1: This agreement sets out the terms on which we will provide you with our services and includes the use of our Documents and Multiplawyer™, as more fully described in clause 3 (“Services”).
Please read this agreement carefully before you use our Services. By accessing or otherwise using the Services in any way, you confirm that you agree to and accept all the terms of this agreement.
2: This agreement is between you, the person or organisation that has subscribed for the Services and Whipping the Cat (Pty) Limited.
3: The following words have specific meanings in this agreement:
“Advice and Information” means the advice, recommendations and other information provided as part of the Services however given to you.
“Documents” means any documents and material provided as part of the Services, whether in paper or electronic form.
“Multiplawyer” means your access to and use of our legal management system which may include interactions with a legal advisor via email, telephone or in person, the Advice and Information given to you as part of the Services and use of our Portal.
“Portal” means the secure management tool through which you will be able to access Documents, Advice and Information.
“Subscription” means the subscription option selected by you which may either be “once-off” or annual.
“Website” means our web site containing the information relating to the Services and through which some of the Services may be delivered.
4: This agreement applies to all parts of the Services that you use.
You may allow the named user(s) approved by us and paid for by you, to access and use the Services for your own internal business purposes, for the period of your Subscription.
You agree to ensure that the named users approved by us to use the Service are aware of the terms of this agreement and use the Service in accordance with this agreement.
You may not use the Services to provide advice to a third party. If we reasonably suspect you are using the Services to provide advice to any third party, we may suspend or terminate your use of the Services without giving you a refund,
We will ensure that Documents, Advice and Information is prepared and maintained with reasonable care and skill and is prepared in regard to the information provided by you.
We will monitor changes in the law and take reasonable efforts to ensure that the Documents, Advice and Information are kept up to date.
While we will take care to make sure that we understand your requirements, the Documents, Advice and Information may not take into account all your particular circumstances. If you are unsure about whether to use a particular Document or how any Advice and Information might affect you or be used by you, we recommend that you clarify your requirements and get back to us so that we can collectively agree how best to deal with your particular circumstances.
If you use any Document you do so entirely at your own risk. We recommend that you do not re-use any Document or rely on any Advice and Information that you have used or relied upon previously. You should always check the Website to verify whether the Document and/or Advice and Information has been amended and any related materials updated.
We will not incur any third party expenses (for example, trademark registration fees) unless you authorise them. Once authorised by you, you are responsible for these expenses.
Operation of the Services (or portions thereof) may be suspended from time to time for maintenance or repairs or other reasons.
The laws applicable to the Documents, Advice and Information are the laws of South Africa.
5: The Documents provided are drafted or sourced by us based on our or the author’s interpretation of current principles of law in South Africa and your requirements as provided to us. Please make sure that you consult with us and make a full disclosure of your requirements before making business decisions on the use of the Documents.
We accept no liability for the Services we provide to you if you use the Documents or Advise and Information inappropriately, do not follow the advice provided promptly and/or if you fail to provide us with all facts relevant to the issue that is the subject of the Advice and Information.
We will not in any circumstances be liable to you for any loss arising from your use of or inability to use the Services, including indirect or consequential loss or loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any authority and in each case whether arising directly or indirectly.
Our liability to you in respect of losses or damages arising directly or indirectly from your use of or inability to use the Services or any part of them, irrespective of whether such loss or damage is based on contract, delict (including negligence) or otherwise, will in no event exceed the fees paid to us for the Service that gave rise to the liability or R250 000, whichever is the lesser. Any claim against us must be brought within 360 days from the date on which you received the Advice and Information or downloaded the Document giving rise to the claim.
Subject to applicable law, you may not bring any claim in respect of any loss against any of our directors, staff members or contractors personally.
6: If you have downloaded or been sent a Document you may not remove or modify any copyright notices, trademarks or other proprietary notices.
We grant you a non-exclusive, non-transferable license for the period of your Subscription to download Documents and make copies of the Document as reasonably required in connection with the review, negotiation, modification (at your risk), signing and use of that Document for your own business purposes.
7: We make reasonable efforts to ensure that the Website, our server and systems are virus-free but cannot guarantee that this is the case. We recommend that you use virus protection software. We cannot guarantee that the Website or Portal (including its contents) will be compatible with your browser or computer configuration or that your access to the Website or Portal will be uninterrupted, because this is beyond our control.
8: In performing our obligations in this agreement you may provide us with personal data. We will only use any information you give us to manage how you use the Services, meet our obligations under this agreement or any other agreement we have with anyone who licenses or subcontracts to us, contact you for customer research and advise you of other products and services that may be of interest to you. In providing us with personal data you consent to our processing of such personal data as set out in this clause.
9: In performing our obligations in this agreement you may provide us with confidential information. This information will at all times be stored, treated and used by us in compliance with applicable South African laws. Please note that we are not a law firm, our Services are not provided in contemplation of litigation and may not be regarded as “privileged” in any legal proceedings. Please contact us if you need any more information about this.
10: If you select an annual subscription, you may terminate this agreement on 30 days’ notice in writing.
We may terminate this Agreement by giving you 5 days written notice at any time. If we do so, we will refund to you the pro rata amount of any Subscription fee paid to us.
We may terminate this agreement immediately and without refund if you commit a material or persistent breach of this agreement or you fail to pay any amount you owe us on due date for payment.
11: General terms
If we choose to initially ignore a breach by you of any part of this agreement, we may still take issue with you at a later stage or if you breach the same or any other part of this agreement again.
If a court or regulatory body decides that any wording in this agreement cannot be enforced, that decision will not affect the rest of this agreement, which will remain binding on both of us.
If circumstances beyond our reasonable control arise, we will not be liable for failing to meet our responsibilities in this agreement because of those circumstances, for as long as those circumstances continue.
You may not transfer this agreement to anyone else. We may transfer this agreement to another organisation which is part of our group of companies but will let you know before we do so.
This agreement must be read together with any other formally accepted contract or terms agreed between us enabling your use of the Services, including without limitation our Website terms. This agreement takes precedence over any terms submitted by you.
This agreement is effective from the date you completed your registration.
This agreement is governed by the laws of South Africa.