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Introduction
Welcome to SmarkAfrica.com (the “Site”), operated by Smark Africa Ltd. (“we,” “us,” or “our”). By accessing or using the Site, you agree to comply with and be bound by these Terms of Use (“Terms”). If you do not agree, do not use the Site.
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Acceptance of Terms
By using the Site, you confirm that:
• You are at least 18 years old (or the legal age of majority in your jurisdiction).
• You agree to these Terms and our Privacy Policy.
• You will comply with all applicable laws and regulations.
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Modifications to Terms
We reserve the right to update these Terms at any time. Changes will be posted here with a revised effective date. Continued use of the Site after changes constitutes acceptance.
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Use of the Site
*Permissions:*
• Access and use the Site for lawful purposes only.
*Restrictions:* You agree *not* to:
• Violate any laws or third-party rights (e.g., intellectual property).
• Use automated tools (e.g., bots, scrapers) without our consent.
• Disrupt the Site’s security, servers, or networks.
• Post harmful, abusive, or fraudulent content.
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User Accounts
• *Registration:* Certain features require account creation. You must provide accurate information and keep credentials secure.
• *Liability:* You are responsible for all activities under your account. Notify us immediately of unauthorized use.
• *Termination:* We may suspend or terminate accounts for violations of these Terms.
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Intellectual Property
• *Ownership:* All content (text, graphics, logos, software) is owned by us or licensed partners and protected by copyright, trademark, and other laws.
• *Limited License:* You may access and use the Site for personal/non-commercial purposes only. No reproduction, distribution, or modification without prior written consent.
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Payments & Subscriptions
• *Fees:* Paid services (e.g., subscriptions, products) are subject to pricing and terms disclosed at checkout.
• *Payment Processing:* Third-party gateways (e.g., Stripe, PayPal) handle transactions. We are not responsible for payment errors or fees.
• *Refunds:* Refund policies (if any) will be stated at purchase.
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User-Generated Content
• *Responsibility:* You retain ownership of content you submit (e.g., reviews, comments) but grant us a non-exclusive, royalty-free license to use, modify, and display it.
• *Prohibited Content:* Do not submit content that is illegal, defamatory, or infringes third-party rights.
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Termination
We may terminate or restrict your access to the Site at any time, for any reason, without notice.
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Disclaimers
• The Site is provided “as is” and “as available.” We disclaim all warranties, express or implied (e.g., accuracy, availability, fitness for a purpose).
• We do not guarantee uninterrupted, error-free, or virus-free service.
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Limitation of Liability
To the maximum extent permitted by law, we are *not liable* for:
• Indirect, incidental, or consequential damages (e.g., lost profits, data loss).
• Third-party conduct or content.
• Errors, interruptions, or technical failures.
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Indemnification
You agree to indemnify and hold us harmless from claims, damages, or losses arising from your breach of these Terms or misuse of the Site.
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Governing Law & Disputes
• *Jurisdiction:* These Terms are governed by the laws of the United Kingdom.
• *Dispute Resolution:* Disputes will be resolved through arbitration or courts in the United Kingdom, unless prohibited by law.
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Third-Party Links
The Site may link to third-party websites. We are not responsible for their content, policies, or practices.
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Force Majeure
We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, pandemics, cyberattacks).
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Miscellaneous
• *Severability:* If any provision is unenforceable, the remaining Terms remain valid.
• *Waiver:* Our failure to enforce a right does not waive that right.
• *Contact:* For questions, email [admin@smarkafrica.com]
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This document is a template. Consult a legal professional to ensure compliance with local laws and business needs.
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