(General terms for any visitors using this website)
Version number: 1.0
Introduction. These are the general terms of the relationship between you (web site visitor) and us (web site owner). The terms cover all use of this website. You agree to the terms by visiting and using this website.
Definitions. The words in bold below have the following meanings:
• terms include these general terms and any other relevant terms, conditions, policies, disclaimers, authorities and notices agreed between you and us, for example, terms that apply to a specific section of this website
• we, us or our refers to Smoke Customer Intelligence (Pty) Ltd trading as Smoke Customer Intelligence, the owner of the website. It includes our officers, agents, employees, owners, co-branders and associates where these terms limit or exclude our liability.
• you or your refers to any visitor to this website, including any other person, website, business or agent (including any virtual or robotic agent) associated with the visitor.
Conflict. If the meaning of any general term conflicts with any other relevant specific term, the specific term will apply. Specific terms apply to a specific section of the website or have been specifically agreed upon between you and us.
Use of this website
Licence. We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
Breach. If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.
Framing. You may not frame this website or any of its pages.
Linking. You may only link to the home page of this website at https://www.smokeci.com/. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property.
Virtual agents. You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from this website.
You promise that you may visit this website and agree to the terms because you are:
• are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
• are not 18 yet, but have permission from your parent (or legal guardian) to do so.
You promise that will give only accurate information to us and this web site.
Ownership. We own this website and (together with any licensors) own all content and other rights in it, including all intellectual property rights such as copyright and patent rights. All moral rights are reserved.
Trademarks. You may not use any trademark, trade name, brand or logo on this website or related marketing material without first getting the owner’s written permission.
Restrictions. Unless we expressly allow it, this website may not be:
• copied, modified or used to make derivative works;
• transferred, distributed, decompiled or reverse engineered, or
• rented, leased, loaned, sold or assigned;
Important Disclaimers and Limits to our Liability
You use this website at your own risk. We provide the website ‘as is’. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defect, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
You indemnify us. You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.
Faults. We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault on the website.
Direct damages limited. If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
No liability for indirect damages. We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
Other websites. We are not responsible for anyone else’s website.
Entire agreement. The terms are the entire agreement between you and us for using this website.
Changes to website. We may change or stop publishing this website without notice and will not be responsible for any consequences.
Changes to terms. We may change the terms by placing a notice on this website. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
Facts about the website. If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.
Waiver. We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
Severability. Any term that is invalid, illegal or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.
Law and jurisdiction. South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.