Terms of Use

Important Notice

1. Please read our terms of use carefully. Your use of this website and any of the services offered on this website will be subject to the then current version of our terms available on this website at the time of your use. If you do not accept our terms of use, you may not access our website or use any of the services available via our website.

2. Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our website.

3. We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this website since the then current version of the terms will apply to your use.

Should you have any questions regarding this site’s terms of use, please contact us at in**@sm*******.co or Tel: +27 (0)21 205 0630
Part A: General Information and Terms 1. General Information

For your convenience, we have listed below some general information about ourselves:

● “We” are Smartload SA (Pty) Ltd, and “us” and “our” have a corresponding meaning herein.
● We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2017/338670/07
● Our chief executive officer is David Botes and the Board of Directors of Smartload SA (Proprietary) Limited is available on request.
● Our postal address is PO Box 1496, Paarl South, 7624
● Our address of establishment is Bovenland Office Building, Pieter Hugo Street, Paarl, South Africa and we will accept service of all legal documents there;
● Our telephone number is Tel: +27 (0)21 205 0630
● Our e-mail address is in**@sm*******.co
● Our VAT number is 4280279128

2. Definitions

In these terms of use:
● Products means any goods or other products that are made available by us via this website;
● We, us and our means Smartload SA (Proprietary) Limited (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
● You means the user of this website;
● Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;

3. General Conditions of Use for this Web Site

1. You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this web site and the services offered on it.

2. You may not access this site for any purpose other than for utilising the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute.

Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not post or transfer any material to our web site that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system.

We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.

3. We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our us if you have a complaint about the activities of or content submitted by a user of this site.

4. We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.

5. Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.

6. Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.

7. The downloading and use of data contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.

8. ACCESS TO OUR WEB SITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEB SITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.

9. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use. It is your responsibility to review our terms of use on each occasion prior to making use of this site. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.

10. We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalise your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes. The Provider will endeavour to comply strictly with the provisions of both the Protection of Personal Information Act (POPIA) as well as the Promotion of Access to Information Act (PAIA). The Smartload SA (Pty) Ltd POPIA and PAIA manuals are readily available upon request.

11. We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

Part B: Complaints and General
1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit a complaint via email to in**@sm*******.co We will try to do our best to resolve any problems that arise. We require that you provide us with the following as part of your complaint:

● Your full names, physical address, telephone number and email address
● The location and description of the service feature or transaction which is the cause of your complaint
● The problem with the service or transaction or rights that you allege to be infringed by such feature or component
● The actions you would like us to take to remedy the problem
● A statement confirming that you are making the complaint in good faith
● A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
● Please incorporate your signature into the complaint

● Use of this website is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate’s Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate’s Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court’s jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our website services.

● These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

● Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

● You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.

● We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

SmartLoad