TERMS AND CONDITIONS
Website Terms and Conditions of Use Relating to www.legalmart.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Legalmart (“Provider”) website located at the domain name www.legalmart.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website www.legalmart.co.za sells legal services online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products 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, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider 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.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
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.
Refund and Return Policy
The provision of goods and services is subject to availability of staff. In cases of unavailability, the provider will provide the User with the services as soon as staff is available. NO refund will be made to the User. No Cancellation of orders for services will be allowed.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if services are not available. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the services bought by consumers through the e-commerce facility should be directed to the Manager, at 012 379 1756 or customerservices@legalmart.co.za. Should there be any complaints regarding the quality of our services, or any mistakes on documents prepared by us, we will rectify such mistakes on request of the user FREE OF CHARGE. Should your divorce not go through because of a mistake on our side, we will rectify such mistake free of charge. If your divorce still does not go through, we will refund you to total amount paid by you to us for this service provided that you undertake not to use our document or the contents thereof in any way to obtain a divorce decree.
Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof. We will not be held liable for any court documents rejected by court as ALL court documents and pleadings are provided to you FREE of charge in order to assist you. Our fee is for providing you with legal advice and preparing and providing you with a settlement agreement and legal advice for a period of 1 year after divorce. Should any court refuses to issue your divorce summons as provided by us to you FREE of charge, you will have to either pay for the services of an attorney to prepare another or use the standard documents provided by court. NO refunds will be made in the event that a court or registrar of the court refuses to issue the documents.
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. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider 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 Witwatersrand 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. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Identity
PLEASE NOTE THAT SA LEGAL IS NOT A FIRM OF ATTORNEYS BUT THAT WE ACT AS LEGAL AND FAMILY LAW ADVISORS. WE CAN NOT AND WILL NOT REPRESENT YOU IN COURT. SHOULD YOU REQUIRE AN ATTORNEY TO REPRESENT YOU IN COURT, WE CAN APPOINT ONE OF OUR PANEL ATTORNEYS ON YOUR BEHALF AT THE PRESCRIBED FEE.
WE WILL ONLY PROVIDE YOU WITH LEGAL ADVICE AND MESSENGER SERVICES TO SUBMIT THE DOCUMENTS TO COURT, SHERIFF AND THE FAMILY ADVOCATE.
SHOULD YOU REQUIRE THE SERVICES OF AN ATTORNEY, WE WILL APPOINT ONE OF OUR PANEL ATTORNEYS ON YOUR BEHALF AT AN ADDITIONAL FEE. BY REGISTERING AND MAKING USE OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE FACT THAT WE DO NOT ACT AS ATTORNEYS BUT AS LEGAL ADVISORS INSTEAD AND THAT WE HAVE AT NO STAGE PRESENTED OURSELF TO BE YOUR ATTORNEY OF RECORD, OR TO BE A FIRM OF ATTORNEYS AT ALL.
Other
By registering as user, the User consents that the Provider or any of it's affiliate companies may contact him/her from time to time via telephone, email, sms or any other means for any purpose, including for promotional reasons. You agree that your detail may be provided to any of our affilate companies for promotional reasons. We will not accept liability in any way or manner for divorce cases that is taking longer to finalize than advertised.
We do not charge for preparing the summons in divorce case. Our fee is for preparing the settlement agreement, advice and handling of the process. The summons is a free service to our paying clients.
By registering for our online divorce service, you agree that you, the user enter into a legal agreement with the Provider to order the said service from the Provider.
LEGALSMART MEMBERSHIP
By registering as a Legalsmart member, you accept the general terms and conditions, and:
1. Consent to the deducting of the amount of R35.00 per month per debit order from your bank account;
2. That you will remain a member for at least 24 months from date of registration;
3. You declare that you are familiar with the terms and conditions of membership as it is now, or in the future;
4. You declare that you are aware of the benefits of being a member and that no misrepresentation was made either telephonically or orally other that the benefits as published on our official website from time to time.
5. You declare that you are aware of the fact that membership fees are payable in advance and that a registration fee equal to the monthly membership fee is payable on registration;
