Terms and Conditions

1. Introduction

Welcome to Smartnote. These Terms and Conditions ("Terms") govern your use of the Smartnote website and the purchase of our educational materials. By accessing our website or purchasing our products, you agree to be bound by these Terms.

Smartnote is operated in the Republic of South Africa and is subject to South African law.

2. Definitions

In these Terms:

3. Acceptance of Terms

By using this website and/or purchasing our products, you confirm that:

4. Products and Services

4.1 Educational Materials

Smartnote offers digital educational materials including mathematics cheat sheets, study guides, and formula references for Grades 10, 11, and 12 aligned with the South African CAPS curriculum.

4.2 Product Accuracy

We make every effort to ensure that our educational materials are accurate and aligned with the CAPS curriculum. However, we do not guarantee that the materials are error-free or complete. Students should use these materials as supplementary study aids alongside their prescribed textbooks and classroom instruction.

4.3 CAPS Compliance

While our products are designed to align with the Curriculum and Assessment Policy Statement (CAPS), they are not official Department of Basic Education materials. They are independently created study aids.

5. Pricing and Payment

5.1 Pricing

All prices are displayed in South African Rand (ZAR) and include VAT where applicable. We reserve the right to change our prices at any time without prior notice. Any price changes will not affect orders already confirmed.

5.2 Payment Processing

Payments are processed securely through Paystack, a third-party payment processor. By making a purchase, you agree to Paystack's terms and conditions. We do not store your payment card information.

5.3 Payment Confirmation

Once payment is confirmed, you will receive an email confirmation and access to download your purchased products.

6. Digital Delivery

6.1 Instant Access

Upon successful payment, you will receive immediate access to download your purchased digital products via email. Please ensure you provide a valid email address.

6.2 Download Responsibility

It is your responsibility to download and save the products. We recommend downloading your products immediately upon receipt and storing them securely.

6.3 Technical Issues

If you experience technical difficulties accessing your purchased products, please contact us within 14 days of purchase for assistance.

7. Refund and Cancellation Policy

7.1 Digital Products

Due to the nature of digital products, all sales are final. Under the Consumer Protection Act 68 of 2008, consumers have the right to return goods within a certain period. However, Section 53(4) specifically excludes digital content delivered electronically from this right once delivery has occurred.

7.2 Exceptional Circumstances

Refunds may be considered in exceptional circumstances, such as:

Refund requests must be submitted within 14 days of purchase with supporting documentation.

8. Intellectual Property Rights

8.1 Ownership

All content, materials, designs, logos, and intellectual property on this website and in our products remain the exclusive property of Smartnote and are protected by South African and international copyright laws.

8.2 License Grant

Upon purchase, you are granted a limited, non-exclusive, non-transferable license to use the educational materials for personal, non-commercial educational purposes only.

8.3 Prohibited Uses

You may NOT:

9. User Conduct

You agree to use this website and our products lawfully and not to:

10. Privacy and Data Protection

We are committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Please refer to our Privacy Policy for detailed information about how we collect, use, and protect your data.

11. Disclaimer of Warranties

11.1 Educational Use

Our products are provided for educational purposes only. They are study aids and should not replace formal education, textbooks, or professional tutoring.

11.2 No Guarantees

While we strive for accuracy and quality, we make no warranties or guarantees regarding:

11.3 As-Is Basis

Products and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, to the fullest extent permissible under South African law.

12. Limitation of Liability

12.1 Maximum Liability

To the maximum extent permitted by South African law, Smartnote's total liability to you for any claims arising from or related to our products or services shall not exceed the amount you paid for the specific product giving rise to the claim.

12.2 Exclusion of Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or academic opportunities, even if we have been advised of the possibility of such damages.

12.3 Exam Results

We specifically disclaim any liability for examination results, grades, or academic outcomes. Success in examinations depends on multiple factors beyond the use of our materials.

13. Indemnification

You agree to indemnify and hold harmless Smartnote, its directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

14. Electronic Communications and Transactions

In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA), you consent to:

15. Third-Party Links and Services

Our website may contain links to third-party websites or services (such as payment processors). We are not responsible for the content, privacy policies, or practices of these third parties. Your use of third-party services is at your own risk.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website or products after changes constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

17. Termination

We reserve the right to terminate or suspend your access to our website and services at any time, without notice, for conduct that we believe:

18. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Smartnote regarding your use of our website and products.

20. Governing Law and Jurisdiction

20.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

20.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of South Africa for any disputes arising from or relating to these Terms or your use of our website and products.

20.3 Consumer Protection

Nothing in these Terms is intended to limit any rights you may have under the Consumer Protection Act 68 of 2008 or other applicable consumer protection legislation.

21. Complaints and Dispute Resolution

If you have a complaint, you may refer the matter to the Consumer Goods and Services Ombud or pursue other legal remedies available under South African law.