LegalThe Fine Print
Use of Site
Last Updated: 4 December 2015
Smerno (Pty) Ltd (hereinafter referred to as "Smerno");
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of Smerno or any of its employees.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
1. How these terms apply to you
1.1. The basic services offered by this website "Smerno" are provided to you free of charge: on an "as is" and "as available" basis. Smerno uses its best efforts to maintain the quality of its services, but you should not assume that Smerno is error-free or that it will be suitable for the particular purpose which you have in mind when using it.
2. Content and Disclaimers
2.1 Smerno links you to sites and information located worldwide throughout the Internet. Because Smerno has no control over such sites and information, Smerno offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.
2.2 Smerno shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
2.2.1 any unauthorised access of this website by third parties
2.2.2 any breakdown or failure of any equipment or medium of access to this website
2.2.3 any failure or unavailability of Smerno or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
2.2.4 the destruction or accessing of the User's data or equipment
2.2.5 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website
2.3 You hereby indemnify Smerno against any demand, claim or action against Smerno relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.
2.4 Smerno reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
2.5 Unless expressly stated to the contrary, Smerno owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
2.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via Smerno. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.
3. Evolution and the need for flexibility
4. Access to Smerno and Registration
4.1 As Smerno evolves certain services may require a minimum equipment or bandwidth specification. We will try to inform you of these requirements but it is your responsibility to ensure that you have the right equipment or bandwidth for these services at the time of access. We are not liable for any failure to use Smerno caused by your failure to do so. 4.2 Some parts of Smerno may be accessible only to users who subscribe or pay a "per-use" charge. These sections will be clearly marked. 4.3 On registration you must provide accurate and complete information as prompted by the registration form or any other request made by Smerno "User Data". If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected. 4.4 If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if Smerno has reasonable grounds to suspect that any User Data is inaccurate or incomplete Smerno may suspend or terminate your account and access to the services. 4.5 You may unsubscribe from Smerno at any time by contacting Smerno at email@example.com
5. Your obligations
5.1 You acknowledge that by using Smerno and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Smerno is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content. 5.2 You must not use Smerno in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.
Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.
We reserve the right to:
1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4. Change the price of any of the services or products offered, we endeavour to notify our clients within 2 weeks should this become necessary.
5. Increase the speed or amount of available data at any time, provided it is at no extra cost to the end user/client.
6. Withdraw any Promotions, Special Offers, Specials or Competitions at any time.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Errors and Omissions Excepted
Neither Smerno (Pty) Ltd. 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 and/or other channels of communication. Furthermore, Smerno (Pty) Ltd. makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to firstname.lastname@example.org.
Smerno (Pty) Ltd shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Smerno (Pty) Ltd. will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.