the service, I/ the Data Subject confirm that my / the Data Subject’s Personal Information provided is:

Accurate, up to date, not misleading and is complete in all respects, save where same may change and then in such an event, I/ the Data Subject undertake to advise SME SA or its Associates/ Third party developers and Suppliers (hereafter referred to collectively as “the Parties”), of these changes.
I, / the Data Subject, in providing the required Personal Information to SME SA and / or the Parties, consent and give permission to the Parties to process and further process my /the Data Subject’s Personal Information as and where required and acknowledge that I/ the Data Subject understand the purposes for which the Personal Information is required and for which it will be used.
Furthermore, should any of the Personal Information which has been provided by myself concern or pertain to a legal entity whom I represent, I confirm that I have the necessary authority to act on behalf of such legal entity/ Data Subject and that I have the right to provide the Personal Information and / or the required consent to use said Personal Information, on behalf of the legal entity.
Furthermore, should any of the Personal Information belong to any of my dependents and/or beneficiaries who are underage, I in my capacity as their legal guardian and competent person give the Parties the appropriate permission to process their Personal Information for the purposes for which these details were given.