Terms & Conditions

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        INTRODUCTION

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.

1.2       These terms, including any document incorporated by reference herein, including but not limited to the Privacy Policy (collectively, the “Terms”) apply to any person who uses the Services, refers to, views, downloads and/or uploads any information or material made available on the Platform for whatever purpose (hereinafter referred to as “User”, “Users”, “you” or “your”).

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        TERMINOLOGY

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.

4.3.2.1                        Credit and Cheque Cards;

4.3.2.2                        Electronic Fund Transfers; and

4.3.2.3                        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       Customers:

5.1.1                      Only a registered Customer may purchase Advertised Deals.

5.1.2                      In order to register as a Customer, you will through the registration process, be prompted to provide log in details as well certain Personal Information as set out more fully in our Privacy Policy www.smartdealsapp.com/about-us

5.2       Advertisers:

5.2.1                      Only a registered Advertiser may display Advertised Deals on the Platform.

5.2.2                      In order to register as an Advertiser, you will, through the registration process, be prompted to provide log in details as well certain Personal Information as set out more fully in our Privacy Policy www.smartdealsapp.com/about-us.

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 admin@ourbusinesssolutions.co.za;

subject line ” Your Vendor Name- Upgrade ” .

A consultant will send required documentation.

Sage Pay Now Transaction rates are as follows:

Fee type and Cost

Fee Cost
Monthly  R 46.00
Sub-Acount Fee  R 11.30
 Transactional fees
Instant EFT  R   6.00
Bank EFT  R   3.50
Credit Card (+R1.00 Transaction fee) 3.80%
Cash Payment 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:

Instant EFT

• 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.

Bank EFT

• 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.

Credit Card

• 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.

Cash payments

• 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.

Masterpass™

• Offer your clients the convenience of using their Masterpass digital wallet.

• Masterpass allows for hassle-free, secure online payments from their connected device.

VISA Checkout

• 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

9.1       We undertake as far as is possible, to protect each User’s Personal Information in accordance with its Privacy Policy located at www. www.smartdealsapp.com/about-us, and not provide same to any third party, except as may be necessary in order to perform all such Services as required in terms of these Terms.

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     DISCLAIMER

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     Copyrights

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     Assignment

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.

18     Breach

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     GENERAL

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     NOTICES

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

Johannesburg

South Africa

                   Telephone No:     (011) 881 5489

Email Address:    admin@OurBusinessSolutions.co.za

Customer

The address provided on registration

Advertiser

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.

21     PREPARATION

These Terms have been custom created for us, Legacy Business Solutions (Pty) Ltd, by the good folks at Legal Legends www.legallegends.co.za.

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