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Terms & Conditions

Use of Data Disclaimer

As User you may use the My Smart City Platform, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Platform (singly or collectively, the "Data") solely in compliance with the Terms and Conditions available on the My Smart City Platform.

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My Smart City Platform collects, processes and retains Data as part of operating the My Smart City Platform. This data is collected through the day-to-day Operations of the Platform, and from voluntary submissions and updates by Users, and excludes any additional and/or supplementary data collected by, and/or provided directly to, other similar platforms and/or government bodies. Therefore, while the Data is provided in good faith and to the best of My Smart Citys knowledge, we do not make any warranty, express or implied, including warranties of fitness for a particular purpose, or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information provided (either isolated or in the aggregate), or represents that its use would not infringe privately owned rights. While every effort is made to ensure the data quality, the data is provided "as is". Users should not act (or refrain from acting) based upon information in the Data without independently verifying the information and obtaining any necessary additional, external, or professional advice. The burden of assessing the fitness of the data lies completely with the User. The accuracy of any User's statistical analysis and any reported findings are not the responsibility of My Smart City.

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It should further be noted that any Data downloaded or otherwise obtained through the use of the My Smart City Platform is accessed at the User’s own risk and discretion, and the User will be solely responsible for any damage to its Device or loss of data that results from the download.

Warrant Identity and Authority

You represent that you have all right, title, interest and authorisation to attend to the User activities you are requesting access to. You further represent and warrant that you are who you say you are, that you agree to provide true, accurate, current and complete information about yourself as prompted by the User Account Registration process or other related forms (the "Registration Data") and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You warrant that you have not submitted fictitious, false or inaccurate information about yourself, or the position you hold, and that all Data provided during your User activity is true. You agree that you will not knowingly and with intent to defraud use, and/or abuse, your User Account and related access, permissions and rights assigned to your User Account and that you will manage your User Account and related User rights in line with the Terms and Conditions of My Smart City.

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If you provide any information that is untrue, inaccurate, not current or incomplete, or if My Smart City has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My Smart City has the right to suspend or terminate your account and refuse any and all current or future use of the My Smart City Platform (or any portion thereof). Furthermore, Should your actions warrant a criminal offence and/or is a reportable incident under South African law, My Smart City will take the necessary legal steps to report your actions to the relevant regulatory authority.

Terms & Conditions

1. Introduction

My Smart City is a platform operated and owned by Acumen Software (Pty) Ltd, a South African registered company, with its physical address being:

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Corner Main Office Buildings
Block A, Unit 7
2 Payne Road
Bryanston, Sandton, 2191

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All details related to contact information is available on our website www.mysmart.city. The My Smart City Platform provides its Services (described below) to you as User through its website located at www.mysmart.city and its mobile applications and related services, subject to the following Terms and Conditions as amended from time to time.

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These Terms and Conditions therefore constitute an agreement between you as User and Acumen Software as it relates to the use of the My Smart City Platform and related Services, irrespective of having a registered a User Account.

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Acumen Software reserves the right, in its sole discretion, to amend these Terms and Conditions from time to time. Acumen Software will notify Users 1 (one) month in advance of any amendments to these Terms and Conditions on the My Smart City website (www.mysmart.city) or through other reasonable means, which may include the Services user interface or in an email notification to the registered email address for the User’s Account. Emergency changes may be implemented on shorter notice.

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Except for urgent changes addressing new functions of the Services, or changes made for legal reasons which will be effective as required by legislation and/or good practice, all changes to these Terms and Conditions will become effective within the referenced 1 (one) month notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the My Smart City Platform and related Service.

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In addition, when using certain Services, you shall be subject to any additional terms applicable to such services that may be posted by any Service Provider from time to time. All such terms are hereby incorporated by reference into these Terms and Conditions.

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It is the User’s responsibility to regularly check the website to determine if there have been changes to these Terms and Conditions and to review such changes.

2. Definition

Agreement means this Agreement which sets out the conditions of use for the My Smart City Platform and includes any additional terms and conditions provided for on the My Smart City website;

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Acumen Software means Acumen Software (Pty) Ltd, an entity duly registered entity in terms of the laws of South Africa, with registration number 2006/008627/07, also referred to as “we”, “us” and “our”;

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Account means the registered account held by a User on the My Smart City Platform;

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Content means any data provided by the User including personal information, issues logged and images that are stored on the My Smart City Platform;

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Device means a mobile phone, terminal, tablet, laptop or desktop computer or any other electronic, battery or solar operated device used by the User to gain access to the My Smart City Platform;

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Facebook means a social networking site located at facebook.com, the Terms of Service which is defined on their website: https://www.facebook.com/terms.php;

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Google means an internet search engine located at google.com, the Terms of Service which is defined on their website: https://policies.google.com/terms?hl=en-US;

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Google Maps means the mapping and location service as provided through Google Maps/Google Earth, allowing a User to view and use a variety of content, including map and terrain data, imagery, business listings, traffic, reviews and other related information provided by Google, its licensors, and users, the Terms of Service which is defined on their website: https://cloud.google.com/maps-platform/terms;

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My Smart City Platform means all the components, Services, websites, portals, the My Smart City mobile app and all other functionality provided through and related to the Acumen Software brand;

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Services means any service available through the My Smart City Platform; Service Provider means a third-party service provider and its relevant network and infrastructure that provides the User with Services or a connection to a mobile network;

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Smart Device means any device integrated with the My Smart City Platform that can connect, share data and interact with the User;

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User means any authorised individual over the age of 18 (eighteen) that uses the My Smart City Platform, also referred to as “you”;

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User Account means a registered My Smart City account for a registered User stored on the My Smart City Platform database;

3. Interpretation

  1. The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify, the terms of this Agreement nor any clause thereof.​

  2. In this Agreement, unless a contrary intention clearly appears:

    • words importing:

      • the male gender includes the female gender;

      • the singular includes the plural and vice versa; and

      • natural persons include created entities (corporate or non-corporate) and vice versa;

  3. expressions defined in this Agreement shall bear the same meanings in the Annexures and/or supplementary policies (if and or where applicable) to this Agreement unless specifically defined in the Annexures;

  4. where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;

  5. any reference to a Party includes a reference to the Party’s authorised representatives, employees, agents or contractors;

  6. when any number of days is prescribed, same shall, unless otherwise specifically stated, be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day being Monday to Friday excluding weekends and public holidays;

  7. where words have been defined in the body of this Agreement, such words shall, unless otherwise required by the context, have the meanings so assigned to them throughout this Agreement;

  8. where any provision contemplates a notice to be given or agreement to be reached between the Parties, such notice or agreement shall, unless expressly provided otherwise, be made in writing.

4. Acceptance of Terms

  1. The User agrees to be bound by these Terms and Conditions and by agreeing to such the User declares that he or she is legally competent by law applicable to the User to accept, agrese to and or enter into this Agreement.

  2. If a User is under 18 (eighteen) years old, you may use the Service, with or without registering, only with the approval of your parent or legal guardian which you confirm you have obtained by continued use of the Service.

  3. The User’s continued use of My Smart City Platform, in the event of an amendment of these Terms and Conditions, will constitute the Users acceptance of and agreement to such amendment. The User will be entitled, if not in agreement with an amendment, to terminate their User Account with immediate effect.

5. Use of My Smart City Platform & Services

  1. Acumen Software grants the User a non-exclusive, non-transferable right to use the My Smart City Platform via a Smart Device.

  2. The User may not use the My Smart City Platform in contravention of any applicable Law and or Regulation which is not limited by the Applicable Law governing this Agreement.

6. Third Party

  1. The use of the My Smart City Platform by a third party using a User’s Device will despite any conditions under which the service provider is providing such services to the User, be subject to the Terms and Conditions for the purposes of this Agreement.

7. Intellectual Property Rights

  1. All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and any other material or moving images) contained in, or accessible via the My Smart City Platform, is either owned by Acumen Software or has been licensed to Acumen Software by the rights owner(s) for use as part of the My Smart City Platform and Services.

8. User Account Information

  1. A User may be required to register a User Account in order to access and use certain features of the My City Platform. The User agrees, and is obligated to provide and maintain true, accurate, current and complete information when registering for an Account on the My Smart City Platform or Services, as well as any additional information provided or any amendments made by the User.

  2. The User is responsible for maintaining the confidentiality of the User Account password, if any. It is the responsibility of the User to ensure that User Account is exited at the end of each session when accessing the Service.

  3. If the User’s Device is stolen or if the User becomes aware of any unauthorised use of the My Smart City Platform, the User remains responsible for all charges to your Account, unless there is gross negligence on behalf of Acumen Software.

  4. The User agree to immediately notify Acumen Software of any unauthorised use of your password or User Account or any other breach of security. Acumen Software will not be liable for any loss or damage arising from failure to comply with this Section.

  5. The User is and will remain at all times responsible for all actions, direct, indirect and or incidental to and or as a result of access to or use of the My Smart City Platform via the User Account or independently or whether the access was made by yourself or by a third party.

  6. If a User becomes aware of, or suspects Unauthorised use they should contact Acumen Software at support@acumensoft.net for support which may include suspending the User Account, changing Account details and/or password or assisting with providing transaction details as retained on the Acumen Software database.

  7. The User acknowledges that Acumen Software reserves the right to terminate User Accounts that are inactive for periods in excess of 6 months.

9. No Unlawful or Prohibited Use

  1. The User expressly acknowledges and agrees to use the My Smart City Platform solely for lawful purposes.

  2. The User may not, without limitation:

    • use and or perform any action on or through the My Smart City Platform for any unlawful purpose;

    • intercept or monitor, damage or modify any communication which is not intended for use by the User;

    • send any unsolicited commercial communication not permitted by applicable law;

    • expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable;

    • log issues that are not real, do not exist, or that are fraudulent.

  3. The User, further to the above, may not use any part of the My Smart City Platform in any manner that could damage, disable, overburden, or impair any My Smart City platform server, or the network(s) connected to any My Smart City server, or interfere with any other party's use.

  4. Acumen Software has the sole and exclusive right at any time to immediately terminate any service and/or account if it interprets the use of the My Smart City Platform as in any way fraudulent, criminal, unethical, offensive to others, misuse and/or in any other way deemed by Acumen Software as prohibited.

10. User Conduct

  1. The User is solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that you upload, post, publish or display or otherwise transmit or use via the My Smart City Platform and related Services.

  2. You agree to not use the Service to Post, or otherwise transmit any Content that:

    • is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;

    • you do not have a right to transmit under any law or under contractual or fiduciary relationships;

    • infringes any intellectual property or other proprietary rights of any party;

    • constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, or any other form of solicitation;

    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    • in the sole judgment of Acumen Software, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Acumen Software or its Users to any harm or liability of any type;

    • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    • solicit personal information from anyone under the age of 18;

    • harvest or collect contact information of other Users from the Service;

    • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;

    • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    • or violate any applicable local, national or international law, or any regulations having the force of law;

    • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

    • or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

  3. Acumen Software reserves the right to investigate and take appropriate administrative or legal action against anyone who, in s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the User Account of such violators and reporting you to the law enforcement authorities if applicable.

  4. Acumen Software also have the right to remove a User’s profile picture if it is deemed by our administrators to be offensive, harmful to minors, indecent or otherwise objectionable and/or not aligned with the My Smart City public image and values.

11. No Warranties

  1. The My Smart City Platform is provided on an “as is” and “as available” basis. The use of the My Smart City Platform and Services is at the User’s sole risk.

  2. Acumen Software does not make any express warranty regarding the My Smart City Platform and disclaim any implied warranty, including but not limited to, any warranty of merchantability, satisfactory quality, fitness for a particular purpose, uninterrupted use, or that the service will meet your requirements.

  3. Acumen Software cannot and does not guarantee that the My Smart City Platform will always function without disruption, delay or other imperfections and Acumen Software may choose not to provide service to certain countries or calling areas at its sole discretion.

  4. However, Acumen Software shall endeavour to provide the My Smart City Platform with minimum disruption.

  5. The User agree to release, indemnify and hold Acumen Software and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any user content, your connection to the Service, your violation of these Terms of Condition or your violation of any rights of another.

12. Service Suspension/Interruption

  1. Acumen Software is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the My Smart City Platform or any part thereof, without any notice to the User for the repair, improvement, modify and/or upgrade of the service at any time.

  2. Users may not use the My Smart City Platform for commercial use other than the commercial Services offered by the platform. All and any commercial use not deemed as consumer usage will lead to immediate termination of Service.

  3. The User agrees that Acumen Software shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Devices

  1. The My Smart City platform is accessible via Smart Devices with the ability to browse the Services on the internet. To the extent you access the Service through a Smart Device, your wireless service carrier’s standard charges, data rates and other fees may apply.

  2. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your Smart Device’s operating system, carrier, mobile and/or data providers, accordingly not all Services may work with all carriers or Smart Devices.

  3. Users should take this in consideration when the same User Account is loaded on more than one Smart Device and has an obligation to confirm all synchronisation settings is activated between Smart Devices used and that all Services is available on each Smart Device used.

  4. Should a User migrate between Smart Devices while a Service is in progress, Acumen Software cannot be held responsible for any interrupted services, loss of data, and/or any other direct or indirect damages caused to the User or any third party depended on the Service.

14. Limitation of Liability

  1. The User expressly understands and agrees that Acumen Software is not and cannot be held liable for:

    • any equipment failure or modifications;

    • service outages or for service limitations or interruptions;

    • any accidents or incidents which result from the use of the My Smart City Platform or any of its Services by the User or any other person;

    • any direct, indirect, incidental, punitive or consequential damages including inter alia lost profits, other economic loss, death, injuries to persons or property, any losses due to fraudulent behaviour, misuse of information and other criminal activities that are directly, indirectly or coincidently associated with any My Smart City Platform, representation, offer, product or device, provided directly or indirectly, as part of the package (the My Smart City Platform) offered to the User so arising from the use of the My Smart City Platform by the User and the User hereby specifically indemnifies Acumen Software against any claims and or legal actions flowing or resulting from such damages;

    • the My Smart City Platform utilises Google Maps for its location services, including estimated time of arrivals and route optimisations. Acumen Software therefor does not guarantee that location service information supplied via the My Smart City Platform to the User in any of its features and Services are accurate and cannot be held liable and the User hereby indemnifies Acumen Software against any such liability for any direct, indirect and or co-incidental damages suffered by the User or another as a result of usage of the addresses or in the event an incorrect address is provided herein. For further details on the Terms of Service of the Google Maps Platform please refer to their website which should be read in conjunction with this Agreement;

    • Acumen Software offers a next of kin panic button on the My Smart City Platform but does not guarantee that the next of kin will respond to the panic message or that the alert will be delivered to the next of kin;

    • Acumen Software take security and reliability very seriously and do our utmost to make sure our platforms are failsafe, by using high standard products and adhering to the highest industry practices. However, no system is perfectly secure or reliable and in considering that the internet is inherently an insecure medium when you take into account all the third parties involved, as well as limitations associated with your chosen internet provider, wireless carrier or devices used. When you use the My Smart City Platform, you accept these risks and the responsibility for choosing to use a technology that cannot outperform third parties that are used in providing the service.

15. Time & Indulgence

  1. No latitude, extension of time or other indulgence which may be given or allowed by either Party to any other party in respect of the performance of any obligation here under or the enforcement of any right arising from this Agreement is binding unless confirmed in writing, and no single or partial exercise of any right by any Party shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or terms hereof.

16. Applicable Law

  1. This Agreement shall be governed by and be construed in accordance with the laws of the Republic of South Africa, and the Parties hereby agree and submit to the jurisdiction of the South African courts.

17. Fair Usage Policy

  1. The My Smart City Platform is subject to a fair usage limit that gives Acumen Software the right to limit or cancel Services if usage indicates any misuse of the Service, or if the usage differs from average usage and/or reaches the fair usage limits as defined in this document or otherwise communicated by Acumen Software.

  2. If not otherwise stated, all Acumen Software’s Services are subject to Acumen Software ́s fair usage policy as described below. Any use of the My Smart City Platform is subject to the Fair Usage Policy. Acumen Software reserves the right to change the Fair Usage Policy at any time. Changes shall become effective immediately and if you continue to use the My Smart City Platform after such notification has been given, your acceptance will be deemed. All such changes will be published on the My Smart City website (www.mysmart.city) and in force no later than thirty (30) days after such notification. If you have not deactivated the My Smart City Platform during the thirty (30) day period, you will be deemed to have accepted the revised fair usage policy and shall be bound by these terms and conditions. By accepting the Acumen Software Fair Usage Policy you also accept these Terms and Conditions and the Acumen Software End User Software License and Privacy Policy available on our Website www.acumensoft.net.

  3. In the event that there is, or Acumen Software suspects that there is, any fraudulent, criminal activities or misuse of the My Smart City Platform in any way, Acumen Software reserves the right to terminate your access with immediate effect without any prior notice, and without any refund. Acumen Software disclaims any and all responsibilities or liability in relation to content available through the My Smart City Platform or any third part supplier or partner. As a User of the My Smart City Platform, you are solely responsible for all activities while using the My Smart City Platform.

18. Fair Usage Policy Limit

  1. The User acknowledge that Acumen Software may establish general practices and limits concerning use of the My Smart City Platform and related Services, including without limitation the maximum period of time that data or other Content will be retained by Acumen Software’s servers, and the maximum storage space that will be allotted on Acumen Software’s servers on your behalf. You agree that Acumen Software has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the My Smart City Platform.

  2. Acumen Software reserve the right to limit usage of the My Smart City Platform for any User to 10 000 minutes over a 12 month period.

  3. Acumen Software reserves the right to adjust these allowances based on average user behaviour.

19. Privacy Policy 

  1. The My Smart City Platform collects personal information from the User through creating User Accounts and tracking User Account activity. We also use GPS coordinates to provide users with community based services.

  2. Acumen Software treats the protection of personal data and privacy seriously. When using the My Smart City Platform, you are entrusting Acumen Software with your personal and other information. Acumen Software takes all necessary precautions to protect personal information and adheres to the Protection of Personal Information Act 4 of 2013.

  3. Refer to Acumen software’s privacy statement https://www.acumensoft.net/privacy-statement/

20. Reporting My Smart City Platform Privacy Policy Concerns

  1. Concerns regarding the contents of the My Smart City Platform’s Privacy Policy can be reported to privacy@mysmart.city.

21. User Accounts

  1. In the event that a User establishes a User Account on the My Smart City Platform, certain information will be retained such as name, surname, contact details, ID number, account numbers and meta-data. Registration on the My Smart City Platform is possible by using your Google Account or Facebook Account details. Should you use either of these third-party accounts as a basis for your User Account, please refer to their specific Terms of Service / conditions available on the respective websites for additional information.

  2. The My Smart City Platform will link all User information to the relevant unique User Account. This includes information received from all Smart Devices and browsers that the User used to sign in to the My Smart City Platform.

  3. User Account information will only be visible to the User and to the My Smart City Platform.

  4. Certain information relating to issues logged will be made available to other Users of the My Smart City Platform, including Service Providers. Such information will exclude Personal Information.

  5. Safeguarding of User’s login credentials is the responsibility of the User. Acumen Software will not be liable for any misuse of a User Account and associated personal information as a result of the User conveying your login details to a third party.

22. Information Retained by Acumen Software

  1. Account Information: Information required when setting up an Account, such as your name, email address or contact number. The My Smart City Platform will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to create your User Account. This information will be stored for as long as the User Account is active to facilitate providing the services offered by the My Smart City platform.

  2. Additional Information: Information that you choose to share on the My Smart City Platform, including but not limited to username, reports associated with your username, “favourite locations”, issue/fault locations, search queries, files and images that have been uploaded. Payment information can also be added to your User Account.

  3. Communication Information: between My Smart City Platform users or third parties (private service providers) such as chat messages or pin locations will also be stored.

  4. My Smart City Activity: Information will be collected based on the User’s activity within the My Smart City Platform. This includes:

    • features selected by the User which are meant to personalise the user experience;

    • GPS locations;

    • IP address and other information from sensors and receivers on or around your device;

    • your views and interactions with content and ads;

    • your photographic and text descriptions when describing issues/faults/services or events;

    • communication or other content you chose to share with any third party, including My Smart City Users through the Services;

    • your activity on third-party sites and apps that you chose to link to your My Smart City account or that you interact with through the Service;

    • Meta-data (data providing information about one or more aspects of the data; it is used to summarize basic information about data which can make tracking and working with specific data easier).

23. Use of Retained Information

  1. Acumen Software will use stored personal information to send updates, notices, announcements, users’ requests and additional information related to the Services (including through push notifications, email address and SMS).

  2. Personal Information will also be used to conduct surveys and questionnaires.

  3. Subject to your prior approval, email addresses may be used to send you promotional and/or marketing materials. At any time, you may choose not to receive such materials by clicking on the “Unsubscribe” link in the email messages that we may send to you. In any event, My Smart City will not share contact details with any third party, unless explicitly permitted or required by law.

24. Third Party Sites

  1. Subject to your prior approval, email addresses may be used to send you promotional and/or marketing materials. At any time, you may choose not to receive such materials by clicking on the “Unsubscribe” link in the email messages that we may send to you. In any event, My Smart City will not share contact details with any third party, unless explicitly permitted or required by law.

25. Cookies

  1. Acumen software uses cookies and similar technologies on both the website and mobile application.

  2. Cookies allow us to remember your preferences to improve the way our websites and mobile Apps work so that we can personalise your experience.

26. Data Security Plan

  1. Acumen software employs industry accepted standards in securing your personal information on our Site. A request for a copy of our data security plan can be motived by sending an email to info@acumensoft.net

27. Transfer of Data

  1. Data may be transferred to servers located in the UK and South Africa.

28. Data Subjects Rights

  1. As a data subject whose information we hold, you have certain rights which may be exercised by emailing Support@mysmart.city. To process your request we may ask for valid forms of identification for verification purposes.

  2. Your rights are as follows:

    • The right to be informed: As a data controller, we are obliged to provide clear and transparent information about our data processing activities. This is provided by this privacy policy and any related communications we may send you.

    • The right of access: You may request a copy of the personal data we hold about you free of charge. Once we have verified your identity and, if relevant, the authority of any third-party requestor, we will provide access to the personal data we hold about you. If there are exceptional circumstances that mean we can refuse to provide the information, we will explain them. If requests are frivolous or vexatious, we reserve the right to refuse them. If answering requests is likely to require additional time or unreasonable expense (which you may have to meet), we will inform you.

    • The right to rectification: If you believe we hold inaccurate or incomplete personal information about you, you may exercise your right to correct or complete this data. This may be used with the right to restrict processing to make sure that incorrect/incomplete information is not processed until it is corrected.

    • The right to erasure: Where no overriding legal basis or legitimate reason continues to exist for processing personal data, you may request that we delete the personal data. This includes personal data that may have been unlawfully processed. We will take all reasonable steps to ensure erasure.

    • The right to restrict processing: You may ask us to stop processing your personal data. We will still hold the data but will not process it any further. This right is an alternative to the right to erasure. If one of the following conditions applies, you may exercise the right to restrict processing:

      • The accuracy of the personal data is contested.

      • Processing of the personal data is unlawful.

      • We no longer need the personal data for processing, but the personal data is required for part of a legal process.

      • The right to object has been exercised and processing is restricted pending a decision on the status of the processing.

    • The right to data portability: You may request your set of personal data be transferred to another controller or processor, provided in a commonly used and machine-readable format. This right is only available if the original processing was on the basis of consent, the processing is by automated means and if the processing is based on the fulfilment of a contractual obligation.

    • The right to lodge a complaint: Any person may submit a complaint to the Regulator in the prescribed manner and form alleging interference with the protection of the personal information of a data subject.

    • The right to object: You have the right to object to our processing of your data under one of the following conditions:

      • Processing is based on legitimate interest.

      • Processing is for the purpose of direct marketing.

      • Processing is for the purposes of scientific or historic research.

      • Processing involves automated decision-making and profiling.

29. Complaints & Disputes

  1. Acumen Software support and provide the My Smart City Platform and related Services using reasonable skill and care. If a User is not satisfied with the Services delivered, you agree to inform us by sending a complaint to complaints@mysmart.city, and agree to consider and assess the issue in an attempt to resolve your concern and/or complaint.

  2. The following information is to be included in your complaint:

    • Your full names, physical address, telephone number and email address;

    • The location and description of the Service feature which is the cause of your complaint;

    • The problem which is the subject of the complaint;

    • The actions you would like us to take to remedy the problem;

    • A statement confirming that you are making the complaint in good faith;

    • A statement confirming that the information you are providing to us is to the best of your knowledge true and correct; and

    • Please incorporate your signature into the complaint.

  3. The use the My Smart City Platform is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate's Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate's Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court's jurisdiction.

  4. Acumen Software's failure to enforce any provision of this Agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intent thereof, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

30. Severability

  1. If any provision or term of this Agreement, including this clause, shall be held wholly or partly invalid, illegal or unenforceable for any reason whatsoever, then those clauses, provisions or terms shall be deemed severable from the remaining clauses, provisions or terms of this Agreement and shall in no way affect the validity, legality or enforceability of this Agreement.

  2. Furthermore, if any provision of these Terms of Condition is found by a court of competent jurisdiction to be invalid as detailed above, the parties nevertheless agree that the court should endeavour to give effect to the partie's intentions as reflected in the provision.

31. Entire Agreement

  1. These general Terms and Conditions represent the entire Agreement between the User and Acumen Software and supersedes all prior offers, contracts, agreements and representations. The Terms and Conditions supersede all promises made to you by Acumen Software client services agents, representatives or employees.

32. Petitions

  1. Please allow up to 48 hours for our moderators to approve your petition. The My Smart City team reject petitions containing profanity, racial discrimination, slander or inappropriate images and language. Petitions may be reclassified as reports at our discretion, and/or deleted.

33. Booking a Service

  1. These terms and conditions (“Terms”) are applicable to anyone who uses Private Services offering of the My Smart City platform run by Acumen Software (Pty) Ltd (“My Smart City”). These terms are in addition to the My Smart City Terms and Conditions and any other My Smart City policies implemented from time to time. Users are responsible for ensuring they read these Terms carefully before accessing or using the My Smart City platform. My Smart City will assume you have read and understood these Terms should you continue to access or make use of the My Smart City Platform.

  2. Relationship Between the Parties

    • MY SMART CITY PROVIDES SOFTWARE SERVICES AND IS NOT AN AGENT, INTERMEDIARY OR PARTNER OR OTHER ADVISER TO ANY USER. ALL TOOLS PROVIDED ON THE PLATFORM OR AS PART OF THE PLATFORM SERVICES ARE FOR INFORMATION PURPOSES ONLY.

    • Users understand and expressly agree that a service provider is at all times an independent contractor, and is not an employee, partner or agent of My Smart City's in any regard. Each service provider is responsible and liable for their services.

    • Although, My Smart City takes reasonable steps to verify the identity and background of service providers joining the platform, it cannot guarantee the reliability, quality, or suitability of any service provider or their provision of services.

    • Where users decide to engage with the services of a service provider on the platform, they do so of their own volition. My Smart City shall in no way be liable for the conduct of any service provider following a user's engagement with a service provider and use of their services.

  3. Nature of service

    • My Smart City is a platform which operates as a marketplace allowing users to search through various service providers who provide their private services directly to users.

    • All service providers are independent contractors of My Smart City.

  4. User warranties

    • Users warrant and agree:

      • to treat service providers courteously and lawfully;

      • to provide a safe working environment for service providers

      • to provide reasonable co-operation with service providers for the supply of services;

      • to submit any complaints to My Smart City in writing and not to any service provider directly and thereby comply with My Smart City’s complaints provision below and other policies;

      • to acknowledge service providers may be unavailable from time to time due to illness and/or other lawful reasons;

      • not to book any service provider outside of the My Smart City platform. Any user found guilty of violating this warranty shall be liable for a fee of approximately R 1 250 (one thousand two hundred and fifty Rand) excluding VAT due and payable within 7 (seven) days following the unscheduled appointment;

      • not to contact, canvass or solicit for direct or indirect employment any service provider for a period of 6 (six) months following a user’s termination of their use of the My Smart City platform. Provided that nothing in these Terms shall prohibit any genuine offer of employment when made in response to a general advertisement for the same.

  5. Payment terms

    • The purchasing of private services by a user will attract a fee to be charged by My Smart City and to be paid by the user.

    • Once a service provider is selected by a user My Smart City’s hourly rate for the service requested will be displayed to the user on the platform (“Fee”).

    • An order placed by a user on the platform is considered an offer to be accepted. An order is only accepted and confirmed as such when an email is sent to the user confirming their order and the appointment

    • The Fee for any service shall be due prior to the requested service date to confirm a user’s appointment.

    • My Smart City reserves the right to establish, remove and/or revise any fees for any or all services obtained through the use of the platform at any time in My Smart City’s sole discretion. My Smart City will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees properly incurred through the platform.

    • All amounts stated shall include Value Added Tax (“VAT”) where applicable and will be inclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction.

    • Users that seek to utilize the platform and services on a repeated basis may authorise My Smart City to create a recurring payment scheduled to deduct the requisite Fee after the end time for the previous appointment.

    • To obtain a full record of your payments for any transaction/s conducted via the platform, please contact jade.bertels@acumensoft.net who will gladly assist.

  6. Credits, Vouchers, Promotions and Discounts

    • My Smart City may from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the platform and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the platform or the fees applied to you.

      • Where a user receives any credit, voucher, or discount from My Smart City they understand and agree that such credit, voucher, or discount:

        • is not transferable or assignable to any person;

        • must be redeemed in accordance with the instructions and timeframe provided by My Smart City;

        • must only be used on the platform with a valid My Smart City account

        • is only valid for referrals to users who do not have a My Smart City account;

        • must not be abused in any manner;

    • There may be promotions with specific terms and conditions applicable to those promotions.

    • General coupon rules:

      • only one coupon shall be issued per user and/or per residence;

      • any coupon provided shall be set off against the value of the order booked;

      • My Smart City takes no responsibility if coupon cannot be applied by a user;

      • where a user cancels their booking they automatically forfeit their coupon

    • Referral Rules:

      • referral discount codes are only redeemable on platform

      • a referral code can only be used by friends or family;

      • referral discounts cannot be used to buy vouchers or credit on the platform

  7. Cancellations

    • All appointments and the cancellation and/or rescheduling thereof shall be subject to the My Smart City Cancellation and Rescheduling policies.

  8. Liability

    • My Smart City, its shareholders, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the platform, other users thereon, and/or transactions or actions resulting therefrom, including a user’s use of any service provider in any way.

    • My Smart City, its shareholders, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of services on the platform, and access to, or use of, the platform in any manner.

    • The user indemnifies and holds harmless My Smart City, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with the user’s use of the platform or services offered or concluded through the platform in any way.

    • The user agrees to indemnify, defend, and hold My Smart City harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the platform and/or the services thereon and for breach of these Terms.

  9. Data Processing and Disclosure

    • Your use of the platform constitutes your express consent for us to process your personal data. Further, we also rely on our contract of service with you as service provider and/or user to process your data (a lawful ground to process your data other than express consent).

    • Users and service providers understand and agree that in order to provide them with our services we need to share their data with third party service providers who assist us to perform our services. Users and service providers therefore expressly agree to the sharing of their personal data with our authorised third-party service providers to ensure they have the best experience on the My Smart City platform.

    • My Smart City warrants that all information shall be processed (by My Smart City and/or third-party service providers) in accordance with the Protection of Personal Information Act 4 of 2013, the United Kingdom’s Data Protection Act, 2018, and the EU’s General Data Protection Regulation, 2017.

  10. Complaints

    • Where any user is unsatisfied with the service they have received they may submit a complaint to My Smart City via the platform.

    • My Smart City will thereafter assess the user’s complaint, and where necessary offer credit to user for the purchase for further services on the platform.

    • My Smart City will consider complaints which relate to poorly completed tasks and/or not completed tasks by service providers.

    • My Smart City shall not consider complaints where a service does not violate these Terms and is reported after a period of 72 (seventy-two) hours following the date of the appointment.

  11. Insurance

    • My Smart City works with various partners in the insurance industry and offers users the option of including opt-in insurance for certain services booked on the platform.

    • All insurance policies are provided by authorised financial service providers and shall be subject to the insurance providers terms and conditions.

    • Any claim submitted by a user shall be processed by My Smart City’s authorised broker, for which My Smart City shall have no further obligation or association thereafter.

  12. Dispute Resolution

    • Should any dispute, disagreement or claim arise between a user and My Smart City concerning use of the platform or the services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

    • Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.

    • Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation. They may also use the services of any arbitration body for the purposes of arbitration proceedings.

    • The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

34. Contact Us

  1. Any comments or queries related to this privacy policy should be directed to Support@mysmart.city. Queries to the Data Protection Officer can be made to the same email address and will be forwarded accordingly.

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