PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
The JusDraft website (Website) is provided by Epoq Legal Ltd (ELL), company number 3707955, whose registered office is at Unit 2, Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. Our postal address in South Africa is care of Epoq Legal (Pty) Ltd, Postnet Suite #F194, Private Bag X3, Bloubergrant, Cape Town, South Africa 7443.
These terms of use form part of the conditions (Conditions) that govern your use of the Website, and the services provided or offered to users of the Website (Services).
Our notice of ownership of intellectual property rights (Intellectual Property Rights Notice) as detailed on the Website forms a part of the Conditions. It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.
Unless otherwise stated, a reference to our, us and we on the Website is a reference to ELL.
By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.
We respect your privacy and permit you to control the treatment of your personal information. Please refer to the Privacy Notice on the Website for information about how we collect and deal with your personal information when you use the Website.
JusDraft is a pay-as-you-go based membership service for non-profit organisations (NPO). A fixed amount (Rate) is payable for each document that you start to create on the Website. The current Rate is detailed on the 'Home page' of the Website. All amounts due by the NPO's are invoiced quarterly in arrears and calculated by multiplying the number of documents started during the quarter just ended by the Rate. There are no other charges for membership. In subscribing for membership of JusDraft, you agree to pay the Fees within 20 working days following the date of each invoice. Your membership may be terminated if you do not pay the Fees when due.
In order to have access to the Services, you must sign up with us. Once you have done so, you will receive a welcome email containing a membership code and details of the Services. You can then use the membership code to create a username and password, and access a secure area of the Website (Members' Area) from which you can make use of the Services.
The Services are for use only by you or by your authorised personnel in connection with your organisation's operations. You shall not use or permit your authorised personnel to use the Services for any other purpose. You shall not permit any party other than your authorised personnel to have access to the Members' Area. You shall not sell, license or otherwise commercially exploit any of the Services. Further, no scheme or arrangement shall be permitted whereby a member, whether or not for reward and whether directly or indirectly, provides Documents to a third party (including a client) for onward distribution or provision by that third party to its customers or clients. If you breach this term, we can, without notice, revoke your username or password and refuse access to all or any part of the Website.
We reserve the right not to accept an application for membership for any reason and without giving any explanation.
We grant each member, while their membership continues, a non-exclusive, non-transferable, limited licence only to use the Website and the Services in accordance with the provisions set out in the Conditions. In particular, the Website and the Services are for use only in connection with your organisation's direct legal needs (Purpose). You may not use or exploit the Website, or any of the Services, for any professional or commercial endeavours outside of the Purpose (including use of the Document Preparation Service to create legal forms or documents for resale).
A member's access to the Services is restricted to its authorised personnel (Authorised Users). Members shall not, directly or indirectly, cause or permit the Services to be accessed otherwise than by Authorised Users and otherwise than for the Purpose.
All rights not expressly granted to you in the Conditions are reserved by us and, if applicable, our licensors.
You represent and warrant that you possess the legal right, capacity and ability to agree to the Conditions and use the Website in accordance with them. If you are an individual, you represent and warrant that you are at least 18 years old. If you are using the Website on behalf of an organisation, you represent and warrant that you have the ability to agree to the Conditions on behalf of such organisation.
We do not in any way recommend that the products and services available on the Website are suitable for you in your particular circumstances.
Reasonable efforts will be made to keep the Website available for use and functioning efficiently and reliably; however, we cannot guarantee any minimum levels regarding the performance, speed, reliability, availability, use or consistency of the Website because the Website depends on the internet, including networks, cabling, facilities and equipment that are not within our control. We will not be liable for any damage or loss suffered as a result of any interruption in the availability of the Website or reduction in performance levels.
Due to the nature of the internet and the possibility of third-party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third-party interference as a result of your use of the Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. In particular, without limitation, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
We may change the non-legal content on the Website at any time. Any of the non-legal content on the Website may be out of date at any given time and we are under no obligation to update such material. The non-legal content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the Conditions or any other notices appearing on the Website.
Without limitation, you must not, directly or indirectly:
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Conditions, and that they comply with them.
You are responsible for the security of any usernames, passwords or access codes that are required for you to access the Services and for ensuring that they are not misused. You must treat such information as confidential and you must not disclose it to anyone other than your Authorised Users. You agree to notify us immediately of any unauthorised use of your access information and to provide assistance to us, as requested, to stop or remedy any breach of security related to your access information.
We shall not be liable for any losses you incur as a result of an unauthorised person's use of your access information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to an unauthorised person's use of your access information.
On no account should access information be used for gain - for example, by selling access to others to the Services.
You may not use a third party's access information at any time.
You agree to provide true, current, accurate and complete customer and user information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
Without limiting any of our other rights, we may suspend, restrict or terminate your use of the Website and disable your access information without notice if, in our sole and absolute discretion, we determine or believe that you have failed to comply with any of the Conditions (including as to payment of Fees).
We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
If there are links from the Website to other websites operated by third parties, these are provided as a convenience only and we do not guarantee you will be able to access those other websites via any link on the Website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party websites or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of any third-party websites. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party website.
You may not establish a link to this Website from any other website without our prior written consent.
We have a facility that enables us to access your user account, or any documents you have created or started, and perform actions as if we were you. We will only ever use that facility when it is necessary in order to action a support request that you have made to us, whether by email or by telephone. You consent to us using this facility in this way when you accept the Conditions. By accepting the Conditions, you also agree to comply with the instructions we may give you to ensure that the use of this facility is effective. For the avoidance of doubt, we shall not ever, unless you are on a telephone call with us at the time and specifically provide your consent, use this facility to accept any contractual terms or other legal acknowledgements on your behalf.
The Services are detailed below and comprise the Law Guide; the document preparation service (Document Preparation Service); and the legal advice helpline (Helpline).
The information contained in the Law Guide is provided by us. This includes information provided by us via editorials, text, graphics, audio-visual materials, multimedia elements, photographs, videos, sound recordings, reports, information, formulae, patterns or data.
The Law Guide provides general legal information only and should not be understood as providing legal advice to be applied to a specific situation.
Although every effort is made to ensure that the Law Guide is accurate and reflects the law at the time of use, it may or may not reflect very recent events or changes in the law. We will endeavour to place a guidance note on the Law Guide to indicate where a change in law has taken place affecting information contained in the Law Guide and we will endeavour to update that information within six weeks of the change in law. However, we do not promise, warrant, or guarantee that the Law Guide is correct, complete, or up-to-date. We are not responsible for any errors or omissions in the information provided in the Law Guide. Further, we cannot be held responsible for any action taken or not taken by you as a result, direct or otherwise, of information contained in or accessed through the Law Guide. Before you act or rely on the Law Guide, you should take specific legal advice from a licensed legal practitioner.
If you believe information contained within the Law Guide to be incorrect or out of date please email us at hello@jusdraft.co.za.
The Document Preparation Service does not provide legal advice nor does it represent a legal service; it is an automated software solution designed to collect relevant information and data to assist you in preparing for a customer or client of yours a legal document (Document) online from a document template.
When using the Document Preparation Service, you will be asked a series of questions by a document assembly and drafting system (System). The answers you give will dictate the content of the Document produced automatically by the System from the document template. You alone are responsible for ensuring the answers or any information that you give are correct. You should make sure that all information supplied, including the identity of any parties or signatories, their age and capacity, is accurate. Since it is automated, the System can only use the answers which you supply, to produce your Document.
Members are solely responsible for ensuring that Documents prepared by them for their customers and clients are suitable for use by them having regard to their individual circumstances and requirements. We disclaim all liability for actions taken or not taken by a member's customers and clients based on such Documents.
We will not have any responsibility for the following:
We recommend that before reusing a Document you check the Website to ensure that it was created from the latest version of the relevant template. If we have replaced the template with a revised version, we recommend that you obtain the latest version.
Documents that you have completed online will be stored online for a minimum period of six years. After these periods you may not be able to obtain online access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any Documents that are capable of being recovered. If you have not logged in to the Website for a period of 12 months or more, then we reserve the right to store your Documents offline and levy a reasonable recovery charge for you to access them again.
The Helpline is provided 24 hours a day, seven days a week by Lipco Business (Pty) Ltd, company number 2006/027218/07, whose registered office is at Blaauwberg Mall, 3 Blaawberg Road, Tableview, 7443, Cape Town.
References to 'we' in this section are to Lipco Business (Pty) Ltd.
The following terms and conditions apply to the Helpline.
All advice is given in good faith and is based upon the information supplied by you during the call. We cannot be held liable for any loss suffered if inaccurate or incomplete information is given. We may ask questions to elicit information to assist us in answering your questions, but we are not obliged to do so and a failure by us to ask questions that may have altered our advice will not incur any liability on our part.
Advice is provided solely by telephone and will not be provided in writing. We will not enter into correspondence with you.
Advice given is specific to the individual issue being discussed and is not intended to be applied to other situations. If you do so then it is at your own risk.
The Helpline does not include:
A Helpline call will be discontinued immediately if you are rude or abusive, and your future access to the Helpline may be withdrawn
You must not facilitate the use of the Helpline by unauthorised persons. If you do, your access to the Helpline may be withdrawn.
Fair use restrictions applicable to the Helpline
Your use of the Helpline is subject to fair use in line with its intended purpose. As a guideline, any question asked on the Helpline should be answerable within approximately 20 minutes.
We shall have no obligation to provide advice to you through the Helpline if, in our absolute discretion, a question being asked by you is outside the scope of the service or if it is inappropriate to deal with your question through the Helpline (for example, if it is a complex issue that requires a face-to-face meeting or if you need written advice or a document drafted).
In this event, we will inform you immediately during the call and discuss your options with you.
If, in our absolute discretion, we consider that you have made, or are making, inappropriate or excessive use of the Helpline, your access to it may be restricted or suspended (either for a fixed period or indefinitely), or conditions may be imposed upon your access to it, which may include a condition of payment or an additional charge.
You will be notified before any such action is taken.
No lawyer/client relationship is established by use of the Law Guide; the Document Preparation Service; or any other use of the Website.
The Law Guide provides general legal information only. The Document Preparation Service provides an automated software solution to persons who choose to prepare their own legal documents.
The law is a personal matter, and no general information or automated solution of the sort that we provide can fit every circumstance. Because of this, we cannot, and do not, provide legal advice, opinions or recommendations about your customers' or clients' legal rights, remedies, defences, options, or strategies, or apply the law to the facts of their particular situation. Nor, when you use the Document Preparation Service, can we provide you with any legal advice about which template to select, whether a template is appropriate for your situation, draw legal conclusions from your answers or review your answers for legal sufficiency.
Therefore, if you need legal advice for a specific problem, or if the specific problem is too complex to be addressed by our automated solution, you should consult a licensed legal practitioner.
Use of the Website and the content on the Website and the Document Preparation Service is subject to the Intellectual Property Rights Notice on the Website.
The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you, howsoever arising, in respect of:
Except as expressly and specifically provided in the Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Conditions.
Nothing in the Conditions shall exclude or limit:
We shall not be liable for:
If we are held liable to you for any loss or damage, such liability shall in all cases be limited to the payment of an amount not exceeding R300,000.00, including costs and expenses in respect of any one claim. For the avoidance of doubt, a claim shall be defined as a claim or a series of claims (whether by one or more claimant) arising from, or in connection with, or attributable to, any one act, error, omission or originating cause or source or the dishonesty of any person or group of persons acting together, and any such series of claims shall be deemed to be one claim for all purposes under this clause.
From time to time, we may restrict access to some parts, or all, of the Website.
We reserve the right to change the terms, conditions, and disclaimers under which the Website or the Services are offered. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
This right shall not affect the then existing terms and conditions accepted by you when using the Website or accessing the Services on a previous occasion.
Our failure to insist upon or enforce strict performance of any provision of the Conditions (including as to payment of Fees) will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of the Conditions. Our rights, powers and remedies in the Conditions, including without limitation the right to terminate your membership, or suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
If any provision of the Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
We may at any time assign our rights or sub-contract our obligations under the Conditions, in whole or in part, without notice to you.
Neither of us will be responsible for a failure to fulfil our obligations under the Conditions or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
The Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein constitute the entire agreement between us and you with respect to the matters referred to in the Conditions and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
The Conditions (and all communications) are in English.
The Conditions shall be governed by, and will be construed in accordance with, English Law, and the English courts shall have jurisdiction in any legal proceedings. We retain the right to bring proceedings against you for breach of the Conditions in your country of residence or any other relevant country.
If you have any questions about the Conditions, please contact us at hello@jusdraft.co.za or by post. We are committed to providing quality services and products. However, in the event that you have a complaint, please contact us directly and your complaint will be investigated fully by our customer relations team and you will receive a prompt reply.
Your use of the Website or any Service on behalf of any organisation on whose behalf you may act, signifies your and said organisation's consent and agreement to the Conditions.
Updated 1 March 2019