Terms & Conditions

2016-03-31

Introduction

By visiting our website and/or making use of our services and/or platforms, you accept our terms and conditions and to be bound by it. If you do not accept and agree with our terms and conditions unconditionally you will have no right to make use of any of our services and/or platforms. The terms and conditions should be studied in conjunction to our privacy policy, more information and FAQ’s.

The following terms: “subscriber”, “you”, “your”, “user”, “authorized user”, “client” etc refer to the person with access and permission to make use of Social Media Machine platforms and/or services. If you manage an account on behalf of a company/employer you represent and warrant that you bind the company and/or employer to the terms and conditions of Social Media Machine.

Social Media Machine have the right to add, remove, update and change any of the terms and conditions regarding but not limited to the use, rights, fees and charges associated with Social Media Machine website, services and/or platforms. These changes can be made at any time at our discretion. The latest update of our terms and conditions will be indicated on the top-left corner of the terms and conditions page as published on the Social Media Machine website. If these changes have a substantial impact on the services and/or platforms we will inform our clients, in our sole discretion. The continued use of Social Media Machine services and/or platforms by you and/or your authorized user, after the changes to terms and conditions have been published, will establish your approval to all these changes. It is your responsibility to read and update yourself with the latest issue/version of our terms and conditions.

No warranties

Social Media Machine does not make any representations and/or warranty for the purposes of this website and/or any information and content provided shown or displayed on this website at all.

Without prejudice to the generality of the foregoing paragraph, Social Media Machine does not warrant in any way that:

  • This website will always be available or that it will be available at all.
  • The content of Social Media Machine is complete, true, accurate or not misleading.

Social Media Machine does not provide any advice.  Should you need advice on any topic, you may consult an expert in the specific area.

Non-exclusive

You agree that the rights granted to you within this agreement are non-exclusive and will not in any way limit, restrict or prohibit our right to licence, sell or in any other way make available our platforms and/or services to any third party.

Limitations of liability

Social Media Machine, their agents, staff, workers, affiliates, owners, contractors or sub-contractors will not be liable to you or any other entity, person, company or organisation (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website, any agents, suppliers or any other service providers:

  • 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 Social Media Machine:

  • Has been expressly advised of the potential loss and/or risk.
  • Install software or third party software on your domain/website.
  • Post to your social media profiles and/or website directly or indirectly using manual, automated or any other methods.
Updates and Functionalities.

Social Media Machine may update the platforms and/or services that can result in changes of the appearance and/or functionality of our products, platforms or services, including but not limited to the following:

  • Inclusion of new/updated functionality and/or services
  • Modification of platforms and/or services
  • Removal of functionality and/or services
  • Changes in features
  • Changes in content
  • Changes in the layout and/or user-interface
  • Changes in the pricing or cost (Subscription) of using it

In the case where a platform and/or service is replaced with a complete new platform and/or service, Social Media Machine will initially implement, configure and maintain at its own cost and provide vital updates, fixes and improvements to the platform and/or service, in its own discretion.

Our platforms constantly interact with several supported social media networks and platforms and are highly dependent on the access and availability thereof. If one or more of the supported platforms change their accessibility or availability to Social Media Machine we can at any time stop the use of their networks without compensation to our clients.

Collecting & using personal information

Social Media Machine may collect personal information when you visit our website and/or make use of our platforms and services. The information (like your domain name, browser type and version, device, ISP, IP address and social media login details) both personal and non-personal will be added to our database.

The information gathered is primarily used to guide us in the development of our website, services and platforms that give us insight of how our website and platforms are used. This information assist us in problem solving of technical issues that may occur.

Social Media Machine requires personal information to set up, upgrade or edit your social media machine account and to configure your social media networks on our platform for our registered clients. By registering a social media machine account you give us permission to send you information regarding improvement and/or changes of our products and/or services and promotional information via email.

Social Media Machine may collect and use the following kinds of personal information:

  • Any information both personal information and non-personal information about you, any other persons and/or businesses;
  • Any information about your use of this website;
  • Any information that you provide using for the purpose of registering with the website;
  • Any information about transactions carried out over this website;
  • Any information that you provide for the purpose of subscribing to the website services;
  • Login details to post to your social media networks;
  • Login information to create social media accounts on your behalf; and
  • Any other information that you send to Social Media Machine.

Social Media Machine may use the information gathered to improve our products and services. The information will be used in the validation process for the setup of your Social Media Machine profile and social media networks, or in the case where customer support is needed.

Social Media Machine may use your personal information to:

  • Administer this website;
  • Personalize the website for you;
  • Enable your access to and use of the website services;
  • Publish information about you on the website;
  • Send to you products that you purchase and/or subscribed for;
  • Supply to you services that you purchase and/or subscribed for;
  • Send to you statements and invoices;
  • Collect payments from you;
  • Login details to post to your social media networks;
  • Login information to create social media accounts on your behalf; and
  • Send you marketing communications.
  • Send you any information that you may need to use the platform, products or services you subscribed for.

Where Social Media Machine reveals your personal information to their agents, staff, workers, affiliates, owners, contractors or sub-contractors in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Social Media Machine may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Termination of contract

Social Media Machine have the right to suspend your account for our platforms and/or services, at our discretion, at any given time for any form of contract violation, abusive practices and other actions that can create risk or lead to any form of legal exposure for Social Media Machine, their agents, staff, workers, affiliates, owners, contractors or sub-contractors and/or our clients. We have the right to decline and/or remove any content at our discretion.

In the case of termination of your account, all access to our platforms and/or services will be stopped and you will not have any right to continue use thereof and all outstanding payments to Social Media Machine must be made.

Terms of use

All information that you sent to Social Media Machine is in compliance with the “POPI Act” and that you have the permission from the legal owners of any information that you send to us.

By using our platforms and/or services you acknowledge that you are responsible for the following:

  • You and/or your authorized user comply with our terms and conditions.
  • The accuracy, integrity and legality of the content that you publish as well as the means in which you acquire such content.
  • To validate and approve all information that are posted to these websites and/or social media networks, accounts and profiles and that you agree that we cannot be held responsible for any of such information even if posted by Social Media Machine, their agents, staff, workers, affiliates, owners, contractors or sub-contractors.
  • Prevent unauthorized access to your Social Media Machine account by keeping your login credentials confidential.
  • All activity on and from your Social Media Machine profile
  • If you find that there are any form of suspicious activity on your profile that may be caused by a breach, it is your responsibility to contact us immediately and notify us with your concern.
  • Use the platform according to the law, the rules of the social media networks and as stipulated in our documentation including the terms and conditions.
  • You may not make the service available to any users other than your authorised user.
  • You may not advertise anything other than your registered brands, products and/or services, unless you have written permission from the owners of Social Media Machine.
  • You may not allow multiple users the authority to make use of your Social Media Machine profile, unless you have written authorisation from the owner of Social Media Machine.
  • You may not sell or trade your Social Media Machine profile/account.
  • You may not publish, upload or store any content that is harmful in any way or that can potentially violate the rights of any person, company or organisation.
  • You may not use our platforms and/or services to publish, upload or store any form of spam, scams or any form of criminal activity.
  • You may not upload, transmit or store any data file, software or links that contains or redirect to any form of potentially harmful programs, copies of software, viruses, worms or any other harmful or illegal components.
  • You are not allowed to reverse engineer, modify, hack or disrupt the platforms, services, software or performance of Social Media Machine in any way.
  • You are not allowed to access our platforms and/or services in order to build or copy ideas, elements and other features for the creation of competitive platforms, products or services.
  • You may not attempt to gain unauthorised access to our platforms and/or services.
  • You may not permit or encourage any third party person, company or organisation to break any of the above mentioned agreements.
Intellectual Property

Social Media Machine holds all rights/titles in and to any of our platforms and/or services. Any intellectual property, title, interest and rights are reserved to Social Media Machine.

Your suggestions, comments and feedback (via email communication) are welcome with regards to our platforms and/or services. These communications holds no confidentiality obligation to Social Media Machine.

Third Party Services/Websites

Social Media Machine interact with third party services to extend functionality of our platforms and/or services and for a secure payment gateway. When you access third party services and/or websites you will do so at your own risk. Any interaction with such third party services will be in compliance to their terms and conditions and are not governed by the terms and conditions of Social Media Machine. Any transactions and/or contracts of any kind that take place on any third party services/websites are between you and the third party only, and not in any way with Social Media Machine. We do not represent nor have any liability or obligation in any way with regards to content or correspondence with any such third party activities.

Mentions

By using our platforms and/or services you, your authorised user and/or your company may be exposed to unwanted mentions, these mentions may be posted on social media networks and/or on the internet. Such mentions are not controlled by us, nor is it our responsibility even if such mentions are posted by clients of Social Media Machine.

Social Media Machine do not control, review or remove such content created by our clients even if requested, unless we decide to take action in our sole discretion.

Your use of mentions on or by using your Social Media Machine profile is your responsibility and risk, you will be liable for any content that you post – Social Media Machine will not be liable in any way with regards to mentions in any form whatsoever.

Exceptions

Nothing in the terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the terms and conditions will exclude or limit Social Media Machine’s liability in respect of any:

  • death or personal injury caused by Social Media Machine’s negligence;
  • fraud or fraudulent misrepresentation on the part of Social Media Machine; or
  • Matter which it would be illegal or unlawful for Social Media Machine 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 that we are reasonable, you must not use this website or any of our platforms, products and/or services.

Other parties

You accept that, as a limited liability entity, Social Media Machine has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Social Media Machine’s officers or employees in respect of any losses you suffer in connection with the website.

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

Unenforceable provisions

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