Conveyancing Lawyers

1. INTRODUCTION

1.1. The User agrees that the use of the Website is subject to these Terms and Conditions and, by entering the Website, the User agrees to be bound by these Terms and Conditions, which the User acknowledges to have read and understood.
1.2. All capitalised terms in these Terms and Conditions shall have the meaning assigned to those terms in clause 12.

2. INTELLECTUAL PROPERTY

2.1. The User undertakes:
2.1.1. not to use any trade marks, trade names or other devices which are, or incorporate marks which are, the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or repute of the Trade Marks;
2.1.2. not at any time do or cause to be done any act or thing in any way impairing or tending to impair any part of 2TIX’s rights, title and interest in and to the Intellectual Property;
2.1.3. not in any way to represent that it has any rights of any nature in and to the Intellectual Property or any registrations thereof;
2.1.4. not to register any of the Trade Marks, or any part of them, or any trade mark which is deceptively or confusingly similar to the Trade Marks as part of its company or close corporation name or the name of any subsidiary company or corporation with which it is associated directly or indirectly and if it does so, to procure that such company or corporation name be changed upon demand by 2TIX;
2.2. The User acknowledges that the Intellectual Property is owned by 2TIX. The User further acknowledges that the Intellectual Property is a commercial asset of considerable value to 2TIX and that valuable goodwill is attached to the Intellectual Property.

3. PRIVACY POLICY

2TIX subscribes to the privacy policy set out in Section 51 of the Act and, accordingly, shall:
3.1. not, without the express written permission of the User, collect, collate, process or disclose any Personal Information of the User;
3.2. not electronically request, collect, collate, process or store Personal Information in respect of the User which is not necessary for the lawful purpose for which the Personal Information is required;
3.3. disclose in writing to the User the specific purpose for which any Personal Information is being requested, collected, collated, processed or stored;
3.4. not, without the express written permission of the User, use the Personal Information for any other purpose than that disclosed to the User;
3.5. for as long as the Personal Information is used and for a period of at least one year thereafter, keep a record of the Personal Information and the specific purpose for which the Personal Information was collected;
3.6. not disclose any of the Personal Information held by it to a third party, unless required or permitted by law or specifically authorised to do so in writing by the User;
3.7. for as long as the Personal Information is used and for a period of at least one year thereafter, keep a record of any third party to whom the Personal Information was disclosed and of the date on which and the purpose for which it was disclosed; and
3.8. delete or destroy all Personal Information which has become obsolete;
3.9. 2TIX may use the Personal Information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to the User by a third party.

4. ACCEPTANCE

The User shall be deemed to have accepted these Terms and Conditions upon entering the Website for any purpose whatsoever.

5. NO LIABILITIES

5.1. Notwithstanding anything to the contrary contained in these Terms and Conditions, 2TIX shall have no liability for any loss or damage of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these Terms and Conditions or the Website and whether caused by any defects in the Website, the use of the Website, or the non suitability of any products or any information contained on the Website.
5.2. The User hereby indemnifies 2TIX and holds it harmless against any and all liability, loss, damage or claim of whatsoever nature suffered by any third Party in relation to any act or omission by the User or the User’s members, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.
5.3. The User assumes all responsibility and risk for the use of the Website and 2TIX disclaims all liability for any loss, injury or damage resulting from the use of the Website, whether direct or indirect, and whether or not 2TIX has been advised of or has knowledge of the possibility of such loss, injury or damage resulting from the use of the Website, whether direct or indirect, and whether or not 2TIX has been advised or has knowledge of the possibility of such loss, injury or damage.
5.4. 2TIX shall not incur any liability to the User or any other person or entity associated with the User for any compensatory, indirect, incidental, special, consequential damages whatsoever, including but not limited to, loss of revenue or profit, commercial or economic loss, even if 2TIX has been advised of such damages or loss, or such damage or loss was reasonably foreseeable.
5.5. Whilst 2Tix shall endeavour to ensure that the content of the Website is accurate and updated from time to time, 2Tix does not make any representations nor give any warranties of any kind (express or implied) with respect to the contents or operation of the Website.
5.6. 2Tix shall not be obliged to enforce the provisions of these Terms and Conditions against any third party and shall not be liable for any loss or damage suffered by a User or any other party as result of the non-enforcement of the Terms and Conditions by 2Tix.
5.7. 2Tix reserves the right to amend these Terms and Conditions at any time without notice and it shall be the responsibility of the User to revisit this page from time to time to read the amended Terms and Conditions.

6. ACCEPTABLE USE

6.1. The User shall, at all times, act responsibly when using the Website.
6.2. The User may not use the Website for any illegal purpose.
6.3. The User may not introduce viruses or codes with destructive or contaminating properties or anything of a nature that may damage, place unreasonable burdens on, or interfere with, the operation of the Website or the systems on which it runs, nor may the User attempt to gain access to any restricted areas of the Website without the prior written approval of 2TIX.

7. ADVERTISING

Any transaction concluded by the User with any party as a result partly or wholly of the User seeing any advertisement on the Website shall be between the User and such advertiser and the User hereby acknowledges that 2TIX is not an agent or a partner of any advertiser which may place an advertisement on the Website from time to time.

8. DISPUTE RESOLUTION

8.1. If a dispute between the Parties arises out of or is related to these Terms and Conditions, the matter shall be determined in accordance with the following provisions, including any matter relating to the breach of any of the provisions of these Terms and Conditions.
8.2. Save in respect of those provisions of these Terms and Conditions which provide for their own remedies which would be incompatible with arbitration, or in the event of either Party instituting urgent action against the other in any court of competent jurisdiction, any dispute arising from or in connection with these Terms and Conditions will be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
8.3. This clause will be severable from the rest of these Terms and Conditions so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of these Terms and Conditions.
8.4. Neither Party shall be entitled to withhold performance of any of their obligations in terms of these Terms and Conditions pending the settlement of, or decision in, any dispute arising between the Parties and each Party shall in such circumstances continue to comply with their obligations in terms of these Terms and Conditions.

9. GOVERNING LAW

The entire provisions of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the North Gauteng High Court, Pretoria in regard to all matters arising from these Terms and Conditions.

10. GENERAL

10.1. This document contains the entire agreement between the Parties in regard to the subject matter hereof.
10.2. No Party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this document whether it induced the contract and/or whether it was negligent or not.
10.3. No variation, amendment or consensual cancellation of this Agreement or any provision or term hereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement or of any agreement, bill of exchange or other document issued pursuant to or in terms of this Agreement shall be binding or have any force and effect unless reduced to writing and signed by or on behalf of the Parties. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating to strictly to the matter in respect whereof it was made or given.
10.4. No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement or any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against a Party in respect of its rights under this Agreement.
10.5. No failure by any Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way such Party’s right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.
10.6. Nothing in this Agreement, express or implied, is intended to confer upon any person not a party to this Agreement any rights or remedies under or by reason of this Agreement. Neither 2TIX nor the User to this Agreement may cede or delegate all or any portion of its rights, obligations or liabilities under this Agreement without the prior consent of the other.
10.7. If any clause or term of this Agreement should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of this Agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of this Agreement.
10.8. The Parties undertake at all times to do all such things, to perform all such acts and to take all such steps and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and necessary for or incidental to the putting into effect or maintenance of the terms, conditions and import of this Agreement.

11. DEFINITIONS

11.1. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
11.1.1. “Act” shall mean the Electronic Communications and Transactions Act, 2002;
11.1.2. “Business Day” shall mean any day other than a Saturday, Sunday or a public holiday in South Africa;
11.1.3. “Copyright” shall have the meaning assigned to that term under the provisions of the Copyright Act, 1978;
11.1.4. “Intellectual Property” shall include, without limitation, all patents, Copyright, Trade Marks and goodwill attaching to 2TIX;
11.1.5. “Parties” shall mean 2TIX and the User and “Party” shall, as the context requires be a reference to any one of them;
11.1.6. “Personal Information” shall have the meaning assigned to that term in the Act;
11.1.7. “Terms and Conditions” shall mean these terms and conditions;
11.1.8. “Trade Marks” shall mean all registered and unregistered trade marks, trade names, symbols, signs, insignia, emblems, logos and slogans utilised or adopted by 2TIX in the conduct of its business;
11.1.9. “User” shall mean a user of the Website;
11.1.10. “Website” shall mean www.conveyancinglawyers.org.za;
11.1.11. “2TIX” shall mean 2Tix Holdings (Proprietary) Limited (Registration No. 2009/0032374/07), a private company with limited liability incorporated in accordance with the laws of South Africa.
11.2. Unless inconsistent with the context or save where the contrary is expressly indicated:
11.2.1. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause 12, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;
11.2.2. when any number of days is prescribed in these Terms and Conditions, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day;
11.2.3. in the event that the day for payment of any amount due in terms of these Terms and Conditions should fall on a day which is not a Business Day, the relevant day for payment shall be the subsequent Business Day;
11.2.4. in the event that the day for performance of any obligation to be performed in terms of these Terms and Conditions should fall on a day which is not a Business Day, the relevant day for performance shall be the subsequent Business Day;
11.2.5. any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time;
11.2.6. any reference in these Terms and Conditions to these Terms and Conditions or any other Terms and Conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other Terms and Conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented;
11.2.7. no provision of these Terms and Conditions constitutes a stipulation for the benefit of any person who is not a Party to these Terms and Conditions;
11.2.8. references to day/s, month/s or year/s shall be construed as Gregorian calendar day/s, month/s or year/s.
11.2.9. Unless inconsistent with the context, an expression which denotes:
11.2.9.1. any one gender includes the other genders;
11.2.9.2. the singular includes the plural and vice versa.
11.2.10. Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause 12.
11.2.11. The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
11.2.12. These Terms and Conditions shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms and Conditions in the first instance and reference to any Party shall be deemed to include such Party’s estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be.
11.2.13. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.