By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.
In the Terms, "User," "you" and "your" refer to the individual or entity that creates a South African Legal Advice account as a Customer and/or Lawyer. "South African Legal Advice," "we," "us" and "our" refer to South African Legal Advice. "Customer" refers to the person who asks a question on the Site. "Lawyer" refers to the person who answers a question on the Site.
When you visit www.salegaladvice.co.za or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your South African Legal Advice account profile, your current and active email address.
South African Legal Advice may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective thirty (30) days after notice to User, either via email from [email protected] or [email protected] to your email address on file with South African Legal Advice or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the South African Legal Advice website. If you specifically agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
South African Legal Advice Site is a venue for informational and educational purposes to allow Customers to ask questions and Lawyers to answer them. Users of the Site, not South African Legal Advice, provide the content in Posts (defined below). The Lawyers determine which questions to answer; Lawyers are not employees or agents of South African Legal Advice but are, like Customers, simply Users of the Site.
South African Legal Advice is not involved in the conversation between Customers and Lawyers and does not refer Customers to or endorse or recommend particular Lawyers. You acknowledge that South African Legal Advice cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Accordingly, South African Legal Advice is not liable for any acts or omissions of Lawyers, content in Posts, the ability of Lawyers to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Lawyer will complete a transaction. Notwithstanding the foregoing, South African Legal Advice reserves the right, but is not obligated, to refuse to post or to remove any content.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals. The Site is not the appropriate venue to deal with such situations.
The Site is an Internet-based forum (akin to a modern version of a radio call-in program) and information submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Lawyer Forum and other places where Users communicate on the Site (collectively "Posts") is not private or confidential, nor is it protected by attorney-client privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.co.za, your questions, answers, and other Posts on salegaladvice.co.za that relate to the search may appear in the google.co.za search results list). To better protect your privacy, use an anonymous user name and do not include_once information regarding your identity or contact information in your Posts.
The Website www.salegaladvice.co.za enables Customers to obtain legal advice from qualified Lawyers online. The use of the service bought from this Website is at the Customer's risk. The Customer / user indemnifies and holds South African Legal Advice harmless against any loss, injury or damages which may be sustained as a result of using the services sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details will be kept in the strictest confidence by the South African Legal Advice and not sold or made known to third parties. Credit card details are not kept by South African Legal Advice under any circumstances.
South African Legal Advice 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.
Online Payment – MyGate Payment Gateway All online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to www.mygate.co.za to view MyGate security policy.
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. South African Legal Advice uses this information to determine use of the Website, and to improve Content thereon. South African Legal Advice assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Every Lawyer on the Site is a qualified practising Lawyer in South Africa, and is somebody who has been admitted by the High Court of South Africa as a Lawyer or Advocate. Details regarding the credential(s) for each Lawyer can be found by clicking the "What’s This" link next to the "Verified" logo associated with each Lawyer. Other information about an Lawyer, not shown as verified, has been provided by the Lawyer but has not been verified. Use of the term "Lawyer" by South African Legal Advice and on the Site is only meant to describe Lawyers who answer questions on the Site, and not to guarantee any particular level of expertise of the Lawyers.
South African Legal Advice performs the verifications described above. South African Legal Advice makes efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee, a User's purported identity; user identification on the Internet is difficult. For these reasons, South African Legal Advice cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Lawyers. South African Legal Advice will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.
Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, tax, financial, etc.) advice. Lawyers in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a User. By answering questions, Lawyers do not form attorney-client relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Lawyers in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
No professional-client relationships shall be formed on the Site.
Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include_once safeguards and procedures typical of in-person evaluations and visits.
Before you can interact with an Lawyer, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms of Service.
User Accounts. When you register as a User on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify South African Legal Advice of any unauthorized use of your password or account. You should only create one account on the Site. If any South African Legal Advice account of yours has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active South African Legal Advice accounts.
Restricted Activities. You agree that any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any law, statute, ordinance, regulation or ethical code; (d) be competitive with South African Legal Advice or the Site; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include_once descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include_once . You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without South African Legal Advice' prior written consent.
You are prohibited from soliciting Users of this Site, including Lawyers, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with South African Legal Advice or the Site or charges money to receive answers or to communicate with purported Lawyers or specialists).
Suspension or Termination of Service. If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to [email protected]. Cancellations will be effective within 7 business days. Any fees accrued as of the effective date of termination will be payable according to the Terms.
At any time, without notice, for any or no reason, South African Legal Advice reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
South African Legal Advice' platform allows you to post your questions to Lawyers in your questions' categories, facilitates communication with Lawyers via chat, emails and online message boards, and enables delivery of answers to your questions, among other services ("Site access benefits").
Pay-Per-Question. With the pay-per-question model, you select the price that you are willing to pay for the Site access benefits related to a single question. Once you have selected the price and paid the amount, your question can be posted on South African Legal Advice. Lawyers typically respond quickly, either with a request for further information or with an answer. With requests for further information, it is important that you take advantage of the opportunity to communicate directly with the Lawyer so the Lawyer can benefit from your further information in providing the answer.
Once you receive an answer from an Lawyer, you will be asked whether you found the answer to be helpful and would like to accept it. You are requested to accept the answer if you find it to be helpful (as determined by you in your sole discretion). By accepting an answer, you are instructing and authorizing that a portion of your payment be paid to the Lawyer instead of to South African Legal Advice. By accepting more than one answer, you are authorizing South African Legal Advice to charge your payment source (for example, the credit card or PayPal account you provided to South African Legal Advice) multiple times and instructing and authorizing that a portion of each of your payments be paid to the Lawyer instead of to South African Legal Advice. For example, if you accept two answers, your payment source will be charged twice the price.
South African Legal Advice does not guarantee that you will receive a response from an Lawyer, or that you will be satisfied with your communication with an Lawyer. In the rare instance that no Lawyer responds at all to your question within thirty (30) days, South African Legal Advice will provide you, as part of the Site access benefits, with copies of or access to other previously asked questions and answers on South African Legal Advice in a category related to your question (as determined by South African Legal Advice in its sole discretion).
South African Legal Advice takes customer satisfaction seriously. Accordingly, if you do not accept an answer and are not satisfied with your experience on South African Legal Advice for any reason, then as your sole remedy you may request a refund within thirty (30) days of when you paid to ask your question on South African Legal Advice here by contacting us via e-mail at [email protected]. Please check here before requesting a refund to make sure you have viewed the most up-to-date responses to your question. If you do not request a refund within thirty (30) days of your payment, South African Legal Advice is not required to provide you a refund for any reason and shall be entitled to retain the full amount of your payment as compensation for providing the Site access benefits related to your question.
If we believe, in our sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, we will continue to investigate the situation until we have adequate resolution, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. We will make commercially reasonable efforts not to exceed a ninety days hold on your account as we and/or a third-party investigate.
South African Legal Advice maintains the right to initiate special incentive, pricing, membership, and other programs. These may be limited, at South African Legal Advice’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into customer accounts by South African Legal Advice for use towards answers on the Site remain the property of South African Legal Advice (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for thirty (30) days.
Users are responsible for their acts and omissions and content placed on the Site. Because South African Legal Advice Site is a venue, in the event that you have a dispute with one or more Users, you release South African Legal Advice (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You acknowledge that South African Legal Advice and its licensors and suppliers own the rights to South African Legal Advice.co.za and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the www.salegaladvice.co.za website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by South African Legal Advice, South African Legal Advice Users, or South African Legal Advice Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the South African Legal Advice blogs, the South African Legal Advice page on www.facebook.com, the South African Legal Advice venue on www.twitter.com, or to the Site administrator or any employee, officer or agent of South African Legal Advice ("User Content"), will not be considered confidential and may be used by South African Legal Advice, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that South African Legal Advice owns, and has the right to register in its name, trademarks and service marks for any category names that you create on South African Legal Advice, so do not use a category name that you want to reserve for your own benefit. South African Legal Advice may use other trademarks or service marks in lieu of the category names that you create.
You grant to South African Legal Advice a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
South African Legal Advice may endeavor to offer to its Users products and services offered by non-South African Legal Advice entities. Placement of information, logos, links or names of such non-South African Legal Advice entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold South African Legal Advice harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and South African Legal Advice or between any User (including Customers and Lawyers) and South African Legal Advice by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that South African Legal Advice is not responsible for the acts or omissions of Users on the Site.
The amount of storage space per User is currently limited. You agree that South African Legal Advice is not responsible or liable for the deletion or failure to store content and/or other information.
South African Legal Advice SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. South African Legal Advice DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. South African Legal Advice DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL South African Legal Advice BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS LawyerS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM South African Legal Advice OR THROUGH OR FROM South African Legal Advice SERVICES SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL South African Legal Advice, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO South African Legal Advice IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) R100.00 (ZAR)
You and South African Legal Advice agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users' responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
You agree to indemnify and hold South African Legal Advice, any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site.
The Site may contain press releases and other information about South African Legal Advice. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by South African Legal Advice. Likewise, third-party press about South African Legal Advice or the Site should not be relied upon as being provided or endorsed by South African Legal Advice.
CHOICE OF LAW - This Website is controlled, operated and administered by South African Legal Advice from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is 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 consents to the jurisdiction of the Western Cape High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as 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.
DISPUTES; DISPUTE RESOLUTION - All disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the User's email address on file with South African Legal Advice, or (b) [email protected], whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Mediation with the Arbitration Association of Southern Africe ("AASA"), with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AASA, in which case the Dispute shall be resolved by binding arbitration to be held in Cape Town, South Africa, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.
IMPROPERLY SUBMITTED CLAIM - All Disputes must be resolved as set forth above. Disputes filed in a different manner shall be considered improperly filed, and shall entitle South African Legal Advice to attorneys’ fees and costs up to R100,000.00, provided that South African Legal Advice has notified you in writing (at the email address on file with South African Legal Advice will suffice) of the improperly filed claim, and you have failed to withdraw the claim promptly.
NO CLASS CLAIMS; WAIVER - The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts located in Cape Town, South Africa.
You agree that South African Legal Advice may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for many reasons, including but not limited to because your interaction with other users of the Site the pricing offered, and fraud mechanisms in place, are based upon individual usage. South African Legal Advice shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by South African Legal Advice. No delay or omission on the part of South African Legal Advice in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Sections 5, 9 (with respect to amounts remaining in your account as of termination), 10, 12, 15, 16, 17, 19 and 20 above will survive any termination of this Agreement.