Legal notice

1. DEFINITIONS
   • “LAWtrust” means Law Trusted Third Party Services (Pty) Ltd with registration number 2001/004386/07.
   • “material” means the content, trademarks, copyrights, data, and other material, including but not limited to, information, files, folders, text, documents, graphics, logos, icons, hyperlinks and designs on our website.
   • “services” means any of the services provided by us via this website; e.g. information system services and/or intermediary services (as defined in the Electronic Communications and Transactions Act 25 of 2002.
   • “transaction” means an electronic transaction, and includes the provision and/or storage of information.
   • “website” means, as indicated by the context, www.lawtrust.co.za, as well as any other web pages under the control of LAWtrust (and which may be linked by hyperlink to the home page or each other).
   • “You” and/or “your” means you, the person (natural and/or legal) accessing our website and/or making use of the services, and includes the person you represent in any transaction when making use of the services.
2. CONTRACTUAL TERMS THAT MAY SUBSTITUTE TERMS AND   CONDITIONS
   
   1. Should any of the terms of these terms and conditions conflict with any of the terms contained in any other written agreement you may have concluded, by means of handwritten signatures (or digital signatures created using a LAWtrust issued digital certificate) with LAWtrust, then those terms, to the extent where there is a conflict, contained in the signed agreement shall prevail.
   2. No terms and conditions contained on your purchase order, order acceptance forms and/or invoices shall apply to, supplement or supersede any terms of these terms of use.
3. PIN CODE / DIGITAL ID
   You are and remain responsible for ensuring that you maintain the confidentiality and/or protection from compromise (e.g. lost, stolen, used wrongfully, or used by any other person) of any personal identification number (PIN) and/or digital identity (e.g. digital certificate) that may be issued to you and used, amongst other things, to identify you to the website, and you shall be fully responsible for all activities that occur when the PIN code or digital identity, as the case may be, is used, with or without your knowledge.
4. YOUR SELECTION OF EACH SERVICE
   
   1. It is at all times your responsibility to ensure your selection of each service made available for use through our website is up to date and in accordance with your requirements.  You agree to inform us timeously in writing of any changes in your requirements and which services are required to be added to or deleted from your account.
   2. Certain of the services made available for use through our website may be governed by license terms that establish a separate binding contract with the respective licensor.  You agree to indemnify us against any breach of these license terms by you.  We offer no warranty and make no representation, be it express or implied, as to the quality or fitness for purpose of such services, and any remedy you seek to enforce shall be governed by the license agreement with the licensor.
5. REASONABLE USE OF THIS WEBSITE
   You acknowledge and agree not to misuse our website.  In this regard you may not, without limitation:
   (a)      infringe the intellectual property rights, including copyright, of others;
   (b)      copy, upload, download, or share any material unless you have the lawful right to do so;
   (c)      probe, scan, or test the vulnerability of the website, including our other systems or networks;
   (d)      breach or otherwise circumvent any security or authentication measures;
   (e)      interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the services offered;
   (f)      plant malware, spyware or otherwise use the services to distribute malware or spyware;
   (g)     access or search the services by any means other than our publicly supported interfaces (for example, “scraping”);
   (h)      send unsolicited communications, promotions or advertisements, or spam;
   (i)      send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
   (j)      publish anything that is fraudulent, misleading, or infringes another’s rights;
   (k)     promote or advertise products or services other than your own without appropriate authorisation;
   (l)     impersonate or misrepresent your affiliation with any person or entity;
   (m)     publish or share materials that is pornographic, obscene or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
   n)     violate any applicable regulatory provision in any way, or to violate the privacy of others, or to defame others.
6.  LINKS TO AND FROM OTHER WEBSITES
   Links to third party websites on our website are provided solely as a convenience to you.  If you use these, links, you will leave our website and/or our secure environment.  We have not reviewed any or all of these third party websites and do not control and are not responsible for any of these websites or their content.  If you decide to access any of the third party websites, you do so entirely at your own risk.  Unless you have received our prior written permission, you shall not establish a hyperlink, frame, metatag, or similar reference, electronically or otherwise, to our website.
7. INTELLECTUAL PROPERTY
   At all times, all right, title and interest in and to our materials remains vested in us (i.e. belong to us) and/or our licensors and/or suppliers, as the case may be, and are copyrighted and protected by regulatory provisions. These materials may not be copied, reproduced, modified, published, uploaded, posted to other websites or otherwise distributed in any way, without our prior written permission. Save as expressly provided for herein, we and/or our licensors and/or our suppliers do not grant any right to you to use or reproduce the materials. All our rights in this regard are and remain reserved.
8. COMPLIANCE WITH LEGISLATION
   You shall at your own risk and expense procure all authorisations that you may require to access the website and/or make use of the services. We do not make any representations, nor do we give any warranties or guarantees of any nature whatsoever in relation to any authorisations, including the granting thereof and whether required by us or any other third party.  You agree to indemnify LAWtrust against any breach of the aforesaid authorisations and regulatory provisions by you.
9. DISCLAIMER AND RISK
   
   1. The use of this website, the services, and the content contained therein is provided “as is” and “as available” with no warranties whatsoever.  LAWtrust does not, either expressly or impliedly, make any warranties, claims or representations with respect to your use of our website, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose.  LAWtrust further does not represent or warrant that the website will always be available, accessible, uninterrupted, timely, accurate, complete and error-free nor do we warrant any connection to or transmission from the internet.
   2. You as the user acknowledge and agree that the entire risk arising out your use of our website and services remains with you, to the maximum extent permitted by law.
10. LIMITATION OF LIABILITY
    
    1. Although we do everything in our power to ensure the accuracy and currency of the information on our website, we do not accept liability in connection with or arising from the USE or reliance on any of the information contained in our website.
    2. Under no circumstances are we, our licensors, our suppliers and the LAWtrust staff liable, whether in contract, warranty, delict, vicarious liability or any other form of liability whatsoever, for any general, direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits, loss of data, interruption, computer failure or pecuniary loss) arising out of your use or inability to use our website.
    3. Your only right or remedy with respect to any problems, dissatisfaction or other grievance with our website and/or the services is to discontinue your use thereof.
11. JURISDICTION AND COSTS
    
    1. These terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa.  Any legal proceedings arising out of or relating to these terms and conditions will be subject to the jurisdiction of the South African courts.
    2. In the event we need to instruct attorneys to protect or enforce any of our rights against you in terms of these terms of use, and should we be awarded costs by an arbitrator or court, you agree you are responsible for and undertake to reimburse us such costs on an “attorney-and-own-client” basis, as per the mandate between us and our attorneys.
12. INVALID, VOID AND UNENFORCEABLE TERMS
    Should any terms or conditions herein be deemed invalid, void or unenforceable either in its entirety or in a particular application, such shall be severable, whilst the remainder of these terms and conditions shall nonetheless remain in full force and effect.
13. ECT ACT 25 OF 2002 INFORMATION