SI ICT Website Terms of Use
THIS WEBSITE IS OWNED AND OPERATED BY SMART INVESTMENTS AFRICA. AND ITS AFFILIATES / BRANDS (“SI ICT”, “WE”, “OUR” AND “US”). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES, WEB PAGES, DATA, BLOGS, PRODUCTS AND COMMUNITY PORTAL (COLLECTIVELY, THE “WEBSITE”) ARE PROVIDED BY SI ICT TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.
These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Website visitor and/or member (“you”) and SI ICT with respect to your use of this Website. You agree that the agreement formed by these Terms of Use is binding like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.
We reserve the right at any time to change: (i) these Terms of Use; (ii) this Website, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website; and (iv) the equipment, hardware or software required to use and access this Website.
Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website. Your continued use of this Website after such notice will be deemed acceptance of such changes. You should return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.
You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.
SI ICT does not knowingly or intentionally collect Personal Data (as defined in our Privacy Policy) from children under the age of 13. This Website is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any Personal Data to SI ICT at or through this Website, and you should consult with an adult for assistance in using this Website.
1. JURISDICTION
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Website.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Website, you may not enter into this agreement or use this Website. By using this website you are explicitly stating that you have verified in your own jurisdiction if your use of this Website is allowed.
We make no representation that materials in this Website are appropriate or available for use in all locations. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Website, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.
2. PRIVACY
SI ICT is committed to respecting the privacy of the Personal Data of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the Personal Data of those individuals who visit this Website. Please see our Privacy Policy for further information.
3. MEMBERS
In order to access and use certain services available on this Website, you must open and maintain an account (“Account”) with us. If you do not agree to these Terms of Use, you shall not have the right to use such services.
During the registration process we will collect Personal Data that may include (but is not limited to) your name, email address, password, and home or business address. Your information may be used by us:
- to verify your eligibility to create and to maintain your Account and to use features of the Website limited only to registered users;
- to ensure that your Account, including your email, is unique;
- to enable us to provide certain security and privacy safeguards;
- to deal with security, debugging and technical support issues;
- to protect ourselves and others from abuse; and
- As permitted in our Privacy Policy.
All of the information you provide to us or that we collect from you in connection with your use of the Website will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your Account and your ability to use this Website and, in our sole discretion, to report you to the appropriate authorities.
You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Website via your username or password to any third person.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
You acknowledge and agree that SI ICT is not responsible for the conduct of users in the interactive areas of SI ICT’s websites. SI ICT SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF SI ICT’S WEBSITES. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use SI ICT’s websites at your own risk.
4. CODE OF CONDUCT
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Website.
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of SI ICT’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. SI ICT may, without notice, temporarily suspend your, or any other party’s access to this Website, (including, without limitation, any specific areas hosted within this Website) by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as SI ICT may in its sole discretion determine is necessary to permit the thorough investigation of such suspended activity.
While using this Website you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website.
WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.
5. AVAILABILITY
While we endeavor to keep downtime to a minimum, we do not guarantee that this Website will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Website.
6. CURRENCY OF WEBSITE
SI ICT updates the information on this Website periodically. However, SI ICT cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. SI ICT may revise, supplement or delete information, services and/or the resources contained in this Website and reserves the right to make such changes without prior notification to past, current or prospective visitors. Contact your SI ICT sales representative for verification of prices, specials and dates of promotions.
7. LINKED WEBSITES
This Website may provide links to third party websites for your convenience only, including, without limitation, links to third parties that sell our products and social media sites such as Facebook, Twitter, LinkedIn, and YouTube. The inclusion of these links does not imply that SI ICT monitors or endorses these websites or their respective practices. SI ICT does not accept any responsibility for such websites. SI ICT shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.
8. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website.
SI ICT shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of User Materials or other content from this Website. SI ICT recommends that you install appropriate anti-virus or other protective software.
9. OFFERINGS
SI ICT provides you with the ability to purchase or access a variety of product and service offerings made available by SI ICT and various third party providers (“Offerings”) both directly from SI ICT and through resellers and distributors. EACH OFFERING MAY BE SUBJECT TO OFFERING-SPECIFIC TERMS OF USE AND/OR PRIVACY POLICIES, WHICH MAY SUPERCEDE THE TERMS OF THESE TERMS OF USE. SI ICT ENCOURAGES YOU TO CAREFULLY READ THE TERMS OF USE AND/OR PRIVACY POLICY OF ANY OFFERING BEFORE ACCESSING OR USING THAT OFFERING.
10. SWEEPSTAKES, CONTESTS AND GAMES
Any sweepstakes, contests, and games that are accessible through this Website are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which addresses our commitments in respect of the information you submit in connection with such sweepstakes, contests, and games. These promotions may be administered by third parties and additional terms and policies may apply to specific promotions.
11. OUR MATERIALS
This Website is owned and operated by SI ICT in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of SI ICT and its licensors. ALL RIGHTS RESERVED.
SI ICT may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, “SI ICT Materials”) available to you from this Website, from time to time. If you download or use SI ICT Materials, you agree that such materials: (i) are licensed for your limited use only and not sold or assigned; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without SI ICT’s prior written permission; and (iii) may only be used in compliance with any additional license terms accompanying such materials. SI ICT neither transfers the title, nor grants any intellectual property rights to the SI ICT Materials. SI ICT retains full and complete title to the SI ICT Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the SI ICT Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled SI ICT Materials into a human-perceivable form. SI ICT or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
Some SI ICT Materials contained in this Website may be made available only for specific users and purposes, and shall be deemed confidential in nature (“Confidential Information”). SI ICT will use reasonable efforts to identify such Confidential Information upon disclosure, but SI ICT’s failure to properly identify any Confidential Information does not eliminate your obligation to maintain the confidentiality of such information. Any Confidential Information provided to you must be protected and used only for the purpose for which it is provided to you, and shall not be disclosed or shared with any person(s) or used for any purpose other than those expressly permitted by SI ICT in writing.
All rights not expressly granted herein are reserved by SI ICT. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Website, (including its organization and presentation and SI ICT Materials) is the property of SI ICT and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
12. YOUR MATERIALS
SI ICT welcomes you to use the Website and the forums offered by SI ICT through the Website to post, download, display, perform, transmit or otherwise distribute appropriate information or other content at your direction, including but not limited to your name, username, personal comments, opinions, and ideas for product use using SI ICT’s products, photographs, video material, or other content (collectively, “User Materials”), subject to these Terms of Use.
By providing User Materials to SI ICT through this Website, and other websites or forums owned by SI ICT, you represent that you are voluntarily providing such User Materials. You agree that your User Materials are not confidential and no confidential relationship is established with SI ICT. By posting User Materials to this Website, you represent and warrant that you have all right, title and interest necessary to post such User Materials and you agree that SI ICT may copy, reproduce, publish, distribute, display, transmit, sell, prepare derivative works based on, and otherwise use (for any purpose whatsoever and in any medium) any of your User Materials, without attribution or compensation to you.
You hereby grant to SI ICT a non-exclusive, perpetual, unlimited, royalty-free and irrevocable license to copy, reproduce, publish, distribute, display, perform, transmit, broadcast, sell, offer for sale, license, modify, prepare derivative works based on, and otherwise use (for any purpose whatsoever and in any form or medium whatsoever) your User Materials, including any and all copyrights, patents, publicity rights and privacy rights therein, by and on behalf of SI ICT without compensation for any purpose on any medium, whether printed, digital, or otherwise. The foregoing authorization and any use of User Materials that you submit is without royalties, fees, or limitations. You represent and warrant that you are fully authorized to make all authorizations, licenses and/or warrantees that are made herein and acknowledge that any submissions that you make will not be returned to you regardless of whether the User Materials are used by SI ICT.
You agree that SI ICT may publish or otherwise disclose your name or username in connection with your User Materials. By posting User Materials on this Website, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws or any rights of third parties. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.
You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. SI ICT shall not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Website.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Website and agree to obtain and maintain all such consents or permissions.
13. DISCLAIMER OF WARRANTIES
THIS WEBSITE, THE SERVICES AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN (“MATERIALS”) ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SI ICT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
14. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT WILL SMART INVESTMENTS AFRICA, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER IS LIMITED TO FIVE ($5.00) US DOLLARS.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR US TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY US, WE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. INDEMNIFICATION
You agree to, upon request, defend, indemnify and hold harmless Smart Investments Africa, its affiliates, and their respective directors, officers, employees, shareholders, partners, or agents from any and all liabilities, claims, demands, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; (2) any User Materials submitted by you or through your Account; or (3) your use of this Website or transmission of any materials or other content through this Website. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our prior written consent. This indemnification section will survive any termination or expiration of these Terms of Use.
16. CONTACTING SI ICT
If you need to contact us regarding this Website or these Terms of Use, please e-mail us at [email protected].
17. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback (“Comments”) to SI ICT at the e-mail addresses provided in this Website. You agree with respect to any Comments you provide, via e-mail or otherwise, that: (i) hawse have no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) we may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you and without payment of any royalties to you; and (iv) such Comments are truthful and do not violate the legal rights of others.
18. ACCESS RELATED TO ALLEGED VIOLATIONS
To ensure that we provide a high quality experience for you and for other users of this Website, you agree that we may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Website, and you agree to give us full access to your Account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such Account and related information and records.
We do not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but SI ICT reserves the right to terminate your Account or your access to this Website immediately, with or without notice to you, and without liability to you, if we believe you have violated any of these Terms of Use, furnished false or misleading information, or interfered with use of this Website by others.
19. MISCELLANEOUS
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with our prior written consent. These Terms of Use provide only for the use of this Website. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.