Sale Terms and Conditions

Special COVID-19 conditions:

1. Use of masks is optional based on personal preferences
2. For any common touch points, sanitizers will remain, this helps with curbing most transmissible infections.
3. Should the business experience a rise in number of Covid-19 cases or similar, it reserves the right to implement necessary measures to ensure risk to its employees and other stakeholders is managed.

1. Admission to site and premises and use of the SMD websites

1. Right of admission to any SMD premises and the websites are reserved. Effective from 01 June and for the safety of our clients and employees it will be mandatory for each person who enters the SMD premises to wear a reflector vest. Due to loose & sharp objects, no open shoes are allowed in the yard (e.g. flip flops, sandals, slippers).
2. Please note that any person entering or exiting our premises may be subjected to a random body search. All vehicles entering and exiting SMD may be searched. Any person caught stealing will be prosecuted. No intimidation of any person will be permitted at SMD. Any person found to be intimidating another, will be removed from SMD and blacklisted permanently.
3. SMD does not accept any liability for injuries damages or any losses of any nature whatsoever arising from any person’s attendance on SMD premises and/or participation in the auction.
4. Right of admission to online content at www.smd.co.za and live.smd.co.za is reserved and you might be required to register online in order to access content. At registration you will have to supply us with accurate and true information. Supplying us with false information will result in your online account and your SMD account being blocked and blacklisted. By registering online you agree to the terms and conditions herein.

Terms and conditions of Sale

1. The rules of this auction comply with section 45 of the Consumer Protection Act, 68 of 2008, and its regulations (the 'Act') applicable to auctions 1 SMD Terms and Conditions of Sale applies to all persons entering SMD premises, users on the SMD website, registered legal entities as well as successful bidders collectively referred to as the Buyer/s, and the Terms and Conditions will be deemed accepted upon entry to SMD premises or when any transaction on the SMD website occurs.
2. These terms and conditions apply to all Buyers and Buyer’s representatives and the terms and conditions will be deemed to be accepted by them on completion of registration as a Buyer.
3. Buyers remains responsible for all activity/purchases made on their profile, including any purchases made by a third party. Buyers must keep their password safe and must not disclose it to any other person and may not permit any other person to use their account details.
4. SMD reserves the right to terminate any registration where SMD have reason to believe that the Buyer has engaged in any unlawful or untruthful activity while making use of the services or has attempted to collude or deceive SMD or other Buyers at any time.
5. All vehicles are sold as "Motor Salvage", irrespective of their appearance or condition.
   1. All vehicles are sold as is.
   2. Unless the contrary is displayed or announced by the Auctioneer, lots on sale are by voluntary surrender by their respective owners, except for bank repossessions which can be identified on your catalogue by the word "FICA". Vehicles on sale at SMD are from SA's leading short term insurers and finance institutions, with supplements.
   3. Some vehicles are sold with a reserve price, and can be identified where the vehicle is marked Subject to Confirmation (STC). Waiting period for Approval or Declining of these (STC) vehicles can take up to 24 hours.
   4. The Buyer agrees that he/she has acquainted themselves with the condition of the vehicle(s) prior to sale and understands these vehicle(s) may need repair in order to be in a safe working condition.
   5. The Buyer acknowledges that neither the seller of the vehicle(s), nor any SMD representative gave any warranties or guarantees, or made any representations with regard to the condition or state of any vehicle sold.
   6. All vehicle descriptions given by SMD are a close representation only. SMD will not be held liable for errors in description, and no refunds or returns for same will be entertained. The responsibility to verify the exact derivative of each vehicle lies with the Buyer. SMD does not guarantee , descriptions, make, year models and date of manufacture. Mileages displayed on the vehicles are as read by SMD and are not guaranteed. Vehicle year models are taken as date of first Registration as it appears on the Natis document.
   7. Additional costs for the Buyer's expense and discretion will include: (1) Repairs and sourcing of repairs of vehicle(s), (2) Keys, if none at time of sale (3) Removal of vehicles from premises (4) Licensing (5) Police Clearance Fees where applicable.
   8. All vehicles have codes, which are in fact eNaTIS lookup table values.
      (a) Code 2 - Widely described as a "Used Vehicle", can be in a damaged state.
      (b) Code 3 - Widely described as a "Rebuilt Vehicle", can be in a damaged state.
      (c) Code 3 with Stripping for Parts - Widely described as a "Scrapped Vehicle", is a vehicle bought by approved wreck dealers as per the Second Hand Goods Act for stripping purposes only.
      (d) Code 4 - Is a "Permanently Demolished Vehicle". SMD no longer sells vehicles with this code to the public.
   9. When the catalogue or online screen indicates "Start", it is an indication that the vehicle started on first arrival at our SMD premises, and does not mean the vehicle is in a drivable condition. SMD does not guarantee the starter status of the vehicle on collection. Vehicles will only be started on first arrival at our SMD premises. No Starting of vehicles will take place during viewing/Releasing (Collection). Batteries are disconnected for fire prevention reasons.
   10. Buyers must remove all previous owners signage and branding, in particular any company branding, before registration, sale or use of the vehicle.
   11. By law, vehicle(s) bought for export, must first be registered in your name before you may proceed with exportation. Foreign nationals will need a Traffic Register in order to complete change of ownership.

6. Deposit

   1. A deposit is payable to register for an Online Branch Auction (R 5,000) or take part in an Online Daily Sale Auction (R 5,000), and can be paid by using your ID number or Traffic Register number as a reference by the following methods: Electronic Transfer, Cash deposit. If you register online, a Payment Advice for the deposit will be emailed to you. Please use this reference when paying your deposit, and not your ID number or Traffic Register number. If your deposit is not showing, please email your proof of payment to info@smd.co.za with your ID number or traffic register in the subject line or contact our Call Centre on 087 830 9999 to link your deposit.
   2. No cash can or will be accepted at any branch due to security reasons.
   3. The deposit will be placed in a non-interest-bearing account.
   4. Deposits will only be refunded to a Buyer if they have not bought anything on a sales channel (Online Branch Auction or Online Daily Sales Auction) and he/she does not have any outstanding balances towards any purchase.

   Original proof of your banking details such as a bank statement or bank profile not older than 3 months is needed to process your refund, as all refunds are done by Electronic Transfer only. Should the deposit be older than 6 months, personal verification needs to take place at a SMD Branch in order to refund the deposit. Refunds will be processed within 10 days.

7. Payment terms

   Please note each sales method below has additional payment terms

   Payment of the full purchase price including fees and commission must be made within two(2) working days of the conclusion of the auction. The deposit will be withheld if the full purchase price is not paid within the period stipulated above.

   1. Effective 1 April 2018, the VAT rate will be levied at 15%.
   2. A 0,5% cash handling fee will be levied on all cash deposits.
   3. Effective 1 February 2023 the document handling fee will increase to R 2,395 excluding VAT.
   4. All prices and fees shown on your Pro Forma Invoice are final, and cannot be negotiated or discounted.
   5. Please confirm all details on your Proforma before you make any payments, or an automatic invoice will be issued and no changes will be permitted. SMD does not issue credit notes and re-invoice vehicles. Please check the following information: Company Name (if any), VAT number, address, etc.
   6. The Buyer must notify SMD within the payment period of all payments made.
   7. The quickest way to pay for your vehicle is by requesting your bank to transfer the funds from your account to ours, using the same bank, and the exact reference shown on your Pro Forma invoice. Please email your proof of payment to info@smd.co.za with your ID number/traffic register or payment reference number in the subject line or contact our Finance department 0124920193 to allocate your payment.
   8. You may not pay your balance using a debit or credit card.
   9. No vehicle is sold subject to finance.
   10. No payments can be made by cheque.
   11. No payments can be done at ANY SMD branch.

8. FICA

   1. In accordance with the Financial Intelligence Centre Act (FICA) No. 38 of 2001, no repossessed vehicle/article will be released until all parties to the transaction, including the bank, have been identified and verified in terms of the requirements of the Act. SMD will only accept original documents or certified copies not older than 3 months. No photocopied or faxed documents will be accepted. No exceptions will be made.

9. Removal of vehicle(s)

   1. Once full and final payment has cleared in our account, the Buyer must remove their vehicle(s) from the holding SMD branch within 48 hours or storage fees may be charged. All outstanding storage fees, if applicable, must be paid before the vehicle will be released.
   2. No vehicles may be removed during any Online Branch Auction sale. Vehicles can only be removed from the premises until 16:00 weekdays only, excluding Public Holidays.
   3. Vehicle(s) on our premises from the time of purchase to the time of collection in regards to the vehicle(s) purchased will be at the Buyer's risk and own account, in particular for any damage or shortage which may occur.
   4. Vehicle(s) may only be removed from SMD's premises by a third party if they have a signed letter of consent from the Buyer, and a certified copy of the Buyers ID, not older that 3 months.
   5. SMD will not accept liability for any discrepancies in terms of vehicle code, starter status, year model, description, VIN number, mileage and state of vehicle once vehicle has been removed from the SMD premises.
   6. SMD will not accept liability for any costs incurred by Buyers including but not limited repair and transportation cost.

10. Registration papers and licensing

    1. The document handling fee charged is a pre-sales administration fee to prepare documents for sale. This is not the fee charged by Licensing to change ownership of the vehicle and license the vehicle in the new Buyer's name. This fee is for the Buyers account.
    2. On receipt of confirmation from the Buyer Registration papers will be sent to the Buyer’s nearest branch when the vehicle is sold Vehicle sales cannot be cancelled due to Paper Delays
    3. Papers for repossessed vehicles can be collected 7 days after sale.

    4. Papers will not be issued on a driver's license. Papers will only be issued on presentation of the Buyers RSA ID or Traffic Register and Passport or Refugee ID, and once full and final payment has been made.

    5. Third parties (e.g. a friend or towing operator) must have a signed letter of consent from the Buyer, and a certified copy of your Buyers ID, not older than 3 months in order to collect registration documents on your behalf.

    6. SMD will not be held responsible for extra damages that might occur during the loading of vehicle onto Car carriers. Client to take full responsibility for this loading processes

    7. In terms of Road Traffic Act 1989 Regulation 237(1), no person may buy, sell or trade with an unregistered or unlicensed motor vehicle.

    8. If you purchase a Code 2, you must register the vehicle in your name within 21 days of purchase, as per the Road Traffic Act 1989 Section 14. Code 2 vehicles can be registered before they are repaired.
    9. If you purchase a Code 3, you must first repair your vehicle, and then take it for Police Clearance. You will then be able to register the vehicle in your name.
    10. SMD also does not sell spare parts, but sells vehicles as whole units. A Code 3A vehicle is sold with No Papers and therefore does not need to be licensed. It may only be bought to strip for parts by approved wreck dealers as per the Second Hand Goods Act. By law, you may not repair it and drive it. Some vehicles on our code 3A Auction are indicated as (ENGINE & VIN NR TO DEMOLISH), - These vehicles engine Blocks with identification number, and Mono shell Vin numbers, are to be demolished, and cannot be used to trade with.
    11. Any traffic fines received from vehicles sold by SMD, will be transferred onto the Buyer’s name and for their account.
    12. Date of first registration on the registration papers, is not necessarily the year model.
    13. Should the engine number differ from the Registration Papers, an engine receipt will be issued.
    14. As per the provisions of the Road Traffic Act 1989, SMD shall have the right to remove all license disc’s and number plates from all sold vehicles before being released from the branch.

11. Breach / Cancellation

    1. The Buyer cannot cancel any vehicle(s) purchased. All vehicles bought must be paid for in full by the Buyer.
    2. Any cancellation of sale by the Buyer will result in breach of the Terms of Sale
    3. In the event that full payment of the total purchase price of the vehicle(s) shown on the Pro Forma Invoice has not been paid within the specified payment period, or the Buyer fails to comply with FICA, the Buyer will have defaulted on the terms sale and agrees to the following:
       (a) Immediate cancellation of the sale(s) without notification to the Buyer.
       (b) The Buyer will have no further claim on the vehicle(s).
       (c) SMD reserves the right to blacklist the Buyer on the SMD system, and such Buyers may be refused permission to purchase at all SMD branches or any online systems in future. SMD reserves the right to deduct a cancellation fee of 10% of the invoice total, as pre-estimated and liquidated damages, to a maximum of R5 000 of your deposit as a penalty for any breach of sale.

12. General

    1. SMD reserves the right to cancel any sale for any reason whatsoever, in their sole discretion, and at any time prior to the vehicle being removed from the SMD premises. Should SMD elect to cancel the sale, the Buyer will be notified verbally and all monies paid by the Buyer to SMD will be refunded within 10 working days. Original proof of banking details such as a bank statement or bank profile not older than 3 months will be requested in order to process any refund.
    2. When using the online bidding site at live.smd.co.za, we will use the Province you entered upon registration and display it on our online systems whenever you enter a successful bid.
    3. Your experience of our online auction system is dependent on your own network and hardware environment.
    4. SMD does not accept any liability for any interruption in internet connection resulting in the Buyer being disconnected from the live auction
    5. If you notice that your connection to our system is slow, please keep in mind that you need to leave yourself ample time to respond to other bids if need be. This especially applies when trying to bid in the last 5 seconds of an Online Daily Sale Auction, or right before the countdown finishes on Branch Auctions.
    6. All sales are considered final once payment and removal of vehicle(s) has been effected.
    7. No exceptions to any of the above will be entertained.
    8. For all purposes, including litigation, relating to and arising from these Rules of Auction, the Buyer determines as his/her Domicilium Citandi et Executandi the address given by him/her at the time of registration and which is signed by the Buyer.
    9. No verbal agreements will be accepted.
    10. SMD does not favour any person, and all Buyers are treated equally.
    11. No vehicle may be repaired in any SMD yard.
    12. Should the Buyer commit breach of any of the above provisions the sale will be deemed invalid, and the vehicle(s) may be placed on auction again. In the Buyer will forfeit the deposit and a claim for damages may be brought against the Buyer.

    Online Branch Auctions:

13. Viewing

    1. Viewing for a Online Branch Auction is the two working days before the Online Branch Auction as advertised. Viewing can be done in person at the participating branch or online, however some auctions have exclusive online viewing only. All Branch Auctions have an online catalogue available at https://www.smd.co.za/auctions/upcoming.

    2. People wishing to view the Online Branch Auction sale either online or at the branch may do so at no cost and do not have to register. However, SMD reserves the right to change this at any time and may require you to register in the future. We also have the right to terminate your online viewing session at any time to manage online load for registered Buyers.

14. Only clients that comply in terms of the Second Hand Goods Act will be able to purchase Code 3A vehicles, and must produce a Second Hand Goods Certificate on request. A certificate of demolishment of the vehicle chassis including stamped Vehicle Identification Number must be kept and be supplied to SMD on demand after conclusion of the stripping process

15. Pre-Bidding

    1. Branch Auctions are now open for Pre-Bidding. To participate, simply register online for the auction and place your bid. You will be notified via email when you are the highest bidder, and also when you have been outbid.
    2. During the Pre-Bidding process, other registered Buyers can bid against you.
    3. Pre-Bidding is open on all items for sale, prior to the auction of that item. During the Pre-Bidding process, the Buyers can regulate the bid increments.
    4. Once Pre-Bidding closes, that is when the auction of the item commences, the Auctioneer will regulate the bid increments.
    5. The highest Pre-Bid amount on any vehicle will be the starting bid for the Auctioneer.

16. Autobid

    1. If you are registered online for a Branch Auction, prior to the sale of the item, you can enter an Autobid amount against each item or lot you are interested in.
    2. An Autobid is the maximum bid you are prepared to pay for an item. The system will then automatically bid on your behalf up until your maximum.
    3. Bidding increments will be determined by the Auctioneer, and may or may not reach your maximum Autobid amount.

17. Auction process

    1. All Buyers will be bound by all announcements made before, and during the Online Branch Auction sale by the Auctioneer irrespective of whether he is present at the time such announcements are made or is an online Buyer.

    2. Goods put up for sale on Online Branch Auction are in Lots, and each Lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction.

    3. The Auctioneer has the right to control and regulate the bidding, in accordance with industry standards. The Auctioneer also has the right to withdraw any vehicle/article prior to sale, without notice.

    4. Online Buyers will not be permitted to bid against themselves, except in the case where they are the highest bidder on a reserved vehicle, and the Buyer willingly wishes to bid against him/herself in order to meet the reserve.
    5. The highest accepted bid will either be called out as “Sold!” together with the Buyer’s number or an online SOLD notification will appear during the online Auction (also known as “the fall of the hammer”).
    6. If you buy online, a notification will be shown that you won the lot and it will automatically be added to your account or purchase “basket”. When you are finished purchasing items on the auction, you can proceed to check out and get a Pro Forma invoice.
    7. On the fall of the hammer each sale becomes final. In the event of a dispute during the auction at the time of sale of the Lot, the Auctioneer may sell the vehicle to the original Buyer or he may immediately re-auction the lot.

18. Registration

    1. All clients are required to verify their KYC(Know Your Customer) status by uploading a selfie photo to their online profile or visit their nearest SMD branch to have a picture taken.
    2. All Buyers who wish to participate in bidding (either online or in person at a branch) are required to register for a Branch Auction. The deposit for all Branch Auctions is R 5,000. See Deposit instructions above.
    3. To register for a Online Branch Auction at a branch: SA Citizens: Bring your RSA ID Book and proof of payment. Foreign Nationals: Bring your Traffic Register, valid (not expired) Passport or Refugee ID and proof of payment. By law, you cannot register on a Passport alone.
    4. To register for a Online Branch Auction online: Register on the website and click on the Online Branch Auction you wish to participate in. Click on register. If you have a deposit with us, you will automatically be registered. If you do not have a deposit with us, a Payment Advice requesting that you pay the deposit will be emailed to you. Please ensure you pay the deposit using the reference shown well in advance of the auction to ensure you are able to bid. If the system is not picking up your deposit, please contact our Call Centre on 087 830 9999 to link your deposit.
    5. Registration starts up to 48 hours prior to the Branch Auction. The Auction will not be delayed for any person, and will start strictly at the time shown. However, you may register at any time before and during the auction. No Buyer may register after the sale of a vehicle in order to be able to purchase a vehicle. All SMD clients are required to register for each auction and are subject to all Auction Rules.
    6. In terms of Regulation 26 (3) of the Act, Buyers who cannot attend the auction in person may send a person on their behalf, but must produce a letter of authority to SMD at registration.

19. Payment terms

    1. What you bid for is not the final amount you will have to pay. The fees are calculated for each vehicle as follows: a) Bid + 5% (Buyer’s premium) + R 2,395 (document handling fee) + VAT on that total = Total Sale e.g. R 10,000 + R 500 + R 2,395 + R 1,934.25 = R 14,829.25
    2. Full and final payment must be made using the reference on your Pro Forma invoice within a maximum of 24 hours of the auction. Please ensure you familiarize yourself with the payment period for each auction. For online purchases this period is strictly 24 hours.

    Online Daily Sales :

20. Viewing

    1. Viewing of all vehicles is available electronically through SMD360. Additional images may also be made available online.

    2. Viewing of all vehicles in person is by appointment only.

       Autobid

    3. If you are registered online for an Online Daily Sales auction, prior to the sale of the item, you can enter an Autobid amount against each item or lot you are interested in.

    4. An Autobid is the maximum bid you are prepared to pay for an item. The system will then automatically bid on your behalf up until your maximum.
    5. Bidding increments will be determined by the system, and may or may not reach your maximum Autobid amount.

21. Online Daily Sales Auction process

    1. Vehicles on sale subject to a reserve or minimum price are indicated by "Subject to Confirmation".
    2. Once the starting bid or reserve price had been accepted by a Buyer, the "Subject to Confirmation" will change to "No" on screen, indicating the reserve or minimum has been met.

    3. All vehicles are on Online Daily Sales Auction for a specific time period, and expire in the time shown.

    4. The Online Daily Sales Auction process is regulated by the registered online users who determine the highest current bid. Bids for Online Daily Sales Auction vehicles can only be made online.

    5. Should you hold the highest bid upon closing of the bidding time, and your bid meets the reserve, a notification will be sent via email to inform you that you have been successful in purchasing the vehicle. The sale is then final. If you hold the highest bid and your bid is under reserve, the seller will be notified to approve or decline your offer before the sale is finalised.
    6. If no bids are received during the closing period (finalising the last bid), the vehicle will be sold to the highest bidder. However, should bids be received during the closing period, the bidding time allowed will be extended to accommodate the Buyers and a new expiry time will automatically be set.
    7. The system will automatically not allow any Buyer to bid against him/herself, unless your bid is under the reserve and you wish to bid in order to win the vehicle.
       Registration
    8. To register for an Online Daily Sales Auction: SA Citizens must be in possession of a South African ID and Foreign Nationals must be in possession of a Traffic Register and valid (not expired) Passport. By law, you cannot register on a Passport alone. All Buyers wishing to participate in Online Daily Sales Auctions are required to register online and pay a deposit of R 5,000 in order to bid. If you have a deposit with us, you will automatically be registered. If you do not have a deposit with us, a Payment Advice requesting that you pay the deposit will be emailed to you. Please ensure you pay the deposit using the reference shown well in advance of the auction to ensure you are able to bid. If the system is not picking up your deposit, please contact our Call Centre on 087 830 9999 to link your deposit.
    9. Do not share your website login details with any person. Should you share your details with any other person or party, you will be liable for purchases they make using your account.

22. Payment terms

    1. What you bid for is not the final amount you will have to pay. The final price is calculated as follows: Bid + 5% (Buyer’s premium) + R2,395 (document handling fee) + VAT on that total = Total Sale e.g. R 10,000 + R 500 + R 2,395 + R 1,934.25 = R 14,829.25
    2. Full and final payment must be made within a maximum of 24 hours of the Online Daily Sales Auction, and is specific to each transaction. Please ensure you familiarize yourself with the payment period for each transaction.

    Buy Now :

23. Payment terms

    1. The displayed price does not include the following: Buyer's premium of 5%, document handling fee and VAT. The final price is calculated as follows: a) Bid + 5% (Buyer’s premium) + R2,395 (document handling fee) + VAT on that total = Total Sale e.g. R 10,000 + R 500 + R 2,395 + R 1,934.50 = R 14,829.25
    2. Full and final payment must be made within a maximum of 24 hours of the transaction being initiated, and is specific to each transaction. Please ensure you familiarize yourself with the payment period for each transaction.

    Payment

    SMD's bank details are displayed on payment advices, obtainable by registered users through My Account > My Deposits > Create Payment Advice.

    FICA

    Not withstanding any contrary provision, no second hand, fleet, rental or repossessed sales to SMD will be completed until all parties to the transaction have been identified and verified in terms of the requirements of the Financial Intelligence Center Act (FICA) No. 38 of 2001. SMD will only accept original documents or certified copies not older than 3 months . No photocopied or faxed documents will be accepted. No exceptions will be made.

    If you are a business
    You will need to bring all of the following:

    • SARS letter with VAT Number (Notice of registration)
    • Owners ID document and proof of physical home address (and ALL partners/directors)
    • Proxy details from License Office (eNaTIS person entity particulars)
    • Proxy & Representative's ID Document
    • Business Certificate of Incorporation (CK1 letter)
    • Current proof of Business address (See applicable forms of proof of address below)
    • Authorisation letter on the Company letter head is required stating that the client (Buyer) is authorised to bid/buy a vehicle on behalf of the registered Company. All directors should sign the authorised letter and this letter must be produced along with all the other required documents for a legal entity

    If you are a private Buyer
    You will have to provide the following:

    • Your ID Document
    • Current proof of address (See acceptable forms of proof of address below)

    Acceptable forms of proof of address Applicable to documents that are issued:

    • Monthly: must not be older than 3 months, OR
    • Annually: must not be older than 6 months

    Choose from one of the following reflecting the name and address of either the person or business:

    • A utility bill (e.g. water / lights bill)
    • An original bank statement with a verified Bank Stamp and Electronic Statement with a verified bank stamp. No statements copies or bank profiles is allowed
    • Municipal rates and taxes invoice
    • Telephone and cellular account
    • Retail account document e.g. Edgars, Jet etc.
    • Affidavit from co-habitant, property owner or employer
    • Tribal authority letter - Body Corporate/Governing body letter or statement
    • A recent lease or rental agreement (Must not have expired)
    • Property Owner’s ID document and proof of physical home address not older than 3 months
    • Rental Invoice from letting Agents

    Website Terms and Conditions

24. Website Terms of Use
    These Terms (“Terms”) govern your (“User”) use of the Salvage Management and Disposals (Proprietary) Limited (hereinafter referred to as “SMD”) Website. By accessing and using the Website, you agree to be bound by the Terms set out in this legal notice. If you do not wish to be bound by these Terms, do not access, display, use, download, or otherwise copy or distribute content obtained at the Website.

25. Updating of these Terms
    SMD may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website.

    SMD will notify you of the changes via email or by posting a prominent notice on the Website. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance of these Terms, including any changes or updates.

26. Complaints and disputes To file complaints, please email service@smd.co.za. Currently SMD does not subscribe to any alternative dispute resolution code or mechanism.

27. Copyright and Intellectual Property Rights

    1. SMD provides certain information on the Website. Content displayed on the Website is provided by SMD, its affiliates or subsidiary, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to SMD, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.
    2. SMD may make any changes to the Website, the Content, or to products or services offered through the Website at any time and without notice to you. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, you are not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

28. Limited License to General Users

    1. SMD grants you, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
    2. This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of SMD.
    3. The license does not allow you to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. You may not frame the Website or the Content without the express written consent of SMD.
    4. SMD and the Owners, their affiliates or subsidiary reserve the right to remove or edit content, in their sole discretion.
    5. Any unauthorised use terminates this license.

29. Limitation of liability:

    1. The Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and SMD, Owners, suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.
    2. Neither SMD nor any holding company, affiliate or subsidiary of SMD or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.

30. Interception of communications

    1. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners or SMD through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
    2. To ensure acquaintance with and awareness of the privacy measures and policies of SMD, you are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

31. Privacy

    1. You may visit the Website without providing any personal information.
    2. You accordingly grant express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
    3. This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
    4. SMD uses this information to determine use of the Website, and to improve Content.
    5. SMD assumes no obligation other than required by the current legislation to protect this information, and may copy, distribute or otherwise use the information within the boundaries of the current legislation.
    6. SMD may monitor and edit or remove any Information, where posted to public pages. SMD takes no responsibility, and assumes no liability for any Information posted by you or any third party.

    7. SMD receives and stores all Information, including Personal Information which you enter on the Website or gives to SMD, in any other way. You may choose not

    8. to provide certain Personal Information, but that may limit the services or products that you may wish to obtain from SMD.

    9. SMD aspires to provide first-class service to its customers, which requires SMD providing information to you about new services or special offers. In each instance, you are provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to info@smd.co.za.
    10. SMD understands that efficiency and customer care translates to good service. SMD may periodically conduct online customer care surveys to enable the updating of service standards.
    11. Use of the data that you provide us, or which is collected by use on our Website, is governed by our private policy. By using our Website, you consent to such processing.
    12. Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).

32. Choice of Law

    1. This Website is controlled, operated and administered by SMD from its offices as set out below within the Republic of South Africa.
    2. These Terms will be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the North Gauteng High Court in the event of any dispute.
    3. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
    4. These Terms constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

33. Contact Details In the event that you need to contact SMD for purposes related to these Terms and Conditions, please use the following:

    Email: info@smd.co.za
    Telephone: 087 830 9999
    WhatsApp: 082 947 5661