Terms of Use – Smart Communities

IMPORTANT NOTICE

Please read these Resident Terms of Use (“Terms”) carefully before creating an account or using the Smart Communities platform. By creating an account, accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms, the Priva

PLEASE NOTE — before you continue: These Terms limit Smart Communities’ liability for losses arising from your use of the Platform, require you to indemnify (compensate) Smart Communities in certain circumstances, and mean you accept certain risks inherent to using an online community platform. These provisions are set out in full in Part D (Clauses 42–44) and Part E (Clause 55). Please read them before accepting.cy Policy and any additional policies incorporated by reference.

If you do not agree to these Terms, you must not use the Services.

SMART COMMUNITIES FOUNDATION NPC

RESIDENT TERMS OF USE

PART A – GENERAL

1. Introduction

1.1 These Terms govern your access to and use of the Smart Communities platform, including:

the Smart Communities mobile applications;
the Smart Communities websites;
Virtual Private Communities;
Biz.App;
community communications;
incident reporting;
crowdfunding;
donations;
surveys;
local business services; and
all related products and services made available by Smart Communities Foundation NPC.

1.2 These Terms constitute a legally binding agreement between:

Smart Communities Foundation NPC

(“Smart Communities”, “we”, “our” or “us”)

and

the individual creating an account or using the Services

(“Resident”, “User” or “you”).

1.3 Certain services may be subject to additional terms, which are incorporated into these Terms by reference where applicable.

2. Definitions

Unless the context indicates otherwise:

Account means a registered Smart Communities user account.

Administrator means a person authorised by a Community Organisation to administer a Virtual Private Community.

Biz.App means the Smart Communities business marketplace and local economy platform.

Community Data means information submitted or generated within a Virtual Private Community.

Community Organisation means a homeowners’ association, residents’ association, community improvement district, municipality, non-profit organisation or other organisation administering a Virtual Private Community.

Content means any information uploaded, submitted, displayed or transmitted through the Services, including text, photographs, videos, documents, comments, reports and other material.

Incident means any event reported through the Services, including crime, security concerns, service delivery issues, environmental matters, maintenance requests or other community-related matters.

Operator has the meaning assigned in the Protection of Personal Information Act, 2013.

Personal Information has the meaning assigned in POPIA.

Platform means the Smart Communities software platform developed using the Konektd technology platform.

Responsible Party has the meaning assigned in POPIA.

Services means all products, applications, websites and services provided by Smart Communities.

Virtual Private Community or “VPC” means a secure digital community established for a specific Community Organisation.

3. Acceptance of These Terms

3.1 By:

creating an Account;
accessing the Platform;
using any Service;
participating in a Virtual Private Community; or
clicking “Accept”, “Register” or similar confirmation,

you agree to be legally bound by these Terms.

3.2 If you are using the Services on behalf of another person or organisation, you represent that you have authority to bind that person or organisation to these Terms.

3.3 If you do not agree with these Terms, you must immediately stop using the Services.

4. Changes to These Terms

4.1 Smart Communities may amend these Terms from time to time to:

comply with changes in law;
improve the Services;
introduce new functionality;
improve security;
reflect changes in technology or business operations.

4.2 Material changes will be communicated through reasonable means, which may include:

in-application notices;
email notifications;
publication on the Smart Communities website; or
push notifications.

4.3 Continued use of the Services after updated Terms take effect constitutes acceptance of the revised Terms.

5. Eligibility

5.1 You may register for an Account only if:

you are legally capable of entering into a binding agreement; or
where applicable, you are authorised by your parent or legal guardian to use the Services.

5.2 Certain Services may be subject to minimum age requirements or additional verification procedures.

5.3 Smart Communities reserves the right to refuse registration where:

information provided is inaccurate;
identity cannot reasonably be verified where verification is required;
registration would breach applicable law;
registration may compromise platform security.

5.4 Community Organisations may impose additional eligibility requirements for membership of their own Virtual Private Communities.

6. Creating An Account

6.1 To use certain Services, you must create a registered Account.

6.2 You agree to provide information that is:

accurate;
complete;
current; and
not misleading.

6.3 You agree to keep your information up to date.

6.4 You may not:

create an Account using another person’s identity;
impersonate another individual;
register multiple Accounts to avoid platform restrictions;
provide false contact information.

6.5 Smart Communities may suspend or terminate Accounts that contain materially inaccurate information.

7. Community Membership

7.1 Membership of a Virtual Private Community is determined by the relevant Community Organisation.

7.2 Smart Communities provides the technology platform but does not determine whether a Resident is eligible to join a particular community unless acting on behalf of the Community Organisation.

7.3 A Community Organisation may:

approve or decline membership applications;
request supporting documentation;
suspend or revoke community membership in accordance with its governance rules.

7.4 Removal from a Virtual Private Community does not automatically terminate your Smart Communities Account, unless continued use of the Platform is no longer available to you.

8. User Profile

8.1 Residents may create a personal profile within the Platform.

8.2 You are responsible for ensuring that profile information remains accurate.

8.3 You must not include unlawful, defamatory, offensive or misleading information in your profile.

8.4 Smart Communities may remove or require modification of profile information that breaches these Terms.

9. Identity Verification

9.1 Certain Services may require identity verification.

9.2 Verification may include confirmation of:

residential address;
community membership;
mobile number;
email address;
identity documentation where reasonably required.

9.3 Verification requirements may differ between Community Organisations.

9.4 Smart Communities reserves the right to refuse or suspend access to specific Services where identity verification cannot reasonably be completed.

10. Account Security

10.1 You are responsible for maintaining the confidentiality of your login credentials.

10.2 You must:

choose a strong password;
keep your password confidential;
not share your Account with another person;
notify Smart Communities promptly if you suspect unauthorised access.

10.3 You remain responsible for all activities carried out using your Account unless and until you notify Smart Communities of a suspected compromise.

10.4 Smart Communities may implement additional authentication or security measures where reasonably necessary to protect the Platform or its users.

11. Virtual Private Community

11.1 Each Virtual Private Community is administered by an independent Community Organisation.

11.2 The Community Organisation acts as the Responsible Party under POPIA for personal information processed within that community, while Smart Communities processes such information on its behalf as Operator, as further described in the Privacy Policy.

11.3 Community Organisations are responsible for their own governance decisions, including membership approval, community rules and administrative actions.

11.4 Smart Communities provides the technology platform but is not responsible for the internal governance decisions of a Community Organisation unless expressly agreed otherwise.

12. Resident Responsible

By using the Services, you agree to:

act honestly and lawfully;
respect the rights and privacy of other users;
provide accurate information;
use the Services only for their intended purposes;
comply with these Terms and applicable laws;
comply with any reasonable community rules published by your Community Organisation.

You must not use the Services to facilitate unlawful conduct, interfere with the operation of the Platform or undermine the safety, trust or integrity of the community.

PART B – USE OF THE SERVICES

13. Acceptable Use

13.1 Lawful Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You must comply with all applicable laws and regulations when using the Platform.

13.2 Prohibited Activities

You may not use the Platform to:

commit or facilitate unlawful activity;
harass, intimidate or threaten another person;
discriminate against any person on unlawful grounds;
impersonate another individual or organisation;
upload false or misleading information;
knowingly submit fraudulent incident reports;
distribute malware or malicious software;
interfere with Platform security;
gain unauthorised access to another user’s account;
scrape, harvest or extract information without authorisation;
reverse engineer any part of the Platform;
interfere with the operation of the Platform;
circumvent security measures;
transmit spam or unsolicited commercial communications;
infringe another person’s intellectual property rights;
publish defamatory content;
encourage violence;
promote criminal activity;
upload unlawful material.

13.3 Community Safety

Residents must use the Platform responsibly.

The Platform is intended to strengthen communities through lawful collaboration.

Residents must not use the Platform to:

organise unlawful activity;
target individuals;
incite vigilantism;
encourage retaliation;
publish private residential information for malicious purposes.

14. Community Standards

Residents are expected to contribute positively to their communities.

Residents should:

treat others respectfully;
communicate honestly;
verify information before publishing it;
avoid inflammatory language;
respect differing opinions;
contribute constructively to community discussions.

Community Organisations may establish additional community standards applicable within their own Virtual Private Communities.

15. Incident Reporting

15.1 Purpose

The Platform enables Residents to report incidents affecting their communities.

Incident categories may include:

crime;
suspicious activity;
municipal service delivery;
environmental issues;
infrastructure damage;
community projects;
emergencies;
lost and found property;
public safety concerns.

15.2 Accuracy

Residents must ensure that reports are made honestly and in good faith.

You must not knowingly submit:

false reports;
fabricated evidence;
manipulated photographs;
misleading information.

15.3 Supporting Evidence

Residents may upload supporting material including:

photographs;
videos;
documents;
GPS locations;
descriptions;
identity documents where reasonably necessary;
vehicle registration numbers where relevant.

Residents warrant that they have the lawful right to upload such material.

15.4 No Verification by Smart Communities

Smart Communities does not verify the accuracy of every report submitted through the Platform.

Information is published or made available based upon submissions by users and Community Organisations.

Residents remain responsible for information they submit.

15.5 Reporting Criminal Activity

The Platform is not a replacement for:

the South African Police Service;
emergency medical services;
fire departments;
disaster management authorities;
security companies.

Residents should always contact the appropriate emergency services where immediate assistance is required.

15.6 Removal of Reports

Smart Communities or the Community Organisation may remove reports that:

are unlawful;
contain false information;
breach these Terms;
compromise public safety;
infringe privacy rights;
expose the Platform to legal liability.

Removal does not imply acceptance or rejection of the truth of the report.

15A. Defamation, Reputation and Responsible Reporting

15A.1 Purpose

The Smart Communities Platform is intended to promote lawful, constructive and responsible community participation. Residents must use the Platform honestly, respectfully and in good faith when communicating with other users or reporting incidents.

The Platform must not be used to harass, intimidate, defame, embarrass, threaten or unlawfully damage the reputation of any individual, organisation or business.

Residents must ensure that any information they publish is, to the best of their knowledge and belief:

accurate;
complete;
not intentionally misleading; and
submitted in good faith.

Residents should clearly distinguish between:

facts personally observed;
information received from another person;
opinions; and
suspicions or concerns that have not been verified.

Residents must not present speculation or rumours as established facts.

15A.3 Responsible Reporting

Incident reports should:

accurately describe the incident;
avoid unnecessary personal opinions;
avoid inflammatory or abusive language;
identify individuals only where reasonably necessary for legitimate community safety purposes or where authorised by law;
avoid disclosing excessive Personal Information unrelated to the incident.

Residents should exercise particular care when reporting allegations involving criminal conduct, fraud, misconduct or other matters capable of damaging another person’s reputation.

15A.4 Defamatory Content

Residents must not publish Content that:

is defamatory;
is malicious;
is knowingly false;
is intended to harm another person’s reputation;
unlawfully invades another person’s privacy;
amounts to harassment or intimidation;
encourages hatred or violence against any individual or group.

Residents acknowledge that they may be personally liable for unlawful or defamatory statements published through the Platform.

15A.5 Criminal Allegations

Residents must not state or imply that a person has committed a criminal offence unless:

the information is based upon facts honestly believed to be true;
publication is reasonably necessary for legitimate community safety purposes; and
the report is made responsibly and in good faith.

Where allegations have not been confirmed by a competent authority, Residents should avoid presenting those allegations as established facts.

15A.6 Ongoing Investigations

Residents should avoid publishing information that may:

prejudice an ongoing criminal investigation;
interfere with judicial proceedings;
identify victims where prohibited by law;
compromise the safety of witnesses;
obstruct law enforcement activities.

15A.7 Businesses and Service Providers

Residents may provide fair, honest and genuine reviews of businesses and service providers.

Reviews must:

reflect the Resident’s genuine experience;
not contain knowingly false statements;
not be published for improper commercial purposes;
not be used to extort, threaten or pressure a business.

Smart Communities reserves the right to remove reviews that breach these Terms.

15A.8 Moderation

Smart Communities or the relevant Community Organisation may, but is not obliged to:

review reports;
request clarification;
temporarily hide Content;
remove Content;
restrict access to Content;
preserve Content for evidential purposes;
notify law enforcement authorities where required by law.

The removal or retention of Content does not constitute confirmation of its accuracy or legality.

15A.9 Notice and Takedown

A person who believes that Content published through the Platform is unlawful, defamatory, misleading or infringes their rights may submit a written notice requesting its review.

Smart Communities may investigate such requests and may remove, restrict or retain the Content where reasonably necessary to:

comply with applicable law;
protect affected persons;
protect the integrity of the Platform; or
preserve evidence.

Nothing in this clause prevents Smart Communities from complying with a lawful court order or statutory obligation.

15A.10 Resident Responsibility

Each Resident remains solely responsible for the legality and accuracy of any Content they publish.

Residents indemnify Smart Communities against claims arising from unlawful or defamatory Content submitted by them, subject to applicable law.

16. User Content

16.1 Ownership

Residents retain ownership of the Content they upload.

Nothing in these Terms transfers ownership of your intellectual property.

16.2 Licence

By uploading Content you grant Smart Communities a worldwide, non-exclusive, royalty-free licence to:

host;
store;
reproduce;
display;
transmit;
process;
back up;
index;
distribute,

solely for purposes of:

operating the Platform;
providing Services;
improving functionality;
maintaining backups;
complying with legal obligations.

16.3 Aggregated Information

You acknowledge that Smart Communities may create anonymised and aggregated information that no longer identifies individuals.

Such information may be used for:

improving Services;
research;
public policy;
crime reduction initiatives;
environmental programmes;
employment initiatives;
grant applications;
community advocacy;
statistical reporting.

No individual Resident will be identified through such aggregated information.

16.4 Responsibility

Residents remain solely responsible for:

uploaded material;
comments;
photographs;
reports;
documents;
videos.

17. Community Communications

Residents may receive communications relating to:

community notices;
emergencies;
security alerts;
surveys;
volunteer opportunities;
community projects;
donations;
local business promotions;
Platform updates.

Residents may manage notification preferences where functionality permits.

Certain operational or legal communications cannot be disabled.

18. Community Discussions

Discussion forums may be made available.

Residents agree not to:

abuse other members;
post offensive material;
intimidate users;
spread misinformation;
disclose confidential information.

Community Organisations may moderate discussions.

19. Photographs and Video

Residents warrant that uploaded media:

does not infringe copyright;
was lawfully obtained;
may lawfully be shared;
does not unlawfully invade another person’s privacy.

Residents should avoid uploading identifiable images of children unless legally authorised or where necessary for legitimate community safety purposes.

20. Location Services

Certain Services require location information.

Location may be used for:

incident mapping;
nearby businesses;
navigation;
community boundaries;
emergency information.

Residents may disable location permissions.

Some functionality may become unavailable.

21. Push Notifications

The Platform may send:

safety alerts;
crime notifications;
service delivery updates;
reminders;
surveys;
community announcements;
marketing messages.

Marketing communications may be managed through notification preferences.

Critical operational messages may continue where necessary for operation of the Services.

22. Community Moderation

Community Organisations may moderate:

discussions;
reports;
comments;
uploaded material.

Smart Communities may also moderate Content where reasonably necessary to:

comply with law;
protect users;
maintain Platform integrity;
investigate abuse;
respond to lawful requests.

23. Reporting Misuse

Residents are encouraged to report:

abuse;
fraud;
harassment;
impersonation;
unlawful activity;
security concerns.

Reports may be investigated by:

Smart Communities;
Community Organisations;
law enforcement authorities where legally required.

24. Enforcement

Where these Terms are breached Smart Communities may:

issue warnings;
remove Content;
restrict functionality;
suspend Accounts;
permanently terminate Accounts;
report unlawful conduct to authorities;
preserve evidence for legal proceedings.

Enforcement action will be proportionate to the nature and seriousness of the breach.

PART C – SERVICES, PAYMENTS, PRIVACY AND DATA

25. Biz.App Marketplace

25.1 Marketplace Services

The Platform may provide access to local businesses through the Biz.App marketplace.

Services may include:

business listings;
products;
professional services;
promotions;
quotations;
bookings;
loyalty programmes;
rewards;
digital vouchers;
advertisements.

25.2 Independent Businesses

Businesses listed on the Platform operate independently.

Smart Communities is not:

the seller;
supplier;
manufacturer;
distributor;
employer;
agent;
representative

of businesses listed within Biz.App unless expressly stated otherwise.

25.3 Resident Responsibility

Residents are responsible for evaluating:

prices;
quotations;
service quality;
qualifications;
licensing;
insurance;
warranties.

Residents should exercise their own judgement before engaging any business.

25.4 No Endorsement

Listing a business does not constitute an endorsement by Smart Communities.

Reviews, ratings or community recommendations represent the opinions of individual users and do not necessarily reflect the views of Smart Communities.

26. Community Rewards

The Platform may operate community reward programmes.

Residents acknowledge that:

rewards may change;
participating businesses determine their own offers;
rewards may be withdrawn;
eligibility criteria may change.

Smart Communities does not guarantee the availability of any reward.

27. Donations

Residents may make donations through the Platform.

Donations may support:

Community Organisations;
community projects;
charities;
public benefit organisations;
emergency relief;
crowdfunding campaigns.

27.1 Payment Processing

Payments may be processed through authorised third-party payment providers.

Smart Communities does not store complete payment card details.

27.2 Refunds

Unless required by law:

donations are voluntary;
donations are generally non-refundable.

Where donations were made fraudulently or in error, Smart Communities may investigate refund requests.

27.3 Community Projects

Smart Communities provides technology to facilitate fundraising.

Smart Communities does not guarantee:

fundraising success;
project completion;
achievement of campaign objectives.

Responsibility for project implementation rests with the relevant Community Organisation or campaign owner.

28. Subscriptions

Some Services may require payment.

Where applicable:

subscription fees will be displayed before purchase;
recurring subscriptions will renew automatically unless cancelled;
residents may cancel future renewals in accordance with applicable subscription terms.

28.1 Available Plans. Some Services may require payment through a monthly or annual subscription plan, as described and priced at the point of purchase.

28.2 Monthly Plans. Monthly plans carry no minimum commitment period and renew automatically each month. Residents may cancel a monthly plan at any time through account settings or by contacting Smart Communities, effective at the end of the current billing month.

28.3 Annual Plans — Renewal Notice. Annual plans are entered into for a fixed 12-month period. Not more than 80, and not less than 40, business days before the end of that period, Smart Communities will give the Resident written notice (which may be by email or in-application notice) of: (a) the impending expiry date; (b) any material changes that will apply on renewal; and (c) the Resident’s options — to renew for a further fixed term, continue on a month-to-month basis, or cancel.

28.4 Annual Plans — Early Cancellation. A Resident may cancel an annual plan at any time during its term by giving Smart Communities 20 business days’ written notice.

28.5 Annual Plans — Continuation. If the Resident does not respond to the notice in Clause 28.3, the annual plan will continue automatically on a month-to-month basis on the same terms (subject to any notified material changes), unless the Resident directs Smart Communities to terminate the plan on the expiry date or expressly agrees to a further fixed term.

29. Third-Party Services

The Platform may integrate with third-party services including:

payment gateways;
mapping services;
authentication providers;
messaging providers;
analytics providers.

Smart Communities is not responsible for the availability, security or performance of third-party services.

Use of third-party services is subject to the terms and privacy policies of those providers.

30. Privacy

Smart Communities values the privacy of all users.

The collection, use and disclosure of Personal Information are governed by the Smart Communities Privacy Policy.

The Privacy Policy forms part of these Terms.

Residents should read the Privacy Policy carefully before using the Services.

31. POPIA

Smart Communities processes Personal Information in accordance with the Protection of Personal Information Act, 2013 (“POPIA”) and other applicable privacy legislation.

Residents acknowledge that:

Community Organisations generally act as the Responsible Party for information processed within their Virtual Private Community; and
Smart Communities Foundation generally acts as the Operator processing Personal Information on behalf of the Community Organisation.

Where Smart Communities determines the purpose and means of processing for its own activities, it will act as a Responsible Party in accordance with applicable law.

32. Consent

By using the Services you consent, where required by law, to the processing of your Personal Information for purposes including:

providing the Services;
verifying community membership;
operating your Account;
communicating with you;
providing customer support;
maintaining Platform security;
complying with legal obligations;
processing payments;
improving Platform functionality.

Where additional consent is legally required, Smart Communities will obtain that consent separately.

33. Community Data

Residents retain all rights afforded to them under applicable privacy legislation in respect of their Personal Information.

Smart Communities does not acquire ownership of Personal Information submitted through the Platform.

Smart Communities may create anonymised and aggregated information that no longer identifies individual residents or identifiable communities.

Such information may be used for:

statistical analysis;
improving Services;
measuring community impact;
research;
environmental programmes;
public safety initiatives;
crime reduction programmes;
employment initiatives;
grant applications;
policy development;
advocacy for stronger communities.

Smart Communities will not knowingly use aggregated information in a manner that reasonably permits the identification of an individual Resident.

34. Security

Smart Communities implements reasonable technical and organisational measures designed to protect Personal Information.

These measures include, where appropriate:

encryption in transit;
encryption at rest;
role-based access controls;
audit logging;
secure cloud infrastructure;
identity management;
backups;
disaster recovery measures.

No information system can guarantee absolute security.

Residents acknowledge the inherent risks associated with electronic communications.

35. Data Retention

Smart Communities retains information only for as long as reasonably necessary for:

providing the Services;
complying with legal obligations;
resolving disputes;
maintaining system integrity;
enforcing these Terms.

Detailed retention periods are contained within the Privacy Policy.

36. Future Artificial Intelligence Services

The Platform may introduce artificial intelligence features in the future.

These may include:

community assistants;
search;
recommendations;
document summarisation;
translation;
community insights;
administrative assistance.

Where AI Services are introduced:

they are intended to assist users and administrators;
AI-generated content may contain inaccuracies;
residents should independently verify important information before relying upon it.

AI Services are not intended to replace professional legal, medical, financial, engineering or other regulated professional advice.

37. Software Updates

Smart Communities may:

release updates;
modify functionality;
improve security;
remove obsolete features;
introduce new Services.

Residents may be required to install updates in order to continue using certain functionality.

38. Beta Features

From time to time Smart Communities may release experimental or beta functionality.

Beta Services are provided:

for evaluation;
“as available”;
without guarantees regarding functionality or availability.

Feedback provided by Residents may be used to improve the Platform.

PART D – LEGAL PROVISIONS

39. Intellectual Property

39.1 Ownership

The Platform, including its software, source code, databases, designs, graphics, user interfaces, documentation, workflows, algorithms, trademarks, logos, text (excluding User Content) and other intellectual property, is owned by or licensed to Smart Communities Foundation and is protected by applicable intellectual property laws.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

39.2 Limited Licence

Subject to these Terms, Smart Communities grants you a limited, non-exclusive, non-transferable and revocable licence to use the Services for your personal, lawful, non-commercial community participation.

You may not:

copy the Platform;
modify the Platform;
reverse engineer the Platform;
distribute the Platform;
lease or sublicense the Platform;
create derivative works from the Platform;
use automated systems to access the Platform without written permission.

39.3 Feedback

If you submit ideas, suggestions or feedback regarding the Platform, you grant Smart Communities a perpetual, irrevocable, worldwide, royalty-free licence to use, modify and incorporate that feedback into the Services without compensation.

40. Suspension of Services

Smart Communities may suspend or restrict access to all or part of the Services where reasonably necessary to:

protect the Platform;
protect residents;
investigate unlawful conduct;
investigate security incidents;
prevent fraud;
comply with legal obligations;
enforce these Terms;
perform maintenance.

Where reasonably practicable, Smart Communities will notify affected users before or promptly after a suspension.

41. Termination

41.1 By the Resident

You may terminate your Account at any time through the available account settings or by contacting Smart Communities.

Termination does not affect obligations that accrued before termination.

41.2 By Smart Communities

Smart Communities may suspend or terminate your Account where you:

materially breach these Terms;
repeatedly violate community standards;
engage in unlawful conduct;
submit fraudulent information;
misuse the Platform;
create legal or security risks for other users or the Platform.

41.3 Effect of Termination

Upon termination:

your right to access the Services will cease;
your access to Virtual Private Communities may end;
Smart Communities may retain information where required by law or as described in the Privacy Policy;
other residents may continue to view content that you lawfully shared prior to termination where appropriate and permitted by law.

42. Disclaimers

42.1 Platform Provider

Smart Communities provides technology that enables communities to communicate, collaborate and manage community activities.

Smart Communities does not guarantee:

the accuracy of user-generated information;
the conduct of residents;
the conduct of businesses;
the success of community initiatives;
fundraising outcomes;
crime prevention;
emergency response times;
municipal service delivery;
uninterrupted availability of the Services.

42.2 No Professional Advice

Information provided through the Platform is for general informational purposes only.

Nothing on the Platform constitutes:

legal advice;
financial advice;
tax advice;
engineering advice;
medical advice;
security advice; or
any other regulated professional advice.

Residents should obtain appropriate professional advice before making decisions based on information obtained through the Platform.

42.3 Emergency Services

The Platform is not an emergency response service.

Residents should contact the appropriate emergency services whenever immediate assistance is required.

Smart Communities does not monitor the Platform continuously and cannot guarantee that emergency reports will be received, reviewed or acted upon within any particular timeframe.

42.4 Community Information

Incident reports, discussions, recommendations and community notices are generated by users and Community Organisations.

Smart Communities does not warrant their completeness, accuracy or reliability.

43. Limitation of Liability

To the maximum extent permitted by applicable law, Smart Communities Foundation, its directors, officers, employees, contractors, volunteers and service providers shall not be liable for any indirect, incidental, consequential, punitive or special damages arising out of or in connection with the use of the Services, including loss of profits, loss of opportunity, loss of goodwill, loss of data or business interruption.

Without limiting the generality of the foregoing, Smart Communities shall not be liable for:

crime committed by third parties;
failure of emergency services to respond;
decisions made by Community Organisations;
disputes between residents;
decisions based on user-generated information;
actions or omissions of businesses listed on the Platform;
quality of goods or services supplied by businesses;
failed fundraising campaigns;
municipal decisions or service delivery;
internet outages;
failures of third-party service providers;
unauthorised access resulting from the resident’s failure to protect account credentials.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded under applicable law, including liability for fraud, wilful misconduct or gross negligence where such exclusion is prohibited.

44. Resident Indemnity

You agree to indemnify and hold harmless Smart Communities Foundation, its directors, officers, employees, volunteers and service providers from claims, losses, damages, costs and expenses arising from:

your breach of these Terms;
unlawful use of the Platform;
infringement of third-party rights;
content uploaded by you;
false or misleading incident reports;
defamatory statements made by you;
misuse of another person’s Personal Information.

45. Force Majeure

Smart Communities shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including:

natural disasters;
war;
terrorism;
civil unrest;
strikes;
pandemics;
acts of government;
widespread internet failures;
failures of cloud infrastructure providers;
failures of utility services.

46. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Where mandatory consumer protection or privacy laws of another jurisdiction apply to a resident, nothing in these Terms excludes rights that cannot lawfully be waived under those laws.

47. Dispute Resolution

The parties shall first attempt to resolve any dispute through good-faith discussions.

If the dispute cannot be resolved within thirty (30) days, the parties may refer the matter to mediation before commencing legal proceedings, unless urgent relief is required.

Nothing in this clause prevents a party from seeking urgent interim relief from a court of competent jurisdiction.

48. Notices

Smart Communities may provide notices by:

email;
in-application notification;
push notification;
publication on the Platform; or
any other reasonable electronic communication method.

Residents are responsible for keeping their contact information current.

49. Electronic Communications

You consent to receiving communications electronically.

Electronic records and communications shall have the same legal effect as written communications to the extent permitted by applicable law.

50. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Smart Communities.

Smart Communities may assign or transfer its rights and obligations as part of a merger, acquisition, restructuring or transfer of substantially all of its assets, provided that the successor assumes the obligations under these Terms.

51. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

52. Waiver

A failure or delay by Smart Communities in exercising any right under these Terms shall not constitute a waiver of that right.

53. Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Smart Communities regarding your use of the Services.

54. Contact Details

Questions regarding these Terms may be directed to the contact details published on the Smart Communities website.

Residents wishing to exercise privacy rights should follow the procedures described in the Privacy Policy.

Schedule A – Incorporated Documents

The following documents form part of these Terms where applicable:

Privacy Policy
Community Standards
Acceptable Use Policy
Cookie Policy (if introduced)
Donation Terms (where applicable)
Biz.App Business Terms (where applicable)
Community Rules adopted by the relevant Community Organisation

PART E – REGULATORY COMPLIANCE

55. Consumer Protection Act

55.1 Application

Where applicable, these Terms are subject to the Consumer Protection Act, 2008 (“CPA”).

Nothing contained in these Terms shall be interpreted as excluding, restricting or limiting any right or remedy that cannot lawfully be excluded under the CPA.

55.2 Important Legal Notice

Residents acknowledge that these Terms contain provisions that:

limit the liability of Smart Communities;
require Residents to indemnify Smart Communities in certain circumstances;
allocate risks between the parties;
permit suspension or termination of Accounts;
affect Residents’ legal rights.

Residents should read these provisions carefully before accepting these Terms.

55.3 Assumption of Risk

Residents acknowledge that use of an online community platform involves inherent risks including:

reliance upon information submitted by other users;
interruptions to internet services;
temporary system outages;
inaccurate or incomplete community information;
actions of independent Community Organisations;
activities of third-party businesses.

By using the Platform, Residents accept these inherent risks to the extent permitted by law.

55.4 Fair Contracting

Smart Communities aims to ensure that these Terms are fair, transparent and written in plain language.

If any provision is found to be ambiguous, it shall be interpreted consistently with applicable consumer protection legislation.

56. Electronic Communications and Transactions

56.1 Electronic Agreement

Residents agree that these Terms may be accepted electronically.

Creating an Account, selecting an acceptance checkbox or otherwise using the Services constitutes electronic acceptance of these Terms.

56.2 Electronic Records

Electronic records maintained by Smart Communities relating to:

registrations;
logins;
consents;
transactions;
communications;
payments;
acknowledgements;

may be used as evidence to the extent permitted by applicable law.

56.3 Electronic Communications

Residents consent to receiving communications electronically including:

invoices;
notices;
policy updates;
legal notices;
security notifications;
account alerts.

56.4 System Availability

Although Smart Communities seeks to maintain reliable Services, uninterrupted availability cannot be guaranteed.

Residents acknowledge that temporary interruptions may occur due to:

maintenance;
upgrades;
internet failures;
cloud infrastructure issues;
cyber security events.

56.5 Electronic Errors

Residents should carefully review information before submitting it.

Where the Platform provides functionality allowing correction of submitted information before final submission, Residents should make use of those facilities.

Residents should promptly notify Smart Communities if they believe an electronic error has occurred.

57. Promotion of Access to Information Act (PAIA)

Smart Communities Foundation promotes openness and accountability while protecting Personal Information and confidential information.

Requests for access to records held by Smart Communities shall be dealt with in accordance with the Promotion of Access to Information Act, 2000 (“PAIA”) and applicable privacy legislation.

Where required by law, requests should be submitted to the Information Officer using the procedures described in the Smart Communities PAIA Manual.

The PAIA Manual is available on request and, where applicable, through the Smart Communities website.

58. Information Officer

The Chief Executive Officer of Smart Communities Foundation has been appointed as the Information Officer.

The Information Officer is responsible for, among other things:

overseeing compliance with applicable privacy legislation;
responding to privacy enquiries;
managing data subject requests;
coordinating responses to data breaches;
promoting responsible information governance.

Residents may contact the Information Officer using the contact details published on the Smart Communities website.

59. Cross-Border Processing

Residents acknowledge that Personal Information may be processed and stored outside the Republic of South Africa where reasonably necessary for operation of the Services.

Smart Communities currently utilises cloud infrastructure located within the European Union.

Where Personal Information is transferred outside South Africa, Smart Communities will take reasonable steps to ensure that such transfers comply with applicable privacy legislation and are subject to appropriate safeguards.

60. Export Control and Sanctions

Residents may not use the Platform where doing so would violate applicable sanctions, export control laws or trade restrictions.

Smart Communities may suspend or terminate Accounts where continued access would expose Smart Communities or its service providers to legal or regulatory risk.

61. Modifications to the Services

Smart Communities continually improves the Platform.

Accordingly Smart Communities may:

introduce new functionality;
discontinue obsolete functionality;
modify workflows;
redesign interfaces;
replace third-party service providers;
enhance security.

Smart Communities will endeavour to provide reasonable notice where material changes adversely affect the use of the Services.

62. Public Interest Use of Aggregated Data

Smart Communities Foundation exists to strengthen communities and improve social outcomes.

Residents acknowledge that Smart Communities may create and use Aggregated and De-identified Data that cannot reasonably identify any individual Resident, household or identifiable Community Organisation.

Such information may be used to:

identify community trends;
improve public safety;
reduce crime;
improve environmental sustainability;
improve municipal service delivery;
support disaster preparedness;
improve public infrastructure;
support economic development;
promote local employment;
support academic research;
prepare statistical reports;
prepare grant applications;
engage with government departments;
engage with municipalities;
engage with businesses;
engage with donors;
advocate for stronger, safer and more prosperous communities.

Smart Communities shall not knowingly publish or disclose Aggregated and De-identified Data in a manner that reasonably permits the identification of an individual Resident or identifiable Community Organisation unless authorised by law or with the appropriate consent.

63. Survival

The following provisions shall survive termination of these Terms to the extent necessary to give them effect:

Intellectual Property
Privacy
Data Retention
Confidentiality
Indemnities
Limitation of Liability
Governing Law
Dispute Resolution
Community Data
Public Interest Use of Aggregated Data
Any provision that by its nature is intended to survive termination.