Terms & Conditions

SMART KIDS GENERAL TERMS OF USE

  1. Overview


1.1. Welcome to Smart Kids. We provide an online platform through which we offer our users access to interactive flash games (“Games”). The Games, our website, all related content and any other features, functionalities, applications, materials, or other services offered from time to time by Smart Kids in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “Smart Kids Services”)


  1. Acceptance of the Terms of Use


2.1. The use of the Smart Kids Services is available only to persons who can form legally binding contracts under applicable law in Republic of South Africa. Persons who are incompetent to contract within the meaning of the law are not eligible to use the Smart Kids Services. Without prejudice to the generality of the above, no person under the age of 18 may use or access the Smart Kids Services or the Games or attempt to enter into any transactions on our website.


2.2. These terms of use, which include our [Privacy Policy], as may be amended or altered by Smart Kids (“Terms of Use”), govern your use of the Smart Kids Services. Your access or use of the Smart Kids Services including this website constitutes a legally binding agreement with [Opportune Trading Pty LTD] (hereinafter referred to as “Smart Kids”, which expression shall, unless repugnant to the context, mean and include all their affiliates, administrators, representatives, agents, legal heirs and assigns) to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use or access the Smart Kids Services.


2.3. Please note that to access or play certain Games, you may be required to accept the terms and conditions of use of such Games. Please note that any such terms and conditions agreed to between you and the licensor of such Game, shall apply in addition to the Terms of Use hereunder and such terms of user shall not in any manner limit, restrict, waive or substitute these Terms of Use.

3. Changes to Terms of Use

3.1. Smart Kids reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use in will be effective from ten days or such other reasonable time specified when notice of such change is posted. Your continued use or access of the Smart Kids Services after any such changes constitutes your acceptance of the new Terms of Use.

  1. Privacy and Communications Preferences

4.1. Any information submitted through the Smart Kids service, including personally identifiable information, is subject to the terms of our [Privacy Policy].

4.2. By using or accessing the Smart Kids service, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from Smart Kids; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from Smart Kids in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from Smart Kids regarding Smart Kids services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications

  1. Ownership of Intellectual Property

5.1. Smart Kids, its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the Smart Kids Services and the Games, including all information, design, objects, characters, names, stories, dialogues and catch phrases, concepts, layout, text, graphics, logos, designs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.

5.2. The Smart Kids Services including the website, the look and feel of the website, the presentation of the Games, user interface, game history, scores and social interaction features are the sole and exclusive property of Smart Kids.

5.3. “Smart Kids” and “Opportune Trading” are registered trademarks of Opportune Trading (Pty) Ltd. The Smart Kids logo, gamesworld.co.za, are used as trademarks or service marks of Opportune Trading. The Smart Kids website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Opportune Trading. The trademarks, service marks and trade dress of Smart Kids may not be used or reproduced without prior written approval from Smart Kids and may not be used in connection with any product or service that is not affiliated with Smart Kids, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Smart Kids, or in any manner that disparages or discredits Smart Kids POD. Other trademarks that appear on the Smart Kids website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smart Kids. Any images of persons or personalities contained on the Smart Kids website and user interfaces are not an indication or endorsement of Smart Kids or any particular product or our service unless otherwise indicated.

  1. Limited License

6.1. Smart Kids grants you a temporary, non-exclusive, non-transferable, conditional, limited right to access, interact and play the Games for your personal, non-commercial use, subject to the conditions provided below, during the period during which you are bound by these Terms of Use. You shall have no right or interest in the Smart Kids Services or the Games other than as expressly provided herein.

6.2. Your limited license as provided is subject to the following conditions: (i) The Games may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without Smart Kids prior written permission, except as expressly permitted by the limited license; (ii) You may not may not create any derivative works from the Games or Smart Kids Services (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Games or Smart Kids Services on any internet, intranet or extranet site or incorporate the Games or any related content or data in any other database or compilation; (iii) You may not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the Smart Kids Services or any of the Games; (iv) Except as may be expressly permitted by Smart Kids, you may not use cheats, automations, hacks, bots, trainers, exploits or any unauthorized third party software designed to interfere with Smart Kids Services while accessing any of the Opportune Trading Services; (v) You may not solicit, communicate regarding or offer any commercial services or activity in relation to any of the Games, including trading of any virtual items or scores, services including power-levelling, gold-mining, item collection, etc. (vi) You may not create or permit the reverse engineering or emulation the Games in any manner; (vii) You may not use the Games or the Smart Kids Services for any purposes competitive with or derogatory to Smart Kids and you may not associate the Smart Kids Services or the Games with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights; (viii) You shall not directly or indirectly, through any means (including through providing any tools, code, scripts or other assistance) whatsoever, permit, abet or assist any access or use of the Smart Kids Services or the Games in a manner not expressly provided or permitted herein; and (ix) This limited and conditional license may be revoked at any time by Smart Kids.

  1. The Use of Smart Kids Services

7.1. Access to the Games is provided on an “as is” basis by Smart Kids. All creative content incorporated or comprising the Games and all representation of any persons, characters, communities, locations, events or objects are fictional and are not based on any historical, present or future person, character, community, location, event or object.

7.2. Due to their interactive nature, it is possible person may use or implement the game mechanics, characters, images, sounds, visualizations or other content, to create unintended images, messages or representations. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Smart Kids Services are those of the respective authors or producers and not of Smart Kids, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Smart Kids, or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Smart Kids service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Smart Kids service.

7.3. We do not warrant that the Games shall function in accordance with the rules of such games or that objectives within the Games can be completed in accordance with or that characters within the Games shall perform in accordance with such rules. All images, videos and presentations used for the promotion of the Games are merely representative and we do not warrant that you will be able to experience/perform such content/actions within the Games.

7.4. The use of the Smart Kids Services and access to the Games are subject to you having the necessary hardware, software and network resources as listed under our [System Requirements].

7.5. We disclaim all warranties in relation to the Smart Kids Services and the Games. Please read paragraph 11 of these Terms of Use for our detailed disclaimer. In addition to the disclaimer of warranties therein, we do not guarantee that access to the Smart Kids Services or the Games shall be error free. Your access to the Smart Kids Services or the Games and the quality of your use of the same shall be contingent on various factors outside the control of Smart Kids, including the network resources used by you. Smart Kids Services may be bandwidth intensive. We are not responsible for any costs that you incur while attempting to access the Smart Kids Services or the Games, including payments towards internet and broadband access or any additional expenses incurred by you including charges imposed by your network service provider for 3G/or roaming access.

7.6. Opportune Trading does not make any representation that the Smart Kids Services are permissible or legal under the applicable law of your jurisdiction. You are to access the Smart Kids Services only if it is permitted under the applicable law if your jurisdiction and by using and accessing the Smart Kids Services you represent that you are permitted by the applicable laws of your jurisdiction to access and use the Smart Kids Services.

7.7. From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

  1. Membership and Features

8.1. Membership: Some of the features of the Smart Kids Services and some of the Games are made available to our unregistered users while certain of the features of the Smart Kids Services and the Games are available only to our registered members. To become a registered member, you will be required to provide certain personal information. Please refer to our [Privacy Policy] to see how we treat the personal information collected from you and please see paragraph 9 of these Terms of Use for more information regarding the third-party payment gateway.

8.2. Credits: We may also permit you to purchase credits for accessing certain Games, services or certain content relating to the same (“Smart Kids Credits”). The criteria and terms of use of such Smart Kids Credits shall be in accordance with the instructions as published by Smart Kids from time to time. We reserve the right to modify, terminate or otherwise amend the terms in accordance to which such Smart Kids Credits may be used. Please note that Smart Kids Credits are not redeemable for money.

8.3. Account Information and Security: When creating your account, you must provide accurate and complete information. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Smart Kids ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate Smart Kids for any losses arising out of them. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency. In order to provide you with ease of access to your account and to help administer the Smart Kids service, Smart Kids implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Smart Kids service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

8.4. Membership Cancellation: You may cancel your Smart Kids membership at any time. We do not provide any monetary refunds for any Smart Kids Credits.

8.5. Change of Features and Games: Smart Kids reserves the right to change, supplement, alter or remove any of its features or Games as it deems fit and a paid membership does not guarantee continued access to such features.

8.6. Advertisements: Some of the services, facilities or features of the Smart Kids Services are supported by advertising revenue and the Smart Kids Services may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the website, queries made through the Smart Kids Services or other information. The manner, mode and extent of advertising by Smart Kids through the Smart Kids Services are subject to change without specific notice to you. Smart Kids takes no responsibility for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Smart Kids Services are between you and the advertiser, and you agree that Smart Kids shall not liable for any loss or claim that you may have against an advertiser.

8.7. Promotional Offers: Smart Kids may from time to time, offer certain additional features or discounted access as promotional offers, free of cost or at discounted rates to its users. Such promotional offers are offered by Smart Kids on an “as is” basis without any warranty or obligation regarding such promotional offer, unless expressly provided otherwise. No promotional offer shall be deemed to imply any obligation on Smart Kids to continue offering such or similar promotional offers. Any promotional offer made available by Smart Kids may not be combined with any other offers.

8.8. Interactive Areas: We permit you to post reviews of Games, compare scores, participate in multiplayer games through the Smart Kids service. We do not make any warranties regarding your online experience or interaction with other users during multiplayer games. We do not regularly select or review the content posted on or interactions made through the Smart Kids website or the Smart Kids services; however, we reserve the right to reject, remove or edit such content at anytime without notice. You may not transmit through the Smart Kids Services, any content that is unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.

8.9. Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. Smart Kids retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.

  1. Billing and Payment

9.1. We use a third-party payment gateway to process billing made to Smart Kids, for Vodacom customers only. Other than providing a confirmation upon receipt of payment against a membership account, Smart Kids disclaims any and all liabilities in relation to your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to party payment gateway service provider. While using such payment gateways to make payments to Smart Kids, you will be required to accept the terms of use and privacy policies of such payment gateway service provider. We request you to please make yourself familiar with the terms of use and privacy policies of your respective payment gateway service provider before using such service.

  1. Role of Smart Kids as in Intermediary

10.1. We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us is being used to commit an unlawful act, we are required to remove or disable access to such material.

10.2. If you believe your work has been reproduced or distributed through the Smart Kids Services in a way that constitutes copyright infringement or are aware of any infringing material available through the Smart Kids Services or if you have tangible and conclusive information that any of the material made available through Smart Kids is illegal, please notify us through email at: cc@viamedia.co.za


10.3. The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the Smart Kids Services and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the Smart Kids Services.

  1. Disclaimers of Warranties and Limitations on Liability

11.1. The Smart Kids Services, including our website and user interfaces, and all Games and software associated therewith, or any other features or functionalities associated with the Smart Kids Service, are provided “as is” and “as available” with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the Smart Kids Services, our website and user interfaces, and all Games and software associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

11.2. Smart Kids POD assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the Smart Kids Services. Smart Kids does not make any warranty that the Smart Kids Services or the Games will meet your requirements, or that the Smart Kids Services or the Games will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.

11.3. You expressly agree that use and access of the Smart Kids Services, including all Games, data or software distributed by, downloaded or accessed from or through the Smart Kids Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Games, data and/or software.

11.4. We do not make any representations with respect to the contents and composition of the Games from the Smart Kids service or the descriptions of any game or related content contained on our website and user interfaces. We do not endorse, condone, support or make any warranties regarding accuracy or completeness of any statements, representations, advice, views or opinions contained in any of the Games or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Games or advertisement are solely responsible for the same.

11.5. Smart Kids assumes no responsibility for any damages suffered by you, including, but not limited to, loss of data from delays, non-deliveries of Games or email, errors, system down time, mis-deliveries of Games or email, network or system outages, file corruption, or service interruptions caused by the negligence of Opportune Trading, its affiliates, its licensors, or your own errors and/or omissions. Except as provided under the [Privacy Policy], Smart Kids disclaims any warranty or representation that confidentiality of information transmitted through the Smart Kids Services will be maintained. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Smart Kids or its affiliated parties.

11.6. Smart Kids may provide the Smart Kids Services, links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the Smart Kids Services. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Smart Kids makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that Smart Kids, its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Smart Kids.

11.7. The disclaimers provided herein are supplementary to the [Legal Disclaimer] and neither shall substitute or limit the other.

11.8. IN NO EVENT SHALL SMART KIDS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE SMART KIDS SERVICES, EVEN IF MY WOLRD PLAY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

  1. Indemnity

12.1. You undertake to indemnify, defend and hold harmless without limitation, Smart Kids, its affiliates and its licensors from any actual or alleged loss, damage or claim arising from or related to any breach of any of the terms, conditions or provisions of these Terms of Use.


  1. Other Terms

13.1. Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Smart Kids may also impose limits on certain features and services or restrict your access to parts or all of the Smart Kids Services without any notice or liability.

13.2. External Links to this website: All links to the website must be expressly approved in writing by Smart Kids and shall be subject to the following conditions: (i) the link is a text-only link containing only the name “[Smart Kids]”and directs only to [http://www.gamesworld.co.za] and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Smart Kids nor be such as to damage or dilute the goodwill associated with the name and trademarks of Smart Kids, its affiliates or licensors; and Smart Kids reserves the right to revoke or alter the terms of such consent to link at any time in its sole discretion.

13.3. Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside

13.4. Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of South Africa without regard to conflict of law’s provisions. Smart Kids makes no representation that the Smart Kids Services or the Games provided is appropriate or available for use outside South Africa. You are not to access or use this website from a jurisdiction which restricts you from accessing this website.

13.5. Severability: If any part of these Terms of Use is held illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed separable from the remaining parts of these Terms of Use and shall not affect or impair the validity of enforceability of the remaining provisions of these Terms of Use. If any part of these Terms of Use is found to be unreasonable by a court of competent jurisdiction, such term shall be limited to the extent considered reasonable and continue to remain valid and enforceable.

13.6. Waiver: Please report any violations of this Terms of Use agreement to Smart Kids shall determine how to deal with violations of its Terms of Use agreement on a case-by-case basis. Smart Kids response to any particular violation of this Terms of Use agreement may not be construed as a waiver of any of these provisions, nor may you rely upon Smart Kids response to a particular violation of this policy in your actions. You should not assume that Smart Kids is even aware of violations of this Terms of Use agreement that you may find. A waiver of any term or condition of this Terms of Use agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.