Conditions
1. OVERVIEW
1.1 These terms and conditions are binding and enforceable against all persons that access the Joubert Galpin Searle web site or any part thereof by virtue of section 11 of the electronic communications and transactions (ECT) act 25 of 2002.
1.2 If and to the extent that these terms and conditions are not acceptable, you should refrain from :
(a) Accessing or utilising the whole or any part of the contents of the Website;
(b) Conducting any further transaction in relation to the Website.
1.3 If you proceed with accessing the whole or any part of the Website, or if you enter into any transaction in relation to the Website, regardless of the contents of these Terms and Conditions, it will be deemed that you have accepted the Terms and Conditions and you will be bound thereto.
2. GENERAL
2.1 Wherever possible defined terms are shown in CAPITAL LETTERS.
2.2 Paragraph headings in are for convenience only and shall not be taken into account in the interpretation hereof.
2.3 Words importing a particular gender shall be deemed to include the other genders, words importing natural persons shall be deemed to include corporate bodies and associations of persons, and words importing the singular shall be deemed to include the plural, and vice versa.
2.4 The rule of construction that contracts shall be interpreted against the party responsible for the drafting or preparation of the contract shall not apply.
2.5 Any document or information referred to in these conditions and capable of being accessed by way of an internet address, shall be deemed to be incorporated in these conditions in accordance with the provisions of the Electronic Communications and Transactions Act No. 25 of 2002.
3. BACKGROUND
3.1 Joubert Galpin & Searle Inc. ('JGS') conducts business as professional independent attorneys, notaries, conveyancers, legal advisors, administrators of estates and consultants
3.2 The following words shall have the meanings ascribed to them below :
(a) 'CONDITIONS' - means these conditions, and any additional terms applicable to the provision of the services by JGS;
(b) 'CONFIDENTIAL INFORMATION' - means :
(i) any information of whatever nature, which has been or may be obtained by either of the Parties from the other, whether in writing or in electronic form or pursuant to discussions between the Parties, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business, demographic or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas;
(ii) analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition;
(c) 'ECT ACT' - means the Electronic Communications and Transactions Act No 25 of 2002, which may accessed at:
http://www.quality.org.za/pdf/eletroniccomunications.pdf.
(d) 'INTELLECTUAL PROPERTY RIGHTS' - means names, goodwill, new products distinctive logos and identifying commercial symbols and designs, copyrighted materials used in relation to the business, patents and any additional trade marks, trade names, service marks and other commercial symbols used in relation to the WEBSITE, insofar as the contents do not form part of the public domain.
(e) 'PASSWORD' - means an access code comprising a unique combination of letters and numerals allocated by JGS to the USER for purposes of enabling a USER to access the WEBSITE, or any part thereof.
(f) 'TERMS' - means the terms upon which JGS renders its professional services, which terms may be accessed here.
(g) 'USER' - means any person who enters or uses the WEBSITE regardless of whether such person uses a PASSWORD, or visited the homepage or any other pages on the WEBSITE.
(h) 'WEBSITE' - means the website owned or controlled by JGS and the IP address of www.jgs.co.za, and includes any part or element thereof;
4. BINDING EFFECT
These TERMS shall become binding on the USER at the time the USER gains access to the WEBSITE, or the date upon which the USER grants JGS a mandate to act on its behalf, whichever occurs first.
5. PASSWORDS AND ACCESS CONTROL
JGS may, at its discretion provide the USER with a PASSWORD which will allow the USER to:
5.1 Log on to restricted parts of the website for purposes of gaining access to specified information, or to interact on the WEBSITE for specific purposes;
5.2 The USER shall be obliged to:
(a) ensure the confidentiality and integrity of the PASSWORD;
(b) refrain from making the PASSWORD known to any third party, unless specifically authorised to do so by JGS.
5.3 The USER assumes all risk in and to the PASSWORD and the maintenance of its integrity, and all activities conducted under the PASSWORD allocated to a USER, shall be considered to be that of the associated USER unless proven by the USER that access to the PASSWORD was obtained by a third party as a result of gross negligence or intentional conduct on the part of JGS.
6. SECURITY
The USER shall procure that any person accessing the WEBSITE using the PASSWORD does not:
6.1 permit or assist any unauthorised person to gain access to the WEBSITE without proper authorisation;
6.2 defeat, or attempt to defeat, any security measure implemented in relation to the WEBSITE;
6.3 access or attempt to gain access to data on the WEBSITE, whilst not authorised to do so;
6.4 make or attempt to make any unauthorised changes to data, programmes or software on the WEBSITE;
6.5 conceal the USER's identity when using the WEBSITE unless anonymous access is specifically provided, nor impersonate other users;
6.6 introduce computer viruses or any computer programme aimed at destroying, damaging or inhibiting the functionality of the WEBSITE;
6.7 participate in any scheme or activity which may cause excessive traffic on the WEBSITE or result in the storage or processing capacity of the WEBSITE being inhibited;
6.8 cause, permit or attempt any destruction or modification of data or the WEBSITE;
6.9 use the WEBSITE to unlawfully threaten or harass any person;
7. ALLOWED USE
JGS grants a non exclusive, non transferable licence to the USER to :
7.1 Access the WEBSITE;
7.2 Download, view and print the contents from the WEBSITE for information purposes internal or personal to the USER, and not for any other commercial purpose.
8. DISCLOSURE AND TERMS OF ECT ACT
In accordance with the requirements of Chapter 7, Section 42 of the ECT ACT the following disclosures are made:
8.1 Full name and legal status of supplier :
Joubert Galpin Searle Incorporated
8.2 Supplier's physical address and telephone number :
173 Cape Road
Mill Park
Port Elizabeth
(041) 3969235
8.3 Supplier's Website Address and e-mail address :
Website - www.jgs.co.za
E Mail - info@jgs.co.za
8.4 Membership by Supplier of any self regulatory or accredited bodies to which the Supplier belongs or subscribes and the contact details of that body :
Cape Law Society
3rd Floor, Waalburg Bldg
c/o Waal & Burgstreet
Cape Town
8001
Docex 124
Cape Town
PO Box 4528
Cape Town 8000
Tel: (021) 424 8060
Fax: (021) 422 1355
E Mail: cls@capelawsoc.law.za
Web: www.capelawsoc.law.za
8.5 Any code or conduct to which the Supplier subscribes and how that code of conduct may be assessed electronically by the consumer :
The Rules of the Cape Law Society
Accessible at www.capelawsoc.law.za
8.6 Registration Number and names of office bearers and place of registration of the Supplier :
(a) Registration No: 1990/000957/21
(b) Names of Office Bearers:
Managing Director: Michiel Coenraad Botha
Directors:
Rowan Forbes Willcock
Hendrick Johannes Van Eck
Warren Ronald Parker
Guillermo Alejandro Araque
Genevieve De Klerk
Sonja Tifloen
Salma Munshi
Loen van Staden
Johan du Plooy
(c) Place of registration: South Africa
(d) Physical address where Supplier will receive legal service of documents (see Paragraph Error! Reference source not found.).
173 Cape Road
Mill Park
Port Elizabeth
(e) Description of main characteristics of goods or services offered by Supplier:
Legal Services
(f) Price for goods or services:
Fee rates for professional services shall be either the agreed rates, or such rates as are customary or usual, regard being had to the complexity of the matter or the expertise and seniority of the service provider. The use of the Website is free of charge.
(g) Manner of payment for SERVICES.
SEE TERMS
9. COOLING OFF PERIOD
In accordance with the provisions of Section 44 of the ECT ACT, the USER shall be entitled, without reason and without penalty to cancel the SERVICES and any related Credit Agreement, within 7 (SEVEN) days after the date of conclusion of the agreement relating to the provision of SERVICES, provided the USER has not instructed JGS to proceed with the delivery of SERVICES and JGS has in fact so proceeded, in which event the USER shall be liable for the cost of SERVICES rendered to date of termination.
10. AMENDMENTS AND IMPROVEMENTS
10.1 The USER acknowledges that the WEBSITE comprises data, information, processes and procedures subject to continuous adjustment and improvement, not necessarily within the control of JGS
10.2 JGS shall be entitled at any time, and without prior notice to the USER, to adjust, improve, amend, or add to the WEBSITE, its content or layout.
10.3 JGS shall make reasonable efforts to ensure that the WEBSITE contains information, processes and applications that is correct and relevant to the purposes envisaged by the WEBSITE and TERMS, at the time of its publication but does not warrant nor accept any liability if such information or processes are incorrect, inaccurate or not relevant to the intended purpose.
11. PRIVACY POLICY
11.1 JGS and the USER agrees that :
(a) The USER's acceptance of these terms shall constitute express written permission by the USER for the collection, collation, processing or disclosure of the following personal information of the USER by JGS :
(i) Full Name :
(ii) Registration/Identity Number :
(iii) Contact Number :
(iv) User Name :
(v) User Address :
(vi) E-Mail Address :
(vii) Customer IP Address :
(viii) User E-Mail Address :
(b) JGS shall collect, store and use the specified personal information for the following purposes :
(i) To greet the USER and identify the USER upon access to the site;
(ii) Compile profiles for statistical purposes;
(iii) Freely trade with such profiles and statistical data.
provided such profiles or statistical data cannot be linked to the USER by a third party.
12. SECURITY
12.1 Any person that delivers or attempts to deliver any damaging code to the WEBSITE, or attempts to gain unauthorized access to any page on the WEBSITE shall be liable for any losses incurred by or occasioned to either JGS or any USER as a result thereof.
12.2 The USER warrants that the USERS will exercise the necessary care and skill not to introduce any virus or disenabling code to the WEBSITE, and will use commercially reasonable efforts to prevent others from introducing or coding, any viruses or disabling code into the JGS environment used to provide the SERVICES.
12.3 The USER's attention is specifically directed to the provisions of Sections 85 to 89 of the ECT ACT. The USER shall be liable for any damages suffered by or losses occasioned to JGS as a result of any offence committed by the USER or a USER as contemplated in the ECT ACT.
13. CONFIDENTIALITY
In order to protect the CONFIDENTIAL INFORMATION, the USER undertakes, during the currency of this Agreement or at any time thereafter to not :
13.1 use or divulge, directly or indirectly; or
13.2 disclose to others,
any of the CONFIDENTIAL INFORMATION;
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Acknowledgment and Undertaking
(a) The USER acknowledges and recognises:
(i) the validity of JGS's title and rights to the CONFIDENTIAL INFORMATION and INTELLECTUAL PROPERTY ('the PROTECTED GOODS'); and
(ii) the importance of the PROTECTED GOODS to the business and goodwill of JGS.
(b) The USER undertakes not to:
(i) dispute the validity of the PROTECTED GOODS or JGS's rights thereto;
(ii) take any action that may impair JGS's rights to the PROTECTED GOODS;
(iii) directly or indirectly, seek to register any imitations or foreign translation of the PROTECTED GOODS;
(iv) register any name which is similar to or an imitation or foreign translation of the PROTECTED GOODS as a domain name or any other device or name which is used as part of or in connection with any website, e-mail address or in any way associated with the internet or electronic communication;
(v) link or frame, either by way of a hypertext reference link or any other electronic means, any website on the internet owned or controlled by the parties with that owned or controlled by the USER;
(vi) use technology to search and gain any information from the WEBSITE to search or copy content from the WEBSITE for any purposes other than by utilising the search facility provided by JGS on the WEBSITE, or the activities of bona fide search engine operators for legitimate purposes.
(vii) incorporate, copy or reproduce any of the contents of the WEBSITE or any of the PROTECTED GOODS in any Internet Website owned or controlled by the USER by way of Meta Tagging or in any other way whatsoever;
(viii) modify, add to or omit any part or component of the PROTECTED GOODS;
(ix) claim copyright or ownership in relation to any goods, services or material developed by the USER for or on behalf of JGS whilst providing the services;
(x) use any of JGS's trademarks or trade names in conjunction with the PROTECTED GOODS, other than in accordance with the provisions of these CONDITIONS.
14.2 If the USER becomes aware of any action or potential trade practice which constitutes a threat to the INTELLECTUAL PROPERTY, then he shall:
(a) immediately notify JGS;
(b) immediately desist from any act, omission or activity contemplated in paragraph14.1(b); and
(c) provide such assistance in confronting the threat as JGS may reasonably require, provided the USER shall not be obliged to disburse any funds in assisting JGS.
14.3 If reasonable grounds exist to believe that a breach of the provisions of this paragraph has occurred, or it is necessary to preserve the integrity of the PROTECTED GOODS, JGS shall be entitled to:
(a) request the USER to return all PROTECTED GOODS in his or its possession or under the control of the USER to JGS;
(b) obtain such free and unrestricted access to the USER's assets, (including places of business and computer devices), as may reasonably be required for purposes of verifying that the provisions of this paragraph have not been violated;
(c) recover from the USER all or any damages the USER may suffer directly or indirectly as a result of the USER participating in any act, omission or activity contemplated in paragraph 14.1(b).
(d) for purposes of achieving the aforegoing, the USER authorises JGS to :
(i) enter upon or gain access to any premises occupied or controlled by the USER to search for and inspect any electronic device, storage mechanism or means of recording information or data which could contain the PROTECTED GOODS;
(ii) copy, download or destroy any PROTECTED GOODS found in the possession of the USER in conflict with the terms of these CONDITIONS;
to the extent necessary, approach and obtain any Order of Court authorising the innocent party to enforce any of the rights granted to the parties to secure or protect the PROTECTED GOODS.
15. LIMITATION OF LIABILITY
15.1 The liability of JGS for faulty execution of the data or Software as well as all damages suffered by the USER, whether direct or indirect, as a result of the malfunctioning of such Software, will be limited to JGS rectifying the malfunction, within a reasonable time and free of charge, provided that JGS is notified immediately of the damage or faulty execution of the Software.
15.2 Any other liability on the part of JGS arising from any cause whatsoever is specifically excluded. Without limiting the generality of the aforegoing, JGS shall not be liable for any delay, failure, breakdown, damage or injury caused by:
(a) software, programs and support services supplied by or obtained by the USER without the consent or knowledge of JGS; or
(b) software or programs modified by the USER or any third party not authorised to do so in terms of the Agreement; or
(c) the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software.
15.3 In no event shall JGS be liable to the USER for loss of profits or for incidental, special or consequential damages arising out of or in connection with the Software or the delivery, installation, servicing, performance or use of it in combination with other computer software.
16. WARRANTIES
16.1 JGS does not warrant that the USER's computer hardware, software, communication lines, access to the Internet, the WEBSITE or any other download facility shall be capable of communicating with the WEBSITE.
16.2 JGS does not warrant that the information transmitted by or available to the USER by way of the SERVICE:
(a) Will be reserved or sustained in its entirety;
(b) Will be suitable for any purpose, including but not limited to a purpose for which the USER intends to utilise the SERVICE or for any use which the USER intends to make use of its website;
(c) Free of inaccuracies or defects or bugs or viruses of any kind, and JGS assumes no liability, responsibility or obligations in this regard.
17. EXCLUSIONS OF LIABILITY
17.1 Unless stated expressly to the contrary, JGS shall not be liable to the USER or any third party for any loss or damage arising from the provision of the SERVICE, unless such loss or damage is caused by the intentional or gross negligent conduct on the part of JGS.
17.2 In addition to the above, JGS shall not be liable for any damage or loss arising from the loss of a USER's information, the loss or corruption of any data or the incompatibility of any of the USER's hardware or software, applications or those of JGS, other than for damage or loss caused through the intentional or negligent conduct on the part of JGS.
17.3 The USER indemnifies JGS and holds JGS harmless from any claim by any party arising directly or indirectly out of the SERVICE or information obtained through the use thereof, or in respect of any matter for which liability of JGS is excluded in terms of paragraphs 17.1and 17.2 above.
17.4 If JGS receives a complaint from any Governmental Body, Organisation or any third party, that the WEBSITE contains information that infringes against any third party's rights in terms of the Constitution of the Republic of South Africa or any other statutory or other common law provision applicable at the time, or is defamatory in nature, JGS shall be entitled to, in its sole discretion to remove the offending information or any portion thereof from the WEBSITE and any steps by JGS in this regard shall not constitute a breach by JGS of its obligations under these CONDITIONS or the conditions of SERVICE.
18. INTERRUPTION IN SERVICE
18.1 JGS shall be entitled to suspend the SERVICE at any time if it becomes necessary to conduct maintenance, repairs or improvements on the technical infrastructure by means of which the SERVICE is provided.
18.2 If the provision of the SERVICE is suspended by JGS as contemplated above :
(a) Any liability on the part of JGS for loss of damages suffered by the USERS as a result thereof, shall be excluded in accordance with the provisions of paragraph 17 above;
(b) To the extent that the suspension exceeds a period of 48 (FORTY EIGHT) consecutive hours, JGS shall give USERS credit in an amount which represents a pro rata portion of the FEE for the month during which the suspension occurred.
19. ENTIRE AGREEMENT
19.1 The CONDITIONS constitutes the entire agreement between the USER and JGS. No other conditions, stipulations, warranties or representations are binding on the parties, unless reduced to writing and signed by both parties.
19.2 These CONDITIONS shall not be amended or amplified in any way except in writing and signed by the parties.
19.3 Any latitude or extension of time which may be allowed for any payment or any matter which the other party is obliged to perform or observe shall not be deemed to be a waiver of any right to require strict compliance with every provision of these CONDITIONS.
20. GOVERNING LAW & JURISDICTION
These CONDITIONS shall be deemed to have been entered into in Port Elizabeth, South Africa, and any dispute arising from the CONDITIONS shall:
20.1 be governed by the laws of the Republic of South Africa;
20.2 be determined in Port Elizabeth, South Africa.