ACCELERATE LEGAL SOLUTIONS TERMS OF USE

Effective date: 14 March 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

  1. Definitions

“Force Majeure” refers to an extraordinary event or circumstance beyond the Parties’ control, including, but not limited to, war, strike, riot, crime, plague, pandemic and acts of God;

“Party” shall mean Accelerate or the User, and “Parties” shall mean both;

“Personal Information” is information required from the User when accessing and/or using the Website, including, but not limited to identification information, contact details, home and/or business address;

“Services” refers to the products and/or services made available on the Website;

“Terms” means these Terms of Use, including any document incorporated by reference herein, including, but not limited to, the Privacy Policy;

“User”, “you” or “your” means visitors, users, subscribers and others who accesses, refers to, views and/or downloads any information or material made available on the Website, including but not limited to the Services;

“Website” means https://accelerate.legal/home/;

“Accelerate”, “we”, “us” or “our” means Accelerate Legal Solutions (Pty) Ltd with registration number 2021/930616/07, a company duly incorporated in accordance with the laws of South Africa;

  1. Agreement

This Website is owned and operated by Accelerate. Any reference to Accelerate shall include our employees, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

These Terms shall apply to all Users. Accessing and/or using the Website after the Effective Date signifies that you have read, understand, accept and agree to be bound, and are bound, by the Terms, in your individual capacity or for and on behalf of any company for whom you use the Website. In the event that you act on behalf of any company, you represent and warrant that you have the authority to do so.

If you are using the Website as the employee, director, shareholder, representative or agent of a company, you are agreeing to these Terms on behalf of that company.

You must be at least 18 years of age to use the Services. By using our Website you are confirming that you are at least 18 years of age and legally eligible to enter into a contract.

These Terms govern your access to and use of the Website and Services.

  1. The Service

Accelerate is an online legal services provider and not a legal practice registered with any law society in terms of the Attorneys Act 53 of 1979, as amended.

The Website enables you to purchase legal services and to obtain custom quotes for services at fixed prices. Accelerate reserves the right to expand its Service offerings at any time.

  1. User Account and Termination

To order and purchase any Services through the Website you are required to register as a User. This requires you to provide a unique username and password and information about yourself that is accurate, complete, and current at all times.

If the information you provide is untrue, inaccurate, incomplete, or outdated, or we have reasonable grounds to believe that it is, we have the right to suspend or terminate your account and to prohibit your current or future use of the Website and/or Services.

You understand and agree that we may, under certain circumstances and without prior notice to you, terminate your access to and use of the Website and/or Services. Cause for such termination shall include, but is not limited to:

  • breaches or violations of the Terms; or
  • requests by law enforcement or other government or regulatory authorities; or
  • technical difficulties.

You are solely responsible for maintaining the confidentiality of your account details and for activities that occur under your username and password. You are fully responsible for all use of your account and for any actions that take place using your account. If you suspect any breach of security or unauthorized use of your account, please inform us immediately by sending an email to info@accelerate.legal.

You are entitled to terminate your account by discontinuing use of our Website.

  1. Privacy

We may collect personal and other information about you, which use is governed by our Privacy Policy.

  1. Intellectual Property Rights

The Website and all of its content, features and functionality are owned by Accelerate, and are protected by copyright, trademark or other intellectual property rights.

Accelerate grants Users a limited, personal, non-exclusive, non-transferable, revocable license to use our Services for your own personal or internal business use, provided that you pay for the use of the Services.

Users may access and use the content, and download and/or print out a copy of any content from the Website, solely for personal, non-commercial use.

You acknowledge that you do not acquire any ownership rights by using our Services.

Accelerate is the copyright owner of all text, graphics, software, proprietary technology, legal documents, and forms provided on the Website. Copying, publishing, or redistributing any material in any way without payment and the written consent of Accelerate is strictly prohibited. Accelerate may at times provide a preview to the User of a legal document or other product before purchase by the User. The information, content and structure of any such previews are all copyrighted, proprietary material owned by Accelerate.

Except as provided herein, you agree not to resell, modify, copy, create derivative works of, alter, enhance, or in any way exploit any of the Services or technology from the Website in any manner, except for modifications in completing certain Services for your authorised use, without the express written consent of Accelerate.

You shall not violate any copyright restrictions by removing any copyright notice from any Service and/or the Website.

  1. Purchase, Pricing and Payment of Services

All Services provided on and/or through the Website will be provided at fixed prices, some of which will be indicated on the Website. Where the fixed prices are not indicated it means that you are required to contact us to obtain a price for those Services. We will provide you with a quote in relation to the Services you require. We will not proceed with any work in relation to the Services unless the quote is approved by you and payment is received into our banking account.

Prices are in South African Rand which is the currency in which payment is accepted. Payments can be made by one of the following methods:

  • Credit Card; or
  • Electronic Funds Transfer (“EFT”) or Bank Transfer.

We reserve the right to amend the pricing of Services from time to time and to accept and/or refuse payment made in any form.

Accelerate does not hold any of your credit or debit card information. This information is managed and held by third party payment providers.

We reserve the right to change payment providers at any time as we may deem necessary.

  1. Delivery of Services

Services will only be delivered to you once payment has been received and reflects into our banking account.

You will receive an email with a download link for the Services ordered where applicable.

We are not responsible for any loss or unauthorized use of the Services after provision thereof to you.

  1. Membership and Subscription Fees

We provide memberships at a monthly subscription fee.

Memberships can be customized in accordance with your needs, in which case the subscription fee may be payable monthly or yearly depending on what is agreed upon between us.

Once we receive your first subscription fee payment, a Subscription Agreement is formed and you agree to these Terms.

The Memberships run for a minimum of 12 months and continue until you request termination thereof.

You hereby agree that we are authorized to charge subscription fees to your designated card as and when the fee is due and payable.

Failure to pay the subscription fee will result in the immediate cancelation of your membership, without prior notice to you.

Should you wish to cancel your membership you can send an email to info@accelerate.legal

  1. User Conduct

As a User, you understand and agree that all data, graphics, information, messages, or other materials, whether published, displayed, or transmitted by you, are your sole responsibility.

As a User you agree not to:

  • impersonate another individual and/or company nor shall you disclose your account login details to a third party;
  • use the Website and/or Services for any objectionable, unlawful or illegal purpose;
  • transfer, sell, redistribute or use information contained on the Website for commercial purpose without our prior written consent;
  • transfer or sell your use of or access to the Website and/or Services to any third party;
  • provide inaccurate, misleading, or false information to us or to any other User;
  • post, copy, modify, transmit, show in public or private, create any derivative works from, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
  • restrict or inhibit any other User from accessing or using the Website and/or Services, including, without limitation, by means of hacking or defacing any portion of the Website;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or any part of the Website;
  • introduce any viruses, trojans, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program, or material which is malicious or technologically harmful or that may damage the operation of the Website or Services;

You will be liable for the payment of any Services purchased regardless as to whether access to your account was unauthorized or fraudulent.

You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Website and/or Services.

  1. Warranty Disclaimer

You agree that use of this Website and Services is at your sole risk.

Accelerate does not represent or warrant, express or implied, that the use of the Website or Services will:

  • meet your needs;
  • be accessible at all times;
  • be free from errors or omissions;
  • be uninterrupted or error free;
  • be accurate, complete or current; or
  • be free of viruses or other harmful components.

We furthermore do not warrant that any particular results, legal or otherwise, may be obtained by use of this Website or the Services.

By using the Website, you acknowledge that email is not 100% reliable or secure mode of communication. There may be times you do not receive an email communication from the Website when expected. You agree that the email service is provided as convenience, and that the primary source of the Services is the Website. If you fail to receive any expected email communication, you agree that it is your responsibility to check spam filters or folders and to email us at info@accelerate.legal if necessary.

Accelerate shall not be liable for delays, loss of data, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Accelerate.

We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. You are responsible for ensuring that you have appropriate systems in place to protect yourself from this type of issue.

Both this Website and the Services are made available on an “as is” basis without warranties of any kind, whether express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, non-infringement, and all warranties relating to the adequacy, accuracy, or completeness of any information available through the Website or the Services.

  1. Links to Third-Party Websites

The Website may contain links to third-party websites. These websites have their own privacy policies that you should check. Accelerate does not accept any responsibility or liability for their policies, content, or practices whatsoever, or the consequences of visiting such websites through the links provided on the Website, as Accelerate has no control over third-party websites.

  1. Use of Third-Party Services

The Website contains certain services and functions provided by third parties. To help provide these services and functions to you, you agree that we may share your information that is needed to provide such services and functions to such third parties.

  1. Limitations of Liability

In no event shall we be liable for any loss, personal injury, property damage, loss of profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct, indirect, incidental, punitive, special, consequential or exemplary damages based on any cause of action arising out of the use of the Website and/or Services or any alleged failure of performance, error, omission, interruption, deletion, defect or any delay in service, operation, or transmission of  the Services or any other damages arising from the use of or inability to use the Website and/or Services. These limitations apply regardless as to the basis on which the liability is claimed.

Your sole remedy of dissatisfaction with the Services is to stop using the Website. To the extent that our liability cannot be excluded by law, the sole and exclusive maximum liability to Accelerate for all damages, losses and causes of action, whether in contract or otherwise, shall be the total amount paid to us by you, if any, for the Services.

These limitations will apply to the fullest extent permitted by law.

  1. Indemnity

You agree to assume liability for any third-party claims against Accelerate that may arise due to your actions. You agree to defend, hold harmless, and indemnify us from and against all claims of any kind, damages, costs, debt, losses, liabilities, obligations, injuries, and expenses, including reasonable attorney’s fees and costs arising from your use of and access to the Website and/or Services; any violation by you of these Terms; any violation by you of any third-party rights; and any claim levied against you that your submission caused damage to a third party.

  1. Refund Policy

No refunds shall be available for paid Services or for subscription fees or other services.

  1. Amendments to these Terms

We are entitled to amend the Terms at any time, and any such amendments will be applicable to all subsequent access to or use of our Website and Services. If you do not accept the amended Terms, you may reject these by immediately terminating all access and use of the Website and Services, in which case continuing access or use of our Website and Services implies acceptance of the amended Terms.

  1. General

These Terms shall be governed and construed in accordance with the laws of South Africa, and any dispute arising out of these Terms shall be submitted to a competent South African court having the requisite jurisdiction to hear the matter.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms and the remaining Terms will continue to apply.

We may assign any of our rights or obligations under these Terms without your consent. A User may not assign any of his/her rights.

The failure of either Party to fulfil any of their obligations under these Terms shall not be considered a breach of, or default provided such inability arises as a result of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to fulfil their obligations in accordance with the Terms, and has informed the other as soon as possible about the occurrence of such an event. The performance of both Parties shall be suspended during the subsistence of Force Majeure.