Website Access & Disclaimer

1About these terms

These Website Access & Disclaimer terms apply to www.smartz-solutions.com and other public Smartz-managed websites or digital properties that link to them. By accessing or using the site, you agree to use it lawfully and in accordance with these terms. If you do not agree, you should not continue to use the site.

The site is operated by Smartz Solutions RSA (Pty) Ltd, registration number 2006/003794/07, trading as Smartz Solutions ("Smartz", "we", "us" or "our").

2Access to information under PAIA

A person who requires access to a Smartz record for the exercise or protection of a right may submit a request under the Promotion of Access to Information Act 2 of 2000 (PAIA).

1. Identify the record requested with enough detail for Smartz to locate it.
2. Identify the right to be exercised or protected and explain why the record is required for that purpose.
3. Provide proof of identity and, if acting for another person, proof of authority.
4. Submit the prescribed Form 2 and supporting information to the Information Officer.
5. Pay any prescribed fee after receiving the applicable notice.
6. If dissatisfied with the outcome, use the complaint or court remedies available under PAIA. Private bodies do not generally have a mandatory internal appeal process.

3Permitted use of the website

You may access and use the site for lawful business, informational and evaluation purposes. You may download or print material that Smartz makes available for that purpose, subject to any licence, copyright notice or other restriction displayed with the material.

You may not, without Smartz’s prior written permission or another lawful basis:

• Use the site in a way that is unlawful, fraudulent, abusive, defamatory or infringes another person’s rights.
• Attempt to gain unauthorised access to systems, accounts, networks, source code, data or restricted areas.
• Introduce malicious code, interfere with site operation, overwhelm systems or circumvent security controls.
• Scrape, harvest or systematically extract website content or personal information in a manner that is unlawful or materially burdensome.
• Reproduce, modify, distribute, sell, license or commercially exploit protected site content except as expressly permitted.
• Misrepresent an affiliation with Smartz or use Smartz names, marks or branding in a misleading manner.

4Intellectual property

Unless otherwise stated, the site and its text, graphics, logos, product names, software descriptions, documentation, videos, downloads and other content are owned by or licensed to Smartz and are protected by intellectual-property law. No ownership rights are transferred merely because content can be viewed or downloaded.

Third-party names, marks and content remain the property of their respective owners. Their appearance on the site does not imply endorsement unless expressly stated.

5Website content and product information

Smartz aims to keep website information useful and current, but content may be generalised, abbreviated or updated without notice. Website content is provided for general information and business evaluation and does not by itself create a binding offer, warranty, service level, implementation commitment or contractual obligation.

Product capabilities, integrations, availability, pricing, service levels, timelines and technical requirements may depend on configuration, third-party services, geography, contract terms and the applicable scope of work. The final signed agreement, order form, statement of work or other contract governs if it conflicts with website content.

6No professional advice

Website content is not legal, regulatory, accounting, financial, cybersecurity or other professional advice. Users should obtain appropriate professional advice for decisions that depend on their specific circumstances.

7Availability and security

Smartz may suspend, withdraw, restrict or change all or part of the public site for maintenance, security, legal, operational or business reasons. Smartz does not guarantee uninterrupted or error-free access.

Although Smartz applies reasonable security measures, internet communications and websites carry inherent risk. Users are responsible for securing their own devices, credentials and networks and for verifying the authenticity of communications before acting on payment, password or account instructions.

8External links and third-party services

The site may contain links to external websites, resources or services operated by third parties. Links are provided for convenience and do not mean that Smartz controls, approves or guarantees third-party content, security, availability or privacy practices. Use of third-party services is subject to their own terms and notices.

9User submissions and communications

If you submit an enquiry, form, feedback, document or other content through the site, you warrant that you are entitled to provide it and that doing so does not unlawfully infringe another person’s rights. Do not send passwords, payment-card data, special personal information or confidential third-party information through general website forms unless Smartz specifically requests it through an appropriate secure channel.

A website form submission, email or other electronic message does not by itself create a contract, acceptance of an order, binding commitment or deemed receipt for a formal legal notice unless Smartz expressly confirms otherwise or an applicable agreement provides differently.

10Privacy and cookies

Personal information collected through the site is handled in accordance with the Smartz Website Privacy Policy and POPIA. The site may use cookies and similar technologies for necessary functionality, security, preferences, analytics and, where applicable, marketing. Users should consult the Privacy Policy and any cookie preference tools displayed on the site.

11Disclaimer of warranties

Any warranties that apply to paid products or services are those expressly set out in the governing contract or that cannot lawfully be excluded.

12Limitation of liability

To the fullest extent permitted by applicable law, Smartz will not be liable for indirect, incidental, consequential, special or similar loss arising solely from use of, inability to use, or reliance on the public website or general website content, including loss caused by third-party sites or services outside Smartz’s control.

Nothing in these terms excludes or limits liability, rights or remedies that cannot lawfully be excluded or limited, and nothing overrides liability terms in a binding Smartz contract that specifically governs the relevant product or service.

13Consumer rights

Nothing in these terms is intended to waive a right or remedy that a person has under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or other mandatory law where that legislation applies. If a provision of these terms is prohibited or unenforceable under mandatory law, it will apply only to the maximum extent lawfully permitted.

14Changes to the website or these terms

Smartz may change the site or update these terms from time to time. The current version will be published on the site with its effective date. Continued use after publication of an updated version is subject to the updated terms, to the extent permitted by law.

15Governing law and jurisdiction

These terms are governed by the laws of the Republic of South Africa. Subject to any mandatory consumer or statutory forum rights, disputes relating solely to use of the public website are subject to the jurisdiction of the competent South African courts.

16Contact

Questions about these terms, website content or access to information may be sent to info@smartz-solutions.com. Privacy matters should be addressed for the attention of the Information Officer and read together with the Website Privacy Policy and PAIA Manual.

Prepared with reference to PAIA (Act 2 of 2000) and the PAIA Regulations, 2021; POPIA (Act 4 of 2013); the Electronic Communications and Transactions Act 25 of 2002; the Consumer Protection Act 68 of 2008; and the Copyright Act 98 of 1978 and Trade Marks Act 194 of 1993, each as amended where applicable.