Terms and Conditions
Welcome to Bergenthuin Law’s website. By accessing and using this website, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms and conditions, please do not use this website.
- DEFINiTIONS
“Bergenthuin Law” means Bergenthuin Law (Pty) Ltd, with South African company registration number 2023/102755/07), and a registered office at First Floor Constantia Emporium c/o Ladies Mile and Spaanschemat River Road, Constantia, Cape Town, 7806 a company duly incorporated in the Republic of South Africa in terms of relevant legislation.
“Website” means the website and online filing system and payment gateway accessed through the www.bergenthuin.com domain and includes any part or element thereof, as well as any other website, or website linked to it, of which Bergenthuin Law is the registered owner of the domain name or any website operated by Bergenthuin Law.
“User” means any person who enters or uses the website.
- Payment and Billing
Users agree to pay the specified fees for the selected legal services and products at the time of purchase. All payments are processed securely through our online payment gateway. Bergenthuin Law reserves the right to change pricing at any time, but such changes will not affect confirmed orders.
Bergenthuin Law utilizes the services of reputable third-party payment processors, namely PayPal and PayFast, to securely handle online transactions on their website. By using our website and engaging in any payment transactions, you acknowledge and agree that your financial information will be processed by these independent service providers.
Users are required to comply with the terms and conditions of use established by PayPal and PayFast, as applicable. These terms and conditions can be accessed on the respective websites of the payment processors. In the event of any conflict between the terms outlined herein and the terms of the payment processors, the latter shall prevail.
In the event of any issues, disputes, or concerns related to the processing of payments or any financial transactions, users agree that their recourse shall be directed to the respective customer support and dispute resolution mechanisms provided by PayPal (https://www.paypal.com) and PayFast (https://www.payfast.co.za), respectively. Bergenthuin Law shall not be held liable for any disputes arising from the use of the payment gateway services.
Bergenthuin Law is committed to maintaining the highest level of security for your financial information. However, the actual processing and handling of payment information are conducted by the third-party payment processors. Users acknowledge and agree that Bergenthuin Law does not have access to or store sensitive payment details such as credit card numbers.
Bergenthuin Law reserves the right to change or add additional payment processors in the future. Any such changes will be reflected in these terms and conditions.
Users agree to indemnify and hold Bergenthuin Law harmless from any claims, losses, liabilities, damages, expenses, and costs arising out of or in connection with any breach of these provisions, the terms and conditions of the payment processors, or any unauthorized use of the payment gateway.
- User Responsibilities
Users are responsible for providing accurate and complete information during the online form completion process set out on the website.
Bergenthuin Law is not liable for any delays or errors in any patent, registered design or trademark applications filed or processed on behalf of a user, resulting from inaccurate or delayed information provided by the user.
- Delivery of Services and Products
Upon successful payment, users will promptly receive confirmation and details regarding the delivery of the acquired legal services or products. While Bergenthuin Law endeavours to deliver services and products in a timely manner, unforeseen circumstances may lead to occasional delays.
It is crucial to note that Bergenthuin Law assumes no liability for missed deadlines or filing timelines unless such deadlines and timeframes have been expressly communicated to and acknowledged by Bergenthuin Law at the commencement of the process. Users bear exclusive responsibility for any failure to adhere to deadlines or timelines not properly communicated and acknowledged by Bergenthuin Law. Furthermore, Bergenthuin Law shall not be held accountable for unforeseen delays or those beyond its control, including actions and omissions of third parties such as the South African Companies and Intellectual Property Commission (CIPC) and other regulatory or government bodies responsible for handling or facilitating the processing of new intellectual property right applications.
- Refund and Cancellation Policy
Refunds will be considered on a case-by-case basis. Cancellations must be requested within a reasonable timeframe and may be subject to a cancellation fee. Services that have already been initiated by Bergenthuin Law or by another third-party, at the instance of Bergenthuin Law, may not be eligible for a refund.
- Disclaimer of Liability
Bergenthuin Law is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of the use or inability to use the website or the purchased legal services and products.
Bergenthuin Law does not make any warranties or representations that content and services available from the website will in all cases be true, correct, or free from any errors. Bergenthuin Law shall take all reasonable steps to ensure the quality and accuracy of content available from the website and encourage users to report incorrect and untrue information subject to the right of Bergenthuin Law to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website.
The website is supplied on an “as is” basis and has not been compiled to meet the user’s individual requirements. It is the responsibility of the user to satisfy himself or herself, prior to entering into this agreement with Bergenthuin Law, that the content available from and through the website meets the user’s individual requirements and is compatible with the user’s computer hardware and/or software.
The provision of any services or products via the website should not be regarded as any offer, undertaking or similar obligation on the part of Bergenthuin Law or any other organisation or entity granted access to the information as logged on the website to resolve any problem, complaint or query as logged on the website.
Bergenthuin Law does not make any warranties or representations that the website shall be always available. Users acknowledge that the website may be unavailable due to updates or other causes beyond the reasonable control of Bergenthuin Law, including, but not limited to virus infection, unauthorised access, power failure or other acts of God or acts of nature.
- ELECTRONIC TRANSACTIONS
Access to the services available from the Bergenthuin Law website is classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act 2002 (“ECT Act”) and therefore users have the rights detailed in Chapter 7 of the ECT Act and Bergenthuin Law has the duty to disclose the following information:
The full name and legal status of the Website owner: Bergenthuin Law (Pty) Ltd
Company Registration Number: 2023/102755/07
Physical and postal address, for receipt of legal service: First Floor Constantia Emporium c/o Ladies Mile and Spaanschemat River Road, Constantia, Cape Town, 7806
Telephone Number: +27 (0) 21 035 1400
Main business: Bergenthuin Law – a legal service provider.
The website address of Bergenthuin Law is: www.bergenthuin.com
The official e-mail address of the Bergenthuin Law website is: admin@bergenthuin.com
The costs associated with the access and use of the Website are as follows: Free
Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website.
Users may lodge complaints concerning the website at admin@bergenthuin.com . Users hereby assign the copyright in such complaints to Bergenthuin Law and understand that Bergenthuin Law may use, disclose, and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
- SECURITY
Bergenthuin Law shall take all reasonable steps to secure the content of the website and the information provided by and collected from users from unauthorised access and/or disclosure. However, Bergenthuin Law does not make any warranties or representations that content shall be 100% safe and secure.
Bergenthuin Law is under no legal duty to encrypt any content or communications from and to the Bergenthuin Law website and is also under no legal duty to provide digital authentication of any page on the Bergenthuin Law website.
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the website or the server and computer network or other device that support the website.
Notwithstanding criminal prosecution, any person who delivers any damaging code to the website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Bergenthuin Law harmless against any and all liability, damages and losses Bergenthuin Law and its partners / affiliates or other legitimate users of the website may suffer as a result of such damaging code.
Users may not develop, distribute, or use any device to breach or overcome the security measures of the website and Bergenthuin Law reserves the right to claim damages any and all persons concerned with a security failure or breach.
Any user who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Bergenthuin Law and its partners / affiliates and other legitimate users of the website.
- dispute resolution
These terms and conditions are governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.
Subject to urgent and/or interim relief, all disputes regarding access to the website, the inability to access the website, the content, services, and products available from the website; or these terms and conditions, shall be referred to arbitration in terms of the relevant arbitration legislation in place in South Africa from time to time and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final, and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and user.
- Intellectual Property
All content and materials on this website, including but not limited to text, images, logos, and designs, are the intellectual property of Bergenthuin Law and may not be reproduced, modified, or distributed without express written consent.
- Changes to Terms and Conditions
Bergenthuin Law reserves the right to modify or update these terms and conditions at any time without prior notice. It is the user’s responsibility to review these terms periodically.
Bergenthuin Law expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice: change these terms and conditions, change the content and/or services available from the website, discontinue any aspect of the website or service(s) available from the website, and/or change the software and hardware required to access and use the website.
By using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you have any questions or concerns, please contact Bergenthuin Law for clarification before proceeding with any purchase.