Terms and Conditions
LEGALBRIEF WEBSITE - TERMS AND CONDITIONS OF USE
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS WEBSITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS AND CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN FURTHER USE OF THE WEBSITE IS PROHIBITED.
"Click Fraud" means a natural person, an automated script, or computer program clicking or selecting a hyperlink in an advertisement in a Website in order to imitate a legitimate user of a web browser clicking on an advertisement, for the purpose of generating a charge per click, without having an actual interest in the target of the advertisement's hyperlink.
"Consumer" means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site
"Data Message" has the meaning stipulated in the ECT Act and includes email;
"ECT Act" means the Electronic Communications and Transactions Act no. 25 of 2002 as amended from time to time.
"Juta" and/or "we" means Juta and Company (Pty) Ltd, a limited liability public company duly incorporated in the Republic of South Africa under registration number 1919/001812/06 and whose further details are set out in clause 8.
"Subscribers" means those natural or juristic persons who have entered into an agreement to subscribe to specific services offered by Juta on this Website;
"User" and/or "you" means any natural person accessing any part of this Website.
"Website" means www.legalbrief.co.za and all subsidiary pages thereof but specifically excluding links to external sites operated by third parties.
USE OF THIS SITE
The Legalbrief service is comprised of information and content, which includes but is not limited to free and subscription-based newsletters, advertising services and domestic and international news provided by Juta and third parties.
Access to certain pages of and information contained on this Website may be restricted to Subscribers.
Use of this Website is strictly at the sole risk of the User.
Any and all illegal, unlawful or fraudulent conduct, including Click Fraud, directed towards this Website or any of the services offered through it is strictly prohibited.
In order to use the Website effectively, you must as a minimum ensure that you have the hardware and software recommended by Juta for optimal functioning of and compatibility with the Website. You acknowledge that Juta does not deal in or sell any computer hardware, software or any other form of equipment required for the use of the Website, but merely provides you with the minimum suggested computer system requirements and specifications for the proper operation of the Website. The User will at all times be responsible for the purchase and installation of any computer hardware, software or other components or systems that may be required for the use of the Website.
AMENDMENTS TO CONTENT AND INFORMATION
Juta expressly reserves the right in its sole discretion to effect any amendment or alteration to the content and information, including pricing and rates provided by the automated quotation system set out in this Website.
Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration effected to the Website.
OWNER INFORMATION & REQUIRED DISCLOSURES UNDER SECTION 43 OF THE ECT ACT
Please submit any query in respect of these Terms & Conditions or the use of this Website to us in any of the following ways:
Website owner: Juta and Company (Pty) Ltd
Registered Number: 1919/001812/06
VAT Number: 4520113319
Tel. + 27 21 659 2300
Fax. + 27 21 659 2360
Registered Address and Domiciiium Citandi et Executandi 1st Floor, Sunclare Building,
21 Dreyer Street
Postal Address PO Box 14373 Lansdowne
Docex Number: DX 326, Cape Town NO OFFER
The content of the Website does not constitute any offer to Users for a Subscription. Rather, the content must be construed as an invitation to do business and obtain a Subscription.
THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". JUTA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
Subject to Chapter 7 of the ECT Act, Juta, its officers, employees, suppliers, Internet Service Providers, partners, affiliates and agents, shall not be liable for any direct damage, loss or liability, howsoever arising, incurred by Users or any other persons and resulting from the use or inability to use this Website, unless such damage was caused by the gross negligence of Juta or any or a combination of the aforegoing persons.
Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Juta disclaims all responsibility or liability for any indirect damages, economic, consequential loss or loss of profits, resulting from the use of or inability to use (including but not limited to non-receipt of services) this Website in any manner.
Juta has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the fullest possible extent permissible under law Juta disclaims any liability whatsoever to Users for any loss or damage arising from the use of third party websites, contents and features.
Juta will not be liable to you for any loss or damage, whether direct, indirect, economic or consequential in nature, suffered as a result of use of this Website if you fail to ensure that you have the minimum hardware and software recommended by Juta (as mentioned in clause 5 above) in order to use this Website effectively.
USERS AGREE TO INDEMNIFY AND HOLD HARMLESS JUTA, ITS OFFICERS, EMPLOYEES, INTERNET SERVICE PROVIDERS, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES 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 THIS WEBSITE, THIRD PARTY WEBSITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.
Juta expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this Website without notice. Accordingly, any information, including journalistic articles, in this Website is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action based on the information contained on this Website, which decision or action might affect your personal finances or business, you should consult a qualified professional advisor.
Juta offers a comprehensive range of information subscription services to individuals, groups and organisations, including e-mail subscriptions to various services.
The provision of such service is contingent upon full payment for such services being received by Juta. The Subscriber agrees and undertakes to pay the stated subscription fees in full immediately upon receipt of the relevant invoice from Juta.
The free one-month trial subscription offered by the Website has been made available as a once-off opportunity to allow a User, group or organisation the opportunity to assess the desirability of the services offered. Under no circumstances may a user, group or business abuse the trial in any way, including but not limited to:
a user using a variety of e-mail addresses in order to take advantage of the trial period more than once; and/or
a business using different e-mail addresses owned by that business in order to take advantage of the trial period more than once.
When making application to become a Subscriber, Users agree that:
they will be irrevocably bound by the terms and conditions applicable to the use of this Website;
they will provide full and accurate information;
it is the User's responsibility to check and update information pertaining to their User account;
registration is for a single User only and a subscriber's username and password cannot be shared with any other person; and
a single username and password cannot be used to allow multiple access to other users over a network.
All quotations provided by Juta whether manually created or created by the automated quotation system — are provided subject to the correct information being provided by the User to Juta. If Juta discovers, after the quotation was accepted by the User (and thus an agreement was created), that false information was provided by the User, the agreement for the subscription will be deemed to have been cancelled and Juta shall be be entitled to recover all and any monies that would have been due to Juta had the User provided the correct information in the first instance.
Every effort is made by Juta to provide accurate pricing via the automated quotation system. However, should the automated system provide an incorrect quotation, Juta reserves the right to cancel the quotation and provide the User with a corrected version.
Subscribers and Users further undertake not to:
impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
modify, access or make available any data stored on a computer device which has been accessed through Juta's network;
make available or upload files that contain software or any other material not owned or licensed to the Subscriber and/or User; and
make use of the Website to collect, disseminate or otherwise obtain personal information relating to other Users or Subscribers
Juta expressly reserves it rights in respect of any abuse of the free or paid-for subscription services offered through this Website and will pursue prosecution of and compensation from any party which receives or attempts to receive any service to which he, she or it is not entitled.
The granting of a subscription, whether free or paid-for, is entirely within the discretion of Juta and may, without limiting such discretion, be refused where Juta reasonably suspects abuse of this Website or where the provisions of these Terms and Conditions of Use are breached.
RECEIPT OF DATA MESSAGES
Data Messages, sent by Users and Juta to each other shall be deemed to be received only when acknowledged or responded to.
A Data Message shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee.
Juta reserves the right not to respond to any Data Message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such Data Message where necessary.
Users should be aware that filtering technology employed by internet service providers, employers and others may result in the non-delivery of a service subscribed to. Juta takes reasonable efforts to ensure that subscription services are not stopped by filtering technology used by Juta and will make reasonable attempts to remedy non-delivery where it is notified thereof. If you have not received a subscription service please notify us.
MONITORING AND INTERCEPTION OF COMMUNICATIONS
In order to provide a relevant and secure service, and where required to do so under law, Juta may monitor and/or intercept communications (including Data Messages) which are sent to this Website. To the full extent necessary under law the User hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto in terms of sections 5 and 6 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002.
SUBMISSION AND UPLOADING OF CONTENT
This Website offers a service through which Users may submit links to their websites, employment opportunities and events. Further functionality in this regard may be added from time to time.
Juta reserves the right, in its sole and absolute discretion, to approve or refuse any submission and submissions will only be posted online once approved.
Juta further reserves the right, in its sole and absolute discretion, to remove any submissions on such grounds as it may deem fit.
Any content received by Data Message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the Data Message.
Any unsolicited information or material sent to Juta will be deemed not to be confidential, unless otherwise agreed to in writing by Juta.
REMOVAL OF CONTENT - NOTICE OF OBJECTION
If Juta receives a valid notice of objection relating to any content that is posted on this Website then Juta, subject to the provisions of this clause, will remove the content as contained on the Website.
A valid notice of objection must be emailed or faxed to Juta and include:
full names and address of the complainant;
written or electronic signature of the complainant;
identification of the right that has allegedly been infringed;
identification of the material or activity that allegedly infringes this right;
the remedial action requested;
the telephonic and electronic contact details of the complainant;
a statement that the complainant is acting in good faith; and
a statement that the information is true and correct.
- If Juta receives a notice of objection that complies with the above requirements and Juta is of the view that the objection is legally valid, Juta will remove the content and inform the complainant and, if necessary, the third party that posted that material immediately.
- Juta expressly disclaims any liability which may arise as a result of the removal of content pursuant to the receipt of a valid notice of objection.
We take reasonable precautions to protect the security of the Website. However, due to the nature of the Internet, we cannot guarantee that this Website is error-free. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Juta also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
The following acts in connection with this Website are expressly prohibited:
gaining or attempting to gain unauthorised access to any web page or part of this Website;
delivering or attempting to deliver any unauthorised or malicious code or content to this Website; and/or
any amendment to or attempt to amend any of the content or any other part of this Website by unauthorised persons.
- We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on or part of this Website.
COPYRIGHT AND INTELLECTUAL PROPERTY PROTECTION
Copyright in all information, logos, images, source codes and other original material contained in this Website, which is not attributed to a third party, is held by or licensed to Juta. Juta asserts and reserves all its rights, including moral rights, in this regard. No right, title or interest in any proprietary material or information contained in this Website is granted to users other than set out below.
Juta grants to Users a personal, non-exclusive, non-assignable and non transferable license to view, copy, download to a local drive, print and display all content and information from the Website on any machine of which the User is the primary user provided that such use:
is for information purposes only;
is for non-commercial purposes or within a non-commercial website; and
any reproduction must acknowledge this Website as the source of the information in a proper copyright notice.
Users are required to inform Juta of any proposed commercial use by e-mailing email@example.com.
Users wishing to utilise content for their own commercial purposes may do so only with the prior written permission of Juta. Requests for commercial use may be submitted by e-mailing firstname.lastname@example.org. The granting or refusing of permission is completely within the discretion of Juta, and may be conditional.
Users are requested to note that intellectual property rights in certain material and/or information contained on this Website may vest in a third party other than Juta and that the user is under a legal duty to respect such rights.
48 Juta respects your privacy and is committed to the voluntary privacy protection principles contained in Chapter 8 of the ECT Act.
49 The User's attention is drawn to the fact that information transmitted via the Internet, including e-mail, is susceptible to monitoring and interception. The User is therefore discouraged from transmitting to the Website or Juta any information that may be confidential, proprietary, or sensitive. The User shall bear all risk of transmitting such information in this manner and under no circumstances will Juta be liable for any loss, harm, or damage suffered by the User as a result thereof.
50 The Website owner reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should Juta deem it necessary.
51 Where you submit personal information (such as your name, address, telephone number, e-mail address to the Website, for example through sending an e-mail or filling in required fields, the following principles are observed in the handling of that information:
51.1 Juta collects, processes and stores only such personal information regarding users as is necessary to provide the services offered. The specific purpose for which information is collected is apparent from the context in which it is requested.
51.2 Juta will not use the personal information submitted for any other purpose other than the efficient provision of services, including this Website and services offered through it by third parties, without obtaining the prior written approval of the User or unless required to do so by law. The names and e-mail addresses of Subscribers and persons taking advantage of the trial offer are retained for verification purposes.
51.3 Juta will keep records of all personal information collected and the specific purpose for which it was collected for a period of at least one year from the date on which it was last used.
51.4 Subject to clause 51.2 above, Juta will not disclose any personal information regarding a User to any third party unless the prior written agreement of the User is obtained or Juta is required or permitted to do so by law.
51.5 If personal information is released with the User's consent, Juta will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of one year after such release.
51.6 Juta will destroy or delete any personal information under its control, which has become obsolete.
52 Juta will not utilise personal and other information submitted by Users through the use of this Website in order to provide further information about the Website and related services unless users have expressly given prior permission.
54 Note that, as permitted by the ECT Act, this Website may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
55 In order to provide the best possible and most relevant service, this Website utilises cookies. A cookie is a small file that is placed on the User's hard drive in order to keep a record of a user's interaction with this Website and facilitate user convenience.
55.1 Cookies from this Website allow Juta to tailor advertising and other services to your displayed preferences. The Website may use third party cookies from an adserver for this purpose.
55.2 Cookies by themselves will not be used to personally identify Users but will be used to compile anonymous statistics relating to use of services offered or to provide us with feedback on the performance of this Website.
55.3 The following classes of information will be collected in respect of Users who have enabled cookies:
55.3.1 The browser used;
55.3.2 IP address;
55.3.3 Date and time of activities while visiting the Website;
55.3.4 URLs of internal pages visited; and,
56 If a user does not wish cookies to be employed to customize his or her interaction with this Website it is possible to alter the manner in which their browser handles cookies. Please note that, if this is done, certain services on this Website may not be available.
57 Users may obtain a record of the personal information relating to them held by Juta by e-mailing email@example.com.
58 Where a User believes that personal data concerning them held by Juta is outdated or incorrect they may request that such personal data be corrected by e-mailing firstname.lastname@example.org. Any request for such a correction must specify both the incorrect data and the proposed correction and must give full reasons for the request.
59 You may request that Juta cease sending you any information or request that your personal information be removed from our database at any time by e-mailing email@example.com.
61 While reasonable measures are taken to ensure the security and integrity of information submitted to or collected by this site, this Website can not under any circumstances be held liable for any loss or other damage sustained by a user or users as a result of the release of information by Juta, an employee of Juta or any third party where such release was not due to any fault on the part of such persons.
62 We regard the safety and privacy of children using this Website extremely seriously but it remains the ultimate responsibility of the parents and other care-givers of children to ensure that they are not exposed to inappropriate content or behaviour.
ADVERTISING AND SPONSORSHIP
63 This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.
64 Juta accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
65 Automated transactions and searches are subject to these terms and conditions.
66 The use of malicious search technology is prohibited.
67 The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
68 Search technology which does not unduly retard the operation of this Website is acceptable but Juta reserves the right to prohibit any specific entity from employing search technology on the Website.
HYPERLINKS, DEEP LINKS, FRAMING AND WEB CRAWLERS
69 Persons, business and websites are may link to this Website only with the written permission of Juta. Requests for such permission must be done by e-mailing details of the link and the page to which it points to firstname.lastname@example.org.
70 Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.
71 Use of the sites or pages linked to is accordingly exclusively at the risk of the User.
72 The express permission in writing of Juta, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be submitted by e-mailing email@example.com.
73 While the use of web crawlers and search software is permitted on this Website, Juta reserves the right to restrict the use of web crawlers in whole or in part as it sees fit. You may not save the whole or any part of the source code of the Website nor may a person use any technology or application that extracts the source code of the Website and saves this information.
74 The user of electronic agents to harvest personal information from Juta is strictly prohibited.
75 Juta reserves the right, in its sole and absolute discretion and on written notification where possible, to terminate the provision of this Website and/or to terminate the access rights of any User where, for example and without limitation:
75.1 Juta regards the action or inaction of a User to constitute a breach of these terms and conditions;
75.2 Juta regards the action or inaction of a user to constitute abuse of the services offered through this Website; and/or.
75.3 events beyond the reasonable control of Juta, including technical failures, prevent the continuing provision of the Website.
WHAT LAW GOVERNS THESE TERMS AND CONDITIONS?
76 Subject to the dispute resolution provisions below, the User hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of the Republic of South Africa.
77 This Website is owned, hosted and maintained within the Republic of South Africa.
78 When using this Website and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.
79 Users of this Website are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the ECT Act.
80 By accessing this Website you acknowledge and agree that in the event of any dispute or purported dispute arising out of use or inability to use this Website, or claim in respect of any service or product offered through the Website, or on any matter provided for in, or arising out of these terms and conditions, then that dispute shall be submitted to The Arbitration Forum and decided by mediation or arbitration, in accordance with The Arbitration Forum's Mediation and Arbitration rules.
81 Any dispute will be resolved in Cape Town, South Africa, in English, in accordance with the law of the Republic of South Africa.
AMENDMENT OF THE TERMS AND CONDITIONS
82 Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the foot of this page. You are accordingly encouraged to check the Website regularly.
83 We will attempt to give notice of any amendments, but reserve the right to effect amendments, additions or deletions from time to time without notice. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
ENFORCEABILITY & WAIVERS
84 Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this Website.
85 Any failure by Juta 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.
86 In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of these terms and conditions.
87 These Terms and conditions contain the record of the entire agreement between the User and Juta regarding the subject matter thereof.
88 Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
DATE OF LAST REVIEW JANUARY 2015