Terms and Conditions | Basics Legal

Website Terms and Conditions

Introduction

Welcome to Basics Legal ("Service" or "Site") owned and operated by Basics Legal (Pty) Ltd ("Basics"). By clicking "I Agree" on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by these terms and conditions, the Privacy Policy, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively "Terms"). If you do not agree with all the Terms, or if you are under the age of eighteen (18), do not use the Site. Please review all of the Terms carefully before using the Site.

By using the Site, you (i) represent that you are over the age of eighteen (18) and able to form legally binding contracts.

The words "user," "you" and "your" refer to the individual or entity that creates a Basics account and who asks a question on the Site. "Basics Legal”, "we”, "us" and "our" refer to Basics.

Basics provides legal information and general advice to help you understand over a variety of legal topics. Basics is not a law firm, nor a substitute for an attorney's advice, nor a legal referral service. We simply provide guidance to enable to run their businesses effectively.

By using the Site, you are agreeing that under no circumstances will the Basics, its affiliates, or any lawyer assisting via the Basics Site be responsible for (1) any information contained on or omitted from the Site(s), (2) any person's reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of Sites.

Intellectual Property

All information and contents of this Site is subject to copyright protection. All intellectual property vests in Basics and its director/s and any unauthorised reproduction, adaptation or modification thereof shall constitute copyright infringement. You grant to Basics a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable 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.

Copying or other use of any of the information contained on this Site is strictly prohibited.

Information Not Advice; No Client-Professional Relationship

Responses from the Site are provided and are to be used by Users for general information purposes only, not as a substitute for in-person evaluation or specific professional. No professional-client relationships shall be formed on the Site.

Suspension or Termination of Service.

You may terminate your Site account at your sole discretion and at any time by written notice via e-mail to info@basicslegal.co.za. Terminations typically will be effective within fourteen (14) business days after our receipt of your termination notice, at which time your account will be closed subject to you making payment of all outstanding amounts/fees owed to Basics and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms.

At any time, with or without notice, for any or no reason, Basics 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.

Exclusion of Warranties

BASICS 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 OR VIA EMAIL OR TELEPHONICALLY SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. BASICS DOES NOT REPRESENT OR WARRANT THAT THE SITE 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. BASICS DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BASICS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY.

Indemnification

You agree to indemnify and hold Basics, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, 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.

Limitation of Liability

The liability of Basics or Basics' representatives for damages whether arising from breach of contract, warranty, negligence, tort or otherwise in relation to the performance of an any services by Basics is limited to an amount not exceeding total fees payable for that specific service by the user of the Site.

Subject to the clause above, in no event shall basics or its representatives, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors or assigns be liable for any special, indirect, direct, incidental or consequential damages (including but not limited to) or loss of data, profit, business, goodwill, revenue or use, contract and penalties anticipated savings, in connection with or arising out of any agreement with Basics, use of the Site or advice give via the Site.

Basics and its directors shall not be liable for user submissions or defamatory, offensive, or illegal conduct of any user or third party and the risk of harm or damage falls on the User.

Electronic Communications and Right to Modify Terms

When you visit the Site 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 Basics account profile, your current and active email address.

Amendments

Basics may modify any of these terms and conditions at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that those changes that Basics, in its sole discretion, deems material changes to these terms and conditions will be effective as soon as they are posted on the Site. By using the Site you agree to the amended terms and conditions. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest terms and conditions will be posted on the Site, and you should always review them prior to using the Site.

Agreement; Assignment; Miscellaneous

The terms and conditions constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms.

You agree that Basics may assign the terms and conditions to any other entity of its choosing, with or without notice to you. You may not assign the terms and conditions to any other party for any reason, 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.

Basics shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Basics. No delay or omission on the part of Basics 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.

Jurisdiction

The South African courts will have non-exclusive jurisdiction over any claim or dispute arising from, or relating to, any visit to or use of the website or information available thereon or the use of the Basics services in any way. The laws of South Africa shall apply to any dispute that arises as a result of the use of the Basics Services or use of this Site. Should the dispute arise within the jurisdiction of a country other than South Africa, the laws of such country shall apply.

In the even of a dispute arising between you and Basics, you agree that the arbitration will be held as an "expedited arbitration" in Johannesburg, South Africa in accordance with the then current rules for expedited arbitration of the Arbitration Foundation of Southern Africa ("AFSA") by one independent arbitrator appointed by Basics Legal whose decision shall be final.

Severability

Each and every provision of these terms and conditions shall be deemed to be separate and severable from the remaining provisions of these terms and conditions and if any of the provisions is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these terms and conditions shall be and remain of full force and effect.

Address for Notices

Basis chooses as its address for all purposes under these terms, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the address stated under our contact page.

Term and Termination

These Terms shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Basics from time to time (as described above), for so long as the Site exists and is operational, Basics being entitled to terminate these Terms and/or shut down the Site at any time.

Basics Corporate Information

The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about itself available to customers on websites where the goods or services are offered.

Please visit our contact page for our information

Please read this Privacy Policy so that you can understand how we seek to enforce our firm commitment to privacy. Questions regarding this statement should be directed to the Basics named below by emailing info@basicslegal.co.za.

Privacy

Basics shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

The information gathered by this Site falls into two categories: (1) information voluntarily supplied by visitors to our Site when they register or initiate transactions, and (2) tracking information gathered as visitors navigate through our sites.

The PAIA may be downloaded from: http://www.info.gov.za/view/DownloadFileAction?id=68186

Basics may electronically collect, store and use the following of your personal information:

• name and surname;

• birth date;

• gender;

• country of residence;

• non-personal browsing habits and click patterns;

• e-mail address;

• IP address; and

• ID number / passport number.

Basics collects, stores and uses the above mentioned information for the following purposes:

to greet you when you access the Site;
to inform you of any changes to these Terms and Conditions;
to inform you of facts regarding the services you request on the Site;
subject to your consent, to inform you of other facts relating to your access and use of the Site;
to compile non-personal statistical information about browsing habits, click-patterns and access to the Site;and
to verify your identity when transacting with Basics.

Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.You may elect not to receive any communications from Basics and/or its partners / affiliates.

As a matter of general policy and practice, we do not sell or exchange visitors’ individual personal data with other companies. At times, we may aggregate various demographic and profile data collected at our Site, and share that data with advertisers and others on an aggregate basis, without any personally identifiable information. Basics may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:

Basics shall not disclose your personal information unless you consent thereto or unless require for the purposes of any legal process.
Basics may compile, use and share any information that does not relate to any specific individual; and
Basics owns and retains all rights to non-personal statistical information collected and compiled by Basics.

Basics may collect financial information (like credit card numbers) only from visitors making payment for the services by a credit card. Basics uses the financial information solely to charge the user for the services. Basics may also use customer contact information from the various registration forms, opt-in features, and service features to send the user information about our site, our company and our affiliates. Users may opt-out of receiving routine future mailings.

This Site may contain links to many other sites. The establishment of a link does not mean that the Basics Site has approved or is endorsing a site, has reviewed its content, or is in any manner recommending a visit. Basics is not responsible for the privacy practices or the content of linked websites.

Our site displays advertising and we also work with several unaffiliated companies that serve ads when you visit portions of our site. These ads may contain cookies. Cookies received with such banner or other ads, are collected by our advertisers and/or ad companies and we do not have access to information they collect.

These companies may use that information (which to the best of our knowledge, information and belief, does not include your name, address, email address, telephone number, or credit card number – unless you enter such information into their company forms) about your visits to this and other websites in order to provide advertisements on this site and about other sites and goods and services that they think may be of interest to you.

Save for Basics being liable to the user of the Site:

• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to services provided via the Site; and

• under sections 43(5) and 43(6) of the ECT Act in relation to Basics’ payment systems not being sufficiently secure,

neither Basics nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or content provided from and through this Site.

It is your sole responsibility to satisfy yourself prior to accepting these terms and conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Basics and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

Security

Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Basics suffers any damage or loss.You agree and warrant that your log-in name and password shall be used for your personal use only and not be disclosed to any third party.You allow Basics to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.

Children's Guidelines

This website is directed at adults, not children, and we do not seek to collect from children online contact information, or distribute to third parties any personally identifiable information from children, or entice children by the prospect of a special game, prize or other activity, to divulge information to us. We won't knowingly allow anyone under 18 to register with any of our sites or to provide any other personally identifying information without written approval of a parent or guardian.

Choice/Opt-Out

Our site often provides users the opportunity to opt-out of receiving communications from this site.

This site gives users options for changing and modifying information previously provided, often at the feature on which the user registered. For specifics concerning a matter impacting you, you can send email info@basicslegal.co.za.

Contacting the Website

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us at info@basicslegal.co.za.

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