TechSmart - Terms And Conditions

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General terms of use for this website

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. This section should be read together with the terms and conditions for online purchases.

By accessing any Smart Publishing or TechSmart Magazine website ("the Sites") or by otherwise accessing any content, software, products or services available through the Sites ("the Content"), you are deemed to have entered into an agreement with Smart Publishing and to have agreed to be bound by the Terms set out below. The Sites are owned and operated by Smart Publishing.

Entity information

Smart Publishing CC trading as Techsmart Magazine ("Smart Publishing")

Registration Number CK2003/018920/23

Physical address: Menlyn Woods Office Park, 291 Sprite Ave. Faerie Glen, Pretoria
Postal address: TechSmart Magazine PO Box 32123, Glenstantia, South Africa
Contact number: +27 12 342 5141
Contact e-mail: michael@smartpublishing.co.za

1. Privacy Policy

Smart Publishing will make every reasonable effort to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

Smart Publishing will not make your personal information accessible to the general public. Smart Publishing will not sell or rent out your information to any outside parties.

Your information will only be utilized by Smart Publishing. It will not be shared except when necessary for the completion of transactions involving third parties. Under these circumstances only the information required to complete the specific transaction will be shared with the third party.

Smart Publishing may collect, store and use the following personal information, by means of electronic collection:

Name and surname;
Registration;
Birth date;
Gender;
Country of residence;
Closest city;
Non-personal browsing habits and click patterns;
E-mail address;
Mobile number (if provided by you);
IP address;
ID number / passport number;
"Cookies" Updating Your Customer Information

Registration information (such as your name, billing address and shipping address as it may differ from the billing address, email address, contact numbers) are used for order processing.

For advertising and research purposes, visitor and customer information such as purchase information may be statistically aggregated and reported to advertisers. No personally identifiable information i.e. name, credit card information will be shared.

Your date of birth and gender are; subject to your consent, used for access and use of the website as well as competitions and special offers from Smart Publishing.

Smart Publishing retains the right to use aggregated personal information to:

compile non-personal statistical information about click-patterns, access to Smart Publishing and browsing habits
verify your identity
ensure that the goods are received by the correct person

Through your browser you can determine software tags called cookies. With this information we customise the service we offer you and to track your shopping cart.

You may elect not to receive any communications from Smart Publishing and/or its partners.

Smart Publishing owns and retains all rights to non-personal statistical information collected and compiled by Smart Publishing.

Complaints may be filed by e-mailing us at: info@smartpublishing.co.za

2. Registration, Passwords and Responsibilities

Some parts of the Sites require registration. You are solely responsible for the security, confidentiality and use of and access to the Content and Sites using your username, password or ID. You agree to immediately notify Smart Publishing if you become aware of any loss or theft of any username, password or ID or any unauthorised use of a username, password, ID, or any other login details. Smart Publishing reserves the right but accepts to responsibility to monitor and record activity on the Sites, including access to Smart Publishing or TechSmart Magazine Content.

3. Intellectual Property

The term "Intellectual Property Rights" means, copyrights, database rights, trademarks, trade names, domain names, rights in logos and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.

All Intellectual Property Rights in the Content and design of the Sites and any material emailed to you or otherwise supplied to you in conjunction with our online products are the property of Smart Publishing. You may not use or reproduce any Smart Publishing or TechSmart Magazine Intellectual Property, including any trademarks, registered or unregistered, (such as the "Smart" name and logo or other trade names appearing on the Sites) for any reason without written permission from Smart Publishing.

4. Use of Smart Publishing or TechSmart Magazine Content

You may retrieve and display TechSmart Magazine Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the Sites all copyright and other notices must be kept intact.

Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Sites. In particular, you may not do any of the following without prior written permission from Smart Publishing:

4.1 No parts of any TechSmart Magazine or Sites may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners.

4.2 You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise).

4.3 Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Smart Publishing.

Any use of TechSmart Magazine Content not specifically permitted above is expressly prohibited.

Requests for permission for use must be sent to:
The Editor, TechSmart Magazine PO Box 32123, Glenstantia, South Africa or e-mailed to: michael@smartpublishing.co.za and may be subject to a fee.

5. Complaints and disputes

Any complaints and/or disputes with regards to site content, technical errors or site use may be sent to Smart Publishing at TechSmart Magazine PO Box 32123, Glenstantia, South Africa.

Any complaints and/or disputes with regards to items purchased via the online shopping portal may be sent to LivDigital (Pty) Ltd at 62 Old Pretoria Road, Midrand, South Africa.

6. Licence Fee, Payment, and Transactions

Access to certain Smart Publishing Content may be subject to a fee or subscription charge. All payments (including applicable taxes) must be made in advance in a currency specified by Smart Publishing.

There may be opportunities from time to time to use the Sites to purchase products or services from third party suppliers. In that event, your contract for such products will be with the third party provider and not with Smart Publishing or TechSmart Magazine. Please see the terms and conditions for online purchases for more details in this regard.

All refunds that relate to Smart Publishing and TechSmart Magazine products or services are at the discretion of Smart Publishing and TechSmart Magazine. Any product specific offers, conditions or terms are stated at the point of purchase for that product.

7. Terms and Termination

Smart Publishing or TechSmart Magazine may, at its discretion, terminate or suspend individual or group access to all or part of the Sites (including any right to access and use of Smart Publishing or TechSmart Magazine Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Smart Publishing or TechSmart Magazine as per these Terms and Conditions or by law.

8. Changes to the Site(s)

Smart Publishing or TechSmart Magazine reserves the right, in its sole discretion, to suspend, change, modify, add or remove portions of the terms and conditions and/or Content available on the Sites at any time and to restrict the use and accessibility of the Sites. It is your obligation to periodically check the terms and conditions and/or Content for changes or updates.

Your continued use of this Website following the posting of changes or updates will be considered notice of the your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

9. No Warranty, Disclaimer of Liability and Indemnity

Whilst every effort has been made to ensure the high quality and accuracy of the Sites, Smart Publishing makes no warranty, express or implied concerning the Content of the Sites, which is provided "as is".

Smart Publishing and TechSmart Magazine expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality.

In no event will Smart Publishing, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content, even if Smart Publishing has been advised of the possibility that such damages may arise.

Smart Publishing or TechSmart Magazine does not guarantee the accuracy or timeliness of the content appearing on the Sites, or that the Sites or related systems are free from viruses or other contaminating or destructive properties.

In the event that Smart Publishing or TechSmart Magazine incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service. Except in respect of fraudulent misrepresentation, this agreement together with any order form and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein.

Any prior written or verbal agreements are superseded by this Agreement.

10. Force Majeure

Smart Publishing, its agents and affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Smart Publishing or TechSmart Magazine Content, services or products resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

11. Links to Third Party Websites

The Sites may contain links and pointers to Internet sites operated and/or maintained by third parties. Smart Publishing or TechSmart Magazine does not operate or control in any respect any information, products or services on such third party sites. Links are provided solely for your convenience, and do not constitute any endorsement or relationship by Smart Publishing, TechSmart Magazine and/or its suppliers and/or agents. You assume sole responsibility for use of third party links and pointers. Reliance on any promotional or advertising material contained in such a link/pointer is entirely at your own risk.

Once you follow the link/pointer to the third party internet site, it is important to note that Smart Publishing no longer has any control over any personal information collected electronically by the third party via the third party internet site. Be sure to peruse the privacy terms and conditions of the relevant third party internet site before supplying any personal information.

12. Your comments

We value comments received from visitors to our site. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and we are not liable to any third party regarding the content of your comments.

13. Jurisdiction

Smart Publishing makes no representation that the Content is appropriate or available for use in other locations or countries except for the Republic of South Africa. Access to the Website from territories or countries where the Content is illegal is prohibited. You may not use this Site in violation of South African export laws and regulations. If you access this Site from locations outside of South Africa, you are responsible for compliance with all your local laws. These terms and conditions shall be governed by the laws of the Republic of South Africa.