LEGALESE TERMS AND CONDITIONS OF USE AND SERVICE

Legalese strives to make very customer interaction a pleasure by ensuring that we fulfil our duties and obligations to every single one of our valued users, customers and patients. In order to do so, we would like to take this opportunity to share with you our Terms and Conditions of Use and Service, where all users, customers and patients of Legalese can see the exact details of how we value professional transparency and devotion in all of our online operations.

By accessing or using store.legalese.co.za or any of its associated blogs or online platforms (“the Website”), owned and operated by Legalese Solutions (Pty) Ltd. (registration number: 2014/250183/07) (“Legalese”), you agree that you have read, understood and consent to be bound to the terms and conditions contained herein (“the Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Legalese.

Please pay specific attention to the BOLD paragraphs of the Legalese Terms. These paragraphs limit the risk or liability of Legalese or a related third-party, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Legalese or is an acknowledgement of any fact by you.

Please read these terms carefully before accessing or using the Website.

The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever, including each user who registers as contemplated below. Accordingly, the terms “us”, “our” or “we” used refer to Legalese or its possession.
Please use these hyperlinks to jump to specific important sections in these Terms: Privacy Policy terms, Disclaimer, Intellectual Property terms.
Not all terms are defined in order.
These Terms were last update on 24/05/2019.

INTRODUCTION

Legalese provides an online information and shopping platform which, amongst other services, enables users to find out more about Legalese, its legal advisory services and products, engage with cutting-edge legal articles as well purchase high quality legal products from Legalese (function as a “Buyer/s”), who owns and sells the various legal products which are showcased on the Website from time to time (“Services”).
In order to buy any Legalese product listed on the Website (“the Product”), or use certain other Services, users must successfully submit and register certain information on the Website, and create their own unique profile (“Profile”).
. Please contact store@legalese.co.za for further information on any of the Terms.
Supplemental terms may apply to certain Services, such as for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms, for the purpose of the Services.
Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. You must not use this Website for any illegal activity or if you do not agree to the Terms.
By using the Website and/or Services, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you must not use the Website nor the Services.

USER REGISTRATION PROCESS

In order to use certain features of the Website, such as making purchases, you must complete the registration process detailed on the Website and create your own Profile. Each user agrees to provide accurate, current and complete information during the registration process.
Legalese requires you to submit your full name, e-mail address, and phone number when registering a Profile. Users may then setup additional features of their Profile, including billing address and shipping address which setup may require further information to be submitted, as prompted by the Website.
To protect your privacy and security, the Website takes reasonable steps to verify your identity by asking you for the input of your username and password, in order to grant access to your Profile and data.
By entering your personal information on the Website, Legalese is entitled to assume that the person using the Website is you. You are responsible for keeping your Website information safe and private, and any actions performed on the Website using your information will be assumed to be you, and hence, you should not share your log-in details or password with anyone.
You agree that, once your required information for an order has been entered and submitted as required to the Website, irrespective of whether the use of your information is unauthorised or fraudulent, you will be liable for payment of such order, except where the order is cancelled by you in accordance with the Terms.
You agree to notify Legalese immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your personal/Website information and to take steps to mitigate any resultant loss or harm.
By submitting your personal information to the Website, you consent to Legalese processing this information as per our Privacy Policy terms.

LEGALESE’S SERVICES

For further and exact information on the various Services currently offered by Legalese, or those specific to you, please consult the relevant Shop pages on the Website or please contact store@legalese.co.za who will gladly assist.
For general information purposes, and subject to further information relating to these Services made available by Legalese on the Website or elsewhere, the following details some of the exciting offerings which constitute our Services available to users:

Searching for and purchasing Legalese Products:

Users may search for and purchase high-quality legal Products which are produced by Legalese’s excellent admitted attorneys.
Once a Buyer purchases Product from Legalese, Legalese will provide the Buyer with the requisite process information to follow, and how the instruction shall be completed with involvement between the relevant attorney and the Buyer.

Engage with our Blog, Product Reviews and Suggested links:

Users can subscribe to our excellent blog, and make their opinions known using our private and public messaging boards.
We may also provide links to third-party websites and/or social media platforms housing relevant and interesting content related to Legalese and/or its Services or related content.
Certain products may permit reviews.

To terminate your use of the Services or the Website, please see clause 15 below.
Legalese may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or Product obtained through the use of the Services and/or Website, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you.

CONCLUSION OF SALE FOR ALL PRODUCT PURCHASES

Registered users may place orders for Product, which Legalese may accept or reject. Whether or not Legalese accepts an order depends on the availability of practitioners to complete the Product as ordered, correctness of the information relating to the Product (including without limitation the price) and receipt of payment or payment authorisation by Legalese for the Products.
NOTE: Legalese will indicate the acceptance of your order by email, and only at that point will an agreement of sale between you and Legalese come into effect (the “Sale”). This is regardless of any communication from Legalese stating that your order or payment has been confirmed. Legalese will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to the order confirmation email, you may cancel an order at any time provided you do so before receiving a order confirmation email.
Placing Product in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Product, and as such, Product may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Legalese liable if such Product is not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that the availability of all Product on offer is limited and that pricing may change at any time without notice to you. Legalese will take all reasonable efforts to monitor Product availability levels and ensure that when availability is no longer apparent, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of Products. When Product is no longer available after you have placed an order, Legalese will notify you and you will be entitled to a refund of any amount already paid by you for such Product.
Legalese shall take all reasonable efforts to accurately reflect the description, availability, purchase price and any ancillary charges of Product on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence nor fraud), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Cancellations provisions below.

PAYMENT METHOD

Legalese is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service providers.
When purchasing Product from Legalese and following the payment prompts when ordering Product, payment must be affected using PayFast, Zapper, SnapScan and direct bank transfer and their respective gateways on the Website.
The Buyer must pay the full price of the Product in order to reserve and purchase the Product. All Products sold are final, subject to our clause on Cancellations below.
All amounts shall be inclusive of Value Added Tax (“VAT”) at checkout, but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law.
On payment, you will receive a receipt for your purchase. At the next daily accounting reconciliation period, a tax invoice will be generated and sent to you. You may contact us via email at accounts@legalese.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.
When using PayFast:
1. The Website uses and stores payment information with PayFast Proprietary Limited with registration number 2007/011558/07 (“PayFast”) as an offsite third-party payment gateway to keep your banking details secure.
2. Users may need to set up a PayFast account and will be bound to any PayFast terms and conditions.
When using SnapScan:
1. The Website uses and stores payment information with FireID Payments Proprietary Limited with registration number 2011/133174/07 (“SnapScan”) as an offsite third-party payment gateway to keep your banking details secure.
2. Users may need to set up a SnapScan account and will be bound to any SnapScan terms and conditions.
When using Zapper:
1. The Website uses and stores payment information with Wonderwill Limited, a company incorporated in Gibraltar with registration number 105547 (“Zapper”) as an offsite third-party payment gateway to keep your banking details secure.
2. Users may need to set up a Zapper account and will be bound to any Zapper terms and conditions.

CANCELLATIONS

Once a Product is purchased by a Buyer, Legalese will send an automated e-mail to the Buyer confirming the Sale and the forms and questionnaires we require to be completed for completion of your instruction.
A Buyer can cancel an order before receipt of the order confirmation email.
The Product is drafted and dispatched in a state which Legalese confirms as being correct and compliant with the laws of South Africa and as represented on the Website. Legalese is therefore not liable for any changes, use or manipulation of a Product beyond the final delivery of it to a Buyer (after all drafting and consultation stages have been completed), or any effects that derive therefrom, which could have an effect on a Product or its efficacy.

USER RESPONSIBILITIES AND WARRANTIES

By using the Website, you warrant that:
1. you have read and agreed to these Terms and will use the Website in accordance with them;
1. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
2. you have the legal capacity to understand and be bound by the Terms and are the age of majority in your country of residence;
3. you will not post, upload, replicate or transmit any abusive content on or through the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
4. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
5. you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute (see the Intellectual Property terms for more information);
6. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services and/or devices; and/or
7. you will not facilitate or assist any third party to do any of the above.
The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
Without prejudice to any of Legalese’s other rights (whether at law or otherwise), Legalese reserves the right to deny you access to the Website where Legalese believes (in its reasonable discretion) that you are in breach of any of these Terms.
Legalese does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

RECEIPT AND TRANSMISSION OF DATA MESSAGES

Data messages, including e-mail messages, sent by you to Legalese will be considered to be received only when acknowledged or responded to.
Data messages sent by Legalese to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
Legalese reserves the right not to respond to any communication, e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
Whilst all reasonable care is always used by Legalese, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Legalese is therefore not responsible for the accuracy of any message sent by email over the internet, whether from Legalese to a user or from a user to Legalese.

USE OF PERSONAL INFORMATION AND PRIVACY

Legalese adheres to the highest standards of protecting your personal information when using the Website or conducting a transaction. As such, we have created these specific and detailed Privacy Policy terms for you to read and appreciate exactly how we safeguard your personal information and respect your privacy, to the highest standards. For more information regarding your personal information lawfully stored or used by the Website or Legalese, please contact store@legalese.co.za who will gladly assist.

Personal information collected from you:

Should you decide to register with or function as a user/Buyer on the Website, Legalese may collect, collate, process, and use the following types of information about you when you use the Website (“personal information”):
1. Information provided by the user. Legalese collects personal information (that is information about the user that is personally identifiable like the user’s name, address, e-mail address, billing address, shipping address, VAT number, phone number(s) and other unique information such as user IDs and passwords, banking/accounting/payment gateway account information, product and service preferences and contact preferences that are not otherwise publicly available); and
2. Information that is collected automatically. Legalese receives and stores information which is transmitted automatically from the user’s computer when the user browse the internet. This information includes information from cookies (which are described in clause 9.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
3. Should your personal information change, please change it by logging into your account or inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Legalese is however under no obligation to ensure that your personal information or other information supplied by you is correct.
4. You warrant that the personal information disclosed to Legalese is directly from you as the user/Buyer on the Website or in connection to the Services, and all such personal information is lawfully yours to provide.
5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

How we use your personal information:

Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website, Product and/or Services, and you have hereby expressly consented to this, but we will not, without your express consent:
1. use your personal information for any purpose other than as set out below:
  1. in relation to the ordering, sale and creation of a Product;
  2. to contact you regarding current or new Product or Services or any other Product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same contact);
  3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same correspondence); and
  4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
2. disclose your personal information to any third party other than as set out below:
  1. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Product or when delivering Product to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
  2. to our divisions and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Product or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through same correspondence with us);
  3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other Policies; and
  4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Legalese is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

How we process your personal information:

We will ensure that all of our employees, third-party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Legalese’s in relation to your personal information.
We will:
1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3. provide you with reasonable access to your personal information to view and/or update personal details;
4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
5. provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Legalese undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Legalese, Legalese shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Cookies provision:

This Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms and the Website’s other Policies.

Your rights in relation to your personal information processed by us:

The user is entitled to request access to any relevant personal data held by Legalese and where such access is necessary for you to exercise and/or protect any of the user’s rights.
If you have opted to receive e-mails from Legalese, your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
Legalese agrees not to use the users’ provided electronic mail address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
You have the right to opt-out of receiving electronic mail communication by following the directions posted on every electronic mail communication.
Legalese will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of Legalese, its affiliates or the public. Legalese may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
Legalese reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, Legalese will notify you beforehand.
Circumstances may arise where, whether for strategic or other business reasons, Legalese decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Legalese’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these Privacy terms.
Legalese strives to keep the user’s personal information accurately recorded. Legalese provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact store@legalese.co.za to engage Legalese on such actions or requests.
Users may request Legalese to review the personal information which it holds and may request for Legalese to delete such information. The deletion of any information may result in certain Website services being unavailable.

INTELLECTUAL PROPERTY

All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, templates, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Legalese, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Legalese first being granted, which consent may be refused at the discretion of Legalese. No modification of any intellectual property or editorial content or graphics is permitted.
Legalese reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website will not be affected by such suspension or termination (as the case may be).
Where any of the Website intellectual property has been licensed to Legalese or belongs to any third party, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Any enquiries regarding any of the above relating to intellectual property must be directed to Legalese at store@legalese.co.za.

ADVERTISING AND SPONSORSHIP

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
Legalese, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

DISCLAIMERS AND INDEMNITIES

DISCLAIMERS

The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Legalese makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
All information or opinions of users made available on the Website in relation to any of the services or Products are those of the authors and not Legalese. While Legalese makes every reasonable effort to present such information accurately and reliably on the Website, Legalese does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
Legalese, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom.
Legalese, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation of sales, the Product, access to, or use of, the Website in any manner.
Legalese takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Legalese does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.

INDEMNITIES

The user indemnifies and holds harmless Legalese, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website, Products or Services offered or ordered through the Website in any way.
The user agrees to indemnify, defend and hold Legalese harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and/or arising out of or in connection with the user’s use of the Website, Products or Services offered or ordered through the Website in any way.
This clause will survive termination of this agreement.

DISPUTE RESOLUTION

Should any dispute, disagreement or claim (“dispute”) arise between the parties concerning this Website or Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Should the parties fail to resolve such dispute in the aforesaid manner or within such further time period as the parties may agree to in their negotiation, then they shall use the services and assistance of any applicable regulator and/or ombud, or finally, by binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”), with an arbitrator selected by Legalese.
Arbitration proceedings shall be conducted in Cape Town, in English.
Notwithstanding the above, both parties’ consent to the non-exclusive jurisdiction of the Magistrate’s Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court.
The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable legislation.

TERMINATION

Legalese reserves the right to terminate and cancel your Profile and access to the Website and/or Services if you breach any of the Terms, or for any other reason provided that Legalese gives reasonable notice to you with written reasons for the cancellation.
If you wish to terminate your agreement with the Terms and with Legalese, you may do so by discontinuing your use of the Website.
The obligations and liabilities of the parties incurred prior to the termination date of the agreement and/or use of the Website shall survive the termination of this agreement for all purposes, including the payment of any fees due and payable by a user to Legalese for the purchase of any Product prior to termination.

NOTICES AND SERVICE ADDRESS

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
1. in the case of Legalese, at 190A Buitengracht Street, Cape Town, South Africa, 8001; and
2. in the case of the user, at the e-mail and addresses provided by the user to Legalese in the user’s Profile.
Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail. Unless the contrary is proved, any notice:
1. sent by prepaid registered post will be deemed to have been received on the 5th (fifth) Business Day after posting;
2. any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the date of delivery;
3. transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the day of transmission.
The term “Business Day” means any day other than a Saturday, Sunday or public holiday in South Africa.
Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

GENERAL

This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clauses above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
No indulgence, leniency or extension of time granted by Legalese shall constitute a waiver of any of Legalese’s rights under these Terms and, accordingly, Legalese shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
Should you have any complaints or queries, kindly address an e-mail to info@legalese.co.za advising Legalese of same.
In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Legalese in relation to the payment failure or breach.
No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.8.

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