Lexum Terms of Use

last updated: 23 September 2017
PLEASE READ TERMS OF USE CAREFULLY BEFORE USING LEXUM ONLINE PLATFORM

 

PARAGRAPH A

By using the LEXUM website (the "Website") or any Lexum applications or application plug-ins you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations of the Republic of South Africa. "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Website or any Services. We may revise these Terms of Use at any time without notice to you.

YOU AGREE THAT BY USING THE WEBSITE, ANY APPLICATIONS, AND THE SERVICES, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than litigation, and also limit the remedies available to you in the event of a dispute.

For the Record

The Website (www.lexum.co.za) provides an online digital platform to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to access legal services and advice, including legal documentation. Lexum is not a law firm and may not perform services performed by one. Lexum, its Services, and its forms or templates are not a substitute for the advice or services of a legal practitioner. Lexum’s digital platform may refer and connect you to qualified lawyers and other licensed legal practitioners on request, who may provide answers to your questions, either as a free service or a paid service. Legal practitioners that submit User Content and provide advice do so at their own risk.

Lexum will not disclose user’s personal data and sensitive information to third parties, and will not send you unsolicited information. Lexum will however be entitled to use the content in whatever manner that it deems fit.

Lexum strives to keep its legal documents and information accurate, current, and up-to-date. However, because the law changes rapidly, Lexum cannot guarantee that all of the information on the Site or Applications is completely current.

From time to time, Lexum may perform certain legal practitioner access services and introduce our visitors to legal practitioners through various methods, including but not limited to (i) legal plans, (ii) third party directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Lexum through the performance of any such services.

1. Accounts and Use

When you open an account to use or access the Website, its Applications, or Services, you will be requested to provide complete information on the registration form. You will also be asked to provide a user name and password. You may or may not provide your real name when signing up as a Lexum user. Lexum permits anonymous or pseudonymous accounts. Any user may request that his or her email address be hidden to provide for additional privacy.

You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Lexum immediately of any unauthorized use of your account, user name or password. Lexum shall not be liable for any losses you 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 Lexum, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

2. Ownership

This Website and Applications are owned and operated by Lexum Pty Ltd duly incorporated under the laws of the Republic of South Africa, and owners of the online platform www.lexum.co.za. All rights, title and interest in and to the materials provided on this Website and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Lexum or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Lexum, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Website or on any Applications shall be construed to confer any license under any of Lexum’s intellectual property rights, whether by estoppel, implication or otherwise.

3. Links to Third Party Sites

This Website and Applications may contain links to other websites controlled by parties other than Lexum (each a "Third Party Site"). Lexum works with a number of partners and affiliates whose sites are linked with Lexum. Lexum may also provide links to other citations or resources with whom it is not affiliated. Lexum 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 a Third Party Site or any changes or updates to such sites. Lexum makes no guarantees about the content or quality of the products or services provided by such sites. Lexum is not responsible for webcasting or any other form of transmission received from any Third Party Site. Lexum is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lexum of the Third Party Site, nor does it imply that Lexum sponsors, is affiliated or associated with, guarantees. Lexum is not responsible for any loss or damage of any sort you may incur from dealing with a third party. 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.

4. Use of Lexum Legal Forms

On the Website, through our Applications, we may offer self-help "fill in the blank" forms. If you buy or download a form on the Website or Application, the terms and conditions of these Terms of Use will apply. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

5. License to Use

Lexum grants you a limited, personal, non-exclusive, and non-transferable license to use the content delivered to you by Lexum Website (the "Content") for your own personal, internal business use, or if you are a legal practitioner or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner, except for modifications for your own authorized use. You shall not remove any copyright notice from any Content if present.

6. Resale of Content Prohibited

By receiving any Content from the Website, you agree that the Content you receive or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Lexum.

7. Dispute Resolution by binding arbitration

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our Customer Care Centre. In the unlikely event that the Lexum Customer Care Centre is unable to resolve your complaint to your satisfaction (or if Lexum 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 or in a small claims court rather than in a court of general jurisdiction. Lexum and you agree to arbitrate all disputes and claims between us before a single arbitrator including claims that may arise after the termination of these terms.

8. Rights and Responsibilities of Lexum

Lexum is not the publisher or author of the User Content. Lexum takes 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, Lexum takes reasonable steps to maintain security. Lexum 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.

9. Responsibilities of Lexum Users or Other Posters of User Content

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Lexum service that allows interaction or dissemination of information. In posting User Content, 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, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • that violates any law, statute, ordinance, 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 of Use.

You grant Lexum 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.

10. No Warranty

THE WEBSITE, APPLICATIONS, AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE WEBSITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEXUM 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.

LEXUM MAKES NO WARRANTY THAT: (A) THE WEBSITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE WEBSITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LEXUM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

11. Limitation of Liability and Indemnification

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD LEXUM 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 OTHER DELICTUAL ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

12. Compliance with Intellectual Property Laws

When accessing Lexum or using its Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Website 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 Lexum user account.

Lexum reserves the right to remove such infringing content or materials and investigate such allegations immediately.

13. Inappropriate Content

When accessing the Website, any Applications, or using Lexum Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that promotes or encourages conduct that could constitute a criminal offense, or give rise to civil liability or otherwise violate any applicable municipal, provincial, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Lexum reserves the right to terminate or delete such material from its servers. Lexum will co-operate fully with any law enforcement officials or agencies in the investigation and prosecution of any violation of these Terms of Use or of any applicable laws.

14. Copyright

All Website design, text, graphics, the selection and arrangement thereof are Copyright of Lexum ©, Lexum Pty Ltd. ALL RIGHTS RESERVED.

15. Trademarks

Lexum Pty Ltd, lexum.co.za, logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Lexum. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

16. Lexum Tokens and Reward Policy

Lexum Tokens is Lexum’s internal trade token which you can use to pay for some of its products and services or use as a means of exchange on the Website. Lexum Tokens may be given to you by Lexum as a reward for using the Website or Services or may be purchased by yourself for use on the Website. Where Lexum Tokens is allowed as a means of payment, you can use it to pay in whole or in part for any products or services. As a payment tool one Lexum Token is denominated as equal to one South African Rand.

Lexum Tokens are personal and cannot be transferred to any other Lexum User. All Lexum Coin-related transactions (debits and credits) are reflected in your personal profile on the billing section. The available amount of Lexum Coins is also reflected in your personal profile.

Lexum Tokens cannot be withdrawn from Lexum in any way or refunded. Lexum Tokens can only be used to pay for products and Services provided by Lexum.

Lexum Tokens cannot be deducted from user’s account in any manner apart from paying for Lexum products and Services. Lexum Tokens do not expire. Once obtained they can be used at any time as long as the user account is active.

If by any reason the user’s account is blocked or deleted, then the associated amount of Lexum Tokens become void and is not subject to a refund or transfer to any other account.

In order to reward active users of Lexum they may be granted free Lexum Tokens. For a full and updated description of rewards, terms and conditions please refer to this page. Lexum reserves the right to reward any user over and above the amounts listed on the Website or for any other reason not included in the list.

Lexum dispenses rewards at its own discretion and is under no obligation to do so. However, if you believe that you have a complaint about the fairness in the exercise of this discretion, please contact Lexum Customer Care, and provide us with details of your complaint.

17. Lexum Refund Policy

Lexum provides top quality service. If you are not satisfied with our service or believe there has been an error in billing, please contact our Customer Care Center immediately so that we can help you resolve the issue or provide a refund if there is a legitimate compliant.

17.1. Refund for Unanswered Questions

If your paid question has not been answered within 72 hours since publication, you are entitled to a 100% refund. You will be sent an automatic email with instructions on how to get your refund. If you did not receive the email with instructions, you can always request it again from your personal profile on the Website. Lexum takes 20 banking days from the moment your refund is confirmed to pay you back.

17.2. Refund for Low-Quality Service

If you are not satisfied with answers or any other Service rendered to you by Lexum you can ask for a refund. After you claim a refund Lexum will inform you via email whether your request is accepted or not and will subsequently trigger an investigation. Lexum takes up to 5 business days to investigate your case and make a motivated response whether you are eligible for the refund or not. Lexum may offer you the option of fulfilling your initial order, with an improved response. If proposed options are not acceptable and you choose to continue with the refund, you will be sent an automatic email with instructions on how to get your refund if it is validated.

17.3. Refunds for Subscriptions

Lexum provides 100% refund if due to Lexum’s fault you couldn’t use one or more options included in your subscription plan over the period of your paid subscription.

There will be no refund if all Services were rendered by Lexum in accordance with your subscription plan but was never used. To avoid such cases, remember that you can cancel your subscription from your personal profile any time or temporarily freeze your subscription.

17.4. Refund for Lexum Tokens Purchases

Lexum does not provide any refunds for purchasing Lexum Tokens whatsoever. All Lexum Tokens purchases are final, and are to be used as per section 16 of these Terms of Use.

17.5. Refund of Lexum Tokens

Lexum Tokens used to pay for Services are subject to our refund policy in the same manner as real currency. If you use Lexum Tokens to pay for your order (entirely or as a part of the payment) then the same amount will be returned to your personal account in the form of Lexum Tokens.

17.6. Refund Requests

When contacting us, please include any details relating to the Services you have purchased so that we can ensure you are completely satisfied with your Lexum experience. All refund requests must be made within 30 days of purchase. If you wish to cancel an annual subscription, you may apply to receive a pro-rata refund for the remaining time which has not been used. In order to apply for a refund relating to an annual subscription, contact our Customer Care Center.

Lexum is entitled to deduct all transaction costs relating to refunds.

18. Right to Refuse

You acknowledge that Lexum reserves the right to refuse service to anyone and to cancel user access at any time.

19. Acknowledgement

BY USING LEXUM SERVICES OR ACCESSING THE LEXUM WEBSITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

PARAGRAPH B

THIS PORTION APPLIES ONLY TO LEXUM LEGAL PRACTITIONERS

20. Ratings

By submitting your personal contact details (email address, phone number, etc.) You agree that users of Lexum may rate and review your performance on the site. Ratings and ranking are public and open, and are based entirely on the opinion of users of the Website with respect to the performance of the Legal Practitioner. Users may choose one or more answers to a question as the best. Lexum or other Legal Practitioners have no influence over the choice made by users or ratings. The ratings or rankings is no reflection of the competence of the Legal Practitioner in his or her independent practice.

21. Quality of service

The Legal Practitioner agrees to provide an answer to the best of his/her ability, whether free or paid. An answer is expected to solve a problem. It is however expected that the answer to a paid question will be more comprehensive and exhaustive, with possible links, case law and legislation if necessary. Both the user and Legal Practitioner may ask related and relevant follow up questions in all cases.

22. Plagiarism and content re-use

The Legal Practitioner shall not paraphrase or use answers provided by other Legal Practitioners to answer questions. Legal Practitioners may however use answers of others to explain their answer, and must give credit to the source.

23. Provision of answers and user content

A Legal pPractitioner is only permitted to provide one answer to a question. Such an answer can only be amended and not changed. All answers, follow up questions, amendments, and comments will remain on the platform and cannot be deleted or changed. This can only be done by Lexum support services.

24. Paid Services

A legal Practitioner is only allowed to answer a paid question or provide a paid service if he is acting under the instruction or as part of a law firm registered and permitted to provide paid services. Payment in this instance will be made to the law firm which will subsequently remunerate the Legal Practitioner. The Practitioner’s cabinet will however exhibit his earnings.