PERSONS USING THIS WEBSITE DO SO SUBJECT TO THE TERMS AND CONDITIONS SET OUT HEREIN.
Definitions and interpretations
- "user" - a person who uses and/or accesses the LexisNexis site;
- "LexisNexis " – LexisNexis (Pty) Ltd, a company duly incorporated in terms of the company laws of South Africa;
- "content" - Including but not limited to: text, submissions, images, audio and/or video in whole or in part;
- "submissions" - Including but not limited to notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted in LexisNexis sites via transmission by electronic mail or otherwise;
- "forums" - Including but not limited to bulletin boards, chatrooms and other public areas found on LexisNexis sites;
- In this agreement unless it appears to the contrary, the singular shall include the plural and visa versa, any reference to any gender shall also includes the opposite gender and any reference to a natural person, shall include legal person and visa versa.
TRADE MARK / COPYRIGHTS AND RESTRICTIONS ON USE
- The LexisNexis sites consist of contents which are derived entirely or in part from content sourced by and provided to LexisNexis and other sources. The said contents are protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions.
- The user, with the inclusion of but not the limitation of, may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents. Except in so far that the user may download one copy of the content on any single computer for the user's personal, non-commercial use only. Provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent from LexisNexis has been obtained. Requests for permission regarding any issue relating the contents which fall into the ambit of the limitations stated above, can be made by contacting LexisNexis in writing at:
- The user is also strictly prohibited from creating works that are based on the contents found on this site. The prohibition applies regardless of whether the content are sold, negotiated or given away and/or further alienated in any manner whatsoever.
- LexisNexis name and logo and other trademarks and trade names owned by LexisNexis may not be used in any manner without the prior written consent of LexisNexis.
Access and Availability of Service and Links
- LexisNexis contains links to other related World Wide Web Internet sites. No inference can be made or representation implied that LexisNexis is connected with, operates or controls these linked web sites. Whether or not these linked sites are in fact affiliated with LexisNexis, LexisNexis is not responsible for the content on the aforesaid sites. The linked sites are for the users convenience only and the user access thereto is at the users own risk.
- Submissions / Bulletin Boards
- Any submissions shall be deemed to be and remain the exclusive property of LexisNexis. The various forums content, which are found on LexisNexis sites, shall be deemed to remain the exclusive property of LexisNexis.
- LexisNexis has the right, but not the obligation to monitor and review submissions submitted by users, in the forums. LexisNexis shall not be responsible for any of the content of these messages. LexisNexis further reserves the right to delete, move or edit submissions that LexisNexis, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable.
Rules of Conduct for the user
- The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to LexisNexis sites that;
- Use any of the forums for illegal purposes;
- Are for purpose of spamming;
- Restrict or inhibit any other user from using and enjoying the forums;
- Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;
- Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to LexisNexis sites through the forums or other avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to LexisNexis that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
- Contain viruses or other harmful content;
- Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.
The user agrees that all submissions become the exclusive property of LexisNexis. The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds LexisNexis harmless against all claims for any damages whatsoever arising from the use of LexisNexis sites.
Damages, Warranty, Indemnity
- The user expressly agrees that the use of LexisNexis site is at the user's sole risk. LexisNexis does not guarantee or warrant;
- that LexisNexis sites will be uninterrupted;
- that LexisNexis sites will be default free and that the defects will be corrected;
- the results that may be obtained from the use or application from information gained from LexisNexis sites in so far as accuracy and content of any such information is concerned;
- that the servers that make the content available are free from viruses and other harmful content;
- These sites are provided "AS IS" and on an "IS AVAILABLE" basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non- infringement, title, security and compatibility.
- The site is intended to provide the user with information regarding legal and concomitant services and LexisNexis reserves the right, in its sole discretion, and without notice to any user, to:
Make changes and/or improvements to the site
- To amend any price and rate quoted in the site
- To change or amend or allow to be changed or amended any documents and/or other websites linked to the site.
- The attention of users of this site is drawn to the fact that information transmitted through the Internet is susceptible to monitoring and interception by other for whom such transmission may not be intended. LexisNexis shall not be liable to a user in respect of any information that may be monitored and/or intercepted by any person not authorised to do so.
- The user acknowledges and confirms LexisNexis indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use LexisNexis sites. The user acknowledges that the provisions of this paragraph shall apply to all the contents of LexisNexis sites.
- The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, delict, negligence, or under any other cause of action.
- If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
- This agreement, the terms, conditions and operating rules for LexisNexis sites, constitute the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa . Any dispute arising here from shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa . The section headings used herein are for convenience only and shall be of no legal consequence.
- LexisNexis may at any time revise these terms and conditions by updating the postings. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound.
- LexisNexis shall have the exclusive right to at any time change or discontinue any aspect or feature of LexisNexis sites.
Disclaimer Of Endorsement
- Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, service provider, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by LexisNexis. Product and service information is the sole responsibility of each individual vendor.
- In particular, this site contains a searchable directory (the “Law Directory”) of, including but not limited to, lawyers, law firms, advocates, legal experts and service providers to the legal industry (hereinafter referred to as “Listees”). The Listees provide the information in the Law Directory. LexisNexis does not warrant the validity of the information, nor does it guarantee the quality of the work product of the Listees. The determination of the need for legal services and the choice of any particular Listee are important decisions and should not be based solely upon listings or a Listee's self-proclaimed areas of practice. LexisNexis does not review the content of the listings that are provided by the Listees or any links to the Web Site. LexisNexis is not responsible for any material or information contained in the linked sites or provided by Listees. A description or indication of limitation of practice by a Listee does not mean that any agency or board has certified such Listee as a specialist or expert in any indicated field of law, nor does it mean that such Listee is necessarily any more expert or competent than any other Listee. All users of the site are encouraged to make their own independent investigation and evaluation of any Listee they might consider hiring for professional or related service(s).
Agreement to and Termination of Agreement
- The use of or access to these sites constitutes the users acceptance of terms and conditions hereof, which are binding on the user and take effect on a date which the user first makes use of, or access to LexisNexis sites.
- If the user does not accept all the terms and conditions in full, the user must exit the site immediately. LexisNexis has the exclusive discretion to terminate the agreement at any time.
- After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof.
In the event of the user failing to exit the site as aforesaid LexisNexis has the right to claim any indirect, direct, incidental, special or punitive damages caused to LexisNexis from the users unauthorized access and/or use of LexisNexis sites. The user further indemnifies LexisNexis against any claims for damages of whatsoever nature caused to another party by the users unauthorized use and/or access of the sites.