TERMS AND CONDITIONS OF USE OF THE AD VALOREM WEBSITE1. INTERPRETATION & DEFINITIONS
1.1 Access and utilisation on the Ad Valorem website are governed by the following terms and conditions read in conjunction with the laws of the Republic of South Africa and are subject to the jurisdiction of the South African Courts.
1.2 The headings of the clauses in the terms and conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
1.3 “Ad Valorem” means the legal person through which the firm Ad Valorem Chartered Accountants, registered with the Institute of Chartered Accountants in South Africa with registration number: 20056876, is trading.
1.4 "User" means any person who enters or uses the Ad Valorem website, which includes visiting or browsing the website.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 The terms and conditions govern the use of the Ad Valorem Website and constitute a binding agreement between the user and Ad Valorem in terms of section 11 (3) of the Electronic Communications and Transactions Act, No. 25 of 2002 and such agreement is for all purposes deemed to be concluded in Cape Town (South Africa).
2.2 The current version of the terms and conditions applicable at the time the user visits the website becomes binding each time the user visits the website. Users must familiarise themselves with the current terms each time when using this website.
2.3 In the event that the user does not agree with any or all of the terms and conditions herein, he/ she must exit the website immediately, thereby indicating non-acceptance of the terms and conditions and the intention not to continue with the application.
2.4 Should the user however proceed with the application, such act will automatically be construed as an acceptance of all the terms and conditions, expressed and implied herein.
2.5 These terms and conditions constitute the entire agreement between the user and Ad Valorem and takes precedence over any other terms contained in any other communications received by the user. Ad Valorem's failure to exercise or enforce any of its rights in terms hereof, should in no way be construed as a waiver of any rights it may have. These terms can only be amended in writing required both parties' signature.
2.6 Any term and condition found to be unenforceable or invalid for any reason whatsoever shall be severable from the remaining terms and conditions, the remainder of which continues to be enforceable and applicable.
2.7 Ad Valorem may amend the terms and conditions from time to time without prior notice to the user. The user is bound to the most recent version of the online terms and conditions that are published on the Ad Valorem website. A certificate signed by any administrator responsible for maintaining the website will be prima facie evidence of the date of publication and content of the current version and all previous versions of the online terms and conditions.
3. THIRD PARTY WEB SITES
3.1 For the user's convenience the Ad Valorem website may from time to time refer to or provide information compiled by third parties, alternatively supply hyperlinks to web sites which are not controlled by Ad Valorem. Such reference or hyperlink do not imply any endorsement, agreement on or support for the content of such information. Ad Valorem does not editorially or otherwise control the content of such third party information or target site and shall not be liable in any manner whatsoever for the quality and or correctness of the third party information. Ad Valorem shall also not be liable in any manner whatsoever for the access to or inability to access such third party information or target site. Ad Valorem can therefore not be held responsible for any loss or damage the user may suffer, directly or indirectly, as a result of using and accessing a third party website.
4. ADDRESS FOR SERVICE OF LEGAL NOTICES
Legal notices and legal correspondence must be sent to the following address:
PO Box 151
5. DEEMED RULES FOR THE EXCHANGE OF ELECTRONIC MESSAGES
5.1 Without derogating from the provisions in paragraph 4, the user and Ad Valorem agree that Part 2 of Chapter III of the Electronic Communications & Transactions Act, No. 25 of 2002 is hereby excluded. The user hereby agrees that the rules in this paragraph 5 will apply between him/her and Ad Valorem regarding the exchange, i.e. the sending and receiving, of electronic messages via any electronic means, including via the website and email.
5.2 An automated or manual acknowledgement of receipt by Ad Valorem of an electronic message shall not constitute a formal acceptance of any offer made by the user to Ad Valorem.
5.3 All electronic messages will be deemed to have been sent from and received at the user's specified residential address and Ad Valorem's address specified in paragraph 4, above.
5.4 An electronic message is deemed to have been sent by the user, at the time at which Ad Valorem is capable of accessing such message and shall be deemed to have been created and sent from the geographical boundaries of South Africa.
5.5 An electronic message is deemed to have been sent by Ad Valorem, at the time indicated on the electronic message as having been sent or, if not so indicated, at the time indicated on the Ad Valorem computer system as having been sent.
5.6 An electronic message is deemed to have been received by Ad Valorem, once an authorised representative thereof confirmed receipt thereof or responded thereto, whichever is the earlier.
5.7 An electronic message is deemed to have been received by Ad Valorem, once we have confirmed receipt thereof or responded thereto, whichever is the earlier.
5.8 An electronic message shall be attributed to the user, if it purports to have originated from the user or from a computer, IP address or mobile device normally used by the user or owned by the user, irrespective of the fact that someone else may have impersonated the user or whether the electronic message sent to Ad Valorem resulted from an error or malfunction in the communication system.
5.9 An electronic message shall be attributed to Ad Valorem, if it has been sent by a duly authorised representative of Ad Valorem and such representative acted within the scope of such authority or if it has been sent by an automated system programmed by Ad Valorem and such system operated without error or malfunction.
5.10 Unless otherwise provided for in these terms, legal effect can only be given to an electronic message if confirmation of receipt of the electronic message is provided.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 All information on the Ad Valorem website is provided for the user's convenience and information purposes only. The information is not intended to constitute professional advice about the user's circumstances and the user is encouraged to obtain professional advice before taking any course of action related to information contained on the Ad Valorem website.
6.2 While Ad Valorem has taken all reasonable steps to ensure that the information available or published on or via the Ad Valorem website is correct and current, Ad Valorem does not warrant that information in relation thereto is correct and current.
6.3 The material on the Ad Valorem website is provided "as is" and Ad Valorem, nor any of its employees, nor any of its affiliated companies, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the accuracy or completeness of any information contained on this site. It is the user's responsibility to be satisfied that the content is applicable to the user’s relevant facts and circumstances.
6.4 Ad Valorem provides no warranties in relation to the Ad Valorem website or any information, provided on the website.
6.5 Ad Valorem provides no warranties that the Ad Valorem website will be available at all times. The user hereby acknowledges that the Ad Valorem website may be unavailable due to updates or other reasons beyond the reasonable control of Ad Valorem.
6.6 To the extent permitted by law, in no event shall Ad Valorem be liable for any direct, special, indirect or consequential damages or any damages whatsoever, whether in an action for breach of contract, delict, or otherwise, arising out of or in connection with the performance of or the use of, or inability to use, the information available on this site. This includes, but is not limited to, the loss of data or loss of profit, even if Ad Valorem was advised of the possibility of such damages.
7. AD VALOREM INTELLECTUAL PROPERTY RIGHTS
7.1 Ad Valorem owns all the intellectual property rights in the domain name and content of the Ad Valorem website and everything that is published on the Ad Valorem website. The content constitutes Ad Valorem' confidential information and may not be used or reproduced. The user agrees to indemnify Ad Valorem for any loss or damage suffered if he/she infringes Ad Valorem's intellectual property rights or breaches the provisions of this clause.