IMPORTANT NOTICE: If you use the Smile 90.4 website you will be bound by these terms and conditions but if requested to do so, you should indicate your agreement by ticking the relevant box.  When you use the Smile app we will refer to you as “the user” or “you”.

1. Interpretation
   • The following terms and expressions have the meanings set out next to them:

“agreement” means this agreement, which constitutes the terms and conditions set out here;

“content” includes but is not limited to software, audio and video, entertainment, news, topical chat, music compilations including songs and instrumentals, live music recordings, and related materials;

“forums” include but are not limited to bulletin boards, chatrooms, comment forms, competition entry forms, and other public areas found on the Smile 90.4FM site.

“Intellectual Property” is all of Smile’s trademarks, content, competitions and materials, the copyright of which belongs to Smile;

“Smile” is Cape Town Radio Pty Ltd trading as Smile 90.4FM, a commercial sound broadcaster licensed by ICASA under the Electronic Communications Act, 2005;

“Smile site” is the website at the address www.smile904.fm, controlled and/or owned by Smile;

“submissions” or “entries” will include notes, images, creative materials, ideas, suggestions, concepts, communication including any data, questions, comments and other information submitted using electronic communications including communications made over or with the help of the Smile site or emails directed to a relevant Smile email address.

• When you use the Smile app we will refer to you as “the user” or “you”.
• In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, any reference to any gender shall also include the other genders and any reference to a natural person shall include legal person and vice versa.
• The section headings used are for convenience only and shall be of no legal consequence.

2. Intellectual property and use rights
   • Smile grants you permission to view, copy, download to a local drive, print and distribute the content of the Smile website or part of it provided the content is used only for information and not for commercial purposes.
   • All reproductions of any part of the Smile website and content must include this clause.
   • You may not represent that any of the content of the Smile site is your’s nor use, change, modify, replace, or otherwise deal with the software or content in any way.

3. Access and availability of service and links
   • The Smile 90.4fm site contains links to other related Internet sites. The linked sites are for the user’s convenience only Smile does not endorse, support, agree with or take responsibility for any content on those sites or the sites or links themselves.
   • Smile reserves the right to remove any content posted to the Smile site or uploaded to any forum by any person for any reason whatsoever and content that is harmful to children incites hate speech or racism, or is otherwise insensitive, defamatory or abusive is prohibited and will be removed by Smile 90.4fm. For this purpose, Smile may monitor submissions, entries and communications on or in forums.
   • Smile 90.4fm may terminate or suspend access to the site at any time for any reason including maintenance or emergency work, without notice.
   • Submissions to Smile 90.4fm through the website may not contain marketing or promotional messaging nor may they solicit donations unless Smile invites you to do so. When you create content on or it is transmitted through the Smile website, you grant Smile 90.4fm a worldwide, royalty-free, perpetual, irrevocable and transferable licence to use, copy, modify, adapt, distribute and display your content and you waive any claims and assertions of moral rights or attribution in relation to your content. If you provide Smile with any ideas, suggestions or feedback please be aware that this is entirely voluntary and we may use those ideas, suggestions and feedback without compensation or credit to you.
   • We may monitor, screen or edit your content on the website and may delete and remove it if it is in breach of any of these terms and conditions.

4. Damages, Warranty, and Indemnity

• The user warrants that they own all materials in their submissions, and agrees that they shall be solely liable for any damage resulting from any infringement of copyrights, trademarks and other proprietary rights or any other damages resulting from such a submission that infringes these rights. The user further indemnifies and holds Smile harmless against all claims for any damages whatsoever arising from the use of the Smile site.
• Smile does not guarantee or warrant:
  that the availability of the Smile site will be uninterrupted;

1. that the Smile site will be default-free and that the defects will be corrected; or.
   c. that the results that may be obtained from the use or application from information gained from the Smile site are accurate in all respects.

• The Smile sites is available for use without any warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility. Smile is not liable for any damages that might be suffered by the user however they may occur or whatever form they may take including damages suffered as a result of interception or misuse of communications made by users through or to the site or the Smile email address.
• If Smile advertises any products, prizes or services on its site, the terms and conditions of the use or acquisition of those products, prizes and services will apply in addition to these terms and conditions.

1. Privacy and data protection
   • In order to use this site or to make a submission you may be required to register. Your personal details including your full names, address, contact number and identity number may be requested and other personal information which is necessary to enter you into a competition (see our Competition Rules) or send you information or prizes may also be requested.
   • You do not have to provide this information but if you do not, Smile will not be able to provide services to you that require registration.
   • If you provide Smile with your personal information by entering it on the website or sending it in an email, it will only be used for the purpose that is disclosed to you when Smile makes the request. Smile will not share your personal information with anyone without your prior written permission except for our accountants, auditors or attorneys (where their advice or oversight is required) and entities that sponsor prizes or donations that ask for your information in order to make the donation or provide the sponsorship.
   • Your personal information will be securely stored and will not be accessible to anyone other than designated authorised Smile personnel. You may ask us to delete it at any time and provided we are not required by law or the rules of a competition or an agreement with the sponsor or donor concerned to retain it, we will delete it and confirm that we have done so.
   • Smile will not process personal information other than as set out here, and your details will be kept confidential unless you are the winner of a prize or recipient of a donation or sponsorship in which case Smile will indicate that publication is necessary in the relevant entry rules.

2. General
   • These terms and conditions constitute the entire agreement between Smile and users.
   • The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising under or as a result of these terms and conditions shall be exclusively subject to the jurisdiction of the courts of the Republic of South Africa. Smile may at any time revise these terms and conditions by updating the postings. Users should periodically visit this agreement to review the then current terms and conditions to which the user is bound.
   • Smile may change or discontinue any aspect or feature of the Smile site.
   • If any of the terms and conditions contained in this agreement should be deemed to be unlawful, invalid or otherwise unenforceable it shall be severed and deleted from the balance of the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Smile privacy and data protection policy

This policy should be read with our website and app terms and conditions if you use either of those platforms.

1. “Smile” or “we” means Cape Town Radio Pty Ltd, trading as Smile 90.4FM.
2. Smile is a licensed commercial sound broadcaster, providing entertainment that is publicly accessible (“Smile’s business”)
   1. You” means any person who contacts Smile for any reason in the course of Smile’s business.
   2. Smile is committed to protecting your “personal information” (such as your name, address, gender, race, religion, opinions and submissions, your province or suburb, age or membership of any club, employment by any company or phone number).
   3. If you provide us with your consent, your personal information may be broadcast or published. This will be the case if the terms and conditions of a promotion, competition, donation or sponsorship (“the undertaking”) require your details, or if Smile is required to provide your details to anyone by law in relation to the undertaking (“the specified purpose”).  For example, if you enter a competition, we will need certain details from you which will constitute personal information.  If you do not want to provide these details, you may not be permitted to enter the competition.
   4. When we are not using your personal information for the specified purpose, it will be stored as securely as reasonably possible and only authorized persons will be able to access it. Access will only be granted for the specified purposes.
   5. Dealing with your personal information in a way that requires us to record, store, amend, split, or otherwise act in relation to your information is called “processing”. Smile will not process your information except where that processing is a term or condition of an undertaking or, for example, if we have to provide it in a particular format to the regulatory authority in charge of broadcasting, called ICASA, or if Smile has to provide all or only certain parts of it to a third party as part of its business in terms of a legal obligation.
   6. You may ask us to delete your personal information at any time, subject to clause 7.
3. GENERAL COMPETITION RULES
   1. “Smile” is Cape Town Radio Pty Ltd trading as Smile or Smile 90.4FM, a commercial sound broadcaster licensed by ICASA under the Electronic Communications Act, 2005.
   2. Competitions created, advertised or organised by Smile are open to legal residents of the Republic of South Africa who must be at least 18 years old, unless they have consent from their legal guardian.
   3. Once you have entered a competition, you will be referred to as “entrants”. Entrants that are under 18 years old will be referred to as “minors”.
   4. Entrants must not enter on behalf of any other person and may not be made by legal persons like companies; each entry must be personal to the entrant.
   5. Entrants must provide certain personal information to identify them and make delivery to them if they win a prize, to record the winner for audit purposes, to enable direct contact if necessary, and to verify their personal information, for example, whether or not they are a minor. Please read our Privacy and Data Protection Policy for more information about how we treat your personal information.
   6. On acceptance of a prize, the prize winner grants permission to Smile and the prize sponsor to use their personal information for publicity purposes at no cost to Smile. The winner must also provide their address and identity number (personal information) which personal information will be used in relation only to the specific competition, if this personal information has not been provided as a condition of entry.  Smile is not liable for the unauthorised use by any person of any of the winner’s personal details once they have been broadcast or published.
   7. Smile reserves the right to verify the information provided by every entrant including their age.
   8. Competitions are not open to directors, employees, agencies, prize sponsors or contractors of Smile or any person directly or indirectly involved in those companies including any person or company that may be running the competition, or the immediate family members of these people.
   9. By entering competitions, entrants agree to adhere to all the competition rules and regulations of the particular competition which include these Rules, which entrants must be familiar with before entering the competition.
   10. Any breach of these Rules by an entrant to the competition will result in immediate disqualification from that competition and any other competitions over any period that Smile may decide in its sole discretion. Smile may also disqualify an entrant who is a winner in a competition, even after announcing the winner of that competition if it is later found that the information provided was false, or that they do not have parental consent if the entrant is a minor, or for any other breach of these Rules.
   11. Entrants take part in competitions at their own risk and Smile accepts no responsibility for any loss, damage or harm suffered as a result of participation in any of the competitions.
   12. Smile is not liable for any technical failures or other events outside its reasonable control that result in entries being excluded or announcements made regarding any winners not being received. Entries received after the closing date for the competition will not be valid. Smile will take reasonable steps to ensure that winners are notified as soon as possible after the draw.
   13. If payments of any kind are necessary to enter the competition, including to use data if this is necessary to enter the competition, the entrant is liable for all of those payments and Smile has no liability in this regard.
   14. The judges’ decision in any competition is final and no discussion or correspondence will be entered into.
   15. Prizes may not be exchanged for cash or any other prize, nor are they transferable.
   16. Cash prizes may take up to 30 days to be paid out, and will only be paid into a valid South African bank account in the name of the person who is the valid winner of the prize. Cash prizes that are won by minors will only be paid to the minor’s legal guardian.
   17. Unless stated otherwise, if a car is a prize, the winner cannot be a minor and the entrant must have a valid driver’s licence. If a winner does not have a valid driver’s licence then Smile may withhold or award the prize at its sole discretion. If a car is a prize, the prize includes licensing and registration. Unless stated otherwise, extra accessories are not included as part of the prize. Insurance for the car will be the winner’s responsibility from the date of transfer of the car to the winner.
   18. Winners use and accept prizes at their own risk and will become the owner of the prize on acceptance from, physical transfer or delivery to the winner by Smile or its agent.
   19. Each person that is a winner may only enter competitions where the value is R1,000 or more after a period of 3 calendar months. Smile reserves the right to not award a prize if the winner falls into this category in the relevant 3 calendar months.
   20. Smile reserves the right to redistribute all unclaimed prizes if not claimed after 2 months after being announced through any Smile channel. A Smile channel includes the Smile app and website.
   21. Where indicated, finalists may not receive a prize if they fail to attend the draws if this is a condition of entry and this will be specified in the competition rules.
   22. Subject to the sponsor’s conditions or any other specific terms of entry, Smile will make every reasonable effort to award the identical prize that is described in the competition, but does not accept responsibility if the prize differs in an immaterial way from that advertised, for example it is a different colour.
   23. If a prize is valued at more than R10,000, the determination of a winner will be made by a representative of Smile’s accountants, auditors or attorneys and their decision is final.
   24. Smile reserves the right to cancel or amend competitions, their rules or withdraw prizes at their sole discretion or if circumstances require it and the changes will take immediate effect. No entrant shall have any recourse against Smile as a result of the amendments or cancellation.
   25. Smile may also amend these standard terms and conditions where necessary for specific competitions and will make those amendments to these standard terms and conditions available on its website, and in every broadcast relating to that or those competition rules.
   26. If a competition is made available online or on another Smile channel then the terms of use governing that channel will also apply to every entrant. In this case there may also be terms and conditions that will apply to the use of social media which the entrant should ensure they are familiar with.

The copyright, image rights and any other rights vesting in any sponsor or promotional materials relating to competitions and prizes are the property of Smile.

SMILE APP

Terms of Use

IMPORTANT NOTICE: if you use the Smile app you will be bound by these terms and conditions.  When you use the Smile app we will refer to you as “the user” or “you”. Please read our Privacy and Data Protection policy which forms an integral part of these terms and conditions, and if you enter a competition using the Smile app, please also read the terms and conditions that apply to competitions.  If you should have defaulted to the Smile website, please note that additional terms and conditions will apply to your use of the website.

• The following terms and expressions have the meanings set out next to them:

“agreement” means this agreement, which constitutes the terms and conditions set out here;

“content” includes but is not limited to software, audio and video, entertainment, news, topical chat, music compilations including songs and instrumentals, live music recordings, and related materials;

“forums” Include but are not limited to bulletin boards, chatrooms, comment forms, competition entry forms, and other public areas found on the Smile app;

“Intellectual Property” is all of Smile’s trademarks, content on the app, competitions and materials, software and derivatives;

“Smile” is Cape Town Radio Pty Ltd trading as Smile 90.4FM, a commercial sound broadcaster licensed under the Electronic Communications Act, 2005;

“Smile app” or “app” is the software application created and owned by Smile;

“software” includes any images or data generated by the software incorporated in the Smile app; and

“submissions” or “entries” will include notes, images, creative materials, ideas, suggestions, concepts, communication including any data, questions, comments and other information submitted using electronic communications including communications made over or with the help of the Smile app.

• When you use the Smile app you will be referred to as a “user” or “you” and you agree to be bound by all of these terms and conditions.
• In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, any reference to any gender shall also include the other genders and any reference to a natural person shall include legal person and vice versa.
• The section headings used are for convenience only and shall be of no legal consequence.

1.Interpretation

1.1 The following terms and expressions have the meanings set out next to them:

“agreement” means this agreement, which constitutes the terms and conditions set out here;

“content” includes but is not limited to software, audio and video, entertainment, news, topical chat, music compilations including songs and instrumentals, live music recordings, and related materials;

“forums” Include but are not limited to bulletin boards, chatrooms, comment forms, competition entry forms, and other public areas found on the Smile app;

“Intellectual Property” is all of the Smile 90.4fm trademarks, content on the app, competitions and materials, software and derivatives;

“Smile” is Cape Town Radio Pty Ltd trading as Smile 90.4FM, a commercial sound broadcaster licensed under the Electronic Communications Act, 2005;

“Smile app” or “app” is the software application created and owned by Smile;

“software” includes any images or data generated by the software incorporated in the Smile app; and

“submissions” or “entries” will include notes, images, creative materials, ideas, suggestions, concepts, communication including any data, questions, comments and other information submitted using electronic communications including communications made over or with the help of the Smile app.

2. Intellectual property and use rights

2.1 Smile grants you permission to view and use the Smile app or part of it provided the app is used only for information and not for commercial purposes.  The Smile app may be downloaded at your own cost from the Google Playstore or the App store, whose terms and conditions you should also comply with.  Your use of data to access and use the app is for your cost.

2.2 Smile and its licensors hold all rights of ownership, use and interest in the Smile app and its contents, software and intellectual property, including all modifications, enhancements, copyright, derivative works or app-related content (referred to as “the app and intellectual property”). You may not represent that you have any rights other than a right of use, in relation to the app and intellectual property.

2.3 The app facilitates the uploading, downloading, display and transmission of content produced by Smile and by you.

2.4 Unless you are the owner of the content you use with the app, you may not reproduce, duplicate, publish, broadcast or exploit any of the content on the app.

2.5 Smile takes no responsibility for and we do not endorse your content, we merely make a platform available for you to transmit your content in accordance with these terms and conditions.

2.6 When your content is created on or transmitted over the app, you grant Smile a worldwide, royalty-free, perpetual, irrevocable and transferable licence to use, copy, modify, adapt, distribute and display your content and you waive any claims and assertions of moral rights or attribution in relation to your content. If you provide Smile with any ideas, suggestions or feedback please be aware that this is entirely voluntary and we may use those ideas, suggestions and feedback without compensation or credit to you.

2.7 We may monitor, screen or edit your content on the app and may delete and remove it if it is in breach of any of these terms and conditions.