LEGACY BUSINESS SOLUTIONS (PTY) LTD’S TERMS OF SERVICE
THESE TERMS OF SERVICE ARE EFFECTIVE AS OF: 1 OCTOBER 2018 “EFFECTIVE DATE”
READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE
1.1 The Legacy Business Solutions website http://www.smartdealsapp.com and mobile application(s), are made available, and owned by Legacy Business Solutions (Pty) Ltd t/a Legacy Business Solutions (bearing registration number 2018/301256/07) (hereinafter referred to as “we”, “our” or “us”). Any reference to “we”, “our” or “us” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and suppliers.
1.3 Accessing and/or use of the Platform after the Effective Date will signify that the User has read, understands, accepts, and agrees to be bound, and are bound, by the Terms in such User’s individual capacity and/or for and on behalf of any entity for whom the User utilises the Platform. Further, the User represents and warrants that the User has the authority to do so and that in the case of a User being a natural person, the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4 To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to Users, and any revisions to the Terms shall be noted within such Terms and will take effect when posted on the Platform, unless a later date is otherwise stated in the revised Terms. A User’s continued use of the Platform and/or the Services will be construed as a User’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these Terms, is to stop the use of the Platform.
1.5 References in these Terms to ‘include’, ‘including’ and ‘in particular’ are to be interpreted without limitation.
2.1 The following terminology applies to these Terms:
2.1.1 “Advertisers” shall mean the advertisers who place adverts on the Platform for viewing, and at the Customer’s discretion for purchase by the Customer;
2.1.2 “Advertised Deals” shall mean the goods and/or services advertised by the Advertisers as deals on the Platform;
2.1.3 “Customer” shall mean the customer using the Platform who avails themselves of the Services as offered on the Platform;
2.1.4 “Parties” shall mean us and the Users, us and the Customer or us and the Advertiser, as the context requires;
2.1.5 “Platform” shall mean the platform(s) on which the services are offered and which shall include the website together with any and all applications.
2.1.6 “Services” shall mean those Services as provided to the Customer through the Platform as more fully set out in clause 4 below;
2.1.7 “User” or “Users” shall mean the Advertiser and the Customer collectively; and
3 USERS agreement to these Terms
3.1 Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Platform in accordance with the various policies and agreements which may govern such use and access.
4 Description of our current and projected Services
4.1 The Services as provided through this Platform are constantly being improved and expanded on.
4.2 At present:
4.2.1 our Services are limited to enabling a Customer to view Advertised Deals as placed on the Platform by Advertisers. In the event that a Customer wishes to purchase the Advertised Deals, the Customer will be referred to the Advertiser’s store in order that the purchase may be processed through the payment mechanisms and terms and conditions as may govern the Advertiser; and
4.2.2 the Customer will also be provided with a unique reference number to be used when purchasing the Advertised Deals in order that an Advertiser may ascertain from where the interest in the Advertised Deals emanated.
4.3 In future:
4.3.1 we will enable the purchasing of Advertised Deals directly through the Platform;
4.3.2 a payment portal will also be implemented, allowing Customers to utilise the following payment methods.
126.96.36.199 Credit and Cheque Cards;
188.8.131.52 Electronic Fund Transfers; and
184.108.40.206 Payment gateways such as Payfast. In this regard, Customers are encouraged to consult such payment gateway’s individual websites in order to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through the relevant payment gateway.
4.4 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
5 Registration Process
5.1.1 Only a registered Customer may purchase Advertised Deals.
5.2.1 Only a registered Advertiser may display Advertised Deals on the Platform.
6 COST TO ADVERTISERS
6.1 An Advertiser may place as many Advertised Deals on the Platform as it so desires at a zero cost
Advertisers are encouraged to set up vendor accounts on SmartDealsApp in order to advertise. Legacy Business Solutions has sole discretion to remove adverts that are offensive and to delete accounts of advertisers seeking to undermine shopper safety.
To activate payment gateway for your business, simply email email@example.com;
subject line ” Your Vendor Name- Upgrade ” .
A consultant will send required documentation.
Sage Pay Now Transaction rates are as follows:
Fee type and Cost
|Sub-Acount Fee||R 11.30|
|Instant EFT||R 6.00|
|Bank EFT||R 3.50|
|Credit Card (+R1.00 Transaction fee)||3.80%|
|Masterpass (+R1.00 Transaction fee)||3.80%|
|VISA Checkout (+R1.00 Transaction fee)||3.80%|
Pay Now enables you to present any Benefits of Sage Payment Gateway as a SmartDealsApp vendor
of the following payment options:
• You will be notified immediately when payment has been made, ensuring goods or services can be dispatched without delay.
• Your clients can now make real-time payments from 6 major banks without having to recapture any
bank details, leaving no room for error.
• Instant EFT is a guaranteed method of payment that ensures no chargebacks or fraud.
• Your clients can now make payments to your Sage Pay account at any of the 5 major South African banks.
• Improve your cash flow by having access to your funds quicker.
• Accept local and international MasterCard and VISA payments.
• No need for credit card merchant facilities at your bank.
• Our transactions are 3D secure, protecting you from fraud and reducing chargebacks.
• Clients can pay you using a unique barcode by printing and presenting it to participating retail outlets.• Participating retail outlets include Checkers, Checkers Hyper, Shoprite, OK, USave, House & Home, and
the SA Post Office.
• Offer your clients the convenience of using their Masterpass digital wallet.
• Masterpass allows for hassle-free, secure online payments from their connected device.
• Helps increase conversion through a streamlined checkout process to capture sales that would
otherwise be lost.
• Supports your business growth with an expanding ecosystem of participating banks and merchants,
which is building the Visa Checkout user base and offers the potential for new customers.
• Reduces fraud. With advanced security tools, such as device fingerprinting and step-up authentication,
which authenticate consumers before they make a purchase
6.2 No Advertised Deal shall be displayed on the Platform payment without accepting the terms of service.
7 AGREEMENT BY THE USER
7.1 Subject to, and on the basis of a User’s acceptance of the Terms, we grant the User a limited, revocable, non-transferable license to access and use the Platform for the Services in accordance with the various policies and agreements which may govern such use and access.
7.2 A User agrees not to use the Platform for any illegal or unauthorised purpose.
8 WARRANTIES BY THE USER
8.1 The User warrants and represents that the information provided to us is and shall remain accurate, true and correct and that the User will update the information held by us to reflect any changes as soon as possible.
8.2 Any User registering on the Platform warrants that if registering on behalf of an entity, such User will be taken to have represented to us that it has the authority to act on behalf of the entity, and that these Terms will be binding on the entity.
8.3 Users further warrant that when using the Platform or registering on the Platform, you:
8.3.1 are not impersonating any person or entity;
8.3.2 are not violating any applicable law regarding use of personal or identification information;
8.3.3 are authorised to create an account; and
8.3.4 will provide, on demand from us, verification of such User’s credentials in such form as required by us.
9 PROTECTION OF PERSONAL INFORMATION
10 Links to other Platforms
10.1 The Platform may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
11.1 We make no express, implied or statutory representations, warranties, or guarantees in connection with this Platform, any other Users of the Platform, including but not limited to partners, or third parties, or any materials on the Platform relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Platform.
11.2 Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Platform and any information or material contained or presented on this Platform is provided to you on an “as is,” “as available” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We do not warrant the timeliness, workmanship, or completion of the Platform. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using this Platform.
11.3 Without limiting the generality of the foregoing, we make no warranty that this Platform will meet a User’s requirements, or that the Platform will be uninterrupted, timely, secure, error free or that defects in this Platform will be corrected.
11.4 We make no warranty as to the results that may be obtained from the use of the Platform or our Services as to the accuracy or reliability of any information obtained through the Platform. No advice or information, whether oral or written, obtained by a User through the Platform or from us or its third party service providers shall create any warranty enforceable as against us.
11.5 To the maximum extent permissible by applicable laws, we denounce any fiduciary responsibilities to any Users of the Platform.
12 Unauthorised Use of ThE Platform BY USERS
12.1 A User is specifically not permitted to use the Platform in any of the following ways (which list should not be deemed to be exhaustive of our rights in this regard):
12.1.1 For any public or commercial exploitation which includes the use of the Platform on another site or through a networked computer environment;
12.1.2 In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of the Platform;
12.1.3 To stalk, harass, or harm another individual;
12.1.4 To impersonate any person or entity or otherwise misrepresent the true state of affairs;
12.1.5 To interfere with or disrupt the Platform or servers or networks connected to the Platform ;
12.1.6 To use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or
12.1.7 Attempt to gain access to any portion of this Platform, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.
13 advertisment Content
13.1 The Advertiser is solely responsible for the advertisements uploaded onto the Platform and such advertisements are considered both non-confidential and non-proprietary.
13.2 In submitting any advertisement to the Platform the Advertiser makes the following representations and warranties:
13.2.1 all rights in and to such advertisement (including, without limitation, all rights to the reproduction and display of such advert) are obtained by such Advertiser;
13.2.2 all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of the advertisement, if any, have been paid prior to your submission of same to the Platform.
13.2.3 the advertisement does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
13.2.4 the advertisement does not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;
13.2.5 By submitting the advertisement, the Advertiser grants us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to utilise the advert for the purposes of providing the Services.
14.1 The contents of the Platform are the property of Legacy Business Solutions, with the exception of the advertisements, and are protected by South African and international copyright laws. We do not permit copyright infringing activities and infringement of intellectual property rights on the Platform.
14.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission or the copyright owner (in respect of an Advertiser), and further, should such consent be provided, we reserve our right to withdraw such consent at any stage, in its sole and absolute discretion.
14.3 A User is expressly prohibited to “mirror” any content, contained on the Platform on any other server unless with our prior written permission, and further, should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
14.4 A User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Platform, so long as the link does not portray us, our affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use our logo or other proprietary graphic or trademark as part of the link without our express permission, its affiliates or content suppliers.
15.1 A User may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.
16 INTELLECTUAL PROPERTY
16.1 A User agrees not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Services including any algorithm used by us.
16.2 We either own or are licensed to use all intellectual property on the Platform. You may not use any of our intellectual property for any purpose other than may be required to use the Platform for its intended purpose.
17 LIMITATION OF LIABILITY AND INDEMNITY
17.1 The Platform are used entirely at a User’s own risk.
17.2 We are not responsible for, and a User agrees that we will have no liability in relation to, the use of and conduct in connection with the Platform.
17.3 A User hereby indemnifies us and undertakes to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us, a User, Customer or Advertiser arising out of or in connection with these Terms.
17.4 To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these Terms, might apply in relation to a User’s use of the Platform.
17.5 Nothing in these terms and conditions will: (a) limit or exclude our or a User’s liability for death or personal injury resulting from negligence; (b) limit or exclude our or a User’s liability for fraud or fraudulent misrepresentation; (c) limit any of our or a User’s liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or a User’s liabilities that may not be excluded under applicable law.
17.6 To the extent that the Platform and the information and Services on the Platform are provided free-of-charge, we will not be liable for any loss or damage of any nature.
17.7 We will not be liable to a User in respect of any business losses, including, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill and all indirect and consequential losses or damages.
Without prejudice to our other rights under these Terms, if a User breaches these Terms in any way, we may take the action we deem appropriate. We may suspend a User’s access to the Platform, prohibiting you from accessing the Platform, block computers using your IP address from accessing the Platform, contact your internet service provider to request that they block your access to the Platform and/or bringing court proceedings against you.
19.1 Our failure to act to enforce a right in these Terms does not mean that we have waived any right in terms of these Terms.
19.2 Any consent to depart from the Terms will be ineffective unless it is confirmed in writing and signed by us.
19.3 Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
19.4 The rights, powers and remedies provided to us in these Terms are in addition to the rights, powers and remedies provided by law independently of these Terms.
19.5 These Terms constitute the entire agreement, read together with any policy included in the Terms.
19.6 These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
19.7 Any claims, legal proceeding or litigation arising in connection with these Terms shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.
19.8 If any provision in these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
20.1 All notices and other communications required under these Terms will be in writing and will be addressed to the Parties at the following addresses:
Legacy Business Solutions (Pty) Ltd
Address: 2nd Floor, Nelson Mandela Square
Maude Street, Sandton
Telephone No: (011) 881 5489
Email Address: admin@OurBusinessSolutions.co.za
The address provided on registration
The address provided on registration
20.2 Any Party may change their above address. The change will only be effective once the other Party has received notice of the change.
20.3 Notices and communications must be delivered by prepaid registered post, by hand (to a responsible person during ordinary business hours) or by email, to the respective addresses provided by the Parties.
20.4 Delivery by hand is considered received on day of delivery unless delivered after business hours in which case the following business day will constitute delivery. Delivery by registered post 10 days after posting (unless proved otherwise) provided it is addressed correctly. Delivery by email will be considered to have been received on the date of transmission (unless the contrary is proved).
20.5 Any notice given in writing and actually received by the other Party, will be deemed to have been properly delivered and received, despite the fact that such notice has not been given in accordance with this clause.
These Terms have been custom created for us, Legacy Business Solutions (Pty) Ltd, by the good folks at Legal Legends www.legallegends.co.za.
For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”). SmartDealsApp also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
When making use of the Website, users may be asked to provide the following information (Personal Information):
National, ethnic or social origin.
Bank account details.
Company / CC / business name.
Company/CC/business registration number.
All payment information will be captured through the Website. Further, SmartDealsApp shall retain payment information on behalf of its users.
We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
The provision and performance of the services;
Informing you of changes made to our website;
The provision of marketing related services to you by SmartDealsApp;
Responding to any queries or requests you may have;
Developing a more direct and substantial relationship with users for the purposes described in this clause;
Developing an online user profile;
Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;
For security, administrative and legal purposes; and
The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a user.
Although absolute security cannot be guaranteed on the internet, SmartDealsApp has in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.
Your information will not be stored for longer than is necessary for the purposes described in these Terms or as required by applicable legislation.
The Personal Information SmartDealsApp collects from users shall only be accessed by SmartDealsApp employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
SmartDealsApp shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to SmartDealsApp for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by SmartDealsApp will only be in connection with the provision of our services and/or the marketing thereof.
When you visit SmartDealsApp, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within SmartDealsApp on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
“Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
“Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the SmartDealsApp website to work, but may enhance your browsing experience.
Links from SmartDealsApp
SmartDealsApp, and the services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of SmartDealsApp.
Hyperlinks to Third Party Websites are provided “as is”, and SmartDealsApp does not necessarily agree with, edit or sponsor the content on Third Party Websites.
SmartDealsApp does not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. SmartDealsApp does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)
Data Messages (as defined in the ECT Act) will be deemed to have been received by SmartDealsApp if and when SmartDealsApp responds to the Data Messages.
Data Messages sent by SmartDealsApp to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and SmartDealsApp.
Information to be provided in terms of section 43(1) of the ECT Act:
Users warrant that Data Messages sent to SmartDealsApp from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
This Website is owned and operated by Legacy Business Solutions (Pty) Ltd, (Registration Number: 201830125607) a private company owned and operated in accordance with the laws of the Republic of South Africa.
Address for service of legal documents: Maude Street, 2ND Floor, West Tower Nelson Mandela Square, Sandton, Johannesburg, Gauteng, South Africa, 2186.
Contact Number: 011 881 5489.
SmartDealsApp – located at https://smartdealsapp.com/;
Email address: firstname.lastname@example.org