THESE TERMS AND CONDITIONS ARE BINDING ON AND ENFORCEABLE AGAINST A PERSON WHO ACCESSES AND USES SMECENTRAL. SMECentral shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this website.
1. Definitions and Interpretation In these terms and conditions, unless the context otherwise indicates, the singular includes the plural and vice versa, and - “Primary User” means a person who is the original registrant, who is duly authorised by the SME or SME Solution / Opportunity Provider to act as a representative of the company on SMECentral and has been duly verified and authorised to access SMECentral; “Secondary User" means a person who has been added and duly authorised by the primary user to access the account on SMECentral; “Verification” means manual or automated verification of the key information of the SME or SME Solution / Opportunity Provider through engagement or system interfaces between the SMECentral and third parties; “Third Parties” means - (i) the Companies and Intellectual Property Commission; (ii) Financial Institutions; (ii) Credit Bureaus; (ii) Other Companies; “Key Information” means, business registration, billing details, including details of directorship and membership;in relation to an SME or SME Solution / Opportunity Provider – "SMECentral" means cloud-based application for providing digital presence and services to SME and SME Solution / Opportunity Providers; “Person” means a natural or juristic person; “Personal information” means personal information as defined in section 1 of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013); “SME” means a company, categorised in terms of The National Small Business Act (102 of 1996) and The National Small Business Amendment Act (26 of 2003) “SME Solution / Opportunity Provider" means a Public Company, Private Company, State Owned Enterprise, Municipality, Provincial Government Department and National Government Department “Public Company or Private Company" means a company with a valid CPIC registration number, registered in accordance with the company laws of South Africa; "State-Owned Company" means an enterprise that is registered in terms of the company Act as a company, and either— (a) falls within the meaning of ‘‘state-owned enterprise’’ in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999); or (b) is owned by a municipality, as contemplated in the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); “Registration Information” means key information any other information pertaining to the SME or SME Solution / Opportunity Provider; “Registrant" means SME or SME Solution / Opportunity regsitered on SMECentral; "Terms and Conditions" means these terms and conditions for SMECentral as may be amended from time to time;
2. CONDITIONS OF ACCESS TO AND USE OF SMECentral 2.1 Primary User 2.1.1A person, representing an SME or SME Solution / Opportunity Provider,upon registration as a primary user, duly accepts these terms and conditions as legally binding on and enforceable against the user. 2.1.2Registration on SMECentral is open only to SME's and SME Opportunity / Solution Providers registered in the Republic of South Africa. 2.1.3A person may not register on SMECentral through unauthorised use of the details of another person or through fraudulent or deceptive means. SMECentral may take any steps it considers necessary against a person who registers or attempts to register through unauthorised use of the details of another person. 2.2.4A primary user who registers on SMECentral or adds an additional person as a secondary user or populates additional information hereby declares that he or she is the owner of the SME or a duly authorised representative of the SME Solution / Opportunity Provider. 2.2.5A primary user undertakes to provide the accurate information and any information pertaining to the SME or SME Solution / Opportunity Provider and to ensure that the information on SMECentral is complete and up-to-date. 2.2.6SMECentral shall not be liable for any loss or damage as a result of the provision of inaccurate information by the primary user. 2.2 Secondary User 2.2.1By accessing SMECentral, the secondary user added by the primary user declares that he or she is duly authorised by the primary user to access the account set-up by the primary user on SMECentral. 2.2.2The secondary user may edit or update account information on SMECentral to ensure that it complete, up-to-date and accurate based on access permissions set-up by the primary user. 2.2.3SMECentral shall not be liable for any loss or damage as a result of the provision of inaccurate information by the secondary user. 2.3 SME & SME Solution / Opportunity Provider 2.3.1The company information on SMECentral may only be used to enable verification of the key information of the company through various interfacing mechanisms to relevant third parties for verification purposes. 2.3.2The company that has submitted the information on SMECentral hereby authorise SMECentral to disseminate key information to third parties for verification purposes. 2.3.3The registration of the company on SMECentral does not by any means constitute a guarantee or undertaking that other SME's or SME Solution / Opportunity Providers will procure goods or services from that company. Procuring goods or services from a company on SMECentral is subject to the requirements applicable to the relevant purchaser of those goods or services. 2.4 Username and password 2.4.1Access to SMECentral shall be through the use of a username and a password which is unique to each user. 2.4.2A user may be periodically requested to change the username and password. 2.4.3The unique username and password will be designated as the signature of a specific user for identification, monitoring, logging and auditing purposes and for the information submitted on behalf of the company on SMECentral. 2.4.4The user must safeguard and keep confidential his or her SMECentral username and password. 2.4.5SMECentral shall not be liable to a company for any loss or damage as a result of unauthorised access to company information on SMECentral. 2.4.6SMECentral shall not be liable for any loss or damage as a result of any misuse of company information on the SMECentral by any person.
3. CONFIDENTIALITY AND PRIVACY 3.1A user agrees to access and use SMECentral in accordance with these terms and conditions. 3.2A user acknowledges and agrees that the information on SMECentral will be used solely for dissemination of company sales, marketing and profile information and any information pertaining to the company to third parties for the purpose of conducting business transactions. 3.3SMECentral undertakes that the submitted information shall be collected, processed and stored in a manner as required by South African law. SMECentral will take all reasonable steps to protect the information submitted by the company and will not disclose the information to any person, save for the purpose of dissemination to third parties for verification purposes, and also only to the extent permitted or required by law. 3.4Employees and contractors of SMECentral who have access to the system shall keep all the information on the SMECentral confidential and will not disclose the information to any person except as provided in these terms and conditions or as authorised by SMECentral.
4. DISCLAIMER 4.1 Use of information on SMECentral 4.1.1SMECentral shall not be liable for any damage or loss as a result of the dissemination by SMECentral, through any interface , of the key information of the registrant or any other information pertaining to the registrant for verification or other pertinent purposes. 4.2 Security 4.2.1No express or implied warranty is given by SMECentral that any files, downloads or applications available via the site are free from any viruses, or other data or code which may corrupt or affect the use, operation or access to the computer or computer network or system of a user or registrant. 4.2.2SMECentral shall not be liable for any loss or damage as a result of any technical error on the site which negatively affects the computer or computer network or system of a user or registrant 4.3 Accessibility of SMECentral 4.3.1SMECentral makes no express or implied representation or gives no express or implied warranty or guarantee that SMECentral is accessible at all times. A user, registrant acknowledges that the SMECentral may not be accessible due to maintenance activities or due to circumstances beyond the reasonable control of SMEcentral, including at least virus infection, unauthorised access or hacking, power failure or a fault with a telecommunications network, a problem with third party computer network or any other instance of force majeure beyond SMECentral’s reasonable control. 4.4 Termination 4.4.1 SMECentral may, after giving the registrant, an opportunity to be heard, deny, suspend or terminate the access of a Primary User that is in breach of these terms and conditions.
5. INTELLECTUAL PROPERTY RIGHTS 5.1 All intellectual property rights in all materials and content made available through the SMECentral vest with SMECentral and are protected by South African law. 5.2 The user or registrant undertake not to do anything that may infringe intellectual property rights, referred to in paragraph 5.1, including at least unauthorised copying, reproduction, modification, retransmission, distribution, dissemination, sale, publication or other circulation or exploitation of such material, and undertake to comply with all laws applicable to any intellectual property rights. 5.3A user or registrant undertakes not to use SMECentral in any manner that will infringe the intellectual property rights of the SMECentral.
6. INTERFACE WITH EXTERNAL PARTIES AND INSTITUTIONS 6.1SMECentral interfaces with external parties and institutions to enable it to conduct verification, electronic or manual, of the key registrant information. SMECentral makes no representation and gives no warranty or guarantee as to accuracy, appropriateness of, or any other aspects relating to, the external party or institution. SMEcentral does not control the external arty or institution, and shall not be liable for any loss or damage as a result of the use by the external party.
7. SECURITY 7.1SMECentral shall take all reasonable steps to secure the content of the site and the information provided or collected from a user, registrant, from unauthorised access and disclosure. 7.2A primary user or registrant undertakes not to deliver or attempt to deliver, whether intentionally or negligently, any damaging code, XSS or cross-site scripting,CSRF or cross-site request forgery, computer viruses, to the SMECentral or the server or computer network that supports SMECentral. 7.3 A user, registrant may not develop, distribute or use any device to breach or overcome the security system of SMEcentral, or interfere with data or services of SMECentral in a manner which causes the data or services to be modified, destroyed or otherwise ineffective. 7.4SMEcentral may take any steps it considers necessary, in addition to any remedy available elsewhere in these terms and conditions, to preserve the security of the site, its server and computer network, including at least instituting criminal or civil proceedings against the responsible person.
8. UPDATING OF THE TERMS AND CONDITIONS 8.1SMECentral may from time to time change, modify, add to or remove any or all of these terms and conditions. Changes to these terms and conditions will take effect when published on the site or such other date indicated on the website. A user or registrant must periodically check these terms and conditions for any changes or updates. 8.2A new version of the terms and conditions will be displayed on the site together with the effective date of the new version. A user or registrant must each time it accesses the site determine whether any amendments have been made to these terms and conditions. By accessing SMECentral, the user, registrant is bound by the latest version of these terms and conditions.
9. SEVERABILITY 9.1If any provision of these terms and conditions is held by a court to be invalid, unlawful or unenforceable, that provision will be severable from the remaining provisions of these terms and conditions which will continue to apply and be enforced. If any provision so held to be invalid, unlawful or unenforceable, is capable of amendment to render it valid, lawful or enforceable, SMECentral may amend it to rectify the defect.
10. BREACH 10.1If a user or registrant does not comply with any of these terms and conditions, SMECentral must, in addition to any other remedy under these terms and conditions, take any steps it considers necessary to protect proprietary and other interests in the content on the site, including at least – (i)claiming specific performance under these terms and conditions; (ii)directing or causing to be done whatever may be necessary to remedy the breach; (iii)after giving the user or registrant an opportunity to be heard, suspend or terminate access to and use of the site.
11. APPLICABLE LAW These terms and conditions including all matters arising from or in connection therewith are governed by, and to be interpreted and enforced in, accordance with South African law.
12. ABOUT SMECentral 12.1The website address where SMECentral resides is: https://www.smecentral.co.za If you require any information from SMECentral regarding the use and the content of the site, please direct such a request on the Contact Link. 12.2Contact details of SMECentral and site owner can be found on © SMEcentral 2022 link.