WEBSITE TERMS & CONDITIONS Updated on August 4, 2013
Welcome to the legalcharts.co.za website .
Please take a moment to read these terms and conditions including our policies (collectively the “Terms”) to understand how they apply to your use of our website and any products or services that you may order online.
Please do not use our website if you do not agree to be bound by these Terms.
1) Terms and conditions apply now
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties
2) Legal Age and Capacity
You may not use the Website and may not accept these Terms if you -
- lack the legal capacity to enter into a binding contract with legalcharts.co.za;
- are a person who is not permitted to access or use this Website under the laws of the country in which you are resident or from which you access this Website; and/or
- require the consent of a guardian or parent to agree to these Terms and have failed to obtain that consent.
3) Use of our website
You are welcome to browse or use our website for your commercial shopping. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited unless agreed in writing by us. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
By using the Website and/or the Content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these Terms.
Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.
5) Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. Database also belong solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of these Terms, solely for your personal, lawful use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
6) Disclaimers and Exclusions of Liability
Whilst every effort has been made to ensure that the information published in our legal charts is accurate, legalcharts.co.za , the owner, editors, printers, and anybody associated with the making or the distribution of this work accepts no responsibility for any loss or damage suffered by any person or property as a result of the reliance upon the information contained herein.
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than the monetary value of any order placed via this website.
7) Confirmation of Orders
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
8) Customer request legalcharts.co.za to use a carrier to transport the goods
Should legalcharts.co.za at the Customer's request, agree to engage a carrier to transport the Goods to the Customer, then:
(a) legalcharts.co.za is authorised to engage a carrier on such terms and conditions as it deems fit; and
(b) The Customer indemnifies legalcharts.co.za against all demands and claims which may be made against it by the carrier so engaged and all liability which legalcharts.co.za may incur to the carrier arising out of the transportation of the Goods.
(c)The risk in the Goods shall pass to the Customer on delivery of the Goods.
(d)The signature of the employee or agent of the Customer which appears on legalcharts.co.za official delivery note or waybill or delivery note of any authorised independent carrier, shall constitute conclusive evidence of delivery of the Goods purchased.
(e)If more than one delivery is to be made then the provisions of this clause 8 shall apply to each delivery.
(f)Time of delivery shall not be of the essence.
9.1 Legalcharts.co.za liability to the Customer for any damages sustained by the Customer from any cause whatsoever including any damages arising out of Legalcharts.co.za negligence or that of its servants, agents or sub-contractors shall in any event and under all circumstances, be limited to the replacement at Legalcharts.co.za premises of the Goods which at the date of delivery thereof are subject to a patent defect arising from defective materials.
9.2 Except as provided in 9.1 above, Legalcharts.co.za shall in no circumstances whatsoever be liable for any loss of profit or any damage direct or indirect, consequential or otherwise sustained by the Customer whether or not caused by the negligence of Legalcharts.co.za, its agents or employees.
9.3 Insofar as any of Legalcharts.co.za obligations under the contract are carried out by any of its servants, agents, subcontractors, associates or subsidiaries, the provision of 9.1 and 9.2 above are stipulated for their benefit as well as for Legalcharts.co.za and each of them shall be exempted accordingly.
9.4 The customer shall not have any claim of any nature whatsoever against Legalcharts.co.za for any failure by Legalcharts.co.za to carry out any of its obligations under its contract with the Customer as a result of causes beyond Legalcharts.co.za control, including but without being limited to any strike, lockout, shortage of labour or materials, delays in transport, accidents of any kind, any default or delay by any sub-contractor or supplier of Legalcharts.co.za, riot, political or civil disturbances, the elements, any act of any State or Government, any delay in securing any permit, consent or approval required by Legalcharts.co.za for the supply of Goods under the contract or any other authority of any other cause whatsoever beyond Legalcharts.co.za absolute and direct control.
10) Law & arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Durban at a venue of our choice .
11) Amended or updated terms
We may periodically update or change the Terms, without notice. You should check them from time to time as your continued use of our website will mean you accept any updated or revised Terms.