1. Introduction
These Terms and Conditions ("Agreement") govern the use of the online legal chat service ("Service") provided by LegalPass (Pty) Ltd ("LegalPass"), which in turn uses the services of Mouyis Cohen (Pty) Ltd, a registered law firm in the Republic of South Africa ("the Firm").
By subscribing to and using the Service, the user ("Subscriber") agrees to be bound by this Agreement.
2. Nature of the Service
2.1The Service provides access to a pay-gated online chat platform operated by a third-party Software-as-a-Service (SaaS) provider.
2.2LegalPass does not own or control the SaaS platform and shall not be liable for any interruptions, downtime, or technical failures of the platform.
2.3All legal practitioners providing responses via the Service are employed by or act as consultants to the Firm.
3. Nature of Advice
3.1The Subscriber expressly acknowledges that the Service is designed to provide legal guidance to the Subscriber on an informal chat basis. Due to the nature of the Service, the Subscriber acknowledges that full and detailed instructions will not be provided to the Firm and, accordingly, the Firm will not be providing formal legal advice at any time.
3.2For formal legal advice, a separate mandate must be concluded with the Firm, or sought from any other registered law firm.
4. Subscription and Payment
4.1The Subscriber agrees to pay a monthly subscription fee as agreed at the time of sign-up and/or to access the services via a usage code provided to the Subscriber.
4.2Payment shall be effected via debit order against the card details provided by the Subscriber.
4.3The Subscriber authorises LegalPass to process recurring monthly payments.
4.4Failure of payment may result in suspension or termination of access to the Service. An access code and/or access to the Service may be suspended and/or cancelled at any time at the sole discretion of LegalPass and/or the Firm and the Subscriber hereby waives all and any claims that he/she/it may have as a result of such cancelation.
5. User Responsibilities
5.1The Subscriber agrees to use the Service lawfully and in good faith.
5.2The Subscriber shall not submit false, misleading, unlawful, or harmful content.
6. Limitation of Liability
6.1To the fullest extent permitted by South African law, LegalPass and/or the Firm shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of the Service.
6.2The Subscriber uses the Service at their own risk.
7. Indemnity
The Subscriber indemnifies and holds harmless LegalPass and the Firm, its directors, employees, consultants, and agents from and against any claims, damages, losses, or liabilities arising out of or in connection with the use of the Service.
8. Waiver
The Subscriber waives any claim against LegalPass and the Firm arising from reliance on information provided through the Service.
9. Protection of Personal Information (POPIA)
9.1The Subscriber consents to the collection, processing, and storage of their personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (POPIA).
9.2Personal information will be used for purposes related to providing the Service, billing, and compliance with legal obligations.
9.3The Firm implements reasonable security safeguards to protect personal information.
10. Third-Party Services
The Subscriber acknowledges that the chat platform is operated by a third-party provider and agrees that the Firm shall not be responsible for any data breaches or failures attributable to such provider.
11. Termination
The Firm reserves the right to suspend or terminate the Subscriber's access to the Service. The Subscriber can cancel or terminate its subscription to the Services at any time. Should the subscriber cancel the services that will continue to have access to the services until the Subscriber's current access period expires. Should any amount be debited that is not due and owing to LegalPass, same will be refunded to the subscriber. All refunds are at the discretion of LegalPass and its decision shall be final.
12. Amendments
The Firm may amend these Terms and Conditions from time to time. Continued use of the Service constitutes acceptance of such amendments.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.