This is the website of Blackbeard Attorneys Incorporated (hereafter “BAI”).

The address of BAI for correspondence relating to this website is:
Postal: PO Box 637, Celtis Ridge, 0130
Physical: Unit B10, Heuwelsig Office Park, Corner of Spinetail and Seedcracker Streets, Centurion

All communications regarding this website should be addressed to anthony@blackbeardinc.co.za

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERM AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEB-SITE.

Copyright Notice

The contents of this website (www.blackbeardinc.co.za) are subject to copyright under the Berne Convention. Subject to what is said below, no part of these pages and documents may be reproduced, stored and transmitted in any form or by any means, other than for educational purposes or personal use, without prior consent from BAI.

Disclaimer

From time to time this website may feature content related to the law and legal developments. Such content is intended to provide general guidance only and should be regarded as a substitute for taking legal advice in relation to your particular circumstances and you sue it at your own risk. BAI accepts no responsibility or liability for damages arising from the use of the information. If legal advice is required on any issue, please consult a suitably qualified lawyer on any specific legal matter or if you should so choose, feel free to contact us.

Terms and Conditions for Access and Use

1. Introduction

1.1 These terms and conditions (‘the Terms and Conditions’) are binding on all persons that access the www.blackbeardinc.co.za (‘the website’) without qualification or exception. By entering the Website, the person accessing the Website (‘the User’) agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the user acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the Website.

1.2 Use of the Website may, in as much as same is legally allowed, be monitored, tracked and/or recorded. Anyone using this Website expressly consents to such monitoring, tracking and/or recoding and the User accepts the onus of providing or disproving, as the case may be, the validity of the monitoring, tracking and/or recording of his/her/its activities.

1.3 BAI may from time to time amend either in whole or in part, these Terms and Conditions without obtaining your prior consent. If you do not agree to such variation, your sole remedy shall be to terminate the access to the Website, services, content or uninstall the software if any. The User’s continued use of this Website shall constitute the User’s agreement to the amended Terms and Conditions.

1.4 In the event that any provision contained or expressly referred to in this agreement is held to be invalid under any applicable statute, rule of law or jurisprudence, as the case may be, it will to that extent be deemed omitted and it is the express agreement of the parties that the User will accept the burden and do all that he can do to ensure that effect is given to the express provisions and/or requirements for the parties having entered into this agreement.

1.5 It is the express agreement that the terms of this agreement have been negotiated and accordingly, the contra proferentem – rule shall not be applied in the interpretation of this agreement.

1.6 The words “including” and “in particular” are to be construed as being by way of illustration or emphasis only and are not to be construed as, nor shall they take effect as, limiting the generality of any a foregoing words. The eiusdem generis – rule shall accordingly not be applied in the interpretation of such general wording or such specific examples.

2. Intellectual Property

2.1 The contents of the Website are subject to copyright under the Berne Convention. Subject to what is said below, no part of these pages and documents may be reproduced, stored or transmitted in any form or by any means, other than for educational purposes or personal use, without prior consent from BAI.

2.2 The Website is owned by BAI and the User acknowledges that BAI or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the Website, including, without limitation, copyright, trademarks, patents, inventions, goodwill and trade secrets ("the Intellectual Property").

2.3 In addition, the works of authorship contained in the Website, including but not limited to all design, text, sound recordings and images are owned, except as otherwise expressly stated, by BAI.

3. Website Use

3.1 The User may not, without BAI's written prior consent, use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Intellectual Property or the Website's contents.

3.2 The User shall not infect the Website with viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties nor shall the User damage, interfere with or intercept any data or information contained on the Website.

3.3 Notwithstanding the fact BAI has taken reasonable care to ensure that the information on the Website is accurate and complete, access to the Website is made available for information purposes only. No content, information, statement or opinion on this Website should be construed as legal advice. If legal advice is required on any issue, the User is urged to consult a suitably qualified lawyer on any specific legal matter or if it should so chose, feel free to contact us.

3.4 BAI reserves the right to make any changes to the Website and/or its content and/or the services offered through the Website, at any time and without notice.

3.5. The Website may contain links to other unaffiliated websites and such links are provided solely as pointers to information on topics that may be useful to users of this Website. Since BAI has no control over the content on such unaffiliated websites, this does not imply any endorsement by BAI of, or responsibility for, the opinions, ideas, products, information or services offered at such sites or any representation regarding the content at such sites. BAI expressly disclaims any such endorsement or representation and the User accesses such websites at the User's own risk and discretion.

3.6 In addition to the above, the said third party websites may have a privacy policy or security practices different from this Website. As a consequence, it is important to read the policies of those sites before sharing your personal information.

3.7 The User may not link to this Website without BAI’s prior written consent.

4. No Warranties or Liabilities

4.1 The information published on this Website, including without limitation text, graphics and links are provided on an "as is" basis. BAI makes no representations or warranties of any kind, whether express or implied, as to the operation of this web site or the accuracy, correctness or completeness of the information included on this site.

4.2 BAI does not warrant that this Website will be, without limiting the generality of the following, error free or will meet any particular criteria of accuracy, completeness, reliability of information, performance or quality.

4.3 BAI makes no warranties, whether express or implied, in regard to the Website, its contents, accuracy or availability. Without limiting the aforesaid, BAI does not warrant that the Website or any files that may be downloaded from it are free of viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties.

4.4 As a consequence, the User assumes all responsibility and risk for the use of the Website. BAI shall not be liable for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not BAI has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.

4.5 The User hereby indemnifies BAI and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third party in relation to any act or omission by the User in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.

5. Privacy Policy

5.1. Certain information regarding the User can be obtained automatically as the User navigates through the Website. This includes, but is not necessarily limited to the User's internet protocol address, internet browsing software and domain. This assists BAI to manage the Website and provide functionality. BAI may use this information for internal purposes but will not provide it to any third parties.

5.2. The User may elect to provide BAI with the User's personal information. The User consents to BAI using such information for the purpose for which it is disclosed and BAI will not make it available to third parties without the User's consent, unless it (BAI) is compelled by law to do so.

6. Governing Law

6.1 The Terms and Conditions and the User's use of the Website shall be governed by and construed in accordance with the laws of the Republic of South Africa. The User irrevocably and unconditionally consents to the jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms and Conditions or the User's use of the Website, in particular the User consents to the jurisdiction of the North Gauteng High Court, irrespective of the value of or jurisdiction in which the cause of action or a portion thereof may have occurred.

6.2 Use of this Website will at all times be deemed to have occurred in Pretoria, South Africa, unless the contrary can be proven and the User accepts the onus of proving or disproving this assumption, as the case may be.

7. Violation and Waiver

7.1 Should the User violate these Terms and Conditions or any other rights which BAI may legally have, it (BAI) reserves the right to pursue any and all legal and equitable remedies against the User.

7.2 In the event that BAI elects not to enforce any right or provision contained or provided for in these Terms and Conditions, the User agrees that this election does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.

7.3 In the event that BAI is compelled to approach a competent Court, Tribunal or Forum, as the case may be and judgment/an order is made in favour of BAI, BAI shall be entitled to recover the legal costs it has incurred in obtaining such judgment/order on the attorney and client scale.