PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND/OR USING THE ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OR CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF THIS WEBSITE AND/OR USE OF THE ONLINE SERVICES.
Terms and Conditions of Use
Any person accessing this website (user) is subject to, and agrees to be bound by, the terms and conditions set out herein. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use or download and/or otherwise copy or distribute content obtained at this website.
1. Intellectual Property Rights
1.1. Except as otherwise expressly stated herein, the copyright and all other intellectual property in the contents of this website (including, but not limited to, all software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publication, product, process, or ideas described in this website) are the property of Benater Attorneys (“BA”). As such, they are protected from infringement by South African legislation and international treaties and conventions and they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of BA.
1.2. All trade marks, service marks and logos used in this website are the property of BA and/or the respective third party proprietors identified in this website. No license or right is granted and your access to this website and/or use of the online services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade marks, service marks or logos appearing on the website without the prior written consent of BA or the relevant third party proprietor thereof.
2.1. This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. This site should not be used as a substitute for competent legal advice from a professional attorney. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. Please feel free to contact Benater Attorneys via e-mail or otherwise. However, please be advised that an attorney-client relationship is not created through the act of sending electronic mail to us. The comments on the blog are solely the opinions of the individuals leaving them. Benater Attorneys in no way endorse, condone, agree with, sponsor, etc. these comments. Further, any information provided on this website or in the comments should be taken at your own risk. The information contained in or accessed through this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
2.2. It is the sole responsibility of the user to satisfy itself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software. Information, ideas and opinions expressed on or accessed through this site should not be regarded as professional advice or the official opinion of BA or any legal entity in respect of which information, ideas and opinions are expressed on or accessed through this website. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on or accessed through this site.
2.3. BA makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this site are free from errors or omissions or that the service will be 100% uninterrupted and error free or will meet any particular criteria of performance or quality. This site is provided “as is”. BA expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, truth, accuracy, adequacy, completeness and reasonableness and makes no express or implied representations or warranties regarding the content of the website or the information and materials accessed through this website.
2.4. The use of the content of this website is at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this site. BA or any of the legal entities in respect of which information are contained on this site, or employees of BA or such other entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this document or information. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, BA shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
2.5. Certain links in the web server lead to resources maintained by third parties over whom BA has no control. BA makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.
2.6. The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions Act 25 of 2002 is hereby excluded from applying to any electronic communications and data messages that a user sends to BA via this website. Any communication or data message that a user sends to BA will be regarded having been received by BA when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with BA. BA shall not be liable for any failure to respond.
3.1. Any person, business, or entity that delivers or attempts to deliver any unauthorized, damaging or malicious code to this website, to gain unauthorized access to any page on this website, to tamper with any of the content or pages that constitute this website or duplicate such pages or content shall be prosecuted to the full extent of the law, and civil damages shall be claimed in the event that BA suffers any damage or loss as a result of such actions.
3.2. We welcome third party websites to link to the information that is hosted on these pages. It is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of BA.
For your convenience, BA may include hyperlinks to websites on the Internet that are owned or operated by third parties. Such linked websites are not under the control of BA and it cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided in this website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by BA. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of use contained therein.
5. Registration and Password
BA’s website service requires users to complete the registration process by providing BA with current, complete and accurate information as prompted by the applicable registration form. Registered users will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are entirely responsible for any and all activities that occur under your user name account. You agree to notify BA immediately of any unauthorized use of your account user name or any other breach of security. BA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BA or another party due to someone else using your account use name or password. You may not use anyone else’s account user name at any time, without the permission of the registered user account holder.
6. Email Messages
BA does not guarantee that email messages sent to and from BA over the Internet will be completely secure. Under no circumstances will BA be liable for any damages incurred or sustained by you in connection with or arising from any message transmitted via the Internet by you to BA, or by BA to you and/or at your request.
7. Inherent Nature of the Internet
You acknowledge and accept that the inherent nature of the Internet is such that transmissions may be subject to interruption, interception, hacking, transmission blackout, delayed transmission and/or incorrect data transmission. BA will not be liable for malfunctions in communications facilities not under its control that may affect the accuracy, authenticity or timeliness of messages and transactions that may be sent and does not warrant that any identified defect will be corrected.
8. Exclusion of Liability
8.1. does not warrant or assume any liability or responsibility for the accuracy, completeness or usefulness of the information and tools provided. If errors are brought to our attention, we will try to correct them;
8.2. makes no claims, promises or guarantees as to the completeness or usefulness of the facts, views, advice, opinions and recommendations of BA;
8.3. will not be liable to any person using this website, or any cessionary or third party claiming through or on behalf of any of these entities or persons, in respect of any claim whatsoever, whether in contract, or otherwise, for any loss, damages, costs or expenses directly or indirectly incurred as a result of any of these entities or persons using this website.
You hereby agree to indemnify and save BA harmless against all damages, losses, expenses and costs (including legal costs) suffered or incurred by BA in connection with or arising from:
9.1. your access of this website and/or use of the online services; or
9.2. any other party’s access of this website and/or use of the online services using your user id and/or login password; or
9.3. your breach of any of these Terms and Conditions of Use; or
9.4. any other party’s breach of any of these Terms and Conditions of Use where such party was able to access this website and/or use the online services by using your user id and/or login password.
10. Our Address for Notices and Service of Legal Process
Our chosen address for any legal notice is: P.O. Box 317, Melrose Arch, 2076, South Africa.
11. Governing Law and Jurisdiction
Nothing herein shall be construed as a representation by BA that the information and materials contained in or accessed through this website is appropriate or available for use in geographic areas or jurisdictions other than the Republic of South Africa. By accessing this website and/or using the online services, you agree that such access and/or use, as well as these Terms and Conditions of Use shall be governed by, and construed in accordance with the laws of the Republic of South Africa and you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
These terms and conditions of use constitute the entire professional or other relationship between BA and the user of this website. Any failure by BA 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. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
13. Updating of these terms and conditions
BA reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions of Use from time to time. Changes to these Terms and Conditions of Use will take effect upon such changes being posted to this website. It is the user’s obligation to periodically check these Terms and Conditions of Use at this 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 of use, including such changes or updates.
Collection and Use of User Details.
When you register for any of our RSS feeds, email newsletters, or other subscriptions, we may collect personal details about you. Personal information such as your name, address, and email address may be collected on our registration and order forms.When you visit the site, we also collect web site usage information and information about your computer and internet connection, including your computer’s IP address, the type and version of browser and operating system you use, your internet domain and, if you arrived at Benater Attorneys via a link from another website, the URL of the linking page. We use this information to:
• personalize the content and advertising you will see based on your personal characteristics or preferences • notify you of relevant new products or services and features on BA (if you opt in to receiving such information) • notify you of promotions from BA (if you opt in to receiving such information)
• ensure, as far as is practical, that our site is compatible with the browsers and operating systems used by most of our visitors We also use the information for in-house research to:
• improve our understanding of customer needs in developing the site
• build marketing profiles
* aid strategic development
• manage our relationship with advertisers
The results of all such research and analysis will be presented as anonymous or aggregated information and will not reveal any personal facts about individual readers.
Registration and order forms may provide you with a series of choices regarding promotional activity and other forms of communication with you.
If you want to be kept informed of products and offers, as well as technical or functional developments related to our website and online services, then you should select the relevant opt-in box.
Use of Email
BA uses reputable third parties to deliver the emails you will receive from our site if you subscribe to our email newsletters or have chosen to receive information about our services, products and offers. These third parties use unique identifiers and invisible images (often called “pixel tags” or “clear GIFs”) to perform message open sensing, message format sensing, and clickthrough sensing on behalf of BA in order to bring you more relevant information.
Content and some ad services in these emails are provided by BA or a third party ad server.
Use of Advertising
We use a third-party advertising company to serve ads when you visit the site. This company may use information (not including your name, address, email address or telephone number) about your visit in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
Use of Affiliate Marketing Programs
We occasionally link to product and service vendors using affiliate links. These affiliate programs may use information (not including your name, address, email address or telephone number) about your visit from the site in order to track any sales or activities you perform on their site using a unique “cookie” on your browser.
IMPORTANT – BY CONTINUING TO USE THIS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF USE SET OUT ABOVE.