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• ACCEPTANCE OF TERMS & CONDITIONS

Use of this Website is entirely at your own risk. This Website is made available to you by “SMILEFIN TECHNOLOGIES” (“SmileFin”) conditional upon your acceptance, without modification, of these Terms and Conditions as amended from time to time.

1.1. These Terms and Conditions, including our Privacy Policy and all other polices that may be posted on the Website set out the terms on which we offer you access to use our Website. All of our policies are incorporated into these Terms and Conditions. You agree to comply with all of our policies and in particular these Terms and Conditions when you access and use our Website.

1.2. It is your responsibility to familiarise yourself with these Terms and Conditions and check them regularly for any updates.

1.3. By accessing the Website, you agree to all the terms set out in these Terms and Conditions. Should you not agree to these terms, or any of our updates or changes thereto as dealt with below, you should not access or use the Website.

1.4. You confirm that you are 18 years or older, or that you have been duly assisted to consent to these Terms and Conditions. You may not use the Website if you are younger than 18 years of age. If you are younger than 18 years of age, your parents or another competent adult must consent to the Terms and Conditions. If you are younger than 18 years of age and your parents have not given their consent to these Terms and Conditions, you must not use or access our Website.

1.5. When we refer to “you” or “your” we mean you, the person accessing or using the Website.

1.6. These terms and conditions contain provisions that appear in similar text and style to this clause and which may:

1.6.1. Limit the risk or liability of SmileFin Technologies or a third party; and/or

1.6.2. May create risk or liability for you; and/or

1.6.3. May compel you to indemnify SmileFin Technologies or a third party; and/or

1.6.4. Serves as an acknowledgement, by you, of a fact.

1.7. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

1.8. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms and Conditions or continue using the Website.

• MODIFICATION OF TERMS & CONDITIONS

SMILEFIN reserves the right, in its sole discretion, to amend (including without limitation, by the addition of new Terms and Conditions) these Terms and Conditions at any time and from time to time without notice to you. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms and Conditions regularly prior to use of this Website for any such amendments.

• DEFINITIONS

3.1. The following terms shall have the corresponding meanings assigned to them:

3.1.1. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by SMILEFIN on or in connection with this Website.

3.1.2. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by SMILEFIN in connection with this Website, as well as, all available information regarding marketing and promotion of the products and services described in this Website, as well as all and any modifications or improvements to any of them.

3.1.3. “SMILEFIN” means SmileFin Technologies Ltd (Proprietary) Limited, its affiliates, subsidiaries and their subsidiaries. (See About SMILEFIN Group of Companies). Any reference to SMILEFIN will include the employees, officers, advisers, service providers, suppliers and content providers of SMILEFIN.

3.1.4. “Terms and Conditions” means these Terms and Conditions.

3.1.5. “Trade Marks” means those trademarks owned by SMILEFIN and any other trademarks, designs, logos, style names and slogans which SMILEFIN owns or has the right to use or any derivative service offerings of, and applications for, any of same.

3.1.6. “Website Material” means the contents of this Website, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Website.

• INTERPRETATION

4.1. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:

4.1.1. defined in these Terms and Conditions will bear the same meaning throughout these Terms and Conditions;

4.1.2. not defined in these Terms and Conditions but defined in ECTA will bear the same meaning given to them in ECTA.

4.2. A copy of ECTA can be viewed and downloaded here.

4.3. The headings used in these Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the whole or any part of these Terms and Conditions.

4.4. No term or provision contained in these Terms and Conditions is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with SMILEFIN on this Website.

4.5. References to “writing” or notices “in writing” by SMILEFIN in these Terms and Conditions only includes writing on paper signed in ink by an authorised representative of SMILEFIN and specifically excludes any writing which may be in electronic form.

4.6. Any reference in these Terms and Conditions to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.

• WEBSITE MATERIAL

5.1. Subject to the provisions of these Terms and Conditions, you may only download, view and print the Website Material restrictively for your own personal use and only for non-commercial purposes. This permission does not extend to the source code of this Website or to the source code of any software or computer program that forms part of the Website Material.

5.2. You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Website Material.

5.3. You may not use this Website or the Website Material for any illegal or unlawful purposes or as prohibited by these Terms and Conditions.

5.4. You may not link to any page on this Website or frame this Website or any of the pages on this Website in any way whatsoever without the prior written permission of SMILEFIN. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.

5.5. This Website is Copyright SMILEFIN. All rights reserved. You must get SMILEFIN’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any Website Material, whether electronically or otherwise. Unless the relevant additional Terms and Conditions provide otherwise, requests for approval must be submitted to. SMILEFIN is entitled, in its sole discretion, to withhold or grant consent and may also impose any conditions on any consent which is granted.

5.6. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Website Material may be expressly permitted by SMILEFIN (such permission to be interpreted in its most restrictive sense) you may do so, provided that all Trade Marks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original are retained and displayed without alteration or modification and not in any manner obscured or removed.

5.7. You may not print any part of the Website or the Website Material, except where SMILEFIN expressly states that you may do so. When printing the Website or the Website Material, you must ensure that the following copyright notice appears prominently on every page that is printed: Copyright SmileFin Technologies Ltd. All rights reserved.

5.8. You acknowledge that you do not acquire any ownership rights or rights of use in or to any Website Material by downloading that Website Material or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Website Material where permitted to do so.

5.9. You may not transfer any rights or obligations in terms of these Terms and Conditions to any other person or entity.

5.10. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of this Website.

• YOUR BEHAVIOUR WHEN USING THIS WEBSITE

6.1. You may not use this Website to obtain or distribute:

6.1.1. copyrighted material or material protected by laws relating to intellectual property rights without the permission of SMILEFIN;

6.1.2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;

6.1.3. material which is defamatory, unlawful or contains hate speech;

6.1.4. bulk e-mail, whether solicited or unsolicited;

6.1.5. an unreasonable load on our infrastructure or interfere with the proper working of the Website;

6.1.6. copy, modify, resell, or distribute any content on the Website without our consent;

6.1.7. use any robot spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;

6.1.8. harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person; or

6.1.9. bypass measures used to prevent or restrict access to the Website.

6.2. You must not interfere with or jeopardise the functionality or the operation of any part of this Website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Website or of the Website Material.

6.3. You are strictly prohibited from using this Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming”.

6.4. You may not intercept any information transmitted to or from SMILEFIN or this Website which is not intended by SMILEFIN to be received by you.

6.5. You must respect other users of this Website at all times.

6.6. Any reference in these Terms and Conditions to a party shall, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.

6.7. We reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or to refuse a user’s registration.

6.8. You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the products and services may change from time to time.

• INTELLECTUAL PROPERTY

7.1. Any and all copyright relating to the Website, including these Terms and Conditions, is held by SMILEFIN. All rights not expressly given are reserved. Much of what you see on the Website is produced by SMILEFIN. You may download, view and print content from this site only for private and non-commercial ends, if you do so, you agree not to remove any watermark or other mark on any image.

7.2. All content, trademarks and data on this Website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of SMILEFIN. As such they are protected by local and international legislation and agreements.

7.3. This Website is Copyright SmileFin Technologies Ltd. All rights reserved.

7.4. The Intellectual Property is owned by SMILEFIN or used under license or with permission. Trade Marks displayed on this Website are either trade marks owned by SMILEFIN or belong to their respective owners. You may not copy, reproduce, display or use any Intellectual Property in any manner whatsoever without SMILEFIN’s prior written permission and nothing contained on this Website should be construed as granting any licence or right of use of any Intellectual Property.

7.5. Where any of the Website Material has been licensed to SMILEFIN or belongs to any third party, your rights of use will also be subject to any Terms and Conditions which that licensor or third party imposes from time to time and you agree to comply with such Terms and Conditions.

• CHANGES TO THE WEBSITE AND REMOVAL OF ACCESS

SMILEFIN may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on this Website at any time without any prior notice to you. SMILEFIN may also impose limits on certain features and services or restrict your access to any or all of the Website or Website Material without notice or liability.

• DISCLAIMERS & LIMITATIONS OF LIABILITY

9.1. Your use of this Website and reliance on any Website Material or services available on this Website is entirely at your own risk. This Website, including all Website Material, is provided “as is” and SMILEFIN will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Website or the Website Material for any reason whatsoever.

9.2. SMILEFIN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through this Website or the Website Material. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. SMILEFIN reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website and the Website Material.

9.3. Information, ideas and opinions expressed on this Website and in the Website Material should not be regarded as professional advice or the official opinion of SMILEFIN and you are strongly advised to seek professional advice before taking any course of action related to them.

9.4. SMILEFIN disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this Website and the Website Material. SMILEFIN does not warrant that the functions contained in this Website or the Website Material will meet your requirements; will be uninterrupted, timely, secure or error free; will meet your requirements or operate in every combination selected by you for use; that any defects or errors will be corrected; or that this Website or the Website Material or the server that makes them available is free of viruses or other harmful components. SMILEFIN does not warrant that this Website or the Website Material will provide specific results from use of this Website or the Website Material or any content, search or link within them or that the results that may be obtained from the use of this Website will be accurate or reliable.

9.5. Whilst SMILEFIN takes reasonable precautions in its operation of the Website, neither SMILEFIN nor its agents or representatives will assume any responsibility and neither SMILEFIN nor its agents or representatives (in whose favour this constitutes a stipulatio alteri) shall be liable for any damages to or for viruses that may infect your computer equipment or other property on account of your access to, use of or browsing of this Website or the Website Material or your downloading of any materials, data, text images, video or audio from this Website or the Website Material. Any material downloaded or otherwise obtained through the use of this Website or the Website Material is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

9.6. You agree that under no circumstances whatsoever, including as a result of SMILEFIN’s negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law SMILEFIN may be liable, shall SMILEFIN or its servants, agents or contractors or other persons for whom in law SMILEFIN may be liable (in whose favour this constitutes a stipulatio alteri) be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the Website or the Website Material.

•  INDEMNITY

You hereby indemnify SmileFin and its officers, directors, employees, servants, agents or contractors or other persons for whom in law SmileFin may be liable (in whose favour this constitutes a stipulatio alteri) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of this website or the website material or your breach of these terms and conditions. SmileFin will not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the website material contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

•  LINKS

Links to and from this Website to other Websites belonging to or operated by third parties do not constitute an endorsement by SMILEFIN of such linked Websites or their contents nor do they constitute any association by SMILEFIN with their owners or operators. SMILEFIN has no control over such linked Websites and is not responsible or liable for any content, goods or services available on or through any such linked Websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such linked Websites. You agree that where you access linked Websites, you do so entirely at your own risk.

•  DEALING WITH THIRD PARTIES

Your interaction, correspondence or business dealings with third parties which are referred to or linked to or from this Website entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party. You agree that SMILEFIN shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third parties.