TERMS AND CONDITIONS

1. GENERAL

On this website, unless the context indicates otherwise, the words and expressions set out below shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely:

1.1.“VDMA” means Van Der Merwe Dorning Maponya Associates Incorporated (Registration number: (2010/007329/21) and its respective controlled, managed and affiliated firms and the members of such firms (collectively referred to as the “VDMA Entities” and each a “VDMA Entity”); and

1.2. “Partner” or “Partners” means a member of the respective VDMA Entity or an employee or consultant with equivalent standing and qualifications.

 

2. TERMS OF USE

These terms (“Terms of Use”), as amended from time to time by VDMA, set out the basis on which you may use this website and provide information about the way in which VDMA provides legal services. By making use of this website, you are indicating your acceptance of the following terms:

2.1. Attorney-Client Relationship:

2.1.1. For the avoidance of any doubt, the use of this website by you and/or communication by you (or to you) through this website does not establish an attorney-client relationship.

2.1.2. Any communication sent through this website is not confidential and is not protected by privilege.

2.2. Confidentiality of Communications:

2.2.1. VDMA cannot agree to preserve the confidentiality of communications sent through this website. It is recommended that you refrain from sharing any information about yourself and/or your legal matter until a formal client relationship has been established between yourself and VDMA.

2.2.2. To this end, we have the professional obligation to determine whether there are any actual or potential conflicts with any of our existing or former clients before accepting any new client or new matter.

2.2.3. If you wish to inquire about becoming a client of VDMA, please request a personal contact via info@vdmalaw.com. We will not consider any communication regarding new client representation other than a request for a personal contact.

2.3. Reliance on Information Posted:

2.3.1. Although VDMA takes all reasonable measures to ensure that the materials and information on this website are accurate and complete, such materials and information are provided for general information purposes only and not for the purpose of providing legal advice.

2.3.2. No representation or warranty, express or otherwise implied, is made in respect to the accuracy or completeness of materials and information on this website and therefore the information on this website should not be relied upon. It is recommended that you consult a qualified attorney in relation to any legal matter. If you wish to arrange a consultation with one of our qualified attorneys, please request a booking for a consultation via bookings@vdmalaw.com.
2.3.3. Any views expressed on or through this website are the views of the individual author and may not reflect the views of VDMA or any other individual attorney.

2.4. Links:

2.4.1. Links from this website to any other website are provided for convenience only, and do not imply affiliation with or endorsement by VDMA.

2.4.2. VDMA does not assume any responsibility for the protection and privacy of any information which you have provided while visiting such websites. You should exercise caution and look at the privacy statement applicable to the website in question.

2.4.3. Further to the above, VDMA does not assume any responsibility for the content or operation of external websites that link to this website or which are linked from this website and does not accept any liability, whatsoever occurring and howsoever arising, in respect of the content or operation of any such external websites.

2.4.4. You may not create a link to this website from another website or document without our prior consent. To obtain such consent please contact info@vdmalaw.com.

2.5. Limitation of Liability:

All liability is excluded in respect of any loss or damage which may arise in connection with the use of or reliance upon any materials, information, links or otherwise appearing on this website.

2.6. Governing Law:

Use of this website and the legal notices contained on this website shall be governed by and interpreted in accordance with the law of the Republic of South Africa and all parties submit to the exclusive jurisdiction of the courts of the Republic of South Africa.

2.7. Status of Terms of Use:

VDMA reserves the right to amend these Terms of Use from time to time without prior notification to you.

 

3. PRIVACY POLICY

This privacy policy (“Privacy Policy”), as amended from time to time by VDMA, sets out the basis on which VDMA may use and protect material and information that we obtain from you when using this website. By making use of this website, you are indicating your acceptance of the following terms:

3.1. Collection of Information:

3.1.1. VDMA may monitor visits to this website and retain information about its user traffic (including but not limited to browser-generated information and any personal information provided to us when communicating with VDMA through this website).

3.1.2. VDMA may collect the following information:

3.1.2.1. General Material and Information:

3.1.2.1.1. General material and information is material and information provided to VDMA on this website for general purposes when completing forms on this website, including but not limited to information provided to us when completing our client onboarding process, submitting material or requesting further information.

3.1.2.1.2. Material and information supplied for general purposes may be used for marketing purposes.

3.1.2.2. Recruitment Material and Information:

3.1.2.2.1. Recruitment material and information is material and information provided to VDMA on this website for recruitment purposes when completing and submitting a career application form will be assessed by VDMA’s internal recruitment department.

3.1.2.2.2. Material and information supplied for recruitment purposes will not be used for marketing purposes.

3.2. Use of Your Material and Information:

The material and information provided to VDMA through this website will be used:

3.2.1. to provide any of our services to you;

3.2.2. provide services to clients where this requires processing your information on their behalf;

3.2.3. improve this website and our services;

3.2.4. for internal business administration including fulfilling any legal requirements;

3.2.5. to provide you with information and services that you request from us or where you have consented to be contacted for such purposes providing you with information which we feel may be of interest to you; and

3.2.6. recruitment/selection procedures.

3.3. Disclosure of Your Material and Information:

3.3.1. Any material and information provided to VDMA through this website will not be disclosed to parties unrelated to VDMA and/or any VDMA Entity, except as otherwise provided for in this Privacy Policy.

3.3.2. The circumstances in which VDMA may disclose material and information provided by you through this website to parties unrelated to VDMA and/or any VDMA Entity are set our hereunder:

3.3.2.1. if you have consented for us to do so;

3.3.2.2. if we are under a legal, regulatory or professional obligation to do so;

3.3.2.3. in the instance that we merge, re-organise or transfer all or part of our business in which case your material information will be disclosed to potential or actual successors of the business; and

3.3.2.4. if we use third party service providers to provide services that involve data processing (where we use service providers we will ensure the appropriate safeguards are in place to protect your information).

3.4. Security of the Internet:

3.4.1. The internet is not a secure medium. Nonetheless, VDMA is committed to ensuring that your material and information is secure.

3.4.2. VDMA has put in place suitable physical, electronic and procedural safeguards to secure material and information against loss, misuse, damage or modification and unauthorized access or disclosure.

3.4.3. In the event that third parties are used to provide related services involving material and information you supply through this website, we require such third parties to meet appropriate security standards.

3.5. Use of IP Addresses:

VDMA may make use of software and technology to collect information about the use of the website and to distinguish you from other users of our website in order to improve your experience when you browse the website.

3.6. Your Rights:

You are entitled to request details about the information we hold about you. Should you wish to request a copy of your material and information or would like to change the material and information we hold on record about you please contact info@vdmalaw.com.

3.7. Subscription to Our Newsletter:

If at any time if you would prefer to stop receiving marketing materials from us, please use the “unsubscribe” option included in our communications to you.

3.8. Status of Privacy Policy:

3.8.1. VDMA reserves the right to amend this Privacy Policy from time to time without prior notification to you.

3.8.2. This Privacy Policy forms part of our Terms of Use.

 

4. COPYRIGHT

4.1. Copyright in the pages forming this website belongs to VDMA and/or the VDMA Entities unless otherwise stated. All rights are reserved.

4.2. You may print or download any material or information on this website and retain a copy of it for your personal use only. Copies of materials and information from this site may be distributed to third parties for their personal use provided that:

4.2.1. you do so free of charge;

4.2.2. the content of the material and information and the copyright notices remain intact;

4.2.3. you agree that the communication of the materials will not be misleading, inaccurate, used for any illegal purpose or in a manner that would bring us into disrepute; and

4.2.4. you inform the third party that these Terms of Use apply, and the third party agrees to comply with these Terms of Use.

4.3. You will require written consent from VDMA to make any other use of our material and information, including, in particular, its incorporation into any other electronic or hard copy document.

4.4. Copyright in some materials available on this website may belong to third parties and such materials have been produced on this website with the permission of the third-party copyright owners. Unless otherwise specified, you may not copy or distribute or otherwise make available or communicate to the public any part of third-party document or use them for any commercial purpose.