Website Terms of Use

1. INTRODUCTION

Tshaya Mashabela Attorneys is a legal service provider that cares about its clients. These Terms and Conditions are thus made to protect all members and viewers of this website. This website may contain links to other websites of which we have no control over. Inclusion of these links does not imply a recommendation or endorsement of anything expressed therein.

Tshaya Mashabela Attorneys is found on www.tm-attorneys.africa and by accessing this website, you acknowledge that you have read, understood and agree to be bound by the following terms. By using our service(s), you affirm that you are of minimum age to view and host all that is published on Tshaya Mashabela Attorneys and/or third-party sites found on Tshaya Mashabela Attorneys (if any).

2. CHANGES AND SUPPLEMENTATION OF THE TERMS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason that will always be fair for all users of our services. All the changes to the terms will take effect from the date such amended Terms and Conditions are uploaded on the website. You are thus responsible for reviewing and checking these terms whenever you wish to use our services. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your use of the website after the date such revised Terms and Conditions are posted. However, take note that we have no obligation to update any information on our website.

Any documents or contents posted anywhere on the website from time to time shall be known as the supplemental terms and conditions and as such, shall be expressly incorporated herein by way of reference.

3. PROHIBITED ACTIVITIES

You may not access or use the website for any purpose other than that for which we make the website available for. The website may not be used in connection with any commercial activities except those that are specifically endorsed or approved by us. As a user of the website, you agree not to:

systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
use the website to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and/or the content contained therein.
engage in unauthorized framing of or linking to the website.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
attempt to impersonate another user or person.
use any information obtained from the website in order to harass, abuse, or harm another person.
use the website as part of any effort to compete with us or otherwise use the website and/or the content for any revenue-generating endeavour or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
harass, annoy, intimidate, or threaten any of our employees or agents.
delete the copyright or other proprietary rights notice from anywhere on the website.
copy or adapt the website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
use the website in a manner inconsistent with any applicable laws or regulations.
use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website.
use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein.
use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
communicate using information data/information/details made available through our services (all faults should be dealt with through our service).

4. APPLICABLE LAW

These Terms and Conditions and your use of the website are governed by and construed in accordance with the laws of the Republic of South Africa applicable to agreements made without regard to its conflict of law principles.
You further agree, for the purpose of any legal proceedings, to submit to the jurisdiction of the Republic of South Africa.

5. INTELLECTUAL PROPERTY RIGHTS

The user acknowledges that Tshaya Mashabela Attorneys has a lawful right over the content of this website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, works protected by copyright, patents, design rights, database rights, know-how, confidential information, trade secrets, domain names, goodwill. The use of this website does not transfer any intellectual property right, license or right of use from our website to any member/user.
You must not use our website or our services in any way which constitutes a violation of any law, any infringement or misappropriation of our rights or any intellectual property rights or our licensors or any third-party.
Where any of the content has been licensed to us or belongs to any third party, your rights of use shall be subjected to any terms and conditions which that licensor or third party imposes from time to time and you will agree to comply with such third-party terms and conditions.

6. GUIDELINES FOR REVIEWS

6.1 We may provide you areas on the website to leave reviews or ratings. When posting a review, you must comply with the following criteria:

you should have first-hand experience with the person/entity being reviewed;
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements; and
you may not organize a campaign encouraging others to post reviews, whether positive or negative.

6.2 We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

6.3 We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

7. DISCLAIMER

The use of this website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.
Whilst we take reasonable measures to ensure that the content of the website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website. If any such representations or warranties are made by our representatives, we shall not be bound thereby.
The information on this website is intended for general guidance only and does not constitute legal advice. You acknowledge that using this information is at your own risk, and Tshaya Mashabela Attorneys assumes no liability for any damages arising therefrom. If you require legal advice on any matter, you should consult with a qualified attorney immediately.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, we also makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software. We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the website.

2. LIMITATIONS OF LIABILITY

2.1.1.We cannot be held liable for any liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website and/or any content therein unless otherwise provided by law.

2.1.2.In no event will we or our directors, employees, or agents be liable to you for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

2.1.3.You hereby waive any and all defences you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.

3. INDEMNIFICATION

3.2.1.You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of:

use of the website;
breach of these Terms and Conditions;
any breach of your representations and warranties set forth in these Terms and Conditions;
your violation of the rights of a third-party, including but not limited to intellectual property rights; or
any overt harmful act toward any other user of the website with whom you connected via the website.

3.2.2.Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.

3.2.3.You hereby waive any rights or requirements under any statutes, regulations, rules, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

3.2.4.The laws that are applicable to any electronic communications or transactions are therefore subject to Electronic Communications and Transactions Act 25 of 2002 amongst other applicable laws.