| 1.1 |
The Legaledge
website is owned by Petzer, Du Toit and Ramulifho
(hereinafter referred to as PDR). By using this
website, either personally or through an agent,
you (the user), agree to be bound by all the terms
and conditions contained in this agreement. If you
do not want to be bound by these terms and conditions,
then please leave this website. |
| 1.2 |
The copyright in
all information, material and logos vests in PDR
of Hatfield Rendezvous, 367 Hilda Street, Hatfield,
Pretoria, South Africa. All rights not expressly
granted herein are reserved. |
| 1.3 |
Users may download,
view and print contents from this site for private
and non-commercial purposes only. To obtain permission
for the commercial use of any content on this site
contact Nigel Petzer at (+27) (12) 342 9895 or e-mail
nigel@legaledge.co.za. |
| 1.4 |
All moral rights
of PDR in this website and its employees/agents
are reserved. |
| 1.5 |
PDR cannot screen
or edit all the content available from their website
and does not accept any liability for illegal, defamatory
or obscene content. Users are requested to inform
PDR of any content that may be offensive or illegal. |
| 2. |
NO OFFER
Nothing contained in this website shall be construed
as an offer by PDR to you, the user. All information
contained in this website shall merely be deemed
to be an invitation to do business. |
| 3. |
INTELLECTUAL
PROPERTY RIGHTS |
| |
All the content,
trademarks and data on this website, including but
not limited to, software, databases, text, graphics,
icons, hyperlinks, private information, designs
and agreements, are the property of or licensed
to PDR and as such are protected from infringement
by local and international legislation and treaties. |
| 4. |
ELECTRONIC
COMMUNICATIONS AND TRANSACTIONS
When a user visits the PDR website or sends e-mails
to PDR such user consents to receiving communications
from PDR electronically and agrees that all agreements,
notices, disclosures and other communications sent
by PDR satisfies any legal requirements, including
but not limited, to the requirement that such communications
should be “in writing”.
|
| 5. |
HYPERLINKS |
| 5.1 |
No person, business
or website may link to any page on this site without
the prior written permission of PDR. Such permission
may be obtained from the person referred to in clause
1.3 hereof. |
| 5.2 |
Hyperlinks provided
on this site to other websites or web pages are
provided as is and PDR does not necessarily agree
with, edit or sponsor the content on such web pages.
|
| 6. |
FRAMING
No person, business or website may frame this site
or any of the pages on this site in any way whatsoever. |
| 7. |
SPIDERS
AND CRAWLERS
No person, business or website may use any technology
to search and gain any information from this site
without the prior written permission of PDR. Such
permission may be obtained from the person referred
to in clause 1.3 hereof. |
| 8. |
DISCLAIMER
AND LIMITATION OF LIABILITY |
| 8.1 |
The users of this
website and the information contained therein are
done at the users’ own risk and the users
assume full responsibility and the risk of loss
resulting from the use thereof. |
| 8.2 |
Neither PDR nor any
of its agents or representatives shall be liable
for any damage, loss or liability of whatsoever
nature arising from the use or inability to use
this website or the services or content provided
from and through this website. PDR makes no representations
or warranties, implied or otherwise, that, amongst
others, the content and technology available from
this website are free from errors or omissions or
that the service will be 100% uninterrupted and
error free. Users are requested to report any possible
malfunctions and errors to the person referred to
in clause 1.3 hereof. |
| 8.3 |
This website is supplied
on an “as is” basis and has not been
compiled or supplied to meet the user’s individual
requirements. It is the sole responsibility of the
user to satisfy him/her prior to entering into this
agreement with PDR that the service available from
and through this website will meet the user’s
individual requirements and be compatible with the
user’s hardware and/or software. |
| 8.4 |
Information, ideas,
opinions and articles contained on this site should
not be regarded as professional advice or the official
opinion of PDR and users are advised to obtain professional
advice before taking any course of action related
to information, ideas, opinions and articles contained
on this site.
|
| 9. |
PRIVACY |
| 9.1 |
This site collects
private information from users and such information
shall not be disclosed to any third party unless
agreed upon between the user and PDR or through
due legal process. |
| 9.2 |
Users agree and consent
that PDR may, from time to time communicate with
users. PDR does not condone the use of spam and
shall at all times comply with the provisions of
the Electronic Communications and Transactions Act,
No 25 of 2002. |
| 10. |
WEBSITE SECURITY
AND DENIAL OF SERVICE ATTACKS
Any person that delivers or attempts to deliver
any damaging code to this website or attempts to
gain unauthorised access to any page on this website
shall be prosecuted and civil damages shall be claimed
in the event that PDR suffers any damage or loss.
Users are notified that in terms of the Electronic
Communications and Transactions Act 25 of 2002 it
is a criminal offence to gain unauthorised access
to this website and to circumvent any security measures
implemented by PDR or its agents. |
| 11. |
CHANGES TO
AGREEMENT |
| 11.1 |
PDR may, in its sole
discretion, change the terms and conditions of this
agreement or any part thereof at any time without
notice and such right is expressly reserved. |
| 11.2 |
Each time a user
accesses this website he/she will be bound by the
current version of these terms and conditions. |
| 12. |
DISPUTES
All disputes in terms of this agreement or relating
to the use or inability to use the PDR website may
be referred to arbitration in terms of the rules
of the South African Arbitration Foundation and
such arbitration shall be held in Pretoria. The
unsuccessful party shall pay all costs incurred
by the successful party. Notwithstanding the above,
PDR reserves the right, in its sole discretion,
to institute action in any competent court of law. |
| 13 |
E-MAIL DISCLAIMER
All e-mail transmissions contain confidential information
which is the property of the sender and which is
legally privileged. The information is intended
only for the use of the addressee. If you are not
the intended recipient, you are hereby notified
that any disclosure, copying or distribution of
the contents of such e-mail transmission, or the
taking of any action in reliance thereon or pursuant
thereto, is strictly prohibited. Should you have
received an e-mail in error, please immediately
notify us by telephone to arrange for return of
the documentation comprising this transmission.
In no event will PDR or the sender of an e-mail
be liable to any party for any direct, indirect,
special or other consequential damages for any use
of this e-mail, or on any other hyperlinked website,
including, without limitation, any lost profits,
business interruption, loss of programs or other
data on your information system or otherwise, even
if we are expressly advised of the possibility of
such damages. |
| 14. |
ENTIRE AGREEMENT |
| 14.1. |
These terms and conditions
of use constitute the entire agreement between PDR
and you, the user of this website. Any failure by
PDR to exercise or enforce any right or provision
of these terms and conditions of use shall in no
way constitute a waiver of such right or provision
thereof. |
| 14.2. |
No amendment to these
terms and conditions shall be valid and binding
unless reduced to writing and signed by two partners
of PDR. |
| 15. |
GOVERNING
LAW
This site is hosted, controlled and operated from
the Republic of South Africa and therefore the South
African law and the jurisdiction of the South African
courts shall govern any action relating to the terms
of the use or inability to use this site. |
