Date of last update: 3 August 2026

By accessing and using this website, the user consents to the terms of use by SmartStart Early Learning (RF) NPC on the basis set out in this policy. If the user does not consent, the user must immediately stop accessing and/or using this website.

1. Acceptance of These Terms of Use

1.1  These Terms of Use govern your access to and use of the SmartStart Early Learning (RF) NPC website at smartstart.org.za (the “Website”), including any related content, features, and services.

1.2  By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website.

1.3  These Terms of Use should be read together with SmartStart’s Privacy Policy, which explains how SmartStart collects, uses, and protects your personal information.

2. Digital Communications Channels

2.1  SmartStart uses a variety of digital communications channels to engage with users in the network. WhatsApp is one of our most preferred digital communications channels.

2.2  All SmartStart WhatsApp Business accounts are managed by SmartStart directly. SmartStart utilises WhatsApp, which allows our users to engage with the organisation, and with agents from the customer care, complaints, and registration centre and other departments in real-time.

2.3  While using the SmartStart Digital Communications Channels, you are hereby agreeing to the terms and conditions set out herein. If you do not agree with these Terms and Conditions, you should immediately terminate your use of this service.

2.4  Subject to the provisions set out in POPI, SmartStart’s Privacy Policy, and as prescribed in RICA or other applicable laws, through the use of this service you explicitly provide consent to SmartStart to perform any of the following activities:

• Monitor any communications/transmissions sent or received by you when using this service to protect their rights, ensure that systems are run efficiently, or to comply with any requests from competent authorities or courts.
• Monitoring of communication may include, but is not limited to:
  • Inception, locking, filtering, reading, deleting, disclosing, and usage of communications sent or posted via SmartStart or third-party systems;
  • Collection of data relating to your use of the digital communications channel for the purpose of analysing, reporting, and service quality assessment and research;
  • Sharing your personal information for the purposes of providing you with the service.

2.5  Through your continued use of this service, you acknowledge that neither SmartStart nor its partners will be liable to you or any third party for any losses, liabilities, damages, claims, and/or any related costs and/or any expenses suffered by you as a result of SmartStart and/or its partners performing any activity referred to in this section.

3. Use of the Website

3.1  You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

• use the Website in any way that breaches any applicable local, national or international law or regulation;
• use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material;
• attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• introduce any viruses, trojans, worms, or other material which is malicious or technologically harmful; or
• use any automated system, including “robots,” “spiders,” or “offline readers,” to access the Website in a manner that sends more request messages than a human can reasonably produce.

4. User-Generated Content

4.1  The Website may allow you to post comments, reviews, replies, or recommendations (“User Content”).

4.2  Any User Content you post must not be unlawful, defamatory, obscene, threatening, or infringe the rights of any third party.

4.3  By posting User Content, you grant SmartStart a non-exclusive, royalty-free licence to use, reproduce, and display that content in connection with the Website.

4.4  SmartStart reserves the right to remove any User Content that it considers, in its sole discretion, to breach these Terms of Use.

5. Intellectual Property

5.1  All content on the Website, including text, graphics, logos, images, and software, is the property of SmartStart or its licensors and is protected by South African and international intellectual property laws.

5.2  You may view, download, and print content from the Website for your own personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works from any content on the Website without SmartStart’s prior written consent.

5.3  “SmartStart” and the SmartStart logo are trademarks of SmartStart Early Learning (RF) NPC. You may not use these marks without SmartStart’s prior written permission.

6. Linked Third-Party Websites

6.1  The Website may contain links to third-party websites. These links are provided for your convenience only.

6.2  SmartStart has no control over, and accepts no responsibility for, the content, privacy policies, or practices of any third-party websites.

7. Disclaimer of Warranties

7.1  The Website and its content are provided “as is” and “as available,” without any warranties of any kind, whether express or implied.

7.2  SmartStart does not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

7.3  To the fullest extent permitted by law, SmartStart disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

8.1  To the fullest extent permitted by law, SmartStart shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of, or inability to use, the Website.

8.2  Nothing in these Terms of Use limits or excludes SmartStart’s liability for fraud, or for any liability that cannot be limited or excluded under South African law, including under the Consumer Protection Act 68 of 2008, where applicable.

9. Indemnification

9.1  You agree to indemnify and hold harmless SmartStart, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of your breach of these Terms of Use or your use of the Website.

10. Changes to These Terms of Use

10.1  SmartStart reserves the right to amend these Terms of Use at any time. Amendments will be published on the Website and will take effect from the date of publication.

10.2  It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following any changes will be considered acceptance of those changes.

11. Governing Law and Jurisdiction

11.1  These Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

11.2  Any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of South Africa.

12. Contact

12.1  If you have any questions about these Terms of Use, please contact us at hello@smartstart.org.za.