GENERAL TERMS AND CONDITIONS
These terms and conditions govern your use of the SmartSpotter website and application. By downloading and using the application you are deemed to agree to these terms and conditions.
1.1 You are not permitted to photograph any persons unless the assignment instructions explicitly allows for this.
1.2 As a Spotter, you are not an agent or employee of the assignment commissioner or of SmartSpotter. You are not to present yourself as a representative, agent, or employee of the assignment commissioner or SmartSpotter.
1.3 You are solely responsible for any fines, taxes, and any other payments due to public authorities directly or indirectly related to an assignment. For avoidance of doubt, this includes reporting of income to taxation authorities.
1.4 You are prohibited from submitting to SmartSpotter sexually suggestive photos, photos depicting violence, photos that are irrelevant to the assignment, or photos of copyrighted material. You agree to indemnify SmartSpotter of any claims by third parties for damage, loss, or intellectual property rights infringements arising from your photographs.
1.5 The photos will be evaluated and approved or turned down within 48 hours.
1.6 If they are approved, the amount you have earned will be added to your account.
1.7 All photos submitted by Spotters become the property of SmartSpotter.
1.8 SmartSpotter is not required to give reasons for turning down photos.
1.9 SmartSpotter will not enter into any correspondence about photos that have been turned down.
1.10 SmartSpotter is not liable for any incidents on the shop floor.
1.11 SmartSpotter is not responsible for whether or not it is possible to complete an assignment at the location indicated.
1.12 SmartSpotter is not liable under any circumstances for any direct or indirect damage you may suffer or incur as a result of carrying out an assignment.
1.13 SmartSpotter is represented within the Republic of South Africa by its duly authorised agent, Smollan Diversified Services Proprietary Limited (registration number 1997/010934/07) (“SDS”). Any reference to “SmartSpotter”, “us” or “we” in these Terms shall be deemed to include SDS and its affiliated companies, and you hereby consent to such inclusion.
2.1 SmartSpotter conforms to the Privacy Act 1988 (Cth)Protection of Personal Information Act 4 of 2013.
2.2 The software used by SmartSpotter does not enable third parties to see Spotters’ personal details.
2.3 SmartSpotter offers assignments based on location. For this reason the application indicates your location when collecting assignments. We handle this information with care and never make it available to third parties.
2.4 You hereby consent to SmartSpotter, SDS and the assignment commissioner processing your personal data and/or content as may be required by these terms and conditions, a particular assignment, or by the law, as applicable. The data will only be stored anonymously and no personal information will be stored or used for commercial purposes unless otherwise stated in the terms relating to an assignment.
3. Confidentiality and Intellectual Property
3.1 The copyright to all content on this website and the application including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
3.2 Except as permitted under the Copyright Act 98 of 1978, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
3.3 All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website and application does not license you to use those marks in any way without the respective rights-holder’s written permission.
3.4 All Intellectual Property rights extend to any works derived from the contents of our website and application.
3.5 You must not disclose any confidential information about the assignment commissioner or SmartSpotter to a third-party (that is, a party other than the assignment commissioner and SmartSpotter) except as required by law. Confidential information includes, but is not limited to, any of the following:
(a) Information pertaining to business practices, financial information, personal information of employees and officers, trade secrets, and any other information which would ordinarily be considered as confidential; or
(b) Anything under copyright, patent, or trademark; or
(c) Information explicitly communicated to you as being confidential.
4.1 You must be at least 18 years old to be a Spotter.
4.2 You are required to use your real name.
4.3 Your account is linked to your identity. You are not permitted to sell, trade, or otherwise transfer your account to third parties.
5. Terms of payment
5.1 We pay our Spotters weekly on Wednesdays. You can choose to be paid automatically every time your earnings reach zar 40,- or you can choose to save up more money in your account and manually request payment when you want to. If you have earned less than zar 40,- you can log into the site to request payment. However, we will charge you a ZAR 10,- transaction fee.
6. Legal provisions
6.1 You agree that it is your own responsibility to report payments received to the appropriate tax authorities or other relevant bodies.
6.2 The website and application may only be used for purposes which are not in conflict with the law.
7.1 SmartSpotter cannot be held liable for:
(a) Incomplete or incorrectly submitted details on the part of the user;
(b) Technical difficulties resulting in the application failing to function properly and/or the necessary information not being sent;
(c) Spotters carry out assignments entirely at their own risk.
(d) SmartSpotter is not liable for any damage to your smartphone as a result of carrying out the assignment.
7.2 SmartSpotter reserves the right to block people without stating reasons. We may block you if, for instance:
(a) We believe you are committing fraud;
(b) We believe you are trying to influence results.
7.3 You agree to indemnify SmartSpotter for any claim for damage or loss arising from your conduct as a Spotter. You also agree not to hold SmartSpotter liable for any damage or loss arising from you carrying out an assignment introduced by SmartSpotter and its products/services.