terms of use

1. Definitions
In these Terms of Use, the following words and expressions shall have the following meanings:
1.1. “Article” means an article, note or other written piece prepared and submitted by you to Caveat Legal for the purpose of, inter alia, publication on the Website, or any portion or variant thereof;
1.2. “Caveat Branding” means any mark, trade mark, logo, sign, symbol, or other identifier of or associated with Caveat Legal and/or any of its subsidiaries from time to time, or any component part, element or reproduction thereof, including, without limitation, the Name;
1.3. “Caveat Legal” means Caveat Legal Proprietary Limited (Registration No. 2011/128699/07), a private company registered in the Republic of South Africa;
1.4. “Comment” means any comment in relation to an Article, which comment is posted by you to the Website by way of the ‘comment’ interface provided on the Website in relation to each Article published;
1.5. “Consultant Application” means the application to become a Caveat Legal consultant, available for completion and submission on the Website;
1.6. “Name” means the name “Caveat Legal” or such other name containing the word “Caveat”;
1.7. “Professional Enquiry” means an enquiry made by way of the ‘contact’ submission interface on the Website;
1.8. “Professional Review” means a review given by you in respect of the services rendered by one or more Caveat Legal consultant to you by way of the ‘review’ submission interface on the Website;
1.9. “Terms of Use” means the terms of use of the Website, as set out in this document and as amended from time to time;
1.10. “Website” means the Caveat Legal website, located at www.caveatlegal.com;
1.11. “you” or “your” means you, your employer or any other person or entity that you have legal authority to bind and on behalf of which you may be accepting these Terms of Use;
1.12. “we”, “us” or “our” means Caveat Legal.

2. Introduction
2.1. The Website and the Caveat Legal services referred to on the Website are provided by us. These Terms of Use govern your use of our Website.
2.2. By using our Website, you indicate that you are aware of, understand and accept these Terms of Use in full.  These Terms of Use form a binding agreement between you and us. If you disagree with these Terms of Use or any part of them, you should immediately cease access of our Website.

3. Licence to use website
3.1. We will make our Website available to you on the terms and conditions set out in these Terms of Use.
3.2. Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website.  Subject to the licence below, all these intellectual property rights are reserved.
3.3. You may view, download and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
3.4. You may not, without our prior written consent:
3.4.1. re-publish, post or otherwise transmit material from this Website (including re-publication on another website), unless you expressly cite this Website as the source of such material;
3.4.2. sell, rent or sub-license material from the Website;
3.4.3. show any material from the Website in public;
3.4.4. edit or otherwise modify any material on the Website, other than editing your ownsubmissions to the Website using our Website interface;
3.4.5. reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
3.4.6. redistribute material from this Website, except for content specifically and expressly made available for redistribution, provided that none of the above applies to material information and/or content submitted by you to the Website by way of submission interfaces, including Consultant Applications, Professional Enquiries, Professional Reviews, and Articles or Comments.
3.5. You may not supply any product and/or service through our Website.
3.6. We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion.
3.7. Although the Website is usually available, there will be times when the availability of the Website will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our reasonable control, and you agree that we will not be liable for any inconvenience, loss or damage suffered as a result of such interruptions.

4. Acceptable use of the Website
4.1. You may not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.2. You may not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or destructive computer software or code.
4.3. You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
4.4. You may not use our Website or any information appearing thereon in connection with any surveys, contests, competitions and/or pyramid schemes, nor to transmit or send chain letters, junk e-mail, spam, or any other unsolicited commercial communications.
4.5. You may not use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.6. You may not remove, obscure or alter any legal notices displayed on our Website.

5. Submissions on our Website
5.1. We welcome Professional Enquiries, Consultant Applications, Professional Reviews, Articles and Comments, which may be submitted by way of the respective submission interfaces available on the Website or by email to Caveat Legal or its representatives, as the case may be.
5.2. You will have the opportunity to identify and correct input errors prior to submitting your Professional Enquiry, Consultant Application,Professional Review, Articleor Comment, as the case may be.
5.3. In making any submission to our Website, whether by way of a Professional Enquiry, Consultant Application, Professional Review, Article or Comment, you warrant and represent that the submission concerned will comply with these Terms of Use.
5.4. Your submissions may not be illegal or unlawful, may not infringe any third party’s legal rights, and may not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
5.5. Your submissions (and their publication on our Website) may not:
5.5.1. be in breach of any confidentiality obligations owed by you to a third party;
5.5.2. be in breach of any contractual obligation owed to any person;
5.5.3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
5.5.4. infringe any right of confidence, right of privacy, or right under data protection legislation;
5.5.5. be in contempt of any court, or in breach of any court order;
5.5.6. constitute negligent advice or contain any negligent statement;
5.5.7. be libellous, defamatory or maliciously false;
5.5.8. be obscene, indecent or profane;
5.5.9. constitute an incitement to commit a crime;
5.5.10. be in breach of racial or religious hatred or discrimination laws;
5.5.11. be blasphemous;
5.5.12. depict violence;
5.5.13. be inappropriate, pornographic, sexually suggestive or sexually explicit;
5.5.14. be untrue, false, inaccurate or misleading, impersonate or falsely state or misrepresent an affiliation with any person or organisation;
5.5.15. be of a nature likely to bring us, our Website or our services into disrepute;
5.5.16. constitute spam;
5.5.17. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
5.5.18. cause annoyance, inconvenience or needless anxiety to any person.
5.6. You may not make submissions which contain any type of advertising or solicitation other than an offer of your services as a Caveat Legal consultant, and then only in the form of a Consultant Application by way of the relevant interface on the Website.
5.7. You may not use our Website to link to any website or web page consisting of or containing material that would, were it posted on our Website, breach the provisions of these Terms of Use.
5.8. You may not submit to our Website any content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5.9. We retain complete editorial control over our Website and the content appearing thereon, and we reserve the right to edit, position or remove any material submitted to our Website, or stored on our servers, or hosted or published upon our Website, in our sole discretion and without notice to you, save in relation to any Article submitted by you, in which case we will obtain your prior written consent for the publication of any amended version thereof.
5.10. We may (but are not obliged to) perform technical functions necessary for the effective operation of our Website, including but not limited to transcoding and/or reformatting user content to allow its use on the Website, and you agree to the performance of any such technical functions on or in relation to content that you have submitted.
5.11. We may publish and communicate to the public any content submitted for publication on the Website in the form of an Article.  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute any Article you submit to any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
5.12. You acknowledge and agree that the licence described in 5.11 above includes a right for us to make the Article or any portion thereof available to other companies, organisations or individuals for the purpose of marketing and promoting Caveat Legal and the services we offer, and the licence will survive termination of the agreement embodied in these Terms of Use; and, if you are a Caveat Legal Consultant, the Terms and Conditions concluded between you and Caveat Legal.
5.13. Notwithstanding our rights under these Terms of Use in relation to submissions, we do not undertake to monitor any submissions, or the publication of Comments on our Website, and you acknowledge and agree that your use of the Website and any submission you may make by way of any submission interface available on the Website is done entirely at your own risk.

6. Limited warranties
6.1. You acknowledge that some of the information published on this Website is submitted by third parties. Whilst we use our reasonable efforts to review material published on this Website, we do not warrant the completeness or accuracy of the information published on this Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
6.2. You understand and acknowledge that the information published on the Website is intended only for general information and marketing purposes, does not constitute legal advice, and may not be relied upon without Caveat Legal’s prior written consent.
6.3. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Website, its content and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

7. Limitations and exclusions of liability
7.1. We will not be liable to you in respect of any loss or corruption of any data, database or software, nor for the deletion, corruption or failure to store any messages or other content maintained on or transmitted by way of the Website.
7.2. In posting a Comment or submitting an Article for publication on the Website, you agree to the publication of comments, reviews and/or feedback on the Comment or Article, by others, on our Website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
7.3. Our aggregate liability to you under the Terms of Use will not exceed the total amount actually paid by you to us under the Terms of Use.
7.4. We will not be liable to you in respect of any lossof profits, special, indirect or consequential loss or damage for any reason whatsoever.
7.5. The limitations and exclusions of liability set out in this section 7 govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, howsoever arising.

8. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your use of the Website, including, without limitation:

8.1. a breach of these Terms of Use by you or anyone using your computer (or account, where applicable); and
8.2. claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct.

9. Breach
9.1. Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:
9.1.1. send you one or more formal warnings;
9.1.2. temporarily suspend your access to the Website;
9.1.3. permanently prohibit you from accessing the Website;
9.1.4. block computers using your IP address from accessing the Website;
9.1.5. contact your internet services provider and request that they block your access to the Website;
9.1.6. bring court proceedings against you for breach of contract or otherwise, which may include a claim for damages; and/or
9.1.7. delete and/or edit any or all of your Comments and/or Articles as may appear on the Website.
9.2. If you do not comply with these Terms of Use, and we do not take immediate action, this does not mean that we waive our rights under the Terms of Use, and we will remain entitled to take action against you in the future.
9.3. Where we suspend or prohibit or block your access to our Website or a part of our Website, as contemplated in this section 9, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

10. Third party websites
Our website includes or may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Trade marks
11.1. The Name and the Caveat Branding belong to us. We give no permission for the use of any element of the Caveat Branding, including wi
11.2. By using our Website, you acknowledge that the Name and the Caveat Branding shall at all times remain the sole and exclusive property of Caveat Legal, and nothing contained in these Terms of Use shall be construed so as to confer upon you any rights in respect of the Name and/or the Caveat Branding, whatsoever.
11.3. You must not do anything which may prejudice the image of and/or the goodwill in the Name and/or the Caveat Branding.
11.4. The other registered and unregistered trade marks or service marks on our Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any rights in relation to such marks and as such we cannot grant any licence to exercise such rights.

12. Privacy Policy
12.1. Any personal information collected by us will be dealt with and handled in accordance with our privacy policy, which is available on our website.
12.2. You voluntarily consent, and must procure that any relevant third party voluntarily consents, to the use of the personal information collected in relation to you (including without limitation any personal information contained in any submission you make to the Website), in accordance with our privacy policy.
12.3. If you include any personal information about any third person in any submission you make to the Website, you are obliged to:
12.3.1. provide that person with a copy of our privacy policy in advance of providing their personal information to us; and
12.3.2. where possible, have that person provide us with their personal information themselves.

13. Variation
We may revise these Terms of Use from time-to-time.  Revised Terms of Use will apply to the use of our Website from the date of the publication of the revised Terms of Use on our Website. It is your responsibility to check this page regularly to ensure you are familiar with the current version of the Terms of Use.

14. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

15. Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Exclusion of third party rights
These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

17. Entire agreement
These Terms of Use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.

18. Law and jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes between you and us relating to these Terms of Use will be subject to the jurisdiction of the High Court of South Africa (Western Cape High Court).