Documente Academic
Documente Profesional
Documente Cultură
law
INTERPRETATION
......................................................................................................2
INTRODUCTION
..........................................................................................................4
TERMS OF USE
..........................................................................................................4
PRODUCTS AND/OR SERVICES
...............................................................................5
FULL LEGAL AGE
........................................................................................................5
REGISTRATION DATA
................................................................................................5
WEBSITE USERʼS CODE OF CONDUCT
..................................................................6
INTELLECTUAL PROPERTY
....................................................................................10
INFRINGEMENT OF RIGHTS: COMPLAINTS
.........................................................10
CHANGES TO THE WEBSITE
..................................................................................11
SOFTWARE AND EQUIPMENT
................................................................................12
DISCLAIMERS AND LIMITATION OF LIABILITY
......................................................12
INDEMNITY
...............................................................................................................14
DEALINGS WITH THIRD PARTIES
..........................................................................14
FEES AND CHARGES
..............................................................................................15
DISPUTES
.................................................................................................................15
GOVERNING LAW
....................................................................................................16
LEGAL SERVICE OF DOCUMENTS AND NOTICES
...............................................16
PRIVACY POLICY
......................................................................................................16
MONITORING OF COMMUNICATIONS
...................................................................19
TERMINATION
..........................................................................................................19
DISCLOSURES REQUIRED BY THE ECT ACT
.......................................................19
GENERAL
..................................................................................................................20
Page 1 of 24
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
1. INTERPRETATION
1.1. clause headings are for convenience and shall not be used in its
interpretation;
1.3. the following expressions shall bear the meanings assigned to them below
and cognate expressions shall bear corresponding meanings –
Page 2 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
1.3.5. “RIC Act” means the Regulation of Interception of Communications
and Provision of Communication Related Information Act 70 of 2002;
1.3.8. “We”, “us” and “our” means Paul Jacobson trading as Jacobson
Attorneys, a sole practitioner trading as an attorney of the High Court
of South Africa (“Jacobson Attorneys” has a corresponding
meaning);
1.3.9. “website” means each and every website we own, host, operate or
administer including, but not limited to, the websites located at or
accessed through http://webtechlaw.com and http://jacobson.co.za;
1.3.11. “you” means users of and visitors to the website as well as any other
person seeking to interact with or obtain information from the
website,
1.4. when any number of days is prescribed such number shall exclude the first
day and include the last day unless the last day falls on a Saturday,
Sunday or public holiday in the Republic of South Africa, in which case the
last day shall be the next succeeding day which is not a Saturday, Sunday
or public holiday in the Republic of South Africa;
Page 3 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
1.5. all annexures, addenda and amendments to these terms of use shall be
deemed to form an integral part of these terms of use.
2. INTRODUCTION
2.1. The website is our primary online presence and an service we provide to
educate and inform the public about important legal issues and other
matters we believe may be relevant or of interest.
3. TERMS OF USE
3.2. Any reference in these terms of use to a party shall, if such party is
liquidated or sequestrated (the meaning of which includes any analogous
proceedings in any other jurisdiction), be applicable also to and binding
upon that partyʼs liquidator or trustee, as the case may be.
3.3. We make this website available to you on the condition that you accept,
without modification, of these terms of use. Your access to and use of this
website constitutes your agreement to and acceptance of these terms of
use. If you do not agree with any provision contained in these terms
of use, please do not use this website.
3.4. We reserve the right, in our sole discretion, to amend (including without
limitation, by the addition of new terms of use) these terms of use at any
time and from time to time without notice to you:
3.4.1. Any such amendments shall come into effect immediately and
automatically.
3.4.2. You agree that we may amend these terms and conditions at our
sole discretion and instance.
Page 4 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
3.4.3. You undertake to review these terms of use regularly prior to use of
this website for any such amendments.
4.1. We may offer certain products and/or services on or through the website.
4.2. Your use of those products and/or services offered will be subject to our
terms and conditions as well as these terms of use, where appropriate.
4.3. We reserve the right to amend the prices and/or content of our products
and/or services without notice to you.
5.1. In using this website and/or the website materials you represent and
warrant that you are of full legal age, or are emancipated or have your
guardianʼs consent to enter into a contract being these terms of use.
6. REGISTRATION DATA
6.1. You may be required to register on the website if you wish to make use of
aspects of the website's functionality (for example, commenting on blog
posts, creating an user account and contacting us through the contact
form).
6.2. In order to successfully complete the registration process, you are required
to submit personal information to us (“registration data”), the use of which
information is governed by our privacy policy set out below.
6.3. You warrant that the personal information you submit to us through the
website is accurate, current and complete. You may be temporarily or
Page 5 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
permanently denied access to aspects of the websiteʼs functionality should
you breach this warranty or subsequently be found to have breached this
warranty.
6.4. We may take steps to verify your registration data once you have
submitted it to us. You agree to this verification process and irrevocably
consent to us gaining access to relevant information held by third parties
which may be reasonably required to complete the verification process.
6.5. Should you not agree to the verification process or withhold your consent
mentioned above, your membership on the website may be suspended or
terminated. Similarly, if the verification process is not successful, you
agree that we may block or limit your access to the website and you waive
any claims you may have against Jacobson Attorneys, its officers,
directors, employees, servants, agents and/or contractors arising out of
our denial of your access to the website.
6.6. Your acknowledge and agree that access to the websiteʼs functionality
may be limited until such time as the verification process has been
successfully completed.
7.1. You may not use this website or the website material for or in conjunction
with any illegal, unlawful or immoral purposes or as prohibited by these
terms of use.
7.2. Recognising the global nature of the Internet, you agree to comply with all
local laws, rules and regulations regarding online conduct.
7.3. In the event that you link to any page on this website or frame this website
or any of the pages on this website in any way whatsoever, you –
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
7.3.3. you indemnify us against any loss, liability or damage that may arise
as a result of the use of content, products and/or services from the
website.
7.5. You acknowledge that you do not acquire any ownership rights or rights of
use in or to any website material by downloading that website material.
7.6. You agree to adhere to generally acceptable Internet and e-mail etiquette.
In this regard, without being limited to the examples listed below, you
agree not to:
Page 7 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
7.6.4. use the products and/or services to post or transmit anything which
is defamatory, discriminatory, obscene, offensive, threatening,
abusive, harassing, harmful, hateful or which carries child
pornography, religious or racial slurs or threatens or encourages
bodily harm or the like or which may violate any person's personality
rights;
7.6.5. use the products and/or services to make fraudulent offers to sell or
buy products, items or services or to offer or solicit for any type of
financial scam such as "pyramid schemes" and "chain letters";
7.6.6. use the products and/or services in a manner that may infringe the
intellectual property rights (for example copyright or trade marks) or
other proprietary rights of others, including (without being limited to)
the transmission of pirated software;
7.6.7. use the products and/or services in any manner which could
damage, impair, overburden or disable the products and/or services
or interfere with any other party's use or enjoyment of the products
and/or services;
7.6.8. use the products and/or services to post or transmit anything which
contains viruses or any other destructive features, regardless of
whether or not damage is intended;
Page 8 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
7.6.11. use the products and/or services to engage in any illegal or unlawful
activity.
7.7. Should you engage in any one or more of the above practices, which we
shall determine in our sole discretion and which decision shall be final,
then we shall be entitled, without prejudice to any other rights we may
have, to:
7.7.2. bill you for any costs we incur, including (without being limited to)
bandwidth, administration costs, downtime, usage of our name or
registered domain names; and/or
7.8. You agree that the security of your account is solely your own
responsibility. You further agree that –
7.8.1. you are responsible for maintaining and promptly updating the
registration data and any other information you provide us with,
thereby keeping it accurate, current and complete;
7.8.2. if you believe the security of your account has been compromised in
any way, you will notify us immediately;
7.8.4. you shall be held fully responsible for any misuse or compromise to
your account which we are not properly notified about; and
Page 9 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
7.8.5. if any security violations are believed to have occurred in association
with your account, we have the right to suspend access to your
account pending an investigation and resolution.
8. INTELLECTUAL PROPERTY
8.1.1. You may not copy, reproduce, display or use any intellectual property
in any manner whatsoever without our prior written permission.
Such written permission may take the form of a license granted in
these terms of use.
8.2. You retain copyright in content which you submit to the website and/or us
which includes, but is not limited to, comments posted on the website
(“your content”). You agree to license your content to Jacobson Attorneys
for use on the website under a Creative Commons Attribution 2.5 ZA
License.
9.1. If you are of the view that your rights have been infringed through the
unlawful use of this website by registrants or third parties, you may
address a written complaint to us which satisfies the following
requirements and/or contains the following information:
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
9.1.2. the written or electronic signature of the complainant;
9.2.3. registered post to P O Box 189, Melrose Arch, 2076, South Africa.
9.4. If you are the subject of such a complaint, you have a right to reply to the
complaint although you agree that it is your responsibility to submit your
reply to us and agree that we are not obliged to obtain your reply from you.
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
impose limits on certain features and services or restrict your access to
any or all of the website or website material without notice or liability.
11.1. It is your responsibility to acquire and maintain, at your own expense, the
computer hardware, software, communications infrastructure and access
accounts required to safely and securely access the Internet and the
website as well as to safely download content from the website.
12.1. Your use of this website and reliance on any website materials available
on this website is entirely at your own risk. This website, including all
website materials, is provided “as is”.
12.3. Information, ideas and opinions expressed on this website and in the
website materials are general in nature and must not be regarded as
specific legal professional advice. You are solely responsible and strongly
advised to seek professional advice before acting on such information,
particularly with respect to any specific scenario or set of circumstances.
12.4. To the fullest extent permissible by law, we disclaim all warranties of any
kind, whether express or implied, including without limitation fitness for a
particular purpose, in respect of this website and the website materials.
We do not warrant that the functions contained in this website or the
Page 12 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
website materials will meet your requirements or operate in every
combination selected by you for use; will be uninterrupted, timely, secure
or error free; that any defects or errors will be corrected; or that this
website or the website materials or the server that makes them available is
free of viruses or other harmful components. We do not warrant that this
website or the website materials will provide specific results from use of
this website or the website materials or any content, search or link within
them or that the results that may be obtained from the use of this website
will be accurate or reliable.
12.5.2. no claims or legal action arising out of, or related to, the use of this
website, the website materials or these terms of use may be brought
by you more than 1 (one) year after the cause of action relating to
such claim or legal action arose.
Page 13 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
13. INDEMNITY
13.1. You hereby indemnify us and our officers, directors, employees, servants,
agents or contractors or other persons to whom, in law, we may be liable
(in whose favour this constitutes a stipulatio alteri or stipulation for another)
from any loss, damage, damages, liability, claim or demand due to or
arising out of your use of this website or the website materials or your
breach of these terms of use.
13.2. We are not responsible for files and data residing on your account. You
agree to take full responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored on our servers or
servers under our control.
Page 14 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
15. FEES AND CHARGES
15.1. Your acquisition of products and/or use of services offered (as opposed to
described) on this website, if any, may be subject to fees and charges,
details of which may be obtained from us in writing.
15.2. Details of our fees and charges may be published on the website from time
to time. You agree that such publication may take place solely in our
discretion.
16. DISPUTES
16.1. In the event that any claim, matter or dispute arises between you and us
out of or in connection with your use of or access to the website then such
claim, matter or dispute may, at our election, be finally resolved in
accordance with the Rules of the Arbitration Foundation of Southern Africa
by an arbitrator appointed by the Foundation.
16.2. Either party shall be entitled to have an arbitration award made an order of
court of competent jurisdiction.
16.4. The provisions of this clause are severable from the rest of these terms of
use and shall remain in effect even if these terms of use are terminated for
any reason.
16.5. The parties shall keep the evidence in the arbitration proceedings and any
order made by any arbitrator confidential unless otherwise contemplated
herein.
Page 15 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
16.6. The arbitrator shall have the power to give default judgment if any party
fails to make submissions on due date and/or fails to appear at the
arbitration.
17.1. This website is controlled and maintained from the Republic of South
Africa.
17.2. We both agree that these terms of use shall be governed by and construed
and interpreted in accordance with the laws of the Republic of South
Africa.
17.4. You also irrevocably and unconditionally consent and submit to the non-
exclusive jurisdiction of the South Gauteng High Court, Johannesburg.
18.1. Jacobson Attorneys chooses the addresses below for all communication
purposes under these terms of use, whether in respect of court process,
notices or other documents or communications of whatsoever nature.
19.1. We shall take reasonable steps to protect your personal information. For
the purposes of this clause “personal information” shall be defined as
detailed in the Promotion of Access to Information Act 2 of 2000.
Page 16 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
19.2. You consent to us collecting and processing your personal information for
the purpose/s set out in this privacy policy. This personal information
includes, but is not limited to, the following:
19.2.7. IP address.
19.3. We collect and process the personal information listed above in order to
(but not limited to the following)–
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
19.3.7. attract advertisers by showing anonymised information about the
database, for example demographics;
19.3.9. track compliance of registrants and third parties with these terms of
use.
19.5. Personal information collected from you may be deleted from the website
and member databases when your account on the website is terminated
for any reason.
19.6. Jacobson Attorneys may collect and process your personal information
subject to the following:
19.6.3. We may compile, use and share any of the information that does not
relate to or identify specific individuals.
Page 18 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
20. MONITORING OF COMMUNICATIONS
20.2. You agree and acknowledge that the consent you provide above satisfies
the “writing” requirement specified in the ECT Act and in the RIC Act.
21. TERMINATION
21.1. If you breach any of these terms of use, you agree we may immediately,
automatically and without notice to you, terminate your use of and access
to the website, and/or prohibit your future access to and/or use of the
website, and/or take appropriate legal action against you (including without
limitation, applying for urgent and/or interim relief or claiming damages),
without incurring any liability to you of any nature whatsoever and
howsoever arising. Our rights in this regard are expressly reserved.
22.1. Access to the content, services and/or products available on or through the
website are classified as “electronic transactions” in terms of the ECT Act
and therefore you have the rights detailed in Chapter VII of the ECT Act
and Jacobson Attorneys has the duty to the disclose the following
information:
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
Official email address: queries@jacobson.co.za
Membership of self-regulatory or Law Society of the Northern
accreditation bodies: Provinces
Codes of conduct to which Rules of the Law Society of the
Jacobson Attorneys subscribes: Northern Provinces
Governing terms of use: These terms of use
Manual in terms of the Promotion of Not published
Access to Information Act 2 of
2000:
Management: Paul Jacobson (sole proprietor)
Costs associated with the access to None
and use of the website:
Dispute resolution: See above
Cooling off period: Not applicable
Complaints process: See above
23. GENERAL
Page 20 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.
23.1.5. notwithstanding any other provision of these terms of use, electronic
signatures, encryption and/or authentication are not required for valid
electronic communications between you and us;
23.1.6. as well as warrant, that data messages that you send to us from a
computer, IP address or mobile device normally used by you, was
sent and/or authorised by you personally.
23.2. These terms of use constitute the whole agreement between you and us
relating to your access to and use of this website.
23.5. To the extent that any provision of this agreement is held to be illegal,
invalid or unenforceable for any reason, such provision shall be deemed to
be pro non scripto, but without affecting or invalidating any of the
remaining provisions of this agreement, which shall continue to be of full
force and effect.
Page 21 of 21
This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.