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1. DEFINITIONS:
In this Agreement, unless otherwise specifically indicated:
1.1. Application” means any application or website that uses or accesses Pick a Lawyer’s branded platforms, as well as anything else that receives or has received data from Pick a Lawyer.
1.2. Client” means the law firm subscribing or company subscribing to the service as per its registration form information;
1.3. Client information/information” All information provided by the Client to the Service Provider in respect of the service offered, including facts and other information about the Client, including actions taken by users and non-users who interact with Pick a Lawyer;
1.4. Content” means anything the Client or other users post, provide or share using the Service;
1.5. Data/ user data” means any data, including a user’s content or information that the Client or third parties can retrieve from Pick a Lawyer or provide to Pick a Lawyer through any branded platform;
1.6. Listing date” means the date when the Client’s profile and particulars are published on the site;
1.7. Month” means 30 days and it includes weekends and public holidays, thus three months means 90 days;
1.8. Package” or “Package Period” means either the three month period option or the yearly option elected by the client at registration stage.
1.9. the Parties” means the service provider and the Client;
1.10. Pick a Lawyer” means the company, the brand, the site and branded platforms of the Service Provider;
1.11. Platform/ branded platform” means Pick a Lawyer offline and online display places and services (such as content) that enable others, including application developers and website operators, to retrieve data from the Service Provider or provide data to the Service Provider;
1.12. Post / Publish” means post on Pick a Lawyer’s website or any other related branded platform or otherwise make available by using Pick a Lawyer;
1.13.  “Service” means the directory services offered by the Service Provider to the Client including:
1.13.1. the features and services the Service Provider makes available through its website at www.pckalawyer.co.za and any other Pick a Lawyer branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions);
1.13.2. Online and offline platforms;
1.13.3. Social plugins and Social Networks;
1.13.4. Other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. The Service Provider reserves the right to designate, in its sole discretion, that certain of its brands, products, or services are governed by separate terms.
1.14. Service Provider” means Pick a Lawyer (Pty) Ltd (Registration Number: 2017/138701/07);
1.15. Subscription” or “Registration” means the undertaking by the Client to pay for the service of the Service provider or to sign up for a free trial if applicable;
1.16. Subscription fee” means the fee calculated by the Service Provider based on the Client’s specific needs and the package accepted by the Client as payable to the Service Provider in respect of this agreement;
1.17. The site” means pickalawyer.co.za and related websites and branded platforms;
1.18. Use” means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of;
1.19. User” means any party using the site, including but not limited to website visitors and subscribed Clients;
1.20. Working days” mean Monday-Friday excluding weekends and public holidays;
1.21. Year” means 365 days, which includes weekends and public holidays.
2. BACKGROUND
Pick a Lawyer (Pty) Ltd is a company providing directory services to its Clients. The Client and the Service Provider hereby intend to enter into such agreement.
3. THE AGREEMENT
This is an agreement between
PICK A LAWYER (Pty) Ltd
Reg No: 2017/138701/07
(“the Service Provider”)
and
The Law Firm
Represented by an individual who hereby confirms that he/she is duly authorised to accept these terms on behalf of the firm as binding and who hereby indemnifies the Service Provider against any claim for damages that may directly or indirectly arise from this representation.
(“the Client”)The parties agree as follows:
4. SERVICES
The Service Provider agrees to submit the Client’s information to its online directory for the package period the Client subscribed to, until termination/cancellation of the agreement.
5. EFFECTIVE DATE
The agreement becomes effective when:
5.1. this agreement has been signed/accepted by both parties;
5.2. the Client submitted its registration form and information;
5.3. the free trial period date is set and is agreed upon between the parties in writing; or if no such period is applicable- when the Client made payment of the subscription; and
5.4. the following had been acknowledged and approved by the Service Provider:
5.4.1. the registration form;
5.4.2. receipt of the subscription fee; and/or
5.4.3. the Free Trial Period agreement.
5.5. The Service Provider may, without providing reasons and to its own discretion, refuse to enter into the agreement if the Service Provider believes that it is in the best interest of the Service Provider’s brand and reputation or otherwise if it believes that the Client is creating risks or possible legal exposure for the Service Provider or for any other reason the Service Provider may deem fit and the Client will consequently and if applicable be refunded on a pro-rata basis.
6. THE SUBSCRIPTION FEE
This is a once-off agreement which will automatically renew unless this agreement is cancelled following the procedure as set out in clause 11 below. The Client agrees to pay the subscription fee as quoted (“the subscription fee”) when the free trial period (if applicable) has expired.

The subscription fee is payable in advance.

Should the Client voluntarily elect to remove itself or any information from the site, the subscription fee will not be refundable. If the Client cancels this agreement prior to the expiration of the package period, the subscription fee will not be refundable.

7. THE LISTING DATE
7.1. The Service Provider will submit the Client’s information onto its online directory following subscription as soon as possible depending on the Client’s payment method.
7.2. If the Client elected to pay the subscription fee via PayPal, an option provided on the site, the Client should expect to receive confirmation of its subscription on the same day. However, the Service Provider does not guarantee this.
7.3. Any e-mails in connection to the subscription should not at any time be regarded as an acknowledgement of receipt of payment and the Service Provider reserves the right to claim any payments from the Client due to it.
7.4. The agreement will automatically renew upon receipt and acknowledgements of package payments, if such payments are received within 5 days before the expiration of the current package.
7.5. Every listing will start within 7 working days following the subscription effective date, and the listing will run for the package period being either 90 days or 365 days.
7.6. When a Client receives login details it should not at any time be regarded as an acknowledgement of receipt of payment and the Service Provider reserves the right to remove the Client from its site.
8. AUTOMATIC RENEWAL
The parties agree that this agreement will automatically renew if neither party cancels it as set out in clause 11 below.
9. INDEMNITIES
9.1. The Client hereby confirms that the information provided by it to the Service provider and published as such is true and correct. The Client hereby indemnifies the Service Provider against any claims for damages or otherwise that may arise from the information provided by the Client.
9.2. The Client further indemnifies the Service Provider against anyone who brings a claim against the Service Provider related to a Client’s actions, content or information on the Service Provider’s platforms, and the Client holds the Service Provider harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
9.3. The Service Provider is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information a user may encounter on the Service Provider’s platform. The Client accepts that the Service Provider is not responsible for the conduct, whether online or offline, of any user.
9.4. The Service Provider reserves the right to remove content from the site if it violates these terms and conditions. The Client further undertakes:
9.4.1. not to post unauthorised commercial communications (such as spam) on the site;
9.4.2. not to collect users’ content or information, or otherwise access the site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without the Service Provider’s prior consent;
9.4.3. not to engage in unlawful multi-level marketing, such as a pyramid scheme on the site;
9.4.4. not to upload viruses or other malicious code;
9.4.5. not to solicit login information or access an account belonging to someone else;
9.4.6. not to bully, intimidate, or harass any user;
9.4.7. not to post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
9.4.8. not to develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions and our prior consent;
9.4.9. not to use the site to do anything unlawful, misleading, malicious, or discriminatory;
9.4.10. not to do anything that could disable, overburden, or impair the proper working or appearance of the site, such as a denial of service attack or interference with page rendering or other site functionality;
9.4.11. not to facilitate or encourage any violations of this Statement or these terms and conditions.
9.4.12. not to provide any false personal information on the site, or create an account for anyone other than itself without permission;
9.4.13. to keep its contact information accurate and up-to-date;
9.4.14. not to share its password or let anyone else access its profile, or do anything else that might jeopardize the security of its subscription;
9.4.15. not to transfer its subscription (including any Profile the Client administers) to anyone without first getting our written permission;
9.4.16. not to post content or take any action on the site that infringes or violates someone else’s rights or otherwise violates the law;
9.4.17. not to use the Service Provider’s copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by the Serviced Provider or with its prior written permission;
9.4.18. not to post anyone’s identification documents or sensitive financial information on the site;
9.4.19. to foresee that it complies with its own regulating bodies’ rules and with applicable legislation when subscribing to the service and the Service Provider cannot be held liable for any non-compliance by the Client in this regard.
9.5. The Client hereby indemnifies the Service provider against any claim for damages it may have, directly or indirectly sourced from the Service Provider’s platforms;
9.6. The Client hereby indemnifies the Service Provider against any claims for damages or otherwise that may arise from the Client’s non-compliance with these terms and conditions.
10. PERMISSION BY CLIENT AND PRIVACY POLICY
10.1 The Service Provider’s goal is to deliver advertising and other commercial or sponsored content that is valuable to its users and advertisers.
10.2 The Client agrees to the following:
10.2.1. The Client gives the Service Provider permission to use its name, profile picture, content, and information regarding commercial, sponsored, or related content served or enhanced by the Service Provider. This means, for example, that the Client permits a business or other entity to pay the Service Provider to display the Client’s name and/or profile picture with its content or information, without any compensation to the Client. If the Client has selected a specific audience for its content or information, the Service Provider will respect its choice when the Service Provider uses it.
10.2.2. The Service Provider will not give any content or Client information which is not in the public domain to advertisers without the Client’s prior consent;
10.2.3. The Client understands that the Service Provider may not always identify paid services and communications as such;
10.2.4. The Client understands that the site and related sites are internationally accessible to users;
10.2.5. The client hereby provides consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Pick a Lawyer.
10.2.6. The Client agrees that in the event that Pick a Lawyer is furnished with personal information as defined by the Protection of Personal Information (POPI) Act, 2013, it may be collected, used and disclosed by Pick a Lawyer for directory purposes and other incidental and other functions incidental hereto, including disclosure of an attorney’s personal information in publications made available to the public throughout the world, by use of on-line, print and other media services and communication tools. A request to access, update or correct any personal information held by Pick a Lawyer should be directed to info@pickalawyer.co.za.
10.2.7 By subscribing the Client consents to Pick a Lawyer using and disclosing any part of its attorney-employees’ personal information provided as set out above, including, without limitation, the following:
10.2.8. Use in any communications, publications, marketing or promotional activities associated with the Service Provider;
10.2.9. Use and disclosure of its name and photograph(s) and of its employees for publicity, marketing, promotional and publication purposes, including throughout the world, whether by on-line, print or other media services and communication tools.
10.2.10. The Client may withdraw its consent to future use and disclosure of personal information in promotional and marketing activities and publications at any time by written notice to info@pickalawyer.co.za and, upon receipt of such notice, Pick a Lawyer will take reasonable steps to cease using and disclosing that personal information as soon as is reasonably possible. In some instances, Pick a Lawyer will not be able to cease the use or disclosure, for example, where information has been cached by others.
11. CANCELLATIONS
11.1. The Client can cancel this agreement and receive a refund if the agreement was cancelled within 7 business days after the Client subscribed.
11.2. If a Client wants to cancel its subscription, the Client will be required to submit written notice one calendar month prior to cancellation. Cancellation requests should be e-mailed to info@pickalawyer.co.za.
11.3. A cancellation will only be valid and effective if the Client receives an acknowledgement of receipt from the Service Provider within 2 working days. In the event that such acknowledgement was not received within 2 working days, Clients are required to call the offices of the Service Provider.
11.4. Cancellation of a subscription does not release the Client from paying any amounts due to the Service Provider at the time of cancellation.
11.5. Subscription fees paid in advance are not refundable.
11.6. If the Client is in breach of these terms and conditions the Service provider reserves the right to cancel this agreement without prior notice.
11.7. The Service Provider may, without notice and to its own discretion, cancel the agreement if the Service Provider believes that it is in the best interest of the Service Provider’s brand and reputation or otherwise if it believes that the Client is creating risks or possible legal exposure for the Service Provider or for any other reason the Service Provider may deem fit and the Client will consequently be refunded on a pro-rata basis if applicable.
12. DISPUTE RESOLUTION CLAUSE
12.1. The parties agree and consent that the Magistrates’ Court will have jurisdiction in all matters related to disputes that may arise from this agreement;
12.2. The Client agrees that its Domicilium Citandi would be the address as provided in the registration form. The Client is obliged to inform the Service Provider in writing if this changes in the future.
13. NON-VARIATION CLAUSE
13.1. This agreement constitutes the entire agreement between the parties and it can only be substituted or amended if it is done so in writing and signed by both parties.
13.2. The Service Provider will notify the Client before it makes changes to these terms and give the Client an opportunity to review and comment on the revised terms before continuing to use the Service;
13.3. If the Service Provider makes changes to the terms referenced in or incorporated by this Agreement, the Service Provider may also provide notice on the site.
13.4. The client will then be afforded an opportunity to either cancel the automatic renewal or to continue its use of the service, in which event it will constitute the client’s acceptance of the amended terms and automatic renewal;
13.5. The Client accepts that the subscription fee is subject to change from time to time and the Service Provider will notify it accordingly.
14. ENFORCEBILITY OF THIS AGREEMENT
14.1. The Client understands that any failure by the Service Provider to enforce any terms of this agreement will not constitute a waiver of any of the Service Provider’s rights to do so;
14.2. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect;
14.3. The Client will not be permitted to transfer any of its rights or obligations under this Agreement to anyone else without the Service Provider’s consent;
14.4. All rights and obligations of the Service Provider under this Agreement are freely assignable by the Service Provider in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise;
14.5. Nothing in this Agreement shall prevent the parties from complying with the law;
14.6. The Service Provider reserves all rights not expressly granted to the Client.
15. CHANGE OF DIRECTORY DETAILS
The Client may at any given time inform the Service Provider of any changes to its information on the Service Provider’s directory which is under the sole control of the Service provider and cannot be amended by the Client. The changes must be sent to info@pickalawyer.co.za on a company letterhead. The Service Provider undertakes to amend such changes within a reasonable time.
16. CHANGE OF BANKING DETAILS
When applicable, clients are obligated to inform the Service Provider in writing of any changes in banking details. These must be sent via e-mail to info@pickalawyer.co.za on a company letterhead.
17. WARRANTIES BY SERVICE PROVIDER
No warranties of any kind are made by www.pickalawyer.co.za. This includes, but is not limited to, continuous site functionality and the accuracy of any data on the www.pickalawyer.co.za site or sites linked to it. The Service is provided without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Service Provider does not guarantee that the site will always be safe, secure or error-free or that it will always function without disruptions, delays or imperfections. Pick a Lawyer is not responsible for the actions, content, information, or data of third parties, and the Client releases us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the Client may have against any such third parties. The Service Provider will not be liable to the Client for any lost profits or other consequential, special, indirect, or incidental damages arising out of or regarding this Agreement or Pick a Lawyer, even if the Service Provider has been advised of the possibility of such damages. If applicable, the Service Provider’s collective/joint liability arising out of this Agreement or Pick a Lawyer will not exceed the greater of One Hundred and Fifty Rand (R150.00) or the amount the Client has paid for its last subscription.
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