SmartCerts - Terms and conditions

We greatly appreciate your support and are committed to a longstanding relationship with you, our valued Customer.

Definitions
Your rights and obligations
Our rights and obligations
Liability and Indemnity
Disclaimer
Termination of Vault
General
 

Definitions

Business Days: all weekdays, Monday to Friday inclusive, but excluding Saturdays, Sundays and all Public Holidays.

Client or customer: a person who has registered with SmartCerts.

I / we: staff, management, directors of Limelight Software Solutions (Pty) Ltd, herinafter refered to as Limelight and the entity SmartCerts itself

Intellectual Property: all intellectual property, including without limitation, patents, copyrights, designs, trade marks, brands, names, logos, software, databases, text, graphics, icons, hyperlinks, private information, and know-how, whether registered or not, and their embodiment in any form whatsoever relating directly or indirectly to SmartCerts.

SmartCerts: is a service of Limelight.

SmartCerts Affiliate: any division, subsidiary, principal or affiliate of Limelight.

Your rights and obligations
In order to ensure that you are able to utilise SmartCerts in a secure environment, we require you to take the following steps:

  • You will deal with and manage your Vault Number and PIN code as follows:
    • you must not disclose your PIN code to anybody or allow it to be disclosed through your negligence;
    • you will use the SmartCerts Help Service if you have forgotten your details. Any delay in notification will be construed as negligence.
  • You may not duplicate, exploit or sell for any purposes commercial or otherwise, the services offered by SmartCerts or its website.
  • You accept that even though SmartCerts is involved in the storage and transacting of documents, this is only in a transferral of information capacity. Therefore, should there be a dispute between parties, arising from fraudulent loading and / or retrieval and / or useage of documents, you release Limelight and their affiliates, officers, directors, agents, subsidiaries and employees from any and all claims, demands and damages, actual and / or consequential, of every nature both known or unknown, suspected or unsuspected, disclosed or undisclosed, occurring from or in any way connected with said dispute.
  • You agree to indemnify and hold Limelight, their subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of information submitted, posted to or transmitted through the SmartCerts service, your use of the service, your connection to the service, your violation of the Terms and Conditions or your violation of any rights of another person.
  • You must comply with any other terms of use, terms and conditions, our Disclaimer and Privacy Policy, which are all provided on the SmartCerts website. The SmartCerts website will be the definitive source of the most up to date information.
Our rights and obligations

In addition to your obligations and to ensure a secure environment for you, we will do the following:
  • We will not use any information relating to your personal particulars provided by you, except for the purpose of SmartCerts.
  • We will do our utmost to ensure that SmartCerts is available to you during the hours specified by us from time to time.
Liability and Indemnity

We are committed to ensure the security of transacting online, and are entitled to investigate any loss suffered by you, which is alleged to have occurred as a result of fraud via the SmartCerts website. In the event that you disclose or allow your PIN code be disclosed to a third party, we will not be held liable for any loss or damages suffered by you in any way whatsoever.

We will incur no liability to you should you for any reason (this includes without limitation, the unavailability of the SmartCerts website or loss of connectivity between you and us or technical reasons of any nature or circumstances beyond our control) be unable to use SmartCerts.

Disclaimer

Any complaints or queries may be directed to the SmartCerts Help Service as described on the "Contact Us" facility on the SmartCerts website.

Termination of Vault

You agree that SmartCerts may suspend or terminate part or all of your Vault or your usage of the Vault or it's services and may also remove and discard any information within the Vault which may include;
  • Violation of any of the Terms and Conditions
  • If you provide false information to us
  • On non-payment of any amount due by you to us
  • We may do this without giving you any prior notice and with immediate effect


General

Our failure to exercise or enforce any right or provision of these terms and conditions is not a waiver by us of such right or provision.

If any of these terms and conditions is found to be invalid or unenforceable, such terms will be severable from the remaining provisions, which will remain in force and effect.

We are entitled to vary and update these terms and conditions and any other terms and conditions relating to SmartCerts from time to time and at our sole discretion. Each time you use SmartCerts, the current version of the terms and conditions at the time will apply to that transaction.