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IMPORTANT:

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern smssolutions relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

 

www.smssolutions.mobi (the "Website") is owned and operated by Smssolutions registration number: 1993/030263/23(hereinafter referred to as "Smssolutions").

Visitors to the Website ("Users" or "you"), including those who register online for a user account ("User Account"), are bound by this User Agreement ("User Agreement"). If you do not agree to this User Agreement, do not register online for a User Account or otherwise continue to use the Website. Your continued use of the Website will constitute acceptance of the User Agreement unmodified by you. By accepting this User Agreement, you are deemed to have read and agreed with all the provisions thereof.

If you are under the age of 18 years, you may not register for a User Account. By registering for a User Account, you warrant that you are over the age of 18 years.

·         The content of the pages of this website is for your general information and use only. It is subject to change without notice.

·         Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

·         Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

·         This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

·         All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

·         Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

·         From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

·         Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of South Africa

·         The Smssolutions Services

Smssolutions operates the Website through which all Users are able to compare a range of products and servcies offered for sale and on special by certain third parties ("Merchants") as regards prices, other product specifications and characteristics, as well as registered Users' ratings of such Merchants and/or their products.

The Website also provides links to the websites of the Merchants and may include advertising relating to Merchants, other third parties, and their products.

Provided you are at least 18 years old, you will be able to register for a User Account, in which case you will be able to make use of further services and functionality on the Website, such as being able to rate and review Merchants and/or their products as well as being able to post comments, manuals, pictures and videos regarding various products.

The services offered via the Website are free of charge.

Note that the Merchants and products listed on the Website do not necessarily represent all suppliers of the relevant products, or all products available, in the market, and Smssolutions does not guarantee that the prices, registered Users' ratings and reviews of products and/or Merchants, or any other information specified on the Website, are accurate or error-free. It is specifically recorded that product pricing and characteristics are supplied to Smssolutions by the Merchants who have agreed to be listed on the Website, reviews and comments are those of our registered Users, as submitted by them and don't reflect the views of Smssolutions, and the ratings given to any Merchants or their products are calculated based on rating submissions made by our registered Users and are not determined by Smssolutions. Smssolutions also makes no guarantees as to the content or accuracy of any external websites to which you may be able to link from the Website.

·         Not responsible for Merchants

Smssolutions's role is limited to providing the platform through which you can view, compare and, if registered, comment on, the products offered by different Merchants. In some instances you will be able to follow links through to such Merchants' websites.

A Merchant which is referred to as a 'trusted Merchant' is a Merchant which is a registered company, having a secure payment gateway and which displays on its website all product information, refund and returns policy, shipping methods and all available payment methods.

However, irrespective of whether Merchants are indicated as 'Trusted Merchants' or not, Smssolutions is not an agent of any Merchant, does not vouch for, or make any warranties in relation to, any Merchant or its products. Neither Smssolutions nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising in relation to any Merchant. Without detracting from the generality of the aforegoing, Smssolutions will not be liable in any way whatsoever in relation to any purchases you may make from any Merchant/s. In purchasing products from any Merchant, you are contracting with the relevant Merchant to purchase such Merchant's product/s and the Merchant is thus solely responsible for the fulfilment of all aspects of your purchase from it. You acknowledge that you are solely responsible for evaluating the price, quality and legitimacy of any products listed on the Website and Smssolutions does not guarantee that any Merchant or other party involved in transactions arising from listings or advertisements placed on the Website will act in good faith.

Because Smssolutions strives to ensure that the information on the Website relating to any Merchant or its products is accurate, up-to-date, and lawful, should you suspect that a Merchant is selling illegal products, conducting fraudulent activity, using bait marketing or otherwise misleading Users in any way, please notify Smssolutions thereof by usinghttp://www.smssolutions.mobi/contact_us/ so that Smssolutions can take such measures as it deems appropriate.

·         Disclaimer

Smssolutions makes no representations or warranties of any nature whatsoever in relation to the Website and/or Services, implied or otherwise, including any warranty that the Website or the server that makes the Website available is free from viruses or other harmful components, or that the functions, content and technology available from the Website are uninterrupted and/or error free. Smssolutions may suspend access to the Website without notice at any time and accepts no liability for any consequences of the Website being unavailable for any reason.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Smssolutions and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

All risk and liability arising from your use of the Website vests with you and neither Smssolutions nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website, including any harm to your computer from viruses, or damages suffered due to the Website being unavailable for any reason. You are encouraged to report any possible malfunctions and errors to us by clicking here: http://www.smssolutions.mobi/contact_us/.

This Website is supplied on an "as is" basis, has not been compiled or supplied to meet your individual requirements, and Smssolutions is not liable for anything you find on the WebSite or any liability you incur through your use of the Services. It is your sole responsibility to satisfy yourself that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

If Smssolutions is found, despite the aforegoing disclaimers, to be liable for any reason, its liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to ZAR500 (five hundred South African Rand). Also, under no circumstances will Smssolutions be liable for any indirect or special damages, consequential loss, loss of profits or loss of data.

·         Your indemnification of Smssolutions

You hereby indemnify and hold harmless each of Smssolutions, its parent, subsidiaries, affiliates, officers, directors and employees, against any and all loss, expense or damage they may suffer, or third party claims which may be made against them, which arise (directly or indirectly) from or in relation to your conduct on the Website or your failure to comply with this User Agreement (including the Privacy Policy), or your violation of any law or the rights of a third party relating to your use of the Website.

·         Intellectual Property Rights

Any and all copyright subsisting in the Website, including this User Agreement, vests in Smssolutions and all rights not expressly granted are reserved.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Smssolutions and as such are protected from infringement by local and international legislation and treaties. Note that the Website may contain images, names, codes or other content that constitute the trademarks, logos, or copyrighted material owned by Merchants or other third parties and you may not copy or use same without their permission.

You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website contact us at http://www.smssolutions.mobi/contact_us/ for assistance.

·         Content & Minors

Smssolutions not liable: Smssolutions cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Smssolutions of any content that may be offensive or illegal. Hyperlinks provided on this Website to other websites are provided as is and Smssolutions does not necessarily agree with, edit or sponsor the content on such web pages.

Minors: There is no age limit on our Users as our Website is not an adult website. However, certain products listed by certain Merchants may be of an adult nature or such that they may only legally be purchased by persons over the age of 18 years, and Smssolutions will not be liable in any way in relation to minors viewing any adult-only product listings on the Website, or subsequently purchasing adult-only products listed on the Website (either because the Website directly linked to the relevant Merchant site, or because the Merchant's name or contact details were listed on the Website). Furthermore, note that Users under the age of 18 may not make use of the additional services made available to registered Users and may thus not register for a User Account.

Users' obligations regarding posting of content: Without detracting from the generality of your obligations under the 'Prohibited Conduct' section below, as a registered User, anything you post/upload to the Website must be strictly relevant to the products and/or Merchants listed on the Website. Also, you may not post/publish any pornographic or offensive material, or material which you do not have the right to distribute. By uploading any media/content to the Website, you warrant that you own the copyright therein or have the permission of the copyright owner to publish such content on the Website and that such content does not otherwise violate this User Agreement.

Use of Advertiser content: The Advertiser, in agreeing to this Terms and Conditions, hereby consents to the royalty free use by Smssolutions, of all copyright vesting in and relating to product information that is lawfully and freely available to the public, including information appearing on the Advertiser's website, including, but not limited to, product descriptions, photographs and illustrations, which may be classified as literary works or artistic works in terms of section1(1) of the Copyright Act 98 of 1978, for the purpose of advertising the Advertiser's products on Smssolutions's website, www.smssolutions.mobi.

·         Privacy

Smssolutions respects your privacy, takes reasonable steps to protect your personal information, and will not disclose your personal information to third parties for marketing purposes without your consent. Please read our Privacy Policy as to our respective rights and obligations in this regard. If you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not accept this User Agreement and you should not register for a User Account or otherwise use the Website.

·         Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Smssolutions suffers any damage or loss.

As a registered User, you agree and warrant that your log-in name and password shall:

o    be used for your personal use only; and

o    not be disclosed to any third party.

You allow Smssolutions to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

·         Prohibited Conduct

Hyperlinks, Framing, spiders and crawlers: No person, business or web site may link to any page on this Website, or use any technology to search and gain information from the Website, without the prior written permission of Smssolutions. Such permission could be obtained by contacting Smssolutions here: http://www.smssolutions.mobi/contact_us/ In addition, no person, business or web site may -

o    use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Website content;

o    reformat or frame this site or any of the pages on this Website in any way whatsoever.

General: You agree to use the Website in accordance with this User Agreement and all applicable laws, regulations and ordinances. In particular, you undertake not to engage in any of the following prohibited conduct in using the Website:

o    threatening, stalking, defrauding, inciting, harassing, or advocating the harassment of another person, User or Merchant, or otherwise interfering with another person's use of the Website;

o    submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion;

o    conducting fraudulent activities;

o    delivering or attempting to deliver any damaging code to this Website or attempting to gain unauthorised access to any page on this Website

o    tampering, hacking, modifying or otherwise corrupting the security or functionality of the Website;

o    posting spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

o    keyword spamming or otherwise attempting to manipulate search results;

o    promoting bigotry or discrimination;

o    violating any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

o    being defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

o    transmitting or posting profanity, adult content or illegal content, such as child pornography;

o    soliciting personal information from minors or to harm or threaten to cause harm to minors;

o    modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the Website or Website content, except as expressly authorised by Smssolutions;

o    reverse engineering any portion of the Website;

o    removing or modifying any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;

o    recording, processing, or mining information about other Users or Merchants;

o    accessing, retrieving or indexing the Website to construct or populate a searchable database of business listings or reviews;

o    taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Smssolutions's technology infrastructure;

o    attempting to gain unauthorised access to the Website, computer systems or networks connected to the Website through hacking, password mining or any other means;

o    using the Website or any Website content to transmit any computer viruses, worms, defects, Trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines or items of a destructive nature in that they may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;

o    using any device, software or routine that interferes with the proper working of the Website, or otherwise attempting to interfere with the proper working of the Website;

o    making excessive traffic demands;

o    violating the security of any computer network, crack passwords or security encryption codes; disrupt or interfering with the security of, or otherwise causing harm to, the Website or Website content;

o    removing, circumventing, disabling, damaging or otherwise interfering with any security-related features of the Website, features that prevent or restrict the use or copying of Website content, or features that enforce limitations on the use of the Website;

o    doing anything which may render Smssolutions liable to anyone, or cause Smssolutions to lose (in whole or in part) the services of our ISP's or other suppliers.

You acknowledge that if you use the Website in a manner that violates the aforegoing provisions, Smssolutions may incur liability and/or suffer damages and accordingly in the event of any such violation, your access to the Website will be subject to limitation, suspension or immediate termination; you will be subject to damages and other penalties, including criminal prosecution where applicable; and you will be held liable to Smssolutions for any and all damages suffered by Smssolutions including any attorney's fees on an attorney and own-client scale) and, without limiting the generality of the aforegoing, you shall reimburse Smssolutions for any and all costs, expenses, and fines levied on it by third parties as a result of your activities.

·         Term and Termination

This User Agreement shall commence from the date on which it is published on the Website and continue indefinitely, as amended by Smssolutions from time to time, for so long as the Website exists and is operational, Smssolutions being entitled to terminate this User Agreement and/or shut down the Website at any time.

·         Changes to this User Agreement

Smssolutions may, in its sole discretion, change this User Agreement or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the User Agreement has been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using in any way, the Website.

·         Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of this User Agreement, you and Smssolutions submit to the non-exclusive jurisdiction of the South African courts.

·         Disputes

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Smssolutions on any matter provided for in, or arising out of this User Agreement or your use of the Website, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf

Note that Smssolutions will not be involved in any disputes between you and a Merchant. Smssolutions is not your, or any Merchant's agent and will not act as either of your agent in connection with resolving any disputes between the two of you.

·         Domicile

Smssolutions chooses as its domicilium citandi et executandi (ie its address) for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO Box 523, Banbury, 2165, South Africa.

·         Electronic Communications

When you visit the Website or send e-mails to Smssolutions, you consent to receiving communications from Smssolutions electronically and agree that all agreements, notices, disclosures and other communications sent by Smssolutions satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".

·         Information

As required by the Electronic Communications and Transactions Act, Smssolutions's information is as follows:

Full name: Smssolutions (Pty) Ltd, registered in South Africa, registration number 1993/030263/23
Main business: Online service provider (specials) 
Website: http://www.smssolutions.mobi
Official email address: http://www.smssolutions.mobi/#!contact-us/c2044