Terms Of Website Use

1. PARTIES AND ACCEPTANCE

These Terms and Conditions of Website Use (“Website Terms”) govern your access to and use of the Smart Online Trader website at www.smartonlinetrader.com and all associated subdomains (collectively, “the Website”), operated by Smart Online Trader S.A., a brand of Diversit-e Smart Trade College (Pty) Ltd, Registration Number 2026/199265/07 (“SOT S.A.”), and Smart Online Trader LLC, a company registered in the State of Delaware, USA, Tax Identification Number 37-2060884 (“SOT LLC”), collectively referred to as “Smart Online Trader”, “SOT”, “we”, “us”, or “our”. By accessing, browsing, or using the Website in any way, you confirm that you have read, understood, and agree to be bound by these Website Terms, our Privacy Policy, our Risk Warning and Disclaimer, and any other terms published on the Website. If you do not agree to these Website Terms, you must immediately cease using the Website.

2. PERMITTED USE

The Website and all its content are made available for lawful, personal, and non-commercial informational purposes, in compliance with all applicable South African laws, including the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”). You may NOT:

  • reproduce, copy, redistribute, republish, upload, post, transmit, or resell any content from the Website without SOT’s prior written consent;
  • use the Website in any manner that damages, disables, overburdens, or impairs the Website, its servers, or networks;
  • attempt to gain unauthorised access to any portion of the Website, any server, database, or user account;
  • introduce or transmit any virus, worm, trojan, ransomware, spyware, or other malicious or harmful code;
  • harvest, scrape, or collect personal data or contact information from the Website for unsolicited communications;
  • use automated tools, bots, spiders, or scrapers to access or extract any content from the Website;
  • frame, mirror, or embed the Website or any of its pages on any other website without prior written consent;
  • use the Website for any fraudulent, unlawful, or harmful purpose;
  • impersonate any person or entity or misrepresent your affiliation with any person or entity.

Any violation of the above may result in termination of your access to the Website and may constitute a criminal offence under applicable South African law, including under ECTA.

3. INTELLECTUAL PROPERTY RIGHTS

All content on the Website, including but not limited to text, graphics, logos, images, videos, course material, trade ideas, market analysis, icons, charts, software, data compilations, and the overall design and layout, is the intellectual property of SOT and/or its licensed suppliers and is protected by the Copyright Act, 98 of 1978, and other applicable South African and international intellectual property laws. Nothing on this Website grants or transfers any intellectual property rights to you. The Smart Online Trader® brand name and logo are registered trademarks. Unauthorised use of any SOT trademark or intellectual property is strictly prohibited and may result in civil and/or criminal liability.

4. THIRD-PARTY CONTENT AND LINKS

The Website may contain links to or content from third-party websites and platforms, including but not limited to Broker partner websites, trading platforms, payment processors, and social media platforms. These links are provided for convenience and informational purposes only. SOT does not control, endorse, sponsor, or take any responsibility for any content, terms and conditions, privacy practices, or services of any third-party website or platform. Your use of any third-party website is entirely at your own risk and governed by that third party’s own terms and conditions. SOT is not liable for any loss or damage you may suffer as a result of your use of or reliance on any third-party content or services.

5. DISCLAIMER OF WARRANTIES

The Website and all its content are provided on an “as is” and “as available” basis, without any warranty, representation, or guarantee of any kind, whether express or implied. To the fullest extent permitted by applicable South African law:

  • SOT does not warrant that the Website will be uninterrupted, error-free, virus-free, or free from other harmful components at all times;
  • SOT does not warrant the accuracy, completeness, reliability, currency, or timeliness of any content published on the Website;
  • SOT does not warrant that any defects in the Website will be corrected within any specific timeframe;
  • SOT does not represent that the Website or the server(s) that host it are free from viruses or other harmful components.

All educational, market-related, and trading-related content on the Website is provided for informational and educational purposes only and does not constitute financial advice, investment advice, or a recommendation to buy or sell any financial instrument. Nothing on this Website should be relied upon as the basis for any trading or investment decision.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, including the Consumer Protection Act, 68 of 2008 (“CPA”), SOT, its directors, officers, employees, affiliates, agents, and representatives shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to your access to, use of, or inability to use the Website or its content, even if SOT has been advised of the possibility of such damages. This limitation does not exclude or restrict any liability that cannot lawfully be excluded under South African law, including liability for death or personal injury caused by SOT’s negligence, or liability for fraud or fraudulent misrepresentation.

7. COOKIES AND TRACKING TECHNOLOGIES

The Website uses cookies and similar tracking technologies to enhance user experience, analyse website traffic, and support marketing activities. By continuing to use the Website, you consent to the use of cookies in accordance with our Cookie Notice. Types of cookies used:

  • Strictly Necessary Cookies: Essential for the Website to function. These cannot be disabled.
  • Preference Cookies: Remember your settings and preferences to improve your experience.
  • Analytics Cookies: Help SOT understand how visitors interact with the Website (e.g., page visits, session duration).
  • Marketing Cookies: Track browsing activity to deliver relevant advertising.

You may manage or disable cookies through your browser settings. Disabling certain cookies may affect Website functionality. A cookie consent management tool is available on the Website.

8. USER-GENERATED CONTENT

Where the Website permits you to post, submit, or share content (including comments, testimonials, or Community Hub contributions), you grant SOT a non-exclusive, royalty-free, worldwide, sublicensable licence to use, reproduce, modify, adapt, publish, and distribute such content for SOT’s marketing and operational purposes. By submitting any content, you warrant that:

  • you own or have the right to submit the content;
  • the content does not infringe the intellectual property, privacy, or other rights of any third party;
  • the content is not defamatory, offensive, obscene, or unlawful;
  • the content complies with all applicable South African law.

SOT reserves the right to remove any user-generated content at its sole discretion without notice.

9. ELECTRONIC COMMUNICATIONS (ECTA COMPLIANCE)

In accordance with the Electronic Communications and Transactions Act, 25 of 2002 (ECTA), SOT’s details are:

Legal Entity Diversit-e Smart Trade College (Pty) Ltd
Trading as Smart Online Trader S.A.
Registration Number 2026/199265/07
Physical Address Manhattan Park, 16 Pieter Street, Highveld Techno Park, Centurion, Gauteng, 0169
Telephone (+27) 010 753 2460
Email info@smartonlinetrader.com
Website www.smartonlinetrader.com

10. CHANGES TO THESE TERMS

SOT reserves the right to amend these Website Terms at any time. Updated terms will be published on the Website and will take effect immediately upon publication unless a later effective date is stated. It is your responsibility to review these Website Terms periodically. Your continued use of the Website after any amendments constitutes your acceptance of the revised terms. For material changes, SOT will endeavour to provide reasonable advance notice via a prominent notice on the Website or by email to registered users where practicable.

11. GOVERNING LAW AND JURISDICTION

These Website Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Website Terms shall be subject to the exclusive jurisdiction of the South African courts. Without prejudice to either party’s right to proceed in the High Court of South Africa having jurisdiction, both parties consent to the jurisdiction of the Magistrates Court in terms of Section 45 of the Magistrates’ Courts Act, 32 of 1944, as amended.

12. CONTACT

General Enquiries info@smartonlinetrader.com
Support Desk helpme@smartonlinetrader.com
Telephone (+27) 010 753 2460
Address Manhattan Park, 16 Pieter Street, Highveld Techno Park, Centurion, Gauteng, 0169