Terms and Conditions for use of Smart®evolution

ACCESSING OUR WEBSITE

These general terms and conditions of use (the “Terms and Conditions”) and the privacy policy “Privacy Policy” apply to all users and subscribers, whether individuals or businesses, of the smart®evolution (“SR/us/we/our”) website or blog (collectively, the “Site”).

By viewing and using the Site you, whether: (a) an individual (the “Individual”) or (b) an organisation (the “Organisation”) will be deemed to accept and agree to abide by, without qualification, the Terms and Conditions and the Privacy Policy. You may not use the Site if you are not of legal age or authorised to form a binding contract with SR. If you do not agree to these Terms and Conditions and the Privacy Policy, please do not access or otherwise use the Site.

PROPRIETARY RIGHTS, COPYRIGHT AND LIMITED REPRODUCTION NOTICES

All right, title and interest in and to the Site and commentary, opinions, advice, services, merchandise and other information contained on the Site (the “SR Materials”) are and shall remain the exclusive property of SR or its licensors and you will not dispute such ownership. No interest, assignment, licence or any right, including moral rights, respecting the SR Materials, other than expressly set out herein, is granted to you under these Terms and Conditions by implication or otherwise.

If you do post content or submit material, and unless we indicate otherwise, you agree: to grant SR non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; to grant SR the right to use the name that you submit in connection with such content, if SR chooses; to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

All works on the Site are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use, copy or distribute or sell any SR Materials, or sell any information, software, products or services obtained from the Site in any manner not allowed for herein, without obtaining a licence to do so from us or our licensors. No part of the Site may be reproduced, transmitted or stored (including in electronic form) except that you may print, or download to your hard drive extracts from the Site only for your own personal or internal business use.

You must not modify the paper or digital copies of any SR Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the SR Materials must always be acknowledged.

POSTING INFORMATION

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to SR: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable SR policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify SR and its affiliates for all claims brought by a third party against SR or its affiliates arising out of or in connection with a breach of any of these warranties.

LINKING

The contents of the Site may include links to third party materials (“Linked Sites”). We are not responsible for the contents of any Linked Site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.

These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Linked Sites or any association with their operators. We reserve the right to prohibit links to the Site and you must immediately remove or cease any link at our request. You will not frame any part of the Site material by including advertising or other revenue generating material.

DISCLAIMER

We reserve the right to withdraw, amend, modify, suspend, or discontinue any portion of the Site or the information and/or services we provide on the Site, in whole or in part, without notice and at any time. We will not be liable or held responsible in any way, if for any reason the Site is unavailable at any time or for any period, or for any termination of your access to any forum and/or the removal of information concerning your account. Use of information contained on the Site is at your own risk and we are not responsible for any adverse consequences arising out of such use.

You understand that we cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

Although reasonable care has been taken to ensure the facts stated in the Site are accurate and the opinions given are fair and reasonable, we do not give any warranty of accuracy, reliability or fitness for any purpose of the SR Materials to you or any other person. The SR Materials are not intended to amount to advice on which reliance should be placed. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the SR Materials provided through the Site or on the Internet generally.

We therefore disclaim all liability and responsibility arising from any reliance placed on the SR Materials by any visitor to the Site, or by anyone who may be informed of any of its contents. To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Site and SR Materials and we will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special, or loss of profits) even if foreseeable. If SR becomes liable for any form of loss or damage, SR’s maximum aggregate liability will be limited to amounts paid by you to SR in the six months prior to the time the liability arises.

The comments and views represented on the Site are the individual comments and views of the users alone and in no way represent the official views of SR. Any material, information or other communication you transmit or post to this Site (“User Submissions”) will be considered non-confidential and non-proprietary communications. We have no obligations with respect to the User Submissions, and shall be free to copy, disclose, distribute, incorporate and otherwise use the User Submissions for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of User Submissions, as provided herein.

Although we will attempt to keep all objectionable messages off this Site, it is impossible for us to review all messages. Each posted message express the views of the author of that message, and we will not be held responsible for the content, accuracy or completeness of any message. We are under no obligation to post or use any User Submissions and reserve the right to remove, edit, move or close any thread for any reason. We do not tolerate comments that are disrespectful, slanderous, or generally unrelated to the objectives of the Site. If users are found to consistently violate these objectives, they will be banned from contributing.

You will take all necessary action to defend and indemnify SR, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Terms and Conditions.

THE SITE CHANGES REGULARLY

We aim to update the Site regularly, and reserve the right to change the SR Materials at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the SR Materials may be out of date at any given time, and we are under no obligation to update such material.

AMENDMENTS

We reserve the right to change these Terms and Conditions and the Privacy Policy (“Amendments”) at any time. Changes to these Terms and Conditions and the Privacy Policy will be effective when posted. You agree to review these Terms and Conditions and the Privacy Policy periodically to be aware of any Amendments. Your continued use of this Site after any Amendments to these Terms and Conditions and the Privacy Policy are posted will be considered acceptance of those Amendments.

MISCELLANEOUS

These Terms and Conditions and the Privacy Policy are governed by and will be construed in accordance with the laws of South Africa, without reference to any conflict of laws provisions. SR controls the operation of this Site from its office at 22 Chester Road, Parkwood, Johannesburg, South Africa and makes no representation that the SR Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws. If any provision of these Terms and Conditions or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions or the Privacy Policy respectively, and shall not affect the validity and enforceability of any remaining provisions. If you breach these Terms and Conditions or the Privacy Policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions or the Privacy Policy.

CONTACT

When you visit SR or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have any questions, concerns or complaints in relation to the Site, these Terms and Conditions or the Privacy Policy, please contact us by sending an email to info@smartrevolution.org.

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