SMARTKITS
LIABILITY AND LIMITATION NOTICE
Entity: SmartKits
Address: Pretoria, Gauteng, South Africa
Email: info@smartkits.co.za
Effective Date: 10 June 2026
Governing Law: Republic of South Africa
IMPORTANT NOTICE:
This page contains important statements that limit SmartKits’ liability and allocate responsibility to the buyer for edits, implementation choices and misuse. Please read this page together with the Terms and Conditions, EULA, Legal Notice / Disclaimer and Refund Policy before purchasing or using a SmartKits Product.
1. Scope of This Notice
1.1 SmartKits sells practical digital business tools, templates, guides, checklists, prompt packs and related downloadable materials.
1.2 The purpose of this Notice is to explain the limits of SmartKits’ responsibility and to record the buyer’s responsibilities when using those materials.
2. SmartKits Provides Tools, Not Outcome Guarantees
2.1 SmartKits provides templates and practical resources only.
2.2 SmartKits does not guarantee that any Product will:
2.2.1 make your business legally compliant;
2.2.2 satisfy a regulator, client, bank, tender authority, platform or third party;
2.2.3 suit your industry, labour structure, tax status or risk profile;
2.2.4 produce a particular business result; or
2.2.5 remain current indefinitely after purchase if legislation, official guidance or market practice changes.
2.3 You remain responsible for deciding how and whether to use any Product.
3. No Liability for Buyer Changes
3.1 SmartKits is not responsible for any document, file, prompt, checklist or output once the buyer:
3.1.1 edits it;
3.1.2 deletes wording from it;
3.1.3 adds wording to it;
3.1.4 reformats it;
3.1.5 combines it with other documents, clauses, prompts or platform content; or
3.1.6 applies it to a different factual or legal context.
3.2 If you change a Product in any way, you take full responsibility for that changed version and for any consequences of using or sharing it.
3.3 SmartKits is not liable for inaccuracies, omissions or legal consequences created by your edits, shortening, copying, partial use or incorrect completion of a template.
4. No Liability for Misuse or Improper Reliance
4.1 SmartKits is not liable if a buyer:
4.1.1 treats a template as legal, tax, accounting or regulatory advice;
4.1.2 uses a Product without reading it properly;
4.1.3 uses a Product without adapting it to the buyer’s business;
4.1.4 ignores industry-specific, sector-specific or contractual requirements;
4.1.5 uses a Product in a misleading, unlawful or deceptive manner; or
4.1.6 relies on a Product without obtaining expert advice where the circumstances clearly require it.
4.2 The buyer is solely responsible for the implementation, completion, circulation, filing and actual business use of any Product.
5. South African Use Only
5.1 SmartKits Products are drafted for use with South African business needs in mind.
5.2 SmartKits does not warrant that any Product is suitable, lawful or effective in a foreign country, foreign city, foreign state, foreign province, foreign regulatory environment or cross-border legal setting.
5.3 If you use a Product outside South Africa, you do so entirely at your own risk.
5.4 SmartKits is not liable for losses arising from non-South-African use or foreign regulatory incompatibility.
6. No Liability for Professional Decisions or Compliance Failures
6.1 SmartKits is not responsible for:
6.1.1 employment law steps taken by a buyer;
6.1.2 tax filings or tax decisions made by a buyer;
6.1.3 legal notices sent by a buyer;
6.1.4 HR, disciplinary or compliance actions taken by a buyer;
6.1.5 contractual promises made by a buyer to its own clients;
6.1.6 website disclosures made or omitted by a buyer; or
6.1.7 any compliance breach that occurs because the buyer did not obtain advice from a qualified South African professional.
6.2 SmartKits is also not liable for changes in legislation, official forms, labour requirements, tax positions, regulator guidance, platform rules or filing processes that occur after a Product is published or purchased.
7. No Liability for Third-Party Platforms, Software or Delivery Systems
7.1 SmartKits is not liable for losses caused by:
7.1.1 e-mail delivery failures outside its reasonable control;
7.1.2 cloud-storage restrictions;
7.1.3 file corruption caused by third-party software or user devices;
7.1.4 website downtime, payment gateway downtime, hosting failures or internet outages beyond SmartKits’ reasonable control; or
7.1.5 third-party acceptance or rejection of your completed documents.
7.2 SmartKits will, where reasonable, assist with reissuing or re-sending purchased files, but does not guarantee uninterrupted technical availability.
8. Limitation of Damages
8.1 To the fullest extent permitted by South African law, SmartKits is not liable for indirect, consequential, incidental, exemplary, punitive or special damages.
8.2 This includes, without limitation, loss of profit, loss of income, loss of opportunity, loss of contracts, loss of expected savings, reputational harm, loss of goodwill, business interruption or data loss.
8.3 To the fullest extent permitted by law, SmartKits’ total liability for any claim connected to a Product is limited to the amount actually paid for that Product.
9. Exceptions Required by Law
9.1 Nothing in this Notice excludes or limits any liability that cannot lawfully be excluded or limited.
9.2 Without limiting clause 9.1, SmartKits does not exclude liability for fraud, wilful misconduct or gross negligence to the extent exclusion is prohibited by law.
9.3 Nothing in this Notice deprives a consumer of non-waivable rights under applicable South African law.
10. Buyer Indemnity
10.1 The buyer indemnifies SmartKits against third-party claims, losses, damages, liabilities, costs and expenses arising from:
10.1.1 the buyer’s edited or customised version of a Product;
10.1.2 the buyer’s unlawful or misleading use of a Product;
10.1.3 the buyer’s sharing, resale or redistribution of a Product;
10.1.4 the buyer’s use of a Product outside South Africa; or
10.1.5 outputs created by the buyer for clients or third parties using SmartKits materials.
10.2 This indemnity does not apply to the extent a claim is caused directly by SmartKits’ fraud, wilful misconduct or gross negligence.
11. Buyer Responsibility Statement
11.1 By using a SmartKits Product, the buyer acknowledges that:
11.1.1 the Product is a practical template and starting point only;
11.1.2 the buyer must review and adapt it before use;
11.1.3 professional advice may be necessary depending on the context; and
11.1.4 the buyer assumes responsibility for the final implemented version and its business consequences.
12. Governing Law
12.1 This Notice is governed by the laws of the Republic of South Africa.
12.2 If a dispute arises, the buyer must first contact SmartKits at info@smartkits.co.za to attempt resolution.
13. Contact
Email: info@smartkits.co.za
Address: Pretoria, Gauteng, South Africa
