National Will Register SARWT

South African

Registry of Wills and Testaments

Terms of Use

1. These terms and conditions of the terms of use agreement (“the agreement”) govern your (“the User”) use of the SARWT website. By accessing and using the website, the User agrees to be bound by the terms and conditions set out in this agreement. If the User does not wish to be bound by these terms and conditions, the User may not access or use the content of this website.

2. The main characteristics of the services offered through the website to the User inter alia entails the provision by SARWT of a database allowing the User access to upload and store particulars of a Will and to retrieve such particulars free of charge.

3. SARWT grants to the User, subject to the agreement, a non-exclusive, non-limited and revocable right to upload, access, display and use content for information purposes only.

4. The User agrees not to use the SARWT website or content provided on or through the website for any purpose that is unlawful or prohibited by these terms and conditions, or the rules, guidelines posted for a specific area of this website or content provided through the website. Any unauthorised use terminates this license.

4.1 The User agrees that he/she will only upload, share, post, publish, transmit, or otherwise make available on or through the website content that he/she has the right and authority to share and for which he/she has the right and authority to grant to SARWT the licenses and rights to use and display the content.

4.2 The User agrees that he/she will not upload any content that is false or misleading; is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; invades another's privacy or includes another's confidential, sensitive or personal information; promotes harm against any individual; violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights.

4.3 The User agrees not to access or use the website in any manner that could damage, disable, overburden, or impair the website or networks. The User agrees not to attempt to gain unauthorized access to any parts of the website or systems or networks. The User agrees not to interfere or attempt to interfere with the proper working of the website or systems or networks.

4.4 This website and the content may not be reproduced, duplicated, copied, resold, utilised or otherwise exploited for any commercial purpose without the express prior written consent of SARWT.

4.5 The User may not frame nor use framing technologies to enclose the SARWT website or the content nor any part thereof without the express written consent of SARWT.

4.6 Minors are not eligible to use the website, and SARWT asks that they do not submit any information to the website unless sixteen years of age and assistant by a parent or legal guardian.

5. SARWT receives various types of information from Users who access the website, including the uploading of personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s1 of ECTA (hereinafter referred to “Personal Information”). SARWT may electronically collect, store and use personal information. SARWT voluntarily subscribes to s51 of ECTA and endeavours to treat Personal Information received by SARWT accordingly. Whenever the User is of the opinion that SARWT fails to comply with s51 of ECTA, the User shall contact SARWT by sending an email to . SARWT will review the User’s representations made by email and if deemed necessary, within SARWT sole and absolute discretion, take corrective action. In any event within 30 days SARWT will respond to the User informing about corrective actions taken, if any. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.  SARWT will not be responsible for any damages to the User, or any third party as a result of the transmission of confidential or disclosed information that the User makes to SARWT  through the Internet.

6. SARWT provides certain information in the website. Content to be displayed in this website is provided by SARWT, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to literary works, artistic works, published editions and computer programs (“the content”). All such proprietary works, and the compilation of the proprietary works, belong to SARWT, its affiliates or subsidiary, or any third party owners of such rights, and the content protected by South African and international copyright laws. SARWT reserves the right to make any changes to the website and/or services offered through the website at any times and without notice. All rights in and to the website are reserved and retained by SARWT.

7. SARWT makes no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an Internet link. Neither SARWT nor any holding company, affiliate or subsidiary of SARWT, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the website or any functionality thereof, or of any linked website, even if SARWT is expressly advised thereof.

8. SARWT makes no representations regarding the suitability of this website for any use whatsoever. If the User accesses this website from locations outside of South Africa, the User is responsible for compliance with all local laws. These terms and conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the laws of South Africa.

9. SARWT reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these terms and conditions at the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these terms and conditions, including such changes or updates.

10. Some areas of the website or content provided on or through the website may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to the User’s access or use of that area of the site or content. If there is a conflict or inconsistency between the terms of use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the website for specific content, the latter shall have precedence with respect to the User’s access and use of that area of the site or content.

11. The User agrees to indemnify and hold harmless SARWT, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of content that the User shares or the User’s  violation of the terms of use or any additional rules, guidelines or terms of use posted for a specific area of the website or content provided on or through the website, or the User’s violation or infringement of any third party rights.

12. Except where expressly provided otherwise, the website, and all content provided on or through the website, are provided on a “as is” and “as available” basis. SARWT expressly disclaims all warranties of any kind, whether express or implied.  SARWT makes no warranty that the website or content will meet the User’s requirements, will be available on an uninterrupted, timely, secure, or error-free basis, will be accurate or reliable or will meet the User’s expectations.  Any content accessed, downloaded or otherwise obtained on or through the use of the website is used at the User’s own discretion and risk. SARWT shall have no responsibility for any damage to the User’s computer system or loss of data that results from the download or use of content.  SARWT reserves the right to make changes or updates to, and monitor the use of, the website and content provided on or through the website at any time without notice.

13. In no event shall SARWT liable for any direct , indirect, incidental, special of consequential damages, or damages for loss of profits, revenue, data of use sustained by you of any third party, whether in an action, in contract or tort, arising from your access to, or use of the site or any content provided on or through the site.

14. Any reference to legal terminology on this website is not intended to serve as legal advice and should not be construed or relied upon as such, therefore SARWT cannot be held liable in this regard.

15. SARWT has no obligation to monitor the website or screen content that is shared on or through the website. However, SARWT reserves the right to review the website and content and to monitor all use of and activity on the website, and to remove or choose not to make available on or through the website any content at its sole discretion.

16. SARWT may, in its sole discretion, at any time discontinue providing or limit access to the website, any areas of the website or content provided on or through the website. The User agrees that SARWT may, in its sole discretion, at any time, terminate or limit the User’s access to or use of the website or any content. SARWT will terminate or limit the User’s access to or use of the website if, under appropriate circumstances, the User is determined to be a repeat infringer of third party copyright rights. The User agrees that SARWT shall not be liable to the User or any third-party for any termination or limitation of the User’s access to or use of the website or any content. Please refer to our FAQ section for our policy in this regard.

17. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions constitute the entire agreement between SARWT and the User with regard to the use of the content and this website.

 

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