Rajaram Mvulane Attorneys Inc (Registration Number 2019/175854/21)
TERMS AND CONDITIONS OF USE
1.1. This document sets out the terms and conditions (“Terms”) of Rajaram Mvulane Attorneys (Rajaram Mvulane Attorneys) pertaining to the access and use of the information, products, services, and functions provided on www.rajarammvulane.co.za (Website) and any applications (Application). 1.2. Should any person that accesses the Website and Application you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website, Application and/or using our services. 1.3. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission, and consent to be bound by these Terms before purchasing any products or services. 1.4. Rajaram Mvulane Attorneys reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website and Application. Each time a user accesses the Website, Application and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Rajaram Mvulane Attorneys from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website and Application. 1.5. We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment. 1.6. If there is anything in these Terms that you do not understand then please contact us as soon as possible at Arisha Rajaram Mvulane firstname.lastname@example.org and Nozipho Mvulane email@example.com
CONTENT OF THE WEBSITE AND APPLICATION
2.1. Rajaram Mvulane Attorneys reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and Application and any information or content on the Website and Application. 2.2. Rajaram Mvulane Attorneys reserves the right to change and amend the products, prices and rates quoted on this Website and Application from time to time without notice. 2.3. Rajaram Mvulane Attorneys may use the services of third parties to provide information on the Website and Application. Rajaram Mvulane Attorneys has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided “as is” and that Rajaram Mvulane Attorneys and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise. 2.4. Rajaram Mvulane Attorneys makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website and Application, including without limitation: 2.4.1. Rajaram Mvulane Attorneys does not warrant that the Website and Application or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Rajaram Mvulane Attorneys expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit ness for a particular purpose, non-infringement, compatibility, security, and accuracy; 2.4.2. whilst Rajaram Mvulane Attorneys has taken reasonable measures to ensure the integrity of the Website and Application and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website and Application are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and 2.4.3. Rajaram Mvulane Attorneys disclaims any responsibility for the verification of any claims. Information published on this Website and Application may be done so in the format in which Rajaram Mvulane Attorneys receives it and statements from external parties are accepted as fact.
LINKED THIRD-PARTY CONTENT
3.1. Rajaram Mvulane Attorneys may provide links to third party on the Website. These links are provided to the user for convenience purposes only and Rajaram Mvulane Attorneys does not endorse, nor does the inclusion of any link imply Rajaram Mvulane Attorneys’s endorsement of, such Website, their owners, licensees or administrators or such Website’s content or security practices and operations. 3.2. While Rajaram Mvulane Attorneys tries to provide links only to reputable Website or online partners, Rajaram Mvulane Attorneys cannot accept responsibility or liability for the information provided on other Website and Applications. Linked Website and Applications or pages are not under, nor subject to, the control of Rajaram Mvulane Attorneys. Rajaram Mvulane Attorneys is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised Website and Applications on the Website and Application. 3.3. You agree that Rajaram Mvulane Attorneys shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked Website or any link(s) contained in a linked Website and Application, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked Website on the Website and Application. Any dealings that you may have with any linked Website, including advertisers, found on the Website, are solely between you and the third-party Website and Application.
4.1. The user hereby agrees that it shall not itself, nor through a third party: 4.1.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website and Application for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms; 4.1.2. decompile, disassemble, or reverse engineer any portion of the Website and Application; 4.1.3. write and/or develop any derivative of the Website and Application or any other software program based on the Website and Application; 4.1.4. modify or enhance the Website and Application. In the event of a user effecting any modifications or enhancements to the Website and Application in breach of this clause, such modifications and enhancements shall be the property of Rajaram Mvulane Attorneys; 4.1.5. without Rajaram Mvulane Attorneys’s prior written consent, provide, disclose, divulge, or make available to or permit the use of or give access to the Website and Application by persons other than the user; 4.1.6. remove any identification, trademark, copyright or other notices from the Website and Application; 4.1.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Application, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or 4.1.8. notwithstanding anything contained to the contrary in these Terms, use the Website and Application for any purpose other than personal, non-commercial and information purposes.
5.1. In order to ensure the security and reliable operation of the services to all Rajaram Mvulane Attorneys’s users, Rajaram Mvulane Attorneys hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications. 5.2. You may not utilise the Website and Application in any manner which may compromise the security of Rajaram Mvulane Attorneys’s networks or tamper with the Website and Application in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website and Application, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website and Application, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Rajaram Mvulane Attorneys suffer any damage or loss, civil damages shall be claimed by Rajaram Mvulane Attorneys against the user. 5.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Rajaram Mvulane Attorneys and its affiliates, agents and/or partners.
INTELLECTUAL PROPERTY RIGHTS
6.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them: 6.1.1. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Rajaram Mvulane Attorneys, now or in the future, including without limitation, Rajaram Mvulane Attorneys’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not. 6.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website and Application (“proprietary material”), are the property of, or are licensed to, Rajaram Mvulane Attorneys and as such are protected from infringement by local and international legislation and treaties. 6.3. By submitting reviews, comments and/or any other content (other than your personal information) to Rajaram Mvulane Attorneys for posting on the Website and Application, you automatically grant Rajaram Mvulane Attorneys and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content. 6.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website and Application is granted to you. 6.5. Except with Rajaram Mvulane Attorneys’s express written permission, no proprietary material from this Website and Application may be copied or retransmitted. 6.6. Irrespective of the existence of copyright, the user acknowledges that Rajaram Mvulane Attorneys is the proprietor of all material on the Website and Application (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material. 6.7. Rajaram Mvulane Attorneys authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website and Application, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
RISK, LIMITATION OF LIABILITY AND INDEMNITY
7.1. The user’s use of this Website and Application and the information contained on the Website and Application is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. 7.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Rajaram Mvulane Attorneys be liable for any loss, harm, or damage suffered by the user as a result thereof. Rajaram Mvulane Attorneys reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Rajaram Mvulane Attorneys deem it necessary. 7.3. To the extent permissible by law: 7.3.1. Neither Rajaram Mvulane Attorneys, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website and Application or any functionality thereof, or the information contained on the Website and Application, or of any linked Website and Application, even if Rajaram Mvulane Attorneys knows or should reasonably have known or is expressly advised thereof. 7.3.2. The liability of Rajaram Mvulane Attorneys for faulty execution of the Website and Application, as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website and Application, shall be limited to Rajaram Mvulane Attorneys rectifying the malfunction, within a reasonable time and free of charge, provided that Rajaram Mvulane Attorneys is notified immediately of the damage or faulty execution of the Website and Application. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website and Application without the prior written approval of Rajaram Mvulane Attorneys. However in no event shall Rajaram Mvulane Attorneys be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website and Application or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software. 7.3.3. You hereby unconditionally and irrevocably indemnify Rajaram Mvulane Attorneys and agree to hold Rajaram Mvulane Attorneys free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Rajaram Mvulane Attorneys or instituted against Rajaram Mvulane Attorneys as a direct or indirect result of: 184.108.40.206. your use of the Website and Application; 220.127.116.11. software, programs, and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of Rajaram Mvulane Attorneys; 18.104.22.168. your failure to comply with any of the terms or any other requirements which Rajaram Mvulane Attorneys may impose from time to time; 22.214.171.124. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or 126.96.36.199. any unavailability of, or interruption in, the service which is beyond the control of Rajaram Mvulane Attorneys. 7.3.4. Rajaram Mvulane Attorneys makes no warranty or representation as to the availability, accuracy, or completeness of the content of the Website and Application. You expressly waive and renounce all your rights of whatever nature that you may have against Rajaram Mvulane Attorneys for any loss suffered by you, as a result of information supplied by Rajaram Mvulane Attorneys being incorrect, incomplete, or inaccurate.
9.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Rajaram Mvulane Attorneys. 9.2. You shall notify Rajaram Mvulane Attorneys should you discover any loss or unauthorised disclosure of the information. 9.3. Any information or material sent to Rajaram Mvulane Attorneys will be deemed not to be confidential, unless otherwise agreed in writing by the user and Rajaram Mvulane Attorneys.
BREACH OR CANCELLATION BY RAJARAM MVULANE ATTORNEYS
10.1. Rajaram Mvulane Attorneys is entitled without notice, in addition to any other remedy available to them at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and Application and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Rajaram Mvulane Attorneys’s right to claim damages, should any user: 10.1.1. breach any of these Terms; 10.1.2. in the sole discretion of Rajaram Mvulane Attorneys, use the Website and Application in an unauthorised manner; or 10.1.3. infringe any statute, regulation, ordinance, or law. 10.2. Breach of these Terms entitles Rajaram Mvulane Attorneys to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Rajaram Mvulane Attorneys on an attorney and own client scale.
COMPLIANCE WITH LAW
11.1. You shall comply with all applicable laws, statues, ordinances, and regulations pertaining to your use of and access to this Website and Application.
12.1. Except as explicitly stated otherwise, any notices shall be given by email to Arisha Rajaram firstname.lastname@example.org and Nozipho Mvulane email@example.com (in the case of Rajaram Mvulane Attorneys) or to the e-mail address you have provided to Rajaram Mvulane Attorneys (in your case), or such other address that has been specified. 12.2. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Rajaram Mvulane Attorneys may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Rajaram Mvulane Attorneys. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. 12.3. You acknowledge that all agreements, notices, or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. 12.4. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
13.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa. 13.2. This Website and Application is controlled, operated, and administered by Rajaram Mvulane Attorneys from its offices within the Republic of South Africa. Rajaram Mvulane Attorneys makes no representation that the content of the Website and Application is appropriate or available for use outside of South Africa. Access to the Website and Application from territories or countries where the content of the Website and Application is illegal is prohibited. Users may not use this Website and Application in violation of South African export laws and regulations. If the user accesses this Website and Application from locations outside of South Africa, that user is responsible for compliance with all local laws. 13.3. Rajaram Mvulane Attorneys does not guarantee continuous, uninterrupted, or secure access to our services, as operation of our Website and Application may be interfered with as a result of a number of factors which are outside of our control. 13.4. If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law. 13.5. Rajaram Mvulane Attorneys’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches. 13.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Rajaram Mvulane Attorneys. 13.7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not. 13.8. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate. 13.9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities. 13.10. These Terms set forth the entire understanding and agreement between Rajaram Mvulane Attorneys and you with respect to the subject matter hereof.