Terms and Conditions

Introduction

  1. These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to SM Schools’ use of cookies in accordance with the terms of SM Schools privacy policy.
  2. Images posted to this site are with the express permission of the listed school or educational institution.
  3. SM Schools hold no liability for images posted without permission from the listed school or educational institution.
  4. We will gladly remove any image that does not belong on this site, please advise the sean@smschools.co.za accordingly.

Changes to the Terms and Conditions

We reserve the right, in our sole discretion to update, modify or amend the Terms and Conditions from time to time with or without notice. You therefore agree to review the Terms and Conditions whenever you visit our website for any such change. Save as expressly provided to the contrary herein, the amended version of the Terms and Conditions shall supersede and replace all previous versions thereof.

Printing Of Digital Images

Should you wish to print a digital image at any point in the future, we would highly recommend the use of a reputable printing company as they have calibrated machines, e.g. Studio 22 (Montague Gardens), Orms (Bellville/Cape Town) or Cameraworld (Bellville) [many of the smaller printing companies do not have properly calibrated machines].

Unfortunately SM Schools cannot be held responsible should any printing results not be up to standard as this is done at own risk.

Colour Variances on Non-Calibrated Screens

It is vital to understand that every screen has its own calibration and therefore the digital image may look different when viewed on various screens.

Only if you have a professionally calibrated machine will it be accurate in terms of the photographed / edited colour, however even different professionally calibrated machines may vary slightly.

License to use website

Unless otherwise stated, SM Schools and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.  You may view, download for caching purposes only from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  You must not:

republish material from this website (including republication on another website);

print pages or other content without SM Schools’ express written consent

sell, rent or sub-license material from the website;

show any material from the website in public;

reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

edit or otherwise modify any material on the website; or

redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SM Schools express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without SM Schools express written consent.

Restricted access

If SM Schools provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

User content 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.  You grant to SM Schools a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to SM Schools the right to sub-license these rights, and the right to bring an action for infringement of these rights.  Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SM Schools or a third party (in each case under any applicable law).You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.  SM Schools reserves the right to edit or remove any material submitted to this website, or stored on SM Schools’ servers, or hosted or published upon this website.  Notwithstanding SM Schools’ rights under these terms and conditions in relation to user content, SM Schools does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  SM Schools makes no representations or warranties in relation to this website or the information and materials provided on this website.  Without prejudice to the generality of the foregoing paragraph, SM Schools does not warrant that:

this website will be constantly available, or available at all; or

the information on this website will be constantly available, or available at all.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

SM Schools will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if SM Schools has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SM Schools’ liability in respect of any:

death or personal injury caused by SM Schools’ negligence;

fraud or fraudulent misrepresentation on the part of SM Schools; or

matter which it would be illegal or unlawful for SM Schools to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Other parties

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SM Schools’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SM Schools.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify SM Schools and undertake to keep SM Schools indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SM Schools to a third party in settlement of a claim or dispute on the advice of SM Schools’ legal advisers) incurred or suffered by SM Schools arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to SM Schools’ other rights under these terms and conditions, if you breach these terms and conditions in any way, SM Schools may take such action as SM Schools deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

SM Schools may transfer, sub-contract or otherwise deal with SM Schools’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.  You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Privacy Policy

Your consent

By submitting your details and/or using and/or purchasing the products and services we offer, you accept this Privacy Policy and expressly provide your voluntary, specific and informed consent to the processing, storage and disclosure of your personal information in the manner described herein. If you object to any of the potential uses described in this Privacy Policy, please don’t use and/or purchase our products and services.

Changes to this Privacy Policy

We reserve the right, in our sole discretion to update, modify or amend (including without limitation, by the addition of new terms and conditions) this Privacy Policy from time to time with or without notice. You therefore agree to review the Privacy Policy whenever you visit our website for any such change. Save as expressly provided to the contrary herein, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.

What is personal information?

Personal information is defined in the Protection of Personal Information Act of 2013 (“POPIA”) as information relating to your race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth; information relating to your education or your medical, financial, criminal or employment history; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment allocated to you; your biometric information; your personal opinions, views or preferences; correspondence sent by you that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about you; and your name if it appears with other personal information relating to you or if the disclosure of the name itself would reveal information about you.

How we collect your personal information

When you purchase products from us or utilise our services either via our website or in person, you may be requested to provide certain personal information. This is information that we process and store for the reasons set out herein.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Why we process and store your personal information

The following are the reasons why we collect, process and store your personal information:

  • to identify you;
  • in order for us to process your instructions or requests;
  • to process your order/s and keep you informed of its progress;
  • to give effect to your payment instructions;
  • to deliver your purchase to you;
  • statistical, research or historical analysis;
  • to develop and improve our products and services;
  • to update your and our records;
  • to identify which of our products and services might interest you;
  • to identify and prevent fraud, money laundering and other criminal activities;
  • for market research.

We may disclose your personal information:

  • in the event we sell or buy any business or assets (in which case we may disclose your personal information to the prospective seller or buyer of such a business or assets);
  • if our business or substantially all of its assets are acquired by a third party (in which case personal information held about customers will be one of the transferred assets);
  • if we have a duty to disclose your personal information in order to comply with a legal request, or in order to enforce any of our terms and conditions;
  • where we are in law allowed to do so;
  • in relation to the implementation, administration and/or enforcement of any agreement entered into with us.

In addition, we utilise your personal information for the other reasons set out in this Privacy Policy.

Disclosure of your personal information

We do not share your personal information with any unaffiliated third parties except as necessary to comply with the reasons for which we use your personal information (see Why we process and store your personal information above), and/or as required or permitted by law or professional standards.

We may share your personal information with any of our affiliated companies or divisions to which we belong to comply with the reasons for which we use your personal information (see Why we process and store your personal information above), to provide joint content and services, to help detect and prevent potentially illegal acts and violations of our policies and to guide decisions about our products, services and communications.

We may share your personal information with third parties involved in the process of providing the services you request. We have trusted relationships with these carefully selected third parties who perform services on our behalf.

Right to request access to your personal information

You are entitled to request access to your personal information and to request that inaccurate, irrelevant, excessive, outdated, incomplete, misleading or unlawfully obtained information be corrected.

Disclosure of your personal information without your consent

Notwithstanding the above, we will disclose your personal information without your consent:

  • if we are required to do so by law or a court order;
  • to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997;
  • to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;
  • for the conduct of proceedings in any court or tribunal;
  • in the interests of national security;
  • if disclosure would not prejudice your legitimate interest or lawful purpose;
  • if it would not be reasonably practicable to obtain your consent;.
  • the information will not be used in a form in which you would be identified;
  • the information will be used for historical, statistical or research purposes.

Data Security Safeguards

We understand the value of your personal information and therefore will take all reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. Your personal information is stored in databases that have built-in safeguards and firewalls to ensure the privacy and confidentiality of that information.

We recognise the need for appropriate protection and management of the personal information you share with us.

We protect that information using Secure Socket Layer (SSL) technology with high security 256 bit encryption and by limiting employee access on a need-to-know basis. We store data in encrypted form on computers and control access via secure web pages.

We utilize Web application firewall technologies to detect and stop malicious activity before it reaches our servers.

Our security systems meet or exceed industry standards and we are constantly monitoring internet developments to ensure our systems evolve as required. We also test our systems regularly to make sure our security mechanisms are up to date. Our server runs Clam anti-virus which is updated as new virus definitions are released and servers are scanned daily.

Our system protects you and your data by utilizing Arbor and Juniper hardware.

All customer passwords are stored in a one-way encrypted format.

We make use of a certified bank approved payment gateway supplier as well as 3D Secure to further enhance the security of credit card transactions.

We are subject to South African data protection laws including, but not limited to, those contained in POPIA, the Consumer Protection Act 2008, the Electronic Communications and Transactions Act of 2002, and the Promotion of Access to Information Act of 2000.

Which laws apply?

This Privacy Policy will be governed by and construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with this Privacy Policy, you agree that the matter be heard in the High Court of South Africa, Western Cape Division, alternatively a court of competent jurisdiction in South Africa.

 

SM Schools’ details

The full name of SM Schools is SM Schools Photography.  You can contact SM Schools by email on sean@smschools.co.za

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