smartware® is a brand trading within smartware Southern Africa Pty Ltd, registration number 2014/284222/07.
These terms govern your use of the smartware website. Access to the services, content and downloads available on the smartware website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act).
1“terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and SMARTWARE;
2“we” or “us” or “Smartware” means Smartware, whichever one applies;
3“website” means www.Smartware.co.za;
4“Smartware website” means www.smartware.co.za;
5“you” or “user” means any person who visits, accesses or uses the website.
As a user, smartware grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your review from the website or purchasing goods or services from the website.
You may only use the website if, in terms of South African law, you have the legal capacity to agree.
You may only link to the website by linking to the home page of the website.
You, the customer, agrees and acknowledges that:
You may not:
In line with the Film and Publication Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Smartware will not knowingly collect information from users in this age group.
No transaction will be concluded between Smartware and a person under the age of 18 unless written consent thereto is received by Smartware from a parent or legal guardian. Smartware, therefore, reserves it’s Right to request proof of identity before concluding any transaction. Your continued use of this website confirms that you are 18 years old or older
A refund is deposited directly into your credit, debit card or bank account. This process may take up to 10 working days. A refund processing period will only start from the time we have received the returned goods.
Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (“the CPA”). If you are entitled in law to return goods, then and in line with the CPA, a handling fee of up to 15% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.
All pricing displayed on the web is inclusive of the current South African VAT, in South African Rands, and are subject to price changes and may change with no warning or notification. Please note that all prices displayed exclude the cost of delivery. Smartware takes utmost care to ensure that the displayed prices are correct. Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error and, or where it is a website specific promotion for online purchases only or in branch-specific promotion for branch purchase only. Hence such promotional pricing will not be honoured. If a mistake is made or we display the incorrect price, we will correct this as soon as we are made aware of the incorrectly displayed price.
We conduct all transactions in South African RAND (R) (ZAR) through Peach Payments. When Patfast Payments processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The Peach security policy can be found at (insert link).
Please also read the Payfast Payments Terms and Conditions, at Payfast. By submitting a sales order through any of the Smartware website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact to do so. This includes that you have got the express permission (indemnity) of the person and or business whose information you are submitting/using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, or any other applicable legislation. You indemnify Smartware, its Members and employees from any claim and/or liability from any third party arising out of your instructions and/or use of the service(s).
Smartware accepts the following payments on its website:
Your order number needs to be used in the reference section of the deposit slip or the electronic transfer, we will not be held liable for any delays should you fail to include these. Your delivery timeframe is dependent and will commence on the time and date of the funds reflecting in Smartware account.
Depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances, there will be a delay in having your order shipped.
It requires registration with 3D Secure when shopping online with us as a 3D secure merchant. No username and password to remember anymore. You will now receive a one-time pin (OTP) instead that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Debit & Credit Card against fraudulent online use. We all love the convenience of shopping online but concerned about the risks that may be involved. Therefore, we at Smartware deploy technology, such as 3D Secure, which will protect you while you shop.
Smartware reserves the right, to prevent suspected fraud, to refuse to accept or process the payment of any order, and/or to cancel any sale concluded between you and Smartware, in whole or in part, on notice to you. Smartware shall only be liable to refund monies already paid by you and accepts no other liability, which may arise as a result of such refusal to process any order/sale
General Delivery Information:
Unless otherwise specifically stated or specifically agreed to, the delivery charges will be for your account.
Failed delivery:
In the unfortunate event that you receive a delivery whereby the goods delivered to you does not match your products or its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on 010 824 0161, to have the incorrect goods collected and the correct goods delivered to you.
Damaged Goods delivered:
Please notify us within 24 hours of receipt of delivery on 010 824 0161, in the regrettable event that you receive a damaged product. We will do our best to have the damaged product collected and a new product delivered to you within a maximum of 48 hours (weekdays only).
Price of delivery:
The will be a standard flat rate delivery fee of R120 which will be delivered within 3 – 7 working days.
Express Flat rate delivery fee of R140, which will be delivered within 2 – 3 working days.
The Delivery period is based on the following:
Delivery Periods important to note:
All materials published on the Smartware website are protected by copyright and owned or controlled by Smartware or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of Smartware or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of Smartware or are used by Smartware under license. Smartware will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.
If you respond to Smartware via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential. Smartware will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Smartware will also be able to use any ideas, concepts, know-how or techniques in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that Smartware may publish the information, use it as part of its operations, and incorporate its concepts in Smartware goods or for any other purposes, which Smartware considers necessary, without liability.
Smartware will deal with your personal information in terms of the privacy policy
Smartware may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages. Save for certain exceptions and subject to certain charges
Smartware is to be exempted from any liability due to a customer failing to provide accurate registration information, or a customer failing to view special warnings, etc.
Subject to applicable law, you agree to indemnify, defend, and hold Smartware harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website