TERMS AND CONDITIONS
Please read the following Terms and Conditions (“the Agreement”) carefully before utilising the Enviro Legal App (“the Application”).
Use of the Application indicates that you (“the User”) understand and agree to be bound by the terms and conditions of the Agreement.
Enquiries: lvdw@global.co.za
1. DEFINITIONS
In this Agreement the following definitions apply:
“Application” shall mean computer software designed to help a User perform specific tasks.
“Service” shall mean the service offered via the Enviro-Legal Application.
“Services provider” shall mean the content manager of the App, Lizette van der Walt.
“User/s” shall mean any subscribers who make use of, or accesses, the Application.
2. THE SERVICE
2.1 The Service is designed to ease the identification and interpretation of South African environmental laws, by providing the following functions / services:
- KEY OBLIGATIONS is a screening tool to facilitate QUICK AND EASY IDENTIFICATION OF, AND ACCESS TO, the applicable updated and consolidated environmental acts, regulations, norms & standards and local authority bylaws. **
- WEEKLY UPDATES alert the user weekly to national, provincial & local authority enviro legal changes/additions. Links to the full text of the gazetted notice are included in the weekly updates.
- PRACTICAL HELP includes a variety of video presentations, interpretation guidelines, and checklists, developed in response to USER REQUESTS. Useful links to reputable resources are also provided.
- HOT TOPICS include INTERPRETATION AND PROPOSED ACTIONS for the more important new and changed environmental legislation.
- SUBMIT YOUR QUESTION entitles subscribers to one hour consultation time for single PREMIUM users, and two hours for multiple PREMIUM users, to be utilised by submitting questions via this function. Questions are answered within 48 hours.
** Legislation governing the following aspects are not covered by the APP, but guidance may be requested via CONTACT US as part of the subscription cost:
Nuclear safety; plant breeding; petroleum extraction; outdoor advertising; declaration of private nature reserves and heritage sites; extensions to private and public nature reserves; transportation of dangerous goods by air and sea; non-proliferation of weapons of mass destruction; obligations on organs of state.
2.2 The following membership options are available:
2.2.1 BASIC PACKAGE: Including all the above functions, except ‘SUBMIT YOUR QUESTION”.
2.2.2 PREMIUM PACKAGE: Including all the above functions, including “SUBMIT YOUR QUESTION”.
2.2.3 A 30-day free trial of the BASIC SINGLE USER package is also available.
Both “basic” and “premium” packages are available for single or multiple users (max 5 users) subscription.
2.3 The APP’s contents and answers to questions are managed by Lizette van der Walt (B.Iuris LLB), an environmental law specialist with 28 years experience in South African environmental law.
3. PERMITTED USE OF THE APPLICATION
3.1 The monthly subscription fee allows access to the Application by the registered users, who may use the Application on a mobile device or a personal computer (or both).
3.2 Every effort is made to ensure that the Application is always operational. However, the Services Provider takes no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues beyond the control of the Services Provider.
3.3 Users may not use the Application for any purpose that is unlawful or prohibited by these Terms of Service. Unauthorised use of this Application may result in the Services Provider deactivating the relevant account(s) and instituting a claim for damages against the Subscriber.
4. DEVICE REQUIREMENTS AND COMPATIBILITY
4.1 The device used to access the Application must be powered on and within the relevant User’s communication network operator’s data coverage area and the User’s data communication services from the relevant network operator must be enabled and operational.
5. PAYMENTS AND CANCELATIONS
5.1 The monthly subscription fees for the respective membership levels are as follows (In-app purchase via Payfast for credit or cheque card, or EFT to the Services Provider’s bank account, preceded by a request for an invoice from lvdw@global.co.za).
BASIC SINGLE USERS: R 350.00 per month (excluding SUBMIT YOUR QUESTION).
BASIC MULTIPLE USERS (max 5 users): R650.00 (excluding SUBMIT YOUR QUESTION).
PREMIUM SINGLE USER: R 1 200.00 per month (Including 1 hour consultation time per month, used via SUBMIT YOUR QUESTION).
PREMIUM MULTIPLE USERS (max 5 users): R 2 400.00 per month (including 2 hours consultation time per month, used via SUBMIT YOUR QUESTION).
5.2 The subscription period will be for a minimum of 1 month, and a maximum of 12 months.
5.3 The subscription will be automatically renewed, unless the Subscriber cancels the subscription before the end of the subscription period via electronic mail to lvdw@global.co.za.
5.4 Inflationary adjustments will be made during January of each year.
6. SUBSCRIPTION PROCEDURE
6.1 In order to access and use the Application, install the Enviro Legal App from the Google Play Store or the Apple iStore. The App may be installed on your computer and/or mobile device.
6.2 Once installed, OPEN the App and click on SUBSCRIBE at the bottom of the App’s landing / home page.
6.3 Choose your desired Membership Levels and follow the prompts to set up your account. Save your username and password in a confidential location for future retrieval.
6.4 If opting to pay with a credit or cheque card, enter the card details and complete the transaction. You will receive an invoice via email.
6.5 If opting to pay via EFT, request an invoice via lvdw@global.co.za. Upon receiving proof of payment, the Services Provide will provide you with an account number for LOG-IN purposes.
6.6 Use your LOG-IN details to access the App’s contents. Click “remember me” to avoid being LOGGED-OUT after every session.
6.7 Users must keep their access details confidential and not allow others to use them. Security of the account is the User’s responsibility.
6.8 In the event of the security of a User’s account being compromised, the Services Provider reserves the right to suspend the processing of any communications and will deactivate the associated login credentials.
6.9 The User hereby indemnifies and holds the Services Provider harmless for all losses, damages and expenses arising from the user’s failure to ensure the security of the account, including all legal fees, on an attorney-client scale.
7. PROTECTION OF PERSONAL INFORMATION
7.1 Any confidential information supplied by a Subscriber to the Services Provider when setting up an account, or when submitting questions, will be dealt with in accordance with our Privacy Policy, the Terms & Conditions set out herein and South African legislation as it may apply. The collection, use, and disclosure of subscribers’ personal information is described in our Privacy Policy.
8. INTELLECTUAL PROPERTY
8.1 All content made available to you though the Application, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by the Services Provider or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the Application is the exclusive property of the Services Provider and is protected by South African and international copyright laws.
8.2 Unauthorised use of the Application includes engaging personally or permitting a third party to engage in the following activities:
a) copying, adapting, modifying, publishing, republishing, distributing or redistributing this Application or any content on the Application to third parties without the Services Provider’s prior written consent. (Distributing content within your firm or company is permissible);
b) making and distributing copies of the Application or allowing such activity by third parties on your behalf;
c) creating derivative works of the Application of any kind.
8.3 The User agrees that a breach of the terms of this clause could result in the institution of a damages claim against the User, which will include the right to claim special, incidental, consequential or indirect damages. The Services Provider will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
8.4 If the User believes that there has been an intellectual property breach or is aware of such a breach, the Services Provider must be contacted as soon as possible.
9. LIMITATION OF LIABILITY
9.1 The Services Provider makes all reasonable efforts to ensure that all material and information provided in relation to the Application is correct. However, the Services Provider shall not be liable for any errors, inaccuracies or omissions regarding the information provided on the Application.
9.2 The Services Provider shall not be responsible or liable for any direct, indirect, incidental, consequential or any other damages arising out of or relating to the Application and any content or information contained within the Service, and/or any Third-Party site.
9.3 The Services Provider shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the User downloading, installing, accessing or using the Application.
10. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002
The following table contains further information on the Services Provider and represents the information that must be provided to you in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002.
| Full Name of Services Provider: | Lizette van der Walt |
| Legal Status: | Sole Proprietor |
| Physical Address: | 38 Palmiet Street, Moreletapark, Pretoria, South Africa |
| Postal Address: | PO Box 4248, Rietvalleirand, 0174 |
| Physical Address for receipt of legal documents: | 38 Palmiet Street, Moreletapark, Pretoria, South Africa |
| Telephone Number: | 083 272 5245 |
| E-mail address: | lvdw@global.co.za |
| Description of products and/or services offered: | Specialist environmental legal information and Question & Answer function |
| Full price of products and/or services offered: | BASIC SINGLE USERS: R 350.00 per month (excluding SUBMIT YOUR QUESTION). BASIC MULTIPLE USERS (max 5 users): R650.00 (excluding SUBMIT YOUR QUESTION). PREMIUM SINGLE USER: R 1 200.00 per month (Including 1 hour consultation time per month, used via SUBMIT YOUR QUESTION). PREMIUM MULTIPLE USERS (max 5 users): R 2 400.00 per month (including 2 hours consultation time per month, used via SUBMIT YOUR QUESTION). Subject to annual inflationary adjustments. |
| Manner of payment for products and/or services offered: | Payfast (for card payments) or EFT to services provider. |
| Manner and period within which consumers can access and maintain a full record of applicable transactions: | Available for 5 years upon request via electronic mail to lvdw@global.co.za |
| Return, Exchange and Refund Policy: | N/A |
| Alternative Dispute Resolution code to which the Services Provider subscribes: | N/A |
| Codes of Conduct to which the Services Provider subscribes: | N/A |
| Applicable terms of agreement, including any guarantees: | N/A |
| Privacy Policy: | Published on the App’s Landing Page. |