LAWYERS WORKING FROM HOME™ (LWFH™)
USER TERMS AND CONDITIONS
LWFH is the leading platform enabling marketing and social website, supported by social media, which connects lawyers (Subscribers) and clients, with the view to make legal services more accessible in South Africa.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY
These User Terms and Conditions, in conjunction with other LWFH Agreements, authorise you to make use of the LWFH Website. Read these User Terms and Conditions carefully before installing, downloading, or using the LWFH Website. By opening, installing, downloading, and /or using the LWFH Website, you agree to all of the terms and conditions of these User Terms and Conditions. If you do not agree to all of these terms, do not use the LWFH Website.
a) These Terms apply to Users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
b) These Terms contain provisions which; may limit the risk or liability of LWFH or a third party; and/or may create risk or liability for the User; and/or may compel the User to indemnify LWFH or a third party; and/or serves as an acknowledgement, by the User, of a fact.
c) Your attention is drawn to these Terms because they are important and should be carefully noted.
d) If there is any provision in these Terms that you do not understand, it is your responsibility to email [email protected] at LWFH to explain it to you before you accept the Terms or continue using the LWFH Website.
e) Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or LWFH in terms of the CPA.
f) LWFH permits the use of this LWFH Website subject to the Terms. By using this LWFH Website in any way, you shall be deemed to have accepted all the terms and conditions herein unconditionally.
g) The Services offered by LWFH may contain further terms and conditions which is provided before the provision of the services and will be brought to your attention if you desire to engage with LWFH as Advertiser or Subscriber.
h) The “rule of construction” that provisions are to be interpreted against the party responsible for drafting an agreement shall not apply to these Terms. You admit that LWFH has the right to provide or restrict access to its LWFH Website on its own terms contained herein.
The words and/or phrases used in these User Terms and Conditions and Additional Agreements will have the following definitions:
1.1 “Advertiser Terms And Conditions” means the accepted contract with standard terms and conditions between an Advertiser and LWFH for the specified advertising to Subscribers;
1.2 “Advertiser” means a natural person or juristic entity that advertises a product or service on the LWFH Website or other LWFH platform or medium;
1.3 “Databases” means data compiled by LWFH due to marketing and management services to provide the Services and which mostly comprise Personal Data as voluntarily provided by Subscribers and Advertisers, and details of Users automatically collected by the LWFH Website and social media platforms for statistical purposes;
1.4 “Fidelity Fund Certificate” means the certificate operational Practising Attorneys in capacity as either directors/partners/sole practitioners and Trust Acount Advocates practising in terms of Section 34(2)(b) of the Legal Practice Act are required to be in possession to operate a Trust Account to hold monies of instructing clients. . A Fidelity Fund Certificate is valid for a year, from January to December of a year;
1.5 “LWFH” or “we” means LawyerFirst Coaching & Consulting Proprietary Limited t/a LWFH, a private company registered as such under the laws of the Republic of South Africa, with company registration number 2018/255792/07 and having its principal place of business in Midlands Estate, Midstream, Gauteng, 1692;
1.6 “LWFH Agreements” collectively refer to this User Terms and Conditions, Subscriber Terms and Conditions, Advertiser Terms and Conditions and such other rules and policies of the LWFH Website and social media pages or groups;
1.7 “LWFH Intellectual Property” means all the registered and unregistered trade marks (including the trading name “Lawyers Working From Home”, “LWFH” mark, logos, slogans and unique quotations); the concept, presentation and combination of services offered by LWFH and the LWFH Website; and the copyright vesting in the published and unpublished content, writings, lay-out, designs, images and computer programming relating to the LWFH Website, business plans and marketing materials, developed by or on behalf of LWFH; all the aforementioned of which belong to LWFH;
1.8 “LWFH Website” means the website developed and published by LWFH at the URL https://www.lawyersworkingfromhome.co.za and includes the Services, all content of the LWFH Website, the source code of the LWFH Website, upgrades, modified versions, updates, additions, and copies of the LWFH Website in respect to which the rights are granted to you under these User Terms and Conditions;
1.9 “Personal Data” means data as defined in the Portection of Personal Information Act 4 of 2013 (“POPI”);;
1.10 “Services” means accessing and using the LWFH Website, social media pages,groups, services and content by any User; the services agreed between a Subscriber and LWFH in the Subscriber Terms and Conditions; and the services agreed between an Advertiser and LWFH in the Advertiser Terms And Conditions;
1.11 “Subscriber” means a South Africam lawyer which holds a LLB degree (or equivalent 4 year university law degree recognised in South Africa) and is one of the following lawyer types: :
1.7.1 Practising Attorneys with a valid Fidelity Fund Certificate,
1.7.2 Practising Trust Account Advocates with a valid Fidelity Fund Certificate,
1.7.3 Practising Referral Advocates (only receive briefs from Practising Attorneys),
1.7.4 Legal Consultants,
1.7.5 Pro bono lawyers (members of a Law Clinic),
1.7.6 Academics (with a minimum of a completed LLB degree, including registered Candidate Attorneys and Pupils),
all of which have registered on the LWFH Website and are up to date with payments of fixed monthly subscription fees , on a month to month basis, in terms of the Subscriber Terms and Conditions;
1.12 “Subscriber Terms and Conditions” means the accepted contract with standard terms and conditions between a Subscriber and LWFH relating to the Subscription Services LWFH provide to Subscribers in consideration of a fixed monthly subscription fee, on a month to month basis;
1.13 “Subscriber Services” means the specific services agreed to be provided by LWFH to Subscribers in terms of the Subscriber Terms and Conditions in consideration of payment of a fixed monthly subscription fee, on a month to month basis, by the Subscribers;
1.14 “User Terms and Conditions” or “Terms” mean this User Terms and Conditions for the use of the LWFH Website which govern your access to and use of the Website and Services;
1.15 “User” or “you” means the public in general, including sers of social media platforms and groups on which LWFH market and provide services, and including all Subscribers and Advertisers.
- LWFH Website and Acceptance of the Terms
2.1 These Terms are a legally binding agreement between you as the User and LWFH, so please read them carefully before using the Services.
2.2 By accessing the LWFH Website or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the LWFH Website if you do not accept all of the Terms and relevant LWFH Agreements.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with LWFH, or (b) you are not permitted to receive any Services under the laws of South Africa or other countries/regions including the country/region in which you are resident or from which you use the Services.
2.4 You acknowledge and agree that LWFH may amend any Terms at any time by posting the relevant amended and restated Terms on the LWFH Website. By continuing to use the Services or the LWFH Website, you agree that the amended Terms of the LWFH Website will apply to you.
2.5 If you are a Subscriber or Advertiser who accepted additional LWFH Agreements, if there is any conflict or inconsistency between these Terms and another online or offline LWFH Agreement concluded, that other LWFH Agreement will take precedence over these Terms only concerning that Service or clause concerned.
2.6 The Terms may not otherwise be modified except in writing by an authorised director of LWFH.
- Right of use
3.1 LWFH gives the Users a non-exclusive, non-transferable right to use the LWFH Website.
3.2 You accept the right given to you in terms of clause 5.1 above and you are only authorised to use the LWFH Website for the purpose it was developed and shall not abuse it for commercial exploitation or gain under any circumstances whatsoever.
- Users generally
4.1 Uses acknowledge that the LWFH website is an enabling marketing and social website offering a directory and profiles of Subscribers who desire to offer legal services to the public.
4.2 As a condition of your access to the use of the LWFH Website or Services, you agree that you will comply with all LWFH Website applicable laws and regulations when using the LWFH Website or Services.
4.3 Any linkyou make to or from a third party website, including the payment portal, will be at your own risk. Any use of the third party website or payment portal will be subject to and any information you provide will be governed by the terms of the third party website, including those relating to confidentiality, payment, data privacy and security.
4.4 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. LWFH uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying Subscribership service on the LWFH Website. However, LWFH cannot and does not confirm each User’s purported identity (including, without limitation, paying Subscribers). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
4.5 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using Subscribers’ legal services displayed on the LWFH website each User is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. Such risks will include but are not limited to, misrepresentation of services or products, fraudulent schemes, unsatisfactory quality of legal or prescribe services, failure to meet specifications, unlawful services, delay or default in delivery or payment, cost miscalculations, breach of warranty, and/or breach of contract. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that LWFH will not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
4.6 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell the exact combination of services offered by LWFH in a awebsite format, or the whole or substantial or copyrighted parts of LWFH Website , and (b) you will not copy, reproduce, download, compile or otherwise use any concept of LWFH to operate a business that competes with LWFH, or otherwise commercially exploit the content or Personal Data. Systematic retrieval of content from the LWFH Website to create or compile, directly or indirectly, a collection, compilation, Database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from LWFH, is prohibited. Use of any content or materials on the LWFH Website for any purpose not expressly permitted in the Terms is prohibited.
4.7 Subscribers and Advertises volunteers content which may include Personal Data, articles, advertisements ans images which may comprise intellectual property rights which vest in, or which use is authorised, by the person who publishes or volunteers content on the LWFH Website and extended platform.
4.8 LWFH undertakes that any personal information provided by any Subscriber or Users, will be protected in order to comply with the requirements of the Protection of Personal Information Act, 4 of 2013 (“POPI”) and with any other laws in force in the Republic of South Africa from time to time, which has as its object, the protection of an individual’s privacy.
4.9 Personal data is provided to LWFH on a voluntary basis for social networking and marketing purposes. LWFH respect privacy in the row comply with POPI with personal data is collected.
4.10 Uses will be able to connect on all the LWFH social media papers and articles published by lawyers.
4.11 LWFH may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) or otherwise to such third parties’ website or LWFH Website. You are cautioned to read such website terms and conditions and/or privacy policies before using the website. You acknowledge that LWFH has no control over such third parties’ website, does not monitor such Website, and will not be responsible or liable to anyone for such website, or any content, products or services made available on such website.
4.12 You agree not to undertake any action to undermine the integrity of the computer systems, hosting or networks of LWFH and/or any other User nor to gain unauthorised access to such LWFH Website, computer systems, hosting or networks.
4.13 By posting or displaying any information, content, trade marks or material on the LWFH Website or providing any content to LWFH or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to LWFH to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the LWFH Website, the provision of any Services and/or the business of the User. You confirm and warrant to LWFH that you have all the rights, power and authority necessary to grant the above license.
4.14 Any comments made on the LWFH Website or social media pages that may be racist or hate speech on the LWFH pages or post will not to be construed as being those of LWFH. LWFH cannot be held liable for any harm, damages and legal actions based on such comments or posts not made by LWHF itself. LWFH has the right to monitor, sensor and/or delete any comments or posts by Uses of which it may become aware of.
4.15 Feedback from Users is welcome to help LWFH improve the Services and Website. For all communication you share with LWFH, including but not limited to, responses, submissions, feedback, questions, comments, suggestions, and the like LWFH will be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
- Users contracting as Subscribers or Advertiser
5.1 LWFH has the right, but no obligation, to vet, accept or reject a User who wants to subscribe as Subscriber or contract as Advertiser.
5.2 The requirements for South African lawyers to be approved and hosted as Subscriber on the LWFH Website are as follows:
4.1 Minimum LLB degree (or equivalent 4 year university law degree);
4.2 Falling in a professional lawyer type category of a Practising Attorney, Practising Trust Account Advocate, Practising Referral Advocate, Legal Consultant or Law Academic;
4.3 Acceptance and compliance of the Subscriber Terms and Conditions; and
4.4 Payment of a fixed monthly subscription fee in advance on a month to month basis.
5.3 Subscribers undertake to comply with the Legal Practice Act 28 of 2014 (“LPA”) and other codes, rules, ethics and laws of South Africa governing the legal profession.
5.4 Upon subscribing on the LWFH Website, a Subscriber will choose a name and password to create and access his/her profile. .
5.5 Each Subscriber will be solely responsible for maintaining the confidentiality and security of your Subscriber and password and for all activities that occur under the account. No Subscriber may share, assign, or permit the use of your Subscriber account, ID or password by another person outside of the Subscriber or own legal practice. The Subscriber agrees to notify LWFH immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.
5.6 The Subscriber agrees that all activities that occur under your account (including without limitation, posting any company or legal practice, company or legal service information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, or sending emails using the email associated with the account) will be deemed to have been authorised by the Subscriber.
5.7 In consideration for the Services obtained through the LWFH Website, the Subscriber will pay the agreed monthly subscription fee indicated in the Subscriber Terms and Conditions.
5.8 Transactions between LWFH and Advertisers will further be governed by the Advertiser Terms and Confidtions and further online or off line agreements with LWFH.
- User, Subscriber and Advertiser Responsibilities
6.1 LWFH may, in its sole discretion, accept or deny the Services to a User, Subscriber or Advertiser.
6.2 Each User, Subscriber and AdvertiserAdvertiser represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder; (b) you use the LWFH Website and Services for business purposes only, and (c) the address you provide when registering is the principal place of business of your business entity.
6.3 Each User, Subscriber and Advertiser represents, warrants and agrees that (a) such information and material whether submitted is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
6.4 Upon becoming a Subscriber or Advertiser, or being a User, you consent to the inclusion of the contact information about you in our Database and authorise LWFH to share the contact information with Subscribers to deliver the Service.
6.5 Each User, Subscriber or Advertiser further represents, warrants and agrees that the User content that you submit, post, share or display will:
6.5.1 not be false, misleading or deceptive;
6.5.2 not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
6.5.3 not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.5.4 not violate the Terms or any LWFH Website or applicable Additional Agreements;
6.5.5 not violate any LWFH Website applicable laws and regulations (including without limitation those governing labour laws, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any LWFH Website applicable laws and regulations;
6.5.6 conduct your business transactions with LWFH in good faith;
6.5.7 not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
6.5.8 not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
6.5.9 not involve attempts to copy, reproduce, exploit or expropriate LWFH’s various proprietary directories, Databases and listings;
6.5.10 not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any LWFH Website or hardware system, data or personal information;
6.5.11 not engage in any activities that would otherwise create any liability for LWFH.
6.6 The Subscriber or User agrees to provide all necessary information, materials and LWFH Website approval, and render all reasonable assistance and cooperation necessary for LWFH’s provision of the Services, evaluating whether Subscriber or User has breached the Terms and/or handling any complaint against the Subscriber or User. If Subscriber or User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, LWFH will not be obliged to extend the relevant service period nor will be liable for any loss or damages arising from such delay, suspension or termination.
6.7 The Subscriber or User provides consent to LWFH to confirm, enquire and lodge its information with any third party, credit authority or bureau for authentication, credit checking, credit listings and credit scoring.
6.8 The Subscriber or User acknowledges and agrees that each Subscriber or User is solely responsible for complying with applicable laws and regulations in its respective jurisdictions.
- Breaches by Users, Subscribers or Advertisers
7.1 LWFH reserves the right, but is not obliged, in our sole discretion, or upon a request from a User, to remove, modify or reject any content provided to the LWFH Website which LWFH reasonably believe is unlawful, violates the Terms, could subject LWFH to liability or is otherwise found inappropriate in LWFH’s opinion or offence to legal profession.
7.2 If any User, Subscriber or Advertisers breaches any Terms, or if LWFH has reasonable grounds to believe that a Subscriber or User is in breach of any Terms, LWFH will have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Subscriber’s account and any and all accounts determined to be related to such account by LWFH in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) imposing other restrictions on the Subscriber, User or Advertisers’ use of any features or functions of any Service as LWFH may consider LWFH appropriate in its sole discretion; and (iv) any other corrective actions, discipline or penalties as LWFH may deem necessary or LWFH appropriate in its sole discretion.
7.3 LWFH reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, LWFH may disclose the Subscriber or User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. LWFH will not be liable for damages or results arising from such disclosure, and Subscriber or User agrees not to bring any action or claim against LWFH for such disclosure and for these Terms provided.
7.4 LWFH may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Subscriber or User’s use of any Service or the LWFH Website without being liable to the Subscriber or User if LWFH has received notice that the Subscriber or User is in breach of any Terms or Additional Agreement or undertaking and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.
7.5 Each Subscriber or User agrees to indemnify LWFH, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any content, from your use of the LWFH Website or Services, or your breach of the Terms.
- Limitation of Liability
8.1 Subject to the provisions of Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) the Services provided by LWFH on or through the LWFH Website are provided “as is”, “as available” and “with all faults”, and LWFH hereby expressly disclaims any and all warranties, express or implied, including but not limited to:
8.1.1 LWFH does not guarantee the suitability of any Subscriber for instruction or legal matter, and it shall be the responsibility of the User to determine whether a Subscriber satisfies the requirements in respect of the instructions they want to provide to the Subscriber. Further, save for identity verification required to conclude additional LWFH Agreements,, if any, neither LWFH nor the LWFH Website can independently verify any information provided by the Subscriber.
8.1.2 LWFH will not bear any liability for loss or damage suffered by the Subscriber or User, of any nature whatsoever, if a Subscriber accepts a User’s legal instruction and subsequently fails its duty, proves unsuitable for the matter for any reason whatsoever, including for misrepresenting of his or her qualifications and/or experience, or for otherwise providing inaccurate or false information.
8.2 Any material uploaded and/or downloaded or otherwise obtained through the LWFH Website is done at each User’s sole discretion and risk and each User is solely responsible for any damage to LWFH’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from LWFH or through or from the LWFH Website will create any warranty not expressly stated herein.
8.3 To the fullest extent permitted by law, each User hereby agrees to indemnify and save LWFH, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the LWFH Website or Services or your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save LWFH, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to LWFH, including but not limited to those set forth hereunder.
8.4 LWFH will not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following; the use or the inability to use the LWFH Website or Services or the Subscriber’s service delivery; unauthorised access by third parties to data or private information of any User; statements or conduct of any User of the; or any matters relating to Services however arising, including negligence.
- Force Majeure
Under no circumstances will LWFH be held liable for any delay or failure or disruption of the content or Services delivered through the LWFH Website to Users, Subscribers or Advertisersr, resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet or rooter failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, natural disasters, war, governmental actions, loadshedding imposed by Eskom or unavailability of electricity or Internet access to any party, regulations regarding COVID-19 or any other possible pandemic, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Intellectual Property
10.1 LWFH is the sole owner or lawful licensee of all the rights and interests in the LWFH Intellectual Property. The LWFH Website embody intellectual property rights protected under worldwide copyright and other laws. All titles and ownershiprights in the LWFH Intellectual Property is owned and remain with LWFH. All intellectual property rights not otherwise claimed under these Terms or by LWFH are hereby reserved.
10.2 “Lawyers Working From Home” trading style and related icons and logos are trade marks, registered or unregistered of LWFH, in various jurisdictions and are protected under copyright, trade mark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
10.3 By and through the use of the LWFH Website and Services, you hereby permit LWFH to publish and/or use your copyright, logo or trade mark for purposes of delivering the Service. You understand that LWFH may use said copyright, logo or mark for advertising and/or marketing relating to LWFH, the LWFH Website, partner websites, and all other purposes related to LWFH. LWFH may use your copyright, logo or mark for these purposes without further permission or acquiescence. You hereby release LWFH from all liability relating to the publication or use of copyright, logo or trade mark.
10.4 The Subscriber andAdvertiser hereby consent to the use of their photographs and visual representations they voluntarily share or submit for publication on the LWFH Website and social media platforms.
11.1 All legal notices or demands to or upon LWFH will be made in writing and sent to LWFH personally, by courier, registered mail or dedicated email address to the contact details below.
11.2 Any notice is given by a LWFH or a User (“the addressee”) which:
11.2.1 is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being, will be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
11.2.2 is transmitted during normal business hours by electronic mail to the addressee’s email address, will, unless the contrary is proved by the addressee, be deemed to have been received by the addressee within twenty-four hours of the date of transmission, and if transmitted after normal business hours will be deemed to have been received by the addressee within twenty-four hours from the first business day succeeding the date of transmission.
11.3 You agree that all Terms, agreements, notices, demands, disclosures and other communications that LWFH sends to you electronically satisfy the legal requirement that such communication should be in writing.
- General Provisions
12.1 Subject to any additional LWFH Agreements concluded, these Terms constitute the entire agreement between you and LWFH with respect to and govern your use of the LWFH Website and Services, superseding any prior written or oral agreements to the same subject matter herein.
12.2 LWFH and Users, Subscriber or Advertisers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision will be deleted and the remaining provisions will remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 LWFH’s failure to enforce any right or failure to act to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of LWFH’s right to act concerning subsequent or similar breaches.
12.6 LWFH will have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of LWFH). You may not assign, in whole or part, the Terms to any person or entity without consent of LWFH.
12.7 These Terms and additional LWFH Agreements will be governed by the laws of South Africa without regard to its conflict of law provisions and the parties to the Terms agree to submit to the non-exclusive jurisdiction of the courts of South Africa and specifically the High Court of South Africa, Gauteng Local Division, Pretoria.
- Disputes with LWFH
13.1 In the event of there being any dispute or difference between the parties arising out of this User Terms and Conditions or any other LWFH Agreement, the said dispute or difference shall be resolved amicably directly and between the parties. LWFH management should immediately be informed about a dispute via email.
13.2 If the parties cannot resolve the dispute amicably in terms of clause 13.1 above, within 21 days of declaring the dispute, on written demand by either party be submitted to arbitration or mediation in Pretoria.
13.3 Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration or mediation from applying to the appropriate court for urgent relief or judgment to a liquidated claim.
13.4 Any arbitration or mediation in terms of this clause 16 (including any appeal proceedings) shall be conducted in camera and the parties shall treat as confidential details of the dispute submitted to arbitration or mediation, the conduct of the arbitration proceedings and the outcome of the arbitration.
13.5 This clause 13 will continue to be binding on the parties notwithstanding any termination or cancellation of the Terms or agreement.
13.6 The parties agree that the written demand by a party to the dispute in terms of clause 16.1 that the dispute or difference be submitted to arbitration, is to be deemed to be a legal process to interrupt extinctive prescription in terms of the Prescription Act, 68 of 1969.
- ECTA compliance
14.1 These terms are subject to the provisions of ECTA and any of the terms that conflict with any of the compulsory provisions of the ECTA will be deemed to have been modified to comply with the ECTA.
14.2 For the purposes of the ECTA, LWFH’s information is as follows, which should be read in conjunction with its Service descriptions, Additional Agreements and other terms and conditions contained on the LWFH Website:
14.2.1 Full name: LawyerFirst Coaching & Consulting Proprietary Limited t/a LWFH, a private company registered as such under the laws of the Republic of South Africa, with company registration number 2018/255792/07 and having its principal place of business at 7 Mount Augusta Drive, Midlands Estate, Midstream, Gauteng, 1692;
14.2.2 Main business: LWFH has developed the LWFH Website which connects Users, Subscribers and Advertisers to serve lawyers and make legal services more accessible in South Africa;
14.2.3 Office bearer: Ms Emmie de Kock;
14.2.4 Official email address: [email protected]