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web.tech.

law legal docs Use Terms

Introduction ..................................................................................................................2

These Use Terms!..........................................................................................................2

Important provisions pertaining to legal liability!............................................................2

Legal age and capacity!.................................................................................................3

We may change aspects of the Document!...................................................................3

Interpretation!.................................................................................................................3

Definitions!.....................................................................................................................3

Registration ..................................................................................................................4

Document use ..............................................................................................................5

Content licenses ..........................................................................................................6

Software and equipment ..............................................................................................6

Liability .........................................................................................................................7

Disclaimers and limitation of liability!.............................................................................7

Indemnity!......................................................................................................................7

Governing law and jurisdiction .....................................................................................7

Severability ..................................................................................................................7

Disclosures required by the ECT Act ...........................................................................7

General terms ..............................................................................................................8

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This work is © Jacobson Attorneys and is licensed under a Creative Commons Attribution No Derivative
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Introduction

These Use Terms

This is version 1.0 of these Use Terms. These Use Terms were implemented on
24 May 2011.

You may the Document on condition that you accept these Use Terms as they are
and without modifications. These Use Terms are a binding contract between you and
us so it is very important that you read them carefully and ensure that you
understand and accept them.

If you use the Document, we will take that to mean you have read and understand
these Use Terms and agree to them. If you do not agree with any provision
contained in these Use Terms, please do not use the Document in any way.

We reserve the right, in our sole discretion, to, and you agree that we may, amend
these Use Terms at any time, in any way and from time to time. We will publish the
amended Use Terms on the website. These amendments shall come into effect
immediately and automatically.

It is your responsibility to review these Use Terms regularly and to ensure that you
agree with any amendments to these Use Terms. If you do not agree with any
amendments to these Use Terms, you may no longer use the Document.

Chapter VII of the ECT Act grants rights to any natural person (in other words, living
human beings) who enters or intends entering into what is known as an “electronic
transaction” with us on this website. None of these Use Terms are intended to limit
the rights the ECT Act grants you.

Important provisions pertaining to legal liability

These terms contain provisions which limit our exposure to legal liability and even
make you responsible for a variety of acts. Some of these provisions do have the
effect of limiting your rights in law and conferring obligations on you by virtue of your
agreement to these Use Terms. We have highlighted certain of these provisions in
these Use Terms.

It is therefore important that you familiarise yourself with these provisions before you
use the Document and that you not use the Document if you do not agree to abide by
those provisions.

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This work is © Jacobson Attorneys and is licensed under a Creative Commons Attribution No Derivative
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Legal age and capacity

You may not use the Document and may not accept these Use Terms if you lack the
legal capacity to enter into a binding contract with us; are a person barred from
accessing this website under the laws of the Republic of South Africa or other
countries including the country in which you are resident or from which you use the
Document.

By accessing this website and/or the content 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 Use Terms.

We may change aspects of the Document

We may add new features and modify or even discontinue the Documentʼs
availability without notice to you and in our sole discretion. You agree to this.

You are free to stop using the Document at any time without notifying us.

Interpretation

These Use Terms may contain a number of terms and phrases which have a specific
meaning in this document. In these Use Terms, headings are for convenience and
shall not be used in its interpretation.

Any reference in these Use Terms 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.

Unless we indicate to the contrary in these Use Terms, any references to any gender
includes the other genders, a natural person includes an artificial person and vice
versa, the singular includes the plural and vice versa.

Definitions

The following expressions shall bear the meanings assigned to them below and
related expressions shall bear corresponding meanings –

❖ “Document” means documents being made available either for free or for sale on
or through the website under the “web.tech.law legal docs” brand.

❖ “the ECT Act” means the Electronic Communications and Transactions Act 25 of
2002;

❖ “intellectual property” means, collectively, the patents, copyrights (and moral


rights), trademarks, designs, models, brands, names, trade names, graphics,
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icons, hyperlinks, know-how, trade secrets and any other type of intellectual
property (whether registered or unregistered including applications for and rights
to obtain or use same) which we own, license, use and/or hold (whether or not
currently) on this website;

❖ “Jacobson” means Paul Jacobson, the Documentsʼ author;

❖ “know-how" means all the ideas, designs, documents, diagrams, information,


devices, technical and scientific data, secrets and other processes and methods
we use in connection with this website, as well as, all available information
regarding marketing and promotion of the products and services described in
these Use Terms, as well as all and any modifications or improvements to any of
them;

❖ “use” means to copy, download, view, modify, adapt, load or to otherwise engage
with and/or manipulate the thing being used;

❖ “Use Terms” means these terms and conditions of use, as amended from time to
time;

❖ “this website” means the website located at http://webtechlaw.com;

❖ “web.tech.law” means web.tech.law (Proprietary) Limited, a company in the


process of being formed;

❖ “us” or “we” means web.tech.law and/or Jacobson, where appropriate;

❖ “you” or “user/s” means anyone who uses the Document,

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 gazetted
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;

All annexures, addenda and amendments to these Use Terms form an integral part of
these Use Terms and, therefore, our contract with you.

Registration

Although you are not required to register to use the Document, you are required to
register on this website if you wish take advantage of additional Document related
services which we may provide from time to time.

Registration is achieved using a registration form available on this website. When


you register on this website you will be asked to select a user name and password
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which you will use to secure your account. Once registered you will be able to log
into your account using your user name and your password or your relevant account
information with your preferred authentication service.

In order to successfully complete the registration process, you are required to submit
information about yourself and your preferences to us (“registration data”). The use
of your registration data is dealt with in our privacy policy below.

You warrant that the registration data is accurate, current and complete (this includes
registration data we may receive from the providers). You will be denied access to
this website should you breach this warranty or subsequently be found to have
breached this warranty.

You agree that the security of your account is solely your own responsibility. You
further agree that –

❖ 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;

❖ if you believe that information or content posted to this website infringes on any
personʼs rights in any way, you will notify us immediately;

❖ if you believe the security of your registration on this website has been
compromised in any way, you will notify us immediately;

❖ you shall be held fully responsible for any misuse or compromise to your account
which we are not properly notified about; and

❖ if any security violations are believed to have occurred in association with your
account, we reserve the right to suspend access to your account pending an
investigation and resolution.

Document use

You may not use the Document -

❖ for or in conjunction with any illegal, unlawful or immoral purposes or as


prohibited by these Use Terms;

❖ use this website in a manner that may infringe the moral and/or intellectual
property rights (for example copyright or trade marks) or other proprietary rights
of others; and/or

❖ otherwise use this website to engage in any illegal or unlawful activity.

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Should you engage in any one or more of the above practices, which shall be
determined 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:

❖ hold you liable for any costs we incur as a result of your misconduct; and/or

❖ notwithstanding our privacy policy referred to below, disclose any information


relating to you, whether public or personal, to all persons affected by your
actions.

Access to the Document does not imply that we offer or provide legal advice to you.
This is not our intention and we do not profess to give you legal advice merely by
making the Document available to you. You are welcome to engage our services
should you wish to obtain specific legal advice from us (our Terms of Appointment
govern our professional services) or you may approach your preferred professional
advisor for assistance, where appropriate.

Content licenses

The Document is  © Paul Jacobson ("Jacobson") and is licensed to you under a
Creative Commons Attribution Share-Alike 2.5 ZA license. We recommend that you
read the human readable summary of the license if you are unfamiliar with what this
license permits you to do with the content. The legal code sets out the license in
greater detail.

To the extent a conflict arises between the License and these terms and conditions,
the conflicting provision/s of the License shall prevail.

You must ensure that you correctly attribute Paul Jacobson as the document's
copyright owner and where you do not modify the document, you must retain the
copyright and license information set out in the document's footer.  Where you create
an adaptation of the document, you must state the appropriate license on the
document, as the License requires.  Please refer to the License for more information
in this regard.

You acknowledge that you do not acquire any ownership rights or rights of use in or
to any content by copying, reproducing, distributing, transmitting, displaying,
broadcasting or publishing that content except where explicitly permitted to do so.

Software and equipment

It is your responsibility to acquire and maintain, at your own expense, the computer
hardware, software, communications infrastructure and access accounts required to
use the Document.

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Liability

Disclaimers and limitation of liability

You agree that we are unable to, and is not required to, guarantee a particular result
or set of results.

You agree further that neither we shall not be liable in respect of any loss, damage
or damages however arising and whatever the cause, in particular pursuant to your
use of the Document.

Indemnity

You hereby indemnify us against any loss, damage, damages, liability, claim,
expenses, costs orders or demand which may arise as a result of your unlawful
conduct, willful misconduct and/or gross negligence.

Governing law and jurisdiction

You agree that the law of the Republic of South Africa applies to your use of this
document.   This document is being made available to you from South Africa.   Our
and contact and address details may be found at http://webtechlaw.com/find-us/

You irrevocably and unconditionally submit to the jurisdiction to the jurisdiction of the
South Gauteng High Court, held in Johannesburg.  Furthermore, you irrevocably and
unconditionally consent to the jurisdiction of the Magistrates Court, notwithstanding
that any claim you, we may have may exceed the ordinary monetary jurisdiction of
that court.

Severability

Any provision in these Use Terms which is or may become illegal, invalid or
unenforceable shall be ineffective to the extent of such prohibition or unenforceability
and shall be treated pro non scripto (as if it were not written) and severed from these
Use Terms, without invalidating the remaining provisions of these Use Terms.

Disclosures required by the ECT Act

Access to the content on or through this website and this website itself 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 we have the duty to the disclose the
following information:

Our full name and legal web.tech.law (Proprietary) Limited, a company


status: in the process of being formed.
Street address: 94 Athol Street, Highlands North, Johannesburg
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This work is © Jacobson Attorneys and is licensed under a Creative Commons Attribution No Derivative
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Postal address: P O Box 189, Melrose Arch, 2076
Physical address for 94 Athol Street, Highlands North, Johannesburg
receipt of legal service:
Main business: Web and digital media law compliance services
Website address: http://webtechlaw.com
Official email address: queries@webtechlaw.com
Membership of self- None
regulatory or
accreditation bodies:
Codes of conduct to None
which we subscribe:
Governing Use Terms: These Use Terms.
Manual in terms of the None
Promotion of Access to
Information Act 2 of 2000:
Management: Paul Jacobson is the proprietor and intended
director
Costs associated with the Access to the website is free. Certain products
access to and use of this and services are charged for on the basis
website: published on the website or in quotations and
correspondence.
Dispute resolution: No specific dispute resolution process.
Cooling off period: 7 days
Complaints process: Email to complaints@webtechlaw.com

General terms

You agree that:

❖ you are bound by these Use Terms;

❖ this agreement shall be deemed to have been concluded in Johannesburg,


South Africa at the time you use the Document for the first time;

❖ data messages addressed by you to us shall be deemed to have been –

received if and when responded to;

sent by you within the geographical boundaries of the Republic of South


Africa;

❖ you shall be deemed to have been received data messages we address to you
as detailed in section 23(b) of the ECT Act;

❖ electronic signatures, encryption and/or authentication are not required for valid
electronic communications between you and us;

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❖ 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.

These Use Terms constitute the whole agreement between you and us relating to
your access to and use of the Document.

No indulgence, extension of time, waiver or relaxation of any of the provisions or


terms of these Use Terms which we may show, grant or allow you shall operate as an
estoppel against us in respect of its rights under these Use Terms nor shall it
constitute a waiver by us of any of our rights and we shall not thereby be prejudiced
or stopped from exercising any of its rights against you which may have arisen in the
past or which might arise in the future.

Nothing in these Use Terms shall create any relationship of agency, partnership or
joint venture between you and us and you shall not hold itself out as our agent or
partner or as being in a joint venture with us.

Page 9 of 9

This work is © Jacobson Attorneys and is licensed under a Creative Commons Attribution No Derivative
Works 2.5 ZA License.