These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use and purchase of the services rendered by Saunders Osborne van der Watt (“Provider”) located at the domain name www.SOWattorneys.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. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the Website for marketing and other purposes without the consent of the Provider.

 

Electronic Communications

By using the Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

 

E-Commerce & Privacy

The Website markets legal services of the Provider and sells legal services online. The use of any service bought from this Website is at the User’s risk. The User indemnifies and holds the Provider harmless against any loss, injury or damages, which may be sustained as a result of receiving the services.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information, delivery address, and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number, will be made known to third parties delivering the product.

Although the Provider cannot guarantee the absolute security of the User’s personal information, the Provider will take reasonable steps and/or measures to keep it secure. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

 

Use of Personal Information

The Provider, its subsidiaries, and affiliated companies may use your personal information in the ordinary course of business to provide the User with services, for trend analysis, and to send the User marketing material relating to any other similar sites that the Provider may be involved with. The User is entitled to unsubscribe at any time and thereafter his/her personal information will not be used.

 

Refund and Return Policy

Purchasers are not entitled to any refund in the event that the services are delivered in accordance with the User’s instructions.

 

Updating of these Terms and Conditions

The Provider reserves the right to amend, modify, add, or remove portions or the whole of these Terms and Conditions from time to time. Amendments 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

The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the 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 any 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.

 

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 the Provider is expressly advised thereof.

 

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 at the Website, pages viewed, etc. The Provider uses this information to determine the use of the Website and to improve Content thereon. The Provider assumes no obligation to protect this information and may copy, distribute, or otherwise use such information without limitation.

 

Governing Law and Jurisdiction

This Website is operated and administered from the Republic of South Africa. 

The User may not use this Website in violation of South African laws and regulations. If the User accesses this Website from locations outside of South Africa, that User shall be 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 expressly consents to the jurisdiction of the Cape Town High Court in the event of any dispute.

 

Severability

If any of the provisions of these Terms and Conditions are found to be invalid or unenforceable, such provision(s) shall be severable from the remaining terms and conditions, 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.

 

Entire Agreement

These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and the Website. Any failure by the Provider to exercise or enforce any right or provision of these Terms and Conditions shall in no way constitute a waiver of such right or provision.

Any information, queries, or requests to use any part of the Website can be directed to:

• Saunders Osborne van der Watt
• Tel: 021 852 4554
• Email: info@lexmonde.co.za

Alternatively, please make use of our Contact Us page.

 

THE FINANCIAL INTELLIGENCE CENTRE ACT (“FICA”)

As attorneys, Saunders Osborne van der Watt falls within the definition of an ‘accountable institution’ in terms of the Financial Intelligence Centre Act, No. 38 of 2001, and we are therefore required to comply with the provisions of FICA.

This means that, like financial institutions, we are required to collect and retain certain information from our clients, and to keep this information on record for the duration of the mandate and for a certain number of years thereafter. In terms of FICA, we are also compelled to report money-laundering activities.

Should you have any queries regarding our FICA obligations or the effect this may have on legal privilege (protected communications between attorneys and clients), please feel free to contact our office for further information.