Legal Notes & Disclaimers

THE FINE PRINT - PLEASE DO READ IT!

Website Terms and Conditions of Use

AGREEMENT BETWEEN USER AND WILLS FACTORY (PTY) LTD.

The Wills Factory Website is comprised of various Web pages operated by Wills Factory (Pty) Ltd (hereinafter referred to as “Wills Factory”).

The Wills Factory Website is offered to you conditional to your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Wills Factory Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Wills Factory reserves the right to change the terms, conditions, and notices under which the Wills Factory Website is offered, including but not limited to the charges associated with the use of the Wills Factory Website.

LINKS TO THIRD PARTY SITES

The Wills Factory Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Wills Factory and Wills Factory is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wills Factory is not responsible for webcasting or any other form of transmission received from any Linked Site. Wills Factory is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wills Factory of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Wills Factory Website, you warrant to Wills Factory that you will not use the Wills Factory Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Wills Factory Website in any manner which could damage, disable, overburden, or impair the Wills Factory Website or interfere with any other party’s use and enjoyment of the Wills Factory Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Wills Factory Websites.

USE OF COMMUNICATION SERVICES

The Wills Factory Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • restrict or inhibit any other user from using and enjoying the Communication Services;
  • violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • violate any applicable laws or regulations.

Wills Factory has no obligation to monitor the Communication Services. However, Wills Factory reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wills Factory reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Wills Factory reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wills Factory’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wills Factory does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wills Factory specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wills Factory spokespersons, and their views do not necessarily reflect those of Wills Factory.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO WILLS FACTORY OR POSTED AT ANY WILLS FACTORY OR TRANSFORMATION CAPITAL GROUP WEBSITE

Wills Factory does not claim ownership of the materials you provide to Wills Factory (including feedback and suggestions) or post, upload, input or submit to any Wills Factory or Transformation Capital Group Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wills Factory, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Wills Factory is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Wills Factory’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WILLS FACTORY WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WILLS FACTORY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WILLS FACTORY WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WILLS FACTORY WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WILLS FACTORY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WILLS FACTORY WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WILLS FACTORY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILLS FACTORY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WILLS FACTORY WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WILLS FACTORY WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WILLS FACTORY WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WILLS FACTORY WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WILLS FACTORY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WILLS FACTORY WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WILLS FACTORY WEBSITE.

SERVICE CONTACT: info@willsfactory.co.za

TERMINATION/ACCESS RESTRICTION

Wills Factory reserves the right, in its sole discretion, to terminate your access to the Wills Factory Website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of South Africa. and you hereby consent to the exclusive jurisdiction and venue of courts in South Africa in all disputes arising out of or relating to the use of the Wills Factory Website. Use of the Wills Factory Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wills Factory as a result of this agreement or use of the Wills Factory Website. Wills Factory’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wills Factory’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Wills Factory Website or information provided to or gathered by Wills Factory with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wills Factory with respect to the Wills Factory Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wills Factory with respect to the Wills Factory Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Wills Factory Website are: Copyright © 2016 Wills Factory (Pty) Ltd and/or its agents, partners and/or suppliers. All Rights Reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Our Privacy Policy

Wills Factory (Pty) Ltd (hereinafter referred to as “Wills Factory”) is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience.

This Statement of Privacy applies to the Wills Factory Website and governs data collection and usage. By using the Wills Factory Website, you consent to the data practices described in this statement.

COLLECTION OF YOUR PERSONAL INFORMATION

Wills Factory collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Wills Factory also collects anonymous demographic information, which is not unique to you, such as your Postal Code, age, gender, preferences, interests and favourites.

There is also information about your computer hardware and software that is automatically collected by Wills Factory. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Wills Factory for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Wills Factory Website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Wills Factory public message boards, this information may be collected and used by others. Note: Wills Factory does not read any of your private online communications.

Wills Factory encourages you to review the privacy statements of Websites you choose to link to from Wills Factory so that you can understand how those Websites collect, use and share your information. Wills Factory is not responsible for the privacy statements or other content on Websites outside of the Wills Factory and Wills Factory family of Websites.

USE OF YOUR PERSONAL INFORMATION

Wills Factory collects and uses your personal information to operate the Wills Factory Website and deliver the services you have requested. Wills Factory also uses your personally identifiable information to inform you of other products or services available from Wills Factory and its affiliates. Wills Factory may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Wills Factory does not sell, rent or lease its customer lists to third parties. Wills Factory may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Wills Factory may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Wills Factory, and they are required to maintain the confidentiality of your information.

Wills Factory does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Wills Factory keeps track of the Websites and pages our customers visit within Wills Factory, in order to determine what Wills Factory services are the most popular. This data is used to deliver customised content and advertising within Wills Factory to customers whose behaviour indicates that they are interested in a particular subject area.

Wills Factory Websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Wills Factory or the site; (b) protect and defend the rights or property of Wills Factory; and, (c) act under exigent circumstances to protect the personal safety of users of Wills Factory, or the public.

USE OF COOKIES

the Wills Factory Website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Wills Factory pages, or register with Wills Factory sites or services, a cookie helps Wills Factory to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Wills Factory Website, the information you previously provided can be retrieved, so you can easily use the Wills Factory features that you customised.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Wills Factory services or Websites you visit.

SECURITY OF YOUR PERSONAL INFORMATION

Wills Factory secures your personal information from unauthorized access, use or disclosure. Wills Factory secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

CHANGES TO THIS STATEMENT

Wills Factory will occasionally update this Statement of Privacy to reflect company and customer feedback. Wills Factory encourages you to periodically review this Statement to be informed of how Wills Factory is protecting your information.

CONTACT INFORMATION

Wills Factory welcomes your comments regarding this Statement of Privacy. If you believe that Wills Factory has not adhered to this Statement, please contact Wills Factory at info@willsfactory.co.za. We will use commercially reasonable efforts to promptly determine and remedy the problem.