We are Fenwick Boshoff Inc.
We operate the websites www.fb-law.co.za (the ‘website’).
These terms and conditions govern your use of all our websites. By using these websites, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites. The latest version on each website each me you access or use it, will apply.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
The privacy policy located at www.fb-law.co.za is incorporated herein by reference and will prevail over these terms in case of any conflict. Please familiarise yourself with the terms before you use our websites.
2. Monitoring:
Your use of the products and services on this Web site may be monitored, and the information may be used for internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.
Our websites use cookies. By using our websites and agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms of our privacy policy / cookies policy.
We may offer you services and/or products from me to me and reserves the right to modify, replace or discontinue any existing service without prior notice to you.
You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via these services only for your own use.
You acknowledge and agree that all right, tittle and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used on the websites or the service including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and so ware) is our property and will remain vested in Fenwick Boshoff Inc. under all circumstances.
You agree that you will not at any me or under any circumstances acquire any rights of any nature in and to the Fenwick Boshoff Inc. intellectual property.
You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Fenwick Boshoff Inc. This includes:
Fenwick Boshoff Inc reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information.
In addition:
Access to certain areas of our websites is restricted. We reserve the right to restrict access to other areas of this website, or indeed the entire websites, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
Should our website from time to time make use of login functionality, you accept complete responsibility for the safekeeping of your usernames and passwords. You may not share your login details with any third party.
By entering your usernames and passwords (if applicable), we are entitled to assume that the person using the websites is you.
You must familiarise yourself with the functionality of the websites. You are responsible for all internet data usage charges required to use any services or browse the website. Please check with your internet service provider for information on internet data usage charges.
You must follow the security procedures communicated by Fenwick Boshoff Inc. from time to time as well as such other procedures that may apply to the websites.
We may at any time request that you provide documentary evidence in the required format to confirming your identity as the registered user of the websites (if applicable).
If you fail to follow the recommended security procedures, the confidentiality of your personal information may be compromised and may lead to unauthorised access to your account and information.
In the event that you are a business, you must ensure that only authorised employees have access to and are allowed to use the websites with your secure login details. You and/or your business are however then responsible for any action of those individual(s) (whether authorised or not) when they interact with our websites.
You undertake to ensure the safekeeping and confidentiality of all confidential information. You are responsible to keep all of your personal information, usernames and passwords upto-date, secure and confidential and must notify us immediately if there has been any breach of or if you suspect any breach of security or confidentiality.
6. Transmission and accuracy of information
We are not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
Security measures have been implemented to ensure the safety and integrity of the websites. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring.
We give no guarantee of any kind concerning the content on our websites. We do not give any warranty (express or implied) or make any representation that any online service will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
7. Repayment Arrangements
All payment arrangements made with Fenwick Boshoff Inc. are interim arrangements to assist the debtor to remedy their contractual obligations and bring all contractual arrears and due amounts up to date. No arrangement made constitutes a novation of the original contract in any form or under any circumstance. All settlement offers and discounts are at the sole discretion of our client and will only be extended under strict conditions. If these conditions are not met, no discount will be extended and the payment received will be booked as an installment.
8. Refunds
No refund will be made by Fenwick Boshoff Inc. without receiving the following documentation:
Refunds will only be made if we can confirm that an overpayment was made pushing your account into a credit and if you owe us or none of our clients any money.
All refunds will be offset against any monies owed to us or our clients and after a R10,00 admin fee has been deducted.
You acknowledge that we will primarily use e-mail and electronic notices on the websites, as our main communication tool for all communications relating to the websites, or these terms and conditions. Such communications may include the use of SMS (short message services), registered mail or telephonic advice.
You and Fenwick Boshoff Inc. hereby agree that the provisions of Part 2 of Chapter III of the Electronic Communications & Transactions Act 25 of 2002 are hereby excluded and that the following terms will apply when you (or any one acting on your behalf) and Fenwick Boshoff Inc. send each other electronic messages via any electronic means, including via the websites and its application forms and email (“communication system”):
For you, all electronic messages will be deemed to have been sent from, and received at your specified e-mail address. An electronic message is deemed to have been sent:
An electronic message is deemed to be received:
An electronic message shall be attributed:
timeously satisfy us otherwise before we have acted upon the message.
We will take reasonable steps to exclude viruses and ransomware from the website, but cannot guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties and no liability is accordingly accepted for viruses.
You are responsible for and we recommended that you take your own precautions and implement sufficient procedures and virus checks (including running an -virus so ware and other security checks) to satisfy your particular requirements.
We will not be liable to you (whether under the law of contact, the law of delict or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if we have been expressly advised of the potential loss.
In addition, you agree that subject to applicable law, we will not be liable for:
to or the of data, computer viruses or destructive code on our system or third party systems or programming defects;
Neither you nor Fenwick Boshoff Inc., nor our IT personnel, will be held liable for any failure to perform any obligation to the other due to causes beyond your, Fenwick Boshoff Inc.’s or our IT personnel’s respective reasonable control, including lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible (including telecommunications and internet service providers) or acts of government or other competent authorities.
You indemnify and hold us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an ac on based on contract, negligence or any other ac on, arising out of or in connection with the failure or delay in the performance of the websites, or the use of information and/or images available on the websites, whether due to our negligence or not.
You agree that your sole and exclusive remedy for any dispute of any nature with Fenwick Boshoff Inc. in relation to your use of the websites, is to stop using the website.
This website is provided “as is” without any representations or warranties, express or implied.
We make no representations or warranties in relation to this website or sub-domains, or the information and materials provided on these.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
The website and its content are used at your own risk.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
You warrant to and in favor of Fenwick Boshoff Inc. that:
Each of the warranties given by you will:
13. Information in terms of Section 43 of the electronic communication and transactions act:
Any provision of these terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these terms will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these terms, without invalidating the remaining provisions of these terms or affecting the validity or enforceability of such provision in any other jurisdiction.
These terms and conditions constitute the en re agreement between you and Fenwick Boshoff Inc. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
These terms and conditions will be governed by and construed in accordance with the South African laws, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of South Africa.
Failure or neglect by Fenwick Boshoff Inc. to enforce any of these terms, will not be construed as a waiver of its rights, nor will such failure or neglect in any way affect the validity of the whole or any part of these terms, nor prejudice the rights of Fenwick Boshoff Inc. to take subsequent action.
