Terms and Conditions

PLEASE READ HEREUNDER OUR WEBSITE / USER SYSTEM TERMS AND CONDITIONS OF USE BEFORE CONTINUING TO BROWSE OR ORDER / USE SERVICES ON OUR WEBSITE/ USER SYSTEM.

THE USE OF OUR WEBSITE / USER SYSTEM IS GOVERNED BY THE TERMS AND CONDITIONS STIPULATED BELOW. BY USING OUR WEBSITE AND/OR OUR USER SYSTEM, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS, INCLUDING ANY PRIVACY STATEMENTS (WHICH ARE DEEMED TO BE INCORPORATED IN THE TERMS AND CONDITIONS) THAT APPEAR ON OUR WEBSITE / USER SYSTEM INCLUDING ANY AMENDMENTS THERETO.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY CEASE BROWSING OUR WEBSITE AND/OR USING OUR USER SYSTEM.

This Agreement (“Terms”) sets out the Terms and Conditions that govern your use of Prinsloo Wright Incorporated’s Website.  By agreeing to these Terms, you also consent to the following policies applicable to and accessible on our Website and/or User System: Terms and Conditions, Privacy Policy, Return Policy and Website Terms of Use, and any other policy as is made available on our Website and/or User System from time to time (“Policies”).

1. Introduction

1.1. Our Website and/or User System can be accessed at www.prinsloowrightinc.co.za / www.pwinc.co.za (the “Website”) and is owned and operated by Prinsloo Wright Incorporated (“us”, “we” or “ our“).

1.2.     This Website’s Terms and Conditions (“Terms and Conditions”) govern the purchasing of online services on Prinsloo Wright Incorporated’s Website and the use of our Website / User System.

1.3.     These Terms and Conditions are binding and enforceable against every person that accesses or uses our Website and/or User System (“you”, “your” or “user”).  By using our Website and/or User System, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4.     Our Website and/or User System enables you to conduct online purchases from an extensive range of services from Prinsloo Wright Incorporated, which includes but is not limited to: consultations, CIPC services, company and close corporation services. Kindly note that regarding any professional legal services from Prinsloo Wright Incorporated which are not or cannot be purchased online from Prinsloo Wright Incorporated’s Website, the Terms and Conditions set out herein do not apply, but instead the terms and conditions contained in our Mandate setting out our fees and payment structure will apply.

 

2. Important Notice

2.1.     These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), as well as users (whether natural or juristic) to which the CPA does not apply.

2.2      These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

          2.2.1.  may limit the risk or liability of Prinsloo Wright Incorporated; and/or

          2.2.2.  may create risk or liability for the user; and/or

          2.2.3.  may compel the user to indemnify Prinsloo Wright Incorporated; and/or

          2.2.4.  serve as an acknowledgment, by the user, of a fact.

2.3.  Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4.  If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Prinsloo Wright Incorporated to explain same to you before you accept the Terms and Conditions or continue using our Website and/or User System.

2.5.    Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Prinsloo Wright Incorporated in terms of the CPA, in the event that the CPA is applicable.

2.6.     Prinsloo Wright Incorporated permits the use of our Website and/or User System subject to the Terms and Conditions.  By using our Website and/or User System in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use our Website and/or User System if you do not agree to the Terms and Conditions.

 

3. Registration and use of our Website and/or User System

3.1       By using our Website and/or User System, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.  If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use our Website and/or User System only with the involvement and supervision of your parent or legal guardian.  If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

3.2       You agree that you will not in any way use any device, software or another instrument to interfere or attempt to interfere with the proper working of our Website and/or User System.   In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify our Website and/or User System or the information contained herein, without the prior written consent from an authorised Prinsloo Wright Incorporated’s representative.

3.3      You may not use our Website and/or User System to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.4      You may not in any way display, publish, copy, print, post or otherwise use our Website and/or User System and/or the information contained herein without the express prior written consent of an authorised Prinsloo Wright Incorporated’s representative.

 

4. Delivery of services:

4.1      Prinsloo Wright Incorporated offers delivery of online services on its Website (“services”) to you by way of electronic data message (e.g. electronic mail).

4.2      Where we accept your order, Prinsloo Wright Incorporated will deliver the services to you as soon as reasonably possible, and within 30 (thirty) days of receipt of your payment (“Delivery Period”).   We will notify you if we are unable to deliver the services during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the services.  If you elect to cancel your order, we will reimburse you for the purchase price less any applicable costs incurred.

4.3      Prinsloo Wright Incorporated’s obligation to deliver a service to you is fulfilled when we deliver the said service to the electronic address nominated by you for delivery of the order.  Prinsloo Wright Incorporated is not responsible for any loss or unauthorised use of a service after it has delivered the service to the electronic address nominated by you.

4.4      Any information for any services submitted to us by you will be accepted and considered true and correct by us.  It is therefore your responsibility to ensure that the information and spelling provided to us by you for our services is accurate, true and correct.

4.5      For us to proceed with services, we will require a signed confirmation form or forms from you. The signed confirmation form(s) and payment confirmation must be sent to us before we can proceed.  Depending on the type of service you require, we may in certain cases also require certified copies – certified not further back than 3 months – of identity documents and passports as well as sworn affidavits or any other documents.

4.6      You understand that by using our Website for CIPC services we act as your representative and/or agent in your name and place to finalize and process such CIPC services and other documents on your behalf with third parties.  We may make enquiries we deem necessary in order to render such a service for which you applied, based on business and personal information supplied to us.  Based on this information which you provide to us we will send you periodic emails during your application period.

4.7      You understand that we cannot and do not guarantee or warrant that files downloaded through the site of third parties will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

 

5. Payment and/or Cancellation

Please see our Payment Policy (marked as annexure “A”) and Cancellation Policy (marked as annexure “B”) setting out the terms and conditions, which terms and conditions are specifically incorporated herein.

 

6. Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges for services on our Website and/or User System. However, should there be any errors of whatsoever nature on our Website and/or User System (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

 

7. Indemnification

7.1      We do not warrant that the service will be uninterrupted or error-free. In no event will we be liable for (i) any incidental, consequential, or direct or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service, even if we or our authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.

7.2      You agree to indemnify us and hold us harmless against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service.

7.3      Under no circumstances shall we be held liable for damages resulting from any interruption of service for an amount greater than the amount of the charges payable by you for services during the period damages occurred. You also acknowledge that in no case will we be liable for damages as a result of our own negligence in excess of the charges payable by you for services during the period damages occurred.

 

8. Privacy policy

Please see our Privacy Policy (marked as annexure “C”) setting out the terms and conditions, which terms and conditions are specifically incorporated herein.

 

9. Changes to these Terms and Conditions

9.1      Prinsloo Wright Incorporated may, in its sole discretion, change any of these Terms and Conditions at any time.  It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, our Website and/or User System.

9.2      Any such change will only apply to your use of our Website and/or User System after the change is displayed on our Website and/or User System. If you use our Website and/or User System after such amended Terms and Conditions have been displayed on our Website and/or User System, you will be deemed to have read and accepted such changes.

 

10. Electronic communications

When you visit our Website and/or User System or send emails to us, you consent to receive communications from us electronically in accordance with our privacy policy.

 

11. Ownership and copyright

11.1    The contents of the our Website and/or User System, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in our Website and/or User System (“Website Content”) are protected by law, including but not limited to copyright and trademark law.  Our Website and/or User System Content is the property of Prinsloo Wright Incorporated, its advertisers and/or sponsors and/or is licensed to Prinsloo Wright Incorporated.

11.2    You will not acquire any right, title or interest in or to our Website and/or User System or our Website and/or User System Content.

11.3    Any use, distribution or reproduction of our Website and/or User System Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

 

12. Disclaimer

12.1    The use of our Website and/or User System is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of our Website and/or User System or reliance on any information on our Website and/or User System.

12.2    Whilst Prinsloo Wright Incorporated takes reasonable measures to ensure that the content of our Website and/or User System is accurate and complete, Prinsloo Wright Incorporated makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of our Website and/or User System or as to the accuracy, completeness or reliability of any information on our Website and/or User System.  If any such representations or warranties are made by Prinsloo Wright Incorporated’s representatives, Prinsloo Wright Incorporated shall not be bound thereby.

12.3    Prinsloo Wright Incorporated disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of our Website and/or User System and/or any content therein unless otherwise provided by law.

12.4    Any views or statements made or expressed on our Website and/or User System are not necessarily the views of Prinsloo Wright Incorporated, its directors, employees and/or agents.

12.5    The views, opinions, discussions, recommendations, comments, teachings, findings, advice, criticism and/or any actions taken relating to the purchase and/or  transfer of any of the above related services and/or products, are those of Prinsloo Wright Incorporated only and do not reflect nor do they represent full compliance with any official legislation, regulations, policies or positions.

12.6    Although Prinsloo Wright Incorporated, its employee, subcontractors, agents and/or representatives always strive to provide information on the background, procedures, advantages and the responsibilities of the various parties involved relating to this service, we do not warrant the accuracy, effectiveness, and regulatory compliance of any service and/or product Prinsloo Wright Incorporated has provided, is in the process of providing or will provide in the future.

12.7    In addition to the disclaimers contained elsewhere in these Terms and Conditions, Prinsloo Wright Incorporated also makes no warranty or representation, whether express or implied, that the information or files available on our Website and/or User System are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.  You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Prinsloo Wright Incorporated, its employees, agents or authorised representatives.  Prinsloo Wright Incorporated thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of our Website and/or User System.

 

13. Linking to third party websites

13.1    Our Website and/or User System may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Prinsloo Wright Incorporated is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

13.2    Notwithstanding the fact that our Website and/or User System may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained therein.

 

14. Limitation of liability

14.1    Prinsloo Wright Incorporated cannot and will not be held liable for any inaccurate information published on our Website and/or User System and/or any incorrect prices displayed on our Website and/or User System, save where such liability arises from the gross negligence or wilful misconduct of Prinsloo Wright Incorporated, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

14.2    PRINSLOO WRIGHT INCORPORATED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, OUR WEBSITE AND/OR USER SYSTEM OR THE CONTENT CONTAINED IN OUR WEBSITE AND/OR USER SYSTEM; OR YOUR INABILITY TO USE OUR WEBSITE AND/OR USER SYSTEM, AND/OR UNLAWFUL ACTIVITY ON OUR WEBSITE AND/OR USER SYSTEM AND/OR ANY LINKED THIRD PARTY WEBSITE.

14.3    YOU HEREBY INDEMNIFY PRINSLOO WRIGHT INCORPORATED AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF OUR WEBSITE AND/OR USER SYSTEM AND/OR ANY LINKED THIRD-PARTY WEBSITE.

14.4    YOU HEREBY INDEMNIFY PRINSLOO WRIGHT INCORPORATED AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF CONSULTATIONS OFFERED BY PRINSLOO WRIGHT INCORPORATED WHETHER TELEPHONIC, FACE-TO-FACE OR PER ELECTRONIC COMMUNICATION.

 

15. Availability and termination

15.1    We will use reasonable endeavours to maintain the availability of our Website and/or User System, except during scheduled maintenance periods, and are entitled to discontinue providing our Website and/or User System or any part thereof with or without notice to you.

15.2    Prinsloo Wright Incorporated may in its sole discretion terminate, suspend and modify our Website and/or User System, with or without notice to you. You agree that Prinsloo Wright Incorporated will not be liable to you in the event that it chooses to suspend, modify or terminate our Website and/or User System other than for processing any orders made by you prior to such time, to the extent possible.

15.3    If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Services, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to our Website and/or User System without any prejudice to any claims for damages or otherwise that we may have against you.

15.4    Prinsloo Wright Incorporated is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing our Website and/or User System, to refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Prinsloo Wright Incorporated, in whole or in part, on notice to you.  Prinsloo Wright Incorporated shall only be liable to refund monies already paid by you (see Prinsloo Wright Incorporated’s Cancellation Policy in this regard) and accepts no other liability which may arise as a result of such refusal to process any order.

 

16. Governing law and jurisdiction

16.1    These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.  Your continued use of our Website and/or User System will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

16.2    In the event of any dispute arising between you and Prinsloo Wright Incorporated, you hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

16.3    Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

17. Notices

17.1    Prinsloo Wright Incorporated hereby selects Lord Charles Office Park, Block C, Suite CG-01, 337 Brooklyn Road, Brooklyn, Pretoria, Gauteng , as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Prinsloo Wright Incorporated may change this address from time to time by updating these Terms and Conditions.

17.2    You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Prinsloo Wright Incorporated not less than 7 (seven) days’ notice in writing.

17.3    Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –

17.3.1 by hand will be deemed to have been received on the date of delivery;

17.3.2 by prepaid registered post, will be deemed to have been received when we sign acknowledgement of such registered delivery notice.

17.3.3 by email will be deemed to have been on the date emailed.

 

18. Information

18.1    For the purposes of the ECT Act, Prinsloo Wright Incorporated’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on our Website and/or User System:

18.1.1 The physical address for receipt of legal service: Lord Charles Office Park, Block C, Suite CG-01, 337 Brooklyn Road, Brooklyn, Pretoria, Gauteng.

18.1.2  Phone number:  012 755 7840

18.1.3  Email address: info@prinsloowrightinc.co.za 

 

19. Violation of Terms:

Should you violate any of these terms, we will attempt to contact you by email or telephone before taking any action where avoidable. However, we will pursue whatever action is necessary to serve our best interest in these cases, even if that should necessitate the suspension or termination of your requested services without any type of notification.

 

20. General

20.1    Prinsloo Wright Incorporated may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of our Website and/or User System or the user’s right to use our Website and/or User System or any of its contents subject to us processing any orders then already made by you.

          20.1.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

          20.1.2 Any failure on the part of you or Prinsloo Wright Incorporated to enforce any right in terms hereof shall not constitute a waiver of that right.

          20.1.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

          20.1.4 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

          20.1.5 No indulgence, extension of time, relaxation or latitude which any party may show, grant or allow to the other shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

          20.1.6 These Terms and Conditions contain the whole agreement between you and Prinsloo Wright Incorporated, and no other warranty or undertaking is valid unless contained in this document between the parties.