Please click on the links below to view more information:
A. The Terms and Conditions
B. The Website
C. Retainer Accounts
D. Legal Statements
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A. The Terms and Conditions
1. Acceptance of Terms
Welcome to cuberlaw.co.za ("Service" or "Site") owned and operated by Vorster & Associates Inc. Pty Ltd ("Vorster & Associates Inc."). By clicking "I Agree" on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by this Agreement, the
Privacy Policy and Expert Agreement for Experts (collectively "Related Agreements"), and all rules, policies and disclaimers (including FAQs for Customers and Experts) posted on the Site or about which you are notified (collectively "Terms").
If you do not agree with all the Terms, do not use the Site. Please review all of the Terms carefully before using the Site.
By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.
2. Definitions
In the Terms, "User," "you" and "your" refer to the individual or entity that creates a Vorster & Associates Inc. account as a Customer and/or Expert. "Vorster & Associates Inc.," "we," "us" and "our" refer to Vorster & Associates Inc.. "Customer" refers to the person who asks a question on the Site. "Expert" refers to the person who answers a question on the Site.
3. Electronic Communications and Right to Modify Terms
When you visit Cuberlaw.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Vorster & Associates Inc. may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective thirty (30) days after notice to User, either via email from
info@cuberlaw.co.za or
support@cuberlaw.co.za or
roelof@cuberlaw.co.za to your email address on file with Vorster & Associates Inc. or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the Vorster & Associates Inc. website. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site.
The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
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B. The Website
4. Vorster & Associates Inc. is a Venue; Third-Party Content
The Vorster & Associates Inc. Site is a venue for private and business use and educational purposes to allow Customers to ask legal questions, request contracts customized for their own use and not repeated use and other legal service mentioned on the site. Users of the Site, not Vorster & Associates Inc., provide the content in Posts (defined below). The Experts answers the questions and draw the contracts and all services rendered are subject to our disclaimer mentioned below.
Vorster & Associates Inc. reserves the right, but is not obligated, to refuse to post or to remove any content.
5. Requests for Quotes and Advice are Private or Confidential; Anonymity
The information submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site (collectively "Posts") is private and confidential and may not be read, collected, and used by others.
6. Verification
Every Expert on the Site has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service, unless the Expert is answering questions in a new category that is still being tested by Vorster & Associates Inc. on its Launchpad site
7. Information Not Advice for purposes of taking legal action; No Client-Professional Relationship Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or professional advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
No professional-client relationships shall be formed on the Site.
Communications on this Site are confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
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C. Retainer Accounts
8. Retainer Accounts; Restricted Activities; Suspension or Termination of Service Retainer Accounts. When you register as a Retainer on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Vorster & Associates Inc. of any unauthorized use of your password or account. You should only create one account on the Site. If any Vorster & Associates Inc. account of yours has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Vorster & Associates Inc. accounts.
Restricted Activities. You agree that any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Vorster & Associates Inc. has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any laws, statute, ordinance, regulation or ethical code; (d) be competitive with Vorster & Associates Inc. or the Site; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections); (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation.
You are prohibited from soliciting Users of this Site, including Experts, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with Vorster & Associates Inc. or the Site or charges money to receive answers or to communicate with purported Experts or specialists).
Suspension or Termination of Service. If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to info@cuberlaw.co.za. Cancellations will be effective within 7 business days. Any fees accrued as of the effective date of termination will be payable according to the Terms.
At any time, without notice, for any or no reason, Vorster & Associates Inc. reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users' accounts.
9. Fees, Deposits and Refunds
Customers on the Site may be presented with a quote and payment on quote method.
The client submits his question to Vorster & Associates Inc.. Vorster & Associates Inc. issues a quote for the required servive and on receipt of payment render the service to the client.
A RSA R10 per month account maintenance fee will be charged by Vorster & Associates Inc. against your deposit amount.
Once imposed, the account maintenance fee will not be reversed or waived under any circumstance. Once your account balance is reduced to zero, the account will be closed and no further account maintenance fees will be imposed.
For purposes of determining whether an account balance is refundable or whether the maintenance fee may be applied, the funds in the account will be considered used on a "first-in, first-out" basis.
Retainer Subscription.
Subscriptions allow customers to ask multiple questions and use multiple services on the Site for a monthly or annual recurring fee. Each subscription period, subscription customers are automatically charged a deposit of the subscription fee, which remains in the Subscription Customer Pool (account of all subscription customers' subscription payments) and is tracked in the customers' accounts.
As a subscription customer, once you receive an answer or service requested (as determined by you in your sole discretion), payment of the service fee less 25% of the Standard rate as quoted will be deducted from your account.
Refunds and Special Programs. You may request a refund of monies paid by you that exist in your Vorster & Associates Inc. customer account at info@cuberlaw.co.za Deposits do not accrue interest. Once you have accepted and paid for a service, you have no right to a refund of amounts paid for that answer or service.
Vorster & Associates Inc. maintains the right to initiate special incentive, pricing, membership, and other programs. These may be limited, at Vorster & Associates Inc.'s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into customer accounts by Vorster & Associates Inc. for use towards answers on the Site remain the property of Vorster & Associates Inc. (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User will expire on December 31 of the following calendar year.
10. Receipt of Special Offers and Other Communications
By accepting this Agreement, you are agreeing to receive coupons, special offers, and other communications from Vorster & Associates Inc. per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your Vorster & Associates Inc. profile.
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D. Legal Statements
11. Release
Users are responsible for their acts and omissions and content placed on the Site. Because the Vorster & Associates Inc. Site is a venue, in the event that you have a dispute with one or more Users, you release Vorster & Associates Inc. (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Proprietary Rights of Content
You acknowledge that Vorster & Associates Inc. and its licensors and suppliers own the rights to cuberlaw.co.za and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the cuberlaw.co.za website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Vorster & Associates Inc., Vorster & Associates Inc. Users, or Vorster & Associates Inc. Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or to the Site administrator or any employee, officer or agent of Vorster & Associates Inc. ("User Content"), will be considered confidential and may be not be used by Vorster & Associates Inc., in its sole discretion.
You grant to Vorster & Associates Inc. a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
13. No Endorsement of Non-Vorster & Associates Inc. Entity; No Relationship with Users
Vorster & Associates Inc. may endeavor to offer to its Users products and services offered by non-Vorster & Associates Inc. entities. Placement of information, logos, links or names of such non-Vorster & Associates Inc. entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold Vorster & Associates Inc. harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Vorster & Associates Inc. or between any User (including Customers and Experts) and Vorster & Associates Inc. by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER, CONTRACT , SERVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
14. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Vorster & Associates Inc. is not responsible for the acts or omissions of Users on the Site.
The amount of storage space per User is currently limited. You agree that Vorster & Associates Inc. is not responsible or liable for the deletion or failure to store content and/or other information.
15. Exclusion of Warranties
Vorster & Associates Inc. SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. Vorster & Associates Inc. DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Vorster & Associates Inc. DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL Vorster & Associates Inc. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vorster & Associates Inc. OR THROUGH OR FROM Vorster & Associates Inc. SERVICES SHALL CREATE ANY WARRANTY.
16. Limitation of Liabilities
IN NO EVENT SHALL Vorster & Associates Inc., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Vorster & Associates Inc. IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) RSA RAND100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You and Vorster & Associates Inc. agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users' responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred and your claim prescribed.
17. Indemnification
You agree to indemnify and hold Vorster & Associates Inc., any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site.
18. Press Releases and Third-Party Press About Vorster & Associates Inc.
The Site may contain press releases and other information about Vorster & Associates Inc. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Vorster & Associates Inc. Likewise, third-party press about Vorster & Associates Inc. or the Site should not be relied upon as being provided or endorsed by Vorster & Associates Inc.
19. Choice of Law and Forum
CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the Republic of South Africa, without regard to its conflicts of law provisions.
20. Agreement; Assignment; Miscellaneous
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Vorster & Associates Inc.' employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Vorster & Associates Inc.), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, and the Expert Agreement and Privacy Policy will prevail for Experts, over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Vorster & Associates Inc.'s failure to exercise or enforce any of the Terms shall not constitute a waiver of Vorster & Associates Inc.'s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
You agree that Vorster & Associates Inc. may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for many reasons, including but not limited to because your interaction with other users of the Site the pricing offered, and fraud mechanisms in place, are based upon individual usage. Vorster & Associates Inc. shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Vorster & Associates Inc. No delay or omission on the part of Vorster & Associates Inc. in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Sections 5, 9 (with respect to amounts remaining in Your account as of termination), 10, 12, 15, 16, 17, 19 and 20 above will survive any termination of this Agreement.
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