PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By Using this website or any of its applications or application plug-ins(“Applications”), you agree to follow and be bound by these terms and conditions and agree to comply with all applicable laws and regulations, including Namibian export and re-export control laws and regulations. In these Terms and Conditions, the words “you” or “your” refer to each customer, Site visitor or Application user, “we”, “us” and “our” refer to Lenoma Legal and “Services” refer to all services provided by us.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site or any Applications. We may revise these Terms and Conditions at any time without notice to you, if you have any questions about these Terms and Conditions please contact our Customer Service Centre at +27 74 560 8063 /email@example.com
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEASR 18 YEARS OF AGE AND YOU ARE LEGLLY ABLE TO ENTER INTO A CONTRACT.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than class actions or court process and also limits the remedies available to you in the event of a dispute.
Lenoma Legal is an online legal ecommerce platform which allows for clients to access legal services and legal documents at an affordable price, it provides start-ups and small to medium-sized with legal solutions that every business deserves even without the budget for fees of a law firm.
When you open an account to use or access certain portions of the Site, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, username or password at any time. You agree to notify Lenoma Legal immediately of any unauthorized use of your account, username or password. Lenoma Legal shall not be liable for any losses incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Lenoma Legal, our affiliates, officers, directors, employees, consultants, agents and representative due to someone else’s use of your account or password.
- This Site an Applications are owned and operated by Lenoma Legal. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the Materials) are owned either by Lenoma Legal or by our respective third party authors, developers or vendors (Third Party providers). Except as otherwise expressly provided by Lenoma Legal, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, poste, displayed, transmitted or distributed in any way and nothing on this Site or o any Applications shall be construed to confer any license under any of Lenoma Legal’s intellectual property rights, whether by estoppel, implication or otherwise. Lenoma Legal does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Lenoma Legal. Any rights not expressly granted herein are reserved by Lenoma Legal.
- Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Lenoma Legal (each a Third-Party Site). Lenoma Legal works with a number of partners and affiliates whose sites may be linked to Lenoma Legal. Lenoma Legal may also provide links to other citations or resources with whom it is not affiliated. Lenoma Legal is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from Third Party Site or any other changes or updates to such sites. Lenoma Legal makes no guarantees about the content and quality of the products or services provided by such sites. Lenoma Legal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lenoma Legal of the Third-Party Site, not does it imply that Lenoma Legal sponsors, I affiliated or associated with, guarantees, or is legally authorised to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content on a third-party site and agree that Lenoma Legal is not responsible for any loss or damage of any ort you may incur from dealing with a third arty. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such Third Party Site.
- DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service Centre +27 74 560 8063/ firstname.lastname@example.org In the unlikely event that the Lenoma Legal Customer Service Centre is unable to resolve your complaint to your satisfaction (or if Lenoma Legal has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge, it allows for more limited discovery than a court does and is subject to limited review by courts. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class actions are not permitted.
You may speak with independent counsel before using this Site or completing any purchase.
- Lenoma Legal and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before these or any prior Terms and Condition( Including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- Claims that may arise after the termination of these Terms and Conditions.
For purposes of this Arbitration Agreement, references to Lenoma Legal, you or us include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms and Conditions or any prior agreement between us. Beneficiaries include but are not limited to those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in a court of law. This Arbitration Agreement does not preclude your bringing issues to the attention of application court jurisdiction and/or agencies. Such courts/agencies can if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Lenoma Legal are each waving the right to a trial or to participate in a class action. This arbitration provision will survive termination of these Terms and Conditions.
- A party who intends to seek arbitration must first send, by Registered Mail, a written Notice of Dispute to the other Party. A Notice of Dispute to Lenoma Legal must be addressed to: 51 Parfitt Avenue, Park West, Bloemfontein, Free State, ZAR the notice must:
- Describe the nature and basis of the claim/dispute and
- Set forth the relief sort (Demand).
If Lenoma Legal and you do not reach an agreement to resolve the claim within 30 business days after the Notice is received, you and Lenoma Legal may proceed with an Arbitration process. During the Arbitration, the amount of any settlement offer made by Lenoma Legal or you shall not be disclosed to the Arbitrator until after the Arbitrator determines the amount, if any, to which you or Lenoma Legal is entitled to.
- After Lenoma Legal receives Notice of Dispute at the Notice Address that you have commenced Arbitration, it will promptly reimburse you for your payment of the filling fee, unless your claim is for more than R50 000.
The arbitrator is bound by these terms and conditions. All issues are for the arbitrator to decide, except that issues relating to the scope enforceability and interpretation of the arbitration provision and scope, enforceability and interpretation of paragraph are for the court to decide. Unless Lenoma Legal and you agree otherwise, any arbitration hearings will take place in the country of your contact address.
- If after finding in your favour in respect of any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Lenoma Legal’s last written settlement offer made before an arbitrator was selected then Lenoma Legal will:
- Pay you either the amount of the award of or R1000 [ the alternative payment], whichever is greater; and
- Pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs0, that your attorney reasonably accrues for investigating, preparing and pursing your claim in arbitration (the attorney’s payment).
If Lenoma Legal does not make a written offer to settle the dispute before an Arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Lenoma Legal’s last written settlement offer, the Arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Lenoma Legal’s settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements a right to attorney’s fees and expenses you may have under any applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Lenoma Legal may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceedings, Lenoma Legal will not seek such an award.
(f) The arbitrator may ward injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND LENOMA LEGAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMEBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY. Further, unless both you and Lenoma Legal agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that a court could award that is individualized to the claimant and would not affect other customers.
(g) Either party may appeal the award to a 3 person/arbitrator panel by way of written notice of appeal within THIRTY (30) days from the date of entry of the written arbitration award. The 3 person/arbitrator will issue its decision within ONE HUNDRED AND TWENTY (120) days of the date of the appealing party’s notice of appeal. The decision shall be final and binding, subject to any right of judicial review.
(h) Notwithstanding any provision in the applicable Terms and Conditions to the contrary, we agree that if we make any future change to this arbitration provision other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least THIRT (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
- ADDITIONAL TERMS. Some Lenoma Legal Services may be subject to additional posted guidelines, rules or terms of service (Additional terms) and your use of such services will be conditioned on your agreement to the additional terms. If there is any conflict between these Terms and Conditions and the Additional Terms will control for that service, unless the Additional Terms expressly state that these Terms and Conditions will control.
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT. At various locations on the Site or through Applications, Lenoma Legal may permit visitors to post ratings, reviews, comments, questions, answers and other content (the User Content). Contributions to, access to and use of the User Content is subject to this paragraph and the other term and conditions.
- RIGHTS AND RESPONSIBILITIES OF LENOMA LEGAL
Lenoma Legal is not the publisher or author of user content. Lenoma Legal has no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Lenoma Legal takes responsible steps to maintain security. If you have reason to believe system has been breached, contact us by email for help at email@example.com
If Lenoma Legal’s technical staff finds that files or processes belonging to a mentor pose a threat to the proper technical operation of the system or to the security of other members. Lenoma Legal reserves the right to delete those files or to stop those processes. If the Lenoma Legal technical staff suspects a user name is being used by someone who is not authorised by the proper user, Lenoma Legal may temporarily disable that user’s access in order to preserve system security. In all such cases, Lenoma Legal will contact the member as soon as feasible.
Lenoma Legal has the right (but not the obligation) in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of Lenoma Legal or other posters of user content.
You re legally and ethically responsible of any User Content- writings, files, pictures or any other work – that you post or transit using any Lenoma Legal service that allows interaction or dissemination of information. In posting Use you agree that you will not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes anyone’s copyright, patent or trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property laws below:
- That violates any law, statute, or regulation ( including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation.
- that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
- that otherwise violates these Terms and Conditions;
You grant Lenoma Legal a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Lenoma Legal may use your email address to contact you about the status of your review and other administrative purposes.
- NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Lenoma Legal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Lenoma Legal SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
- NOTWITHSTANDING THE ABOVE, Lenoma Legal OFFERS A 60 DAY SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE Lenoma Legal. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD Lenoma Legal AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Lenoma Legal HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Lenoma Legal, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
- Unsolicited Submissions. Except as may be required in connection with your use of Lenoma Legal, Lenoma Legal does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Lenoma Legal through or in association with this Site shall be considered non-confidential and Lenoma Legal ‘s property. By providing such submissions to Lenoma Legal you hereby assign to Lenoma Legal, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Lenoma Legal shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
- Compliance with Intellectual Property Laws. When accessing Lenoma Legal you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Lenoma Legal user account.
- Lenoma Legal has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Lenoma Legal or of a third party or that violate intellectual property rights generally. Lenoma Legal ‘s policy is to remove such infringing content or materials and investigate such allegations immediately.
- Lenoma Legal
- has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
31 Parfitt Avenue
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
(1) Your physical or electronic signature;
(2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdictional laws of Namibia and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
- Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of Namibian export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any Namibian or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. 15. Personal Use. The site is made available for your personal use on your own behalf.
- Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
- Customers Needing Extra Assistance. Lenoma Legal aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Lenoma Legal website, or otherwise have difficulties using the Lenoma Legal website, please call firstname.lastname@example.org our customer service team will assist you.
- Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Lenoma Legal. ALL RIGHTS RESERVED.
- Trademarks. Lenoma Legal e logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Lenoma Legal. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Inquiries. BY USING LENOMA LEGAL ‘S SERVICES OR ACCESSING THE LENOMA LEGAL SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER LENOMA LEGAL TO LENOMA LEGAL VIA THE LENOMA LEGAL SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO LENOMA LEGAL, AND THAT LENOMA LEGAL MAY CONTACT YOU AT THE NUMBER SUBMITTED.
- Right to Refuse. You acknowledge that Lenoma Legal reserves the right to refuse service to anyone and to cancel user access at any time.
Lenoma Legal 51 Parfitt Avenue, Park West, Bloemfontein, Free State Updated January 2017