Welcome to the Smartwise Community Investment website. SCI provides its service to the user of the SCI website, subject to the following Terms of Service ("TOU"), which may be updated by SCI at any time without notice to the user. The user of the SCI website can review the most current version of the TOU at any time by accessing the "Terms and Conditions" link on the SCI website. In addition, when using particular SCI services, the user of the SCI website and SCI shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. SCI also may offer other services from time to time, which may be governed by different Terms of Use. These TOU do not apply to such other services.
SCI currently provides users with access to a local range of financial, investment, tax, accounting and other resources, directly, as well as through its network of contacts and service providers (the "Service"). The user of the SCI website also understands and agrees that the Service may include advertisements and that these advertisements may be necessary for SCI to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOU. The user of the SCI website understands and agrees that the Service is provided "AS-IS" and that SCI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The user of the SCI website is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). The user of the SCI website is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, the user of the SCI website must provide and is responsible for all equipment necessary to access the Service.
In consideration of the user of the SCI website using the Service, the user of the SCI website agrees to:
(a) provide true, accurate, current and complete information about the user of the SCI website as prompted by the Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the user of the SCI website provides any information that is untrue, inaccurate, not current or incomplete, or SCI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,SCI has the right to suspend or terminate the account of the user of the SCI website and refuse any and all current or future use of the Service (or any portion thereof).
The information submitted to us will be used primarily for the purpose of creating successful matches between entrepreneurs and investors. Any information received is necessary to provide a level of certainty of intent and to maximize credibility. It may also be used to provide backup that may be helpful in your desire to seek capital and/or to invest. It is also needed in order to aid with the continual improvement of the site, compile basic demographic data and to generally improve the services offered to you.
The company will not sell, share or rent your confidential information to any independent third parties without your prior consent. Indexing - Please note that the title and short summary of entrepreneurs' pitches will be indexed on Google to attract more interest to your project. We therefore advise you not to include any confidential information in these sections of your pitch. Cookies - If you decide to register as an entrepreneur or angel investor with SCI, "cookies" are used to recognize you on subsequent visits and to make your online experience more user-friendly. "Cookies" are small bits of data that can be sent to your computer which then may be stored by your browser on your computer's hard drive. They cannot be used to retrieve data from your hard drive, email addresses or personally identifying information about you in any way. Most web browsers have features that can notify you when you receive a "cookie" or prevent "cookies" from being sent.
Please note that by not accepting cookies, you will limit the website’s functionality. Security - Transaction information can be securely transmitted to the payment gateway via secure SSL connections. We do not store credit card details nor do we share customer details with any 3rd parties Sponsor Sites - SCI provides links to third party sponsors. These sponsors are independent of this site and regulated by their own policies and procedures. We do not we share customer details with any 3rd parties.
The user of the SCI website is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under its password or account. The user of the SCI website agrees to:
(a) immediately notify SCI of any unauthorized use of its password or account or any other breach of security, and
(b) ensure that the user of the SCI website exits from its account at the end of each session. SCI cannot and will not be liable for any loss or damage arising from failure of the user of the SCI website to comply with this Section 5.
The user of the SCI website understands that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user of the SCI website, and not SCI, is entirely responsible for all Content that the user of the SCI website upload, post, email, transmit or otherwise make available via the Service. SCI does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user of the SCI website understands that by using the Service, the user of the SCI website may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SCI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The user of the SCI website agrees to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a SCI official, forum leader, guide or host, or falsely state or otherwise misrepresent the affiliation of the user of the SCI website with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that the user of the SCI website do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (if any) that are expressly designated for such purpose;
h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k) intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, regulations promulgated by any National, State, Provincial or other Securities Commission or authority, any rules of any national or other securities exchange and any regulations having the force of law;
l) stalk or otherwise harass another; or
m) collect or store personal data about other users.
The user of the SCI website acknowledges that SCI does not pre-screen Content, but that SCI and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, SCI and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. The user of the SCI website agrees that it must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the user of the SCI website acknowledges that the user of the SCI website may not rely on any Content created by SCI or submitted to SCI, including without limitation information in SCI Message Boards and in all other parts of the Service. The user of the SCI website acknowledges and agrees that SCI may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOU;
(c) respond to claims that any Content violates the rights of third-parties;
(d) protect the rights, property, or personal safety of SCI, its users and the public.
The user of the SCI website understands that the technical processing and transmission of the Service, including the Content of the user of the SCI website, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the Internet, the user of the SCI website agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the user of the SCI website agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which the user of the SCI website resides.
SCI does not claim ownership of Content the user of the SCI website submits or makes available for inclusion on the Service. However, with respect to Content the user of the SCI website submits or makes available for inclusion on publicly accessible areas of the Service, the user of the SCI website grants SCI the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content the user of the SCI website submits or makes available for inclusion on publicly accessible areas of SCI Message Boards and SCI Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific SCI Message Board or SCI Group to which such Content was submitted or made available. This license exists only for as long as the user of the SCI website elects to continue to include such Content on the Service and will terminate at the time the user of the SCI website removes or SCI removes such Content from the Service.
With respect to photos, graphics, audio or video the user of the SCI website submits or makes available for inclusion on publicly accessible area of the Service other than SCI Message Boards or SCI Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as the user of the SCI website elects to continue to include such Content on the Service and will terminate at the time the user of the SCI website removes or SCI removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video the user of the SCI website submits or makes available for inclusion on publicly accessible areas of the Service other than SCI Message Boards or SCI Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the SCI's network of properties that are intended by SCI to be available to the general public. By way of example, publicly accessible areas of the Service would include SCI Message Boards and portions of SCI Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of SCI Message Boards and SCI Groups that are limited to members, SCI services intended for private communication, or areas off of the SCI's network of properties such as portions of World Wide Web sites that are accessible through the SCI but are not hosted or served by the SCI.
The user of the SCI website agrees to indemnify and hold SCI, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the user of the SCI website submits, posts, transmits or makes available through the Service, the use of and connection to the Service by, the user of the SCI website, the violation of the TOU or of any rights of another by the user of the SCI website..
The user of the SCI website agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including any intellectual property rights of SCI or any person firm or corporation having posted information for availability through the Service..
The user of the SCI website acknowledges that SCI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SCI's servers on behalf of the user of the SCI website, and the maximum number of times (and the maximum duration for which) the user of the SCI website may access the Service in a given period of time. The user of the SCI website agrees that SCI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The user of the SCI website acknowledges that SCI reserves the right to log off accounts that are inactive for an extended period of time. The user of the SCI website further acknowledges that SCI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice..
SCI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The user of the SCI website agrees that SCI shall not be liable to the user of the SCI website or to any third party for any modification, suspension or discontinuance of the Service..
The user of the SCI website agrees that SCI, in its sole discretion, may terminate the password, account (or any part thereof) of the user of the SCI website or the use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if SCI believes that the user of the SCI website has violated or acted inconsistently with the letter or spirit of the TOU or the SCI Acceptable Use Policy. SCImay also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The user of the SCI website agrees that any termination of the user's access to the Service under any provision of this TOU may be effected without prior notice, and acknowledges and agrees that SCI may immediately deactivate or delete the user's account and all related information and files in the user's account and/or bar any further access to such files or the Service. Further, the user of the SCI website agrees that SCI shall not be liable to the user of the SCI website or any third-party for any termination of its access to the Service.
The correspondence or business dealings, or participation in promotions of, advertisers found on or through the Service by the user of the SCI website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user of the SCI website and such business, promoter or advertiser. The user of the SCI website agrees that SCI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such businesses, promoters or advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SCI has no control over such sites and resources, the user of the SCI website acknowledges and agrees that SCI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The user of the SCI website further acknowledges and agrees that SCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
The user of the SCI website acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user of the SCI website further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the user of the SCI website through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SCI or advertisers, the user of the SCI website agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. SCI grants the user of the SCI website a personal, non-transferable and non-exclusive right and license to use the Service; provided that the user of the SCI website does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the SCI website, the Software or the Content. The user of the SCI website agrees not to modify the Software in any manner or form, or to use modified versions of SCI website, the Software or the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The user of the SCI website agrees not to access the Service by any means other than through the interface that is provided by SCI for use in accessing the Service.
The user of the SCI website expressly understands and agrees that: a) Its use of the Service is at its sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. SCI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) SCI makes no warranty that (i) the service will meet the requirements of the user of the SCI website, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user of the SCI website through the service will meet its expectations, and (v) any errors in the Software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the Service is done at the sole discretion and risk of the user of the SCI website and that it will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
d) No advice or information, whether oral or written, obtained by the user of the SCI website from SCI or through or from the Service shall create any warranty not expressly stated in the TOU.
e) It waives any claims it now has, or in the future may have, which gives or provides the user of the SCI with any cause of action whatsoever.
f) Notwithstanding any other provisions herein, user of the SCI acknowledges that neither the SCI or its Contributors, nor their affiliates or representatives shall be liable to the user of the SCI, for special, incidental or consequential, special, direct or indirect damages arising directly or indirectly from any occurrence whatsoever (including without limitation loss of profits, loss of business opportunity, loss of property, of any nature whatsoever), whether or not such damages were foreseeable by the SCI or its Contributors or any one of them was advised of the possibility of such damages and whether otherwise arising from any contractual, tortious acts or omissions of either party or of their respective affiliates or representatives, and whether or not it had any knowledge, actual or constructive, that such damages might be incurred for having relied on the material, information, data or the Content presented or forming part of any of the SCI website, to make personal, medical, legal, tax, accounting, investment or financial decisions.
g) The user of the SCI accepts total responsibility for any agreement, understanding or relationship the user of the SCI enters into with any of the Contributors. Further, the user of the SCI understands, acknowledges and agrees that SCI, in no manner whatsoever, endorses the said Contributors or whatever pitch may be presented by such Contributors and that SCI shall not be held liable for any claims of any nature whatsoever arising or resulting from any thesis or pitch of any of the Contributors, or from any agreement, understanding, association, investment or relationship concluded, agreed, made or established between the user of the SCI and any of the Contributors, of any type and for any reason whatsoever.
h) The user of the SCI understands, acknowledges and agrees that the SCI website is designed as an educational and networking tool only, and that SCI is not engaged in rendering, nor is it representing itself as rendering legal, tax, financial, accounting, medical or other professional advice or opinions of any nature whatsoever to the user of the SCI.
i) The user of the SCI hereby confirms that it qualifies as a sophisticated, accredited or professional investor", pursuant to all applicable legislation relating to the distribution and/or sale of securities.
j) The user of the SCI understands, acknowledges and agrees that it is its own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or investment based on any of the material, information or strategies presented on the SCI website. Further, it is highly recommended that the user of the SCI take adequate time to review and evaluate whatever material or information received with whichever independent professional advisors the user of the SCI deems appropriate.
The user of the SCI website expressly understands and agrees that SCI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SCI has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(iii) unauthorized access to or alteration of transmissions or data of the user of the SCI website;
(iv) statements or conduct of any third party on the Service;
(v) any agreement, understanding or relationship the user of the SCI enters into with any of the Contributors or any other person or entity with whom it has been put in contact through the SCI website; or
(vi) any other matter relating to the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to the user of the SCI website.
If the user of the SCI website intends to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, it is hereby urged to read the above Sections 17 and 18 again. These Sections apply with absolute rigor to the user of the SCI website. In addition, for this type of information particularly, the phrase "LET THE INVESTOR BEWARE" is paramount. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. SCI and its service providers and suppliers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any strategy, trading or investment decisions made based on such information.
Notices to the user of the SCI website may be made via either e-mail, fax or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to the user of the SCI website generally on the Service.
SCI, the SCI logo, the SCI design, and the SCI stylized, trademarks and service marks, and other SCI logos and product and service names are trademarks of SCI (the "SCI Marks"). Without SCI's prior permission, the user of the SCI website agrees not to display or use in any manner, the SCI Marks.
The TOU constitute the entire agreement between the user of the SCI website and SCI and govern the use of the Service by the user of the SCI website, superseding any prior agreements between the user of the SCI website and SCI. The user of the SCI website also may be subject to additional terms and conditions that may apply when the user of the SCI website uses affiliate services, third-party content or third-party software. The TOU and the relationship between the user of the SCI website and SCI shall be governed by the laws in force in the United Kingdom, without regard to its conflict of law provisions. The user of the SCI website and SCI agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of South Africa.
The failure of SCI to exercise or enforce any right or provision of the TOU, the SCI subscription documentation Terms and Conditions or the SCI Acceptable Use Policy shall not constitute a waiver of such right or provision. If any provision of the TOU, the SCI subscription documentation Terms and Conditions or the SCI Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU, the SCI subscription documentation Terms and Conditions and the SCI Acceptable Use Policy remain in full force and effect. The user of the SCI website agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU, the SCI subscription documentation Terms and Conditions and the SCI Acceptable Use Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
For purposes of this Acceptable Use Policy ("AUP"), a "Customer" is defined to include any organization, individual, company or other entity with which Snartwise Community Investment's (SCI) has entered into any agreement or contract for the supply of services, including through the SCI website. A Customer shall also be responsible for the use of the SCI website by any subsidiaries, affiliates, partners, Authorized Staff, suppliers, clients, or any other person gaining access to the SCI website in any manner whatsoever, that directly or indirectly utilize the SCI website provided to the Customer.