Website Terms and Conditions of Use : These Terms and Conditions (“the terms and conditions”) govern your (“the User”) use of the www.legalnewsletter.co.za (“Provider”) Website located at the domain name www.legalnewsletter.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the terms and conditions set out in this legal notice. If the User does not wish to be bound by these terms and conditions, the User may not access, read, display, print, use, download and/or otherwise copy or distribute content obtained at the Website.
Updating of these Terms and Conditions : Provider reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these terms and conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these terms and conditions, including such changes or updates.
Copyright and Intellectual Property Rights : Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program Carrying Signals, Published Editions and Computer Programs (“the content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner, of such rights (“the owners”) and is protected by South African and international copyright laws. The Providers reserve the right to make changes to the Website, the content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the content is reserved and retained by the owners. Except as specified in these terms and conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content.
Limited License to General Users
- Provider grants to the User, subject to the further terms of these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content for personal, non-commercial and information purposes only;
- This Website and the content may not be reproduced, duplicated, copyrighted, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider;
- The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the content for the benefit of another merchant;
- The User may not frame nor use framing technologies to enclose the Provider Website or the content nor any part thereof without the express prior consent of Provider;
- Provider and the owners do not offer products or services to minors. If you are under the age of 21, you may not respond to or otherwise accept or act upon any offers in the Website;
- Provider and owners, their affiliates and subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in tehir sole discretion;
- Any unauthorised use terminates this license.
Limited License to Registered Users
- Provider allows and processes the registration of certain corporate Users ("the registered User") at the Website. If you believe you are entitled to registration, please complete the user form.
- Subject to the further terms of these terms and conditions, a non-exclusive, non-transferable, limited and revocable right is granted to registered Users to access, display, use, download and otherwise copy the current and future content for the purposes agreed to by the registered User and Provider in their respective agreements.
- This Website and the content may only be reproduced, duplicated, copied, resold, visited or otherwise exploited for the specific purposes set out in that agreement.
- The license does not allow the registered User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the content for the benefit of another merchant.
- The registered User may not frame nor use framing technologies to enclose the Provider Website or the content nor any part thereof without the express prior consent of Provider.
- Provider and the owners, their affiliates and subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Any unauthorised use terminates this license.
Limitation of Liability : The Website and all content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The owners make no warranty or representation as to the availability, accuracy or completeness of the content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked Website, even if Provider is expressly advised thereof. None of the information on this website should be misconstrued as legal advice relevant to the particular situation within which you find yourself. The site is a promotional site and should be used accordingly in conjunction with advice received from other parties. Each case is different from another and each requires individual consultation and consideration that general advice on a website cannot provide. Legislation referred to, or contained on the site, may, have been amended subsequently by Parliament. The dates referred to are Court dates allocated by the courts and the information, while the best we have to hand, obviously cannot be guaranteed or reliance placed upon. In particular in the High Court there can be quite a lag period between the application for a date and the notification of such date meaning that the date reflected is not the current date being allocated.
Privacy, Access To and Use of Information : Provider receives various types of information (“the information”) from Users who access the Website. Provider makes every effort to protect any information received by it. Despite such undertaking, it is possible for Internet based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. The owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the owners through the Internet, or that you expressly or implicitly authorise the owners to make, or for any errors or any changes made to the transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Provider, the User to urged to take care to read and understand the underlying privacy clauses incorporated in these terms and conditions :-
Privacy : casual surfing : The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed etc. Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information and may copy, distribute, or otherwise use such information without limitation.
Privacy : unsolicited information : If the User posts unsolicited content or other information (“the information”) to the Website, and unless otherwise indicated, then the User grants to the owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. The User grants to the owners the right to use the name that the User submits in connection with such information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the information that the User posts, that the information is accurate; that by the supply of the information to Provider, the User does not violate this policy and does not infringe the rights of any person or entity; and that the User indemnifies the owners for all claims resulting from the receipt by the Provider of the information the User supplies to it. Provider reserves the right but not the obligation to monitor and edit or remove any information, where posted to public pages. Provider takes no responsibility and assumes no liability for any information posted by the User or any third party.
Privacy : unsolicited information the User gives to Provider : Provider requires certain personal information to process transactions if the User requires any of Provider’s products or services. Provider receives and stores all information the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain information, but that may limit the services or products that the User may wish to obtain from this Provider. Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.
Privacy : promotional information
: Provider aspires to provide first class service to its customers, which necessitates Provider providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt out of such information circulars. For more information, please call the Provider Help Desk, or send an email to [email protected]
: The user grants permission to the Provider to enter the user’s cellular number onto its SMS database, if supplied by the user, for the purpose of promotional SMS’s advertising. If the user requires his or her number to be removed from this database the user may address an e-mail in this regard to [email protected]
Privacy : business transfers : Provider may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer information will be one of the transferable assets.
Privacy : lawful purposes : When the Provider is served with due legal process requiring the delivery of personal customer information, it has the legal duty to abide by that demand, and will do so.
Privacy : surveys : Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Provider will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt out from such surveys.
Competitions: Any competitions will be run according to the rules of such competition.
Choice of Law : This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa. The Providers make no representation that the content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside South Africa, that User is responsible for compliance with all local laws. These terms and conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions constitutes the entire agreement between the Provider and the User with regard to the use of the content and this Website.
External links: This website provides links to other websites. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information and content provided by the external link is done so at your own risk. Third party advertising and promotional material may be displayed on the site from time to time, and the display of such material should not be construed as the website endorsing or creating any relationship between the website and that third party. Reliance on any such promotional or advertising material is entirely at your own risk.
Law Society Rules and Regulations: This site is clearly identified as an information site provided by de Broglio Attorneys of Parkwood, Johannesburg. The information on this site relates to the Gauteng area, and the rules applicable to attorneys practising in the area.
Attorney-client relationship and confidential information: The use of this website does not constitute the forming of an attorney client relationship with our firm and nor does it provide you with attorney-client privilege in respect of any communications you may make with us. Use of this website does not constitute an invitation to the user to communicate confidential information to us. The user furthermore agrees that the law firm will have no duty to either retain the information, or keep confidential any information the user may choose to transmit to the law firm. Before communicating any information to any attorney over the Internet, or via any other format, you should first establish if that attorney to whom you intend communicating the information, represents an opposing party in your matter or is prevented from taking your case due to a conflict of interest, or any other reason.
General: In addition to our normal terms and conditions, which are contained here and which bind your use of the site and receipt of the newsletter, we draw to your attention the following additional specific conditions, which by registering with this site you agree to as additional terms of your receipt of the personal injury newsletter:
- Receipt of this newsletter is not automatic and is at the sole and utter discretion of Michael de Broglio who shall be free to remove you from the newsletter and website database at any time, and refund on a pro-rata basis, any subscription paid by you, if any at all. Termination of our mandate will constitute a ground for your removal from our database.
- When bringing you news and opinions we do so on available information in good faith. In many instances this cannot be verified and it is possible it may turn out to be inaccurate. You should not base any business or other decisions on information you obtain via this site or the newsletter, but accept the responsibility to obtain such information, or verify it, yourself. In this regard you obviously waive any and all claims against any party relating to the contents of the newsletter or this website.
- Neither Michael de Broglio, nor any other person or entity is available for discussions, queries or correspondence with regard to issues discussed in the newsletter or any other queries other than on a professional, paid basis. We simply cannot deal with the volume of queries received in the past.
- You are not permitted to forward newsletters to any other parties. Should you do so, you will not only be removed from the database, but agree that you will be liable for damages.
Contact Details : This site is a information site of de Broglio Attorneys. In the event that you need to contact Provider for purposes relating to these terms and conditions, please use the following :-
© MICHAEL DE BROGLIO 2008