Terms and Conditions

Terms and Conditions


Terms and Conditions for the use of Advocates Online. Version 1.2


1. INTRODUCTION

1.1 Advocates Online provides an online platform and directory that connects attorneys with advocates for purposes of briefing them in a particular matter (“Booking” or collectively, the “Bookings”), which Bookings are accessible at www.advocatesonline.com, www.tokiso.com and any other websites through which Tokiso makes the Bookings available (collectively, the “Website”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).

1.2. All the terms and conditions recorded in this document govern any access and use of the Website and the Application (the/these “Terms and Conditions”).

1.3. By accessing and in anyway using the Website and/or Application, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must immediately exit the Website and/or the Application and you must not use the Website and/or the Application.

1.4. By accessing and in anyway using the Website and Application, you agree that all the waivers, consents, exclusions and limitations of liability included in these Terms and Conditions are reasonable. If you do not think they are reasonable, you must immediately exit the Website and/or the Application and you must not use the Website and/or the Application.

1.5. These Terms and Conditions are binding and enforceable against every person that accesses and in anyway uses the Website and/or Application (“you”, “your” or “user”), including without limitation each user who registers to use any of the services on the Website and Application as provided for below. By accessing and in anyway using the Website and/or Application and by registering on the Website and/or Application, as may be applicable, you acknowledge that you have read and agreed to be bound by all of these Terms and Conditions.

2. REGISTRATION ON THE WEBSITE

2.1. Exclusive ownership and management of the Website and Application resides with Tokiso Dispute Settlement (Pty) Ltd registration number 2001/004266/07 (“Tokiso”).

2.2. Only registered users may make use of any of the services on the Website and Application.

2.3. To qualify as a registered user, you are required to be –

2.3.1. an advocate admitted to practice in terms of the Admission of Advocates Act 74 of 1964 (as amended or substituted); or
2.3.2. an attorney admitted to practice in terms of the Attorneys Act 53 of 1979 (as amended or substituted).

2.4. By registering as a user, you agree and warrant in favour of Tokiso that you meet the requirements in 2.3.1 and 2.3.2 above.

2.5. You will be invited to register as a user by way of an email. On acceptance of the invitation to register as a user, you will be provided with a link to activate a unique username and password. Once you become a registered and activated user, you will need to use this unique username and password to access the Website and Application.

2.6. You agree and warrant that your username and password shall:

2.6.1. be used for personal use only; and
2.6.2. not be disclosed by you to any third party.

2.7. For security purposes you agree to enter the correct username and password whenever you are accessing the Website and/or the Application and/or making a Booking, failing which you will be denied access.

2.8. You agree to notify Advocates Online immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

2.9. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website or Application. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website, Application or the information contained herein, without the prior written consent from an authorised Advocates Online representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Website and Application).

3. SCOPE OF THE SERVICES

3.1. The scope of the services provided on the Website and Application are currently restricted to the booking of an advocate on a particular day by an attorney and a directory. This includes but is not limited to:

3.1.1. the details of registered and activated advocates are available to registered and activated attorneys and advocates, including but not limited to the province/s in which they work, their demographic profile, their qualifications and years as an advocate, their areas of speciality, the group to which they belong and their contact details;
3.1.2. the details of registered and activated attorneys available to registered and activated attorneys and advocates, including but not limited to the province/s in which they work, their demographic profile, their qualifications and years as an attorney, their areas of speciality, the law firm to which they belong and their contact details;
3.1.3. registered and activated advocate can update their diary and available dates;
3.1.4. registered and activated attorneys can search for registered and activated advocates using search functionalities including but not limited to the date, province and court, and send a brief request to an advocate;
3.1.5. a registered and activated advocate can receive and accept or decline brief requests;
3.1.6. a registered and activated attorney and an activated advocate can see each other’s profile and contact details during a search and after a Booking is made.

3.2. Advocates Online may supplement, amend or update the scope of the services provided on the Website and Application from time to time by way of updates sent to its registered users, subject to 3.3 below.

3.3. The Website and Application does not intend to replace or supplement the briefing system provided for in the Uniform Rules of Professional Conduct of the General Council of the Bar or any other institution which has rules that govern the briefing of advocates. The Website and Application does not –

3.3.1. provide any rules in relation to briefing of advocates;
3.3.2. attempt to regulate the briefing or payment of advocates; or
3.3.3. provide for briefing documents or payment processes between an attorney and advocate.

4. NO ENDORSEMENT

4.1. Tokiso does not endorse any attorney or advocate on the Website and Application.

4.2. Any references in the Website, Application, Booking process or any services provided by Tokiso or Advocates Online being “requested” or “accepted” (or similar language) only indicate that the user has completed a relevant step in that process, and does not represent anything else. Any such description is not an endorsement, warranty, representation, certification or guarantee by Tokiso about any information provided or any user, including but not limited to the user’s identity, qualifications, experience, and whether the user is trustworthy or suitable. Instead, any such information or description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Website and Application. Tokiso therefore recommends that you always exercise due diligence and care when sending a brief request or accepting a brief. Tokiso is not in anyway responsible or liable for any damage or harm resulting from your use of its Website, Application and/or from your interactions with other users.

4.3. By using the Website, Application, Booking process or any services provided by Tokiso, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm. You agree not to attempt to impose any liability on or seek any legal remedy from Tokiso with respect to such actions or omissions.

5. RESTRICTIONS ON THE USE OF THIS WEBSITE

5.1. As a user of the Website and/or Application, you will be able to access and see information about advocates or attorneys.

5.2. The Website and Application provides a Booking service and where a Booking is confirmed by an advocate this constitutes a formal brief to the advocate by the attorney. You waive any liability on the part of Tokiso for –

5.2.1. any cancellation of a brief;
5.2.2. any incorrect information provided by you, or another user;
5.2.3. any non-payment of an advocate by an attorney;
5.2.4. the Website and/or Application not functioning or not being available; and
5.2.5. any unforeseen consequence to either party caused by the use of the Website and/or Application.

5.3. You agree as a user not to share any information accessed on the Website and/or Application, and in particular the information of other users, with any third party.

5.4. You must not use the Website and/or Application in any way that causes, or may cause, damage to the Website and/or Application or impairment of the availability or accessibility of the Website and/or Application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

5.5. You may not use the Website and/or Application to distribute material which is defamatory, offensive, discriminatory, contains or amounts to hate speech or is otherwise unlawful.

5.6. You may not in any way display, publish, copy, print, post or otherwise use the Website, Application and/or the information contained therein without the express prior written consent of an authorised Tokiso representative.

5.7. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website and/or Application without the express prior written consent of an authorised Tokiso representative.

5.8. Tokiso reserves the right to restrict any access to or use of the Website and Application at Tokiso’s sole discretion.

5.9. If Tokiso provides you with a user ID and password to enable you to access restricted areas of the Website, Application or other content or services, you must ensure that the user ID and password are kept confidential and may not be shared with any other person without the express prior written consent of an authorised Tokiso representative.

5.10. Tokiso may disable your user ID and password in Tokiso’s sole discretion without notice or explanation.

5.11. Tokiso makes no representations or warranties in relation to this Website, Application or the services, information and materials provided on this website.

5.12. Without limiting the generality of the foregoing, Tokiso does not warrant that:

5.12.1. the Website and/or Application will be constantly available, or available at all; or
5.12.2. the information on the Website and/or Application is complete, true, accurate or not misleading.

5.13. Nothing on the Website and/or Application constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriate professional.

6. COSTS

6.1. Tokiso does not currently charge for use of the website .

6.2. Tokiso reserves the right to introduce a cost for the website and/or Application. Tokiso shall give you at least one month’s notice before introducing such costs.

7. INTELLECTUAL PROPERTY OF TOKISO

7.1. Unless otherwise stated, Tokiso owns the intellectual property rights in the Website, Application and any material and services provided on the Website and/or Application. All these intellectual property rights are reserved.

7.2. All trademarks, service marks, logos and trade names of Tokiso used on the Website and/or Application are trademarks or registered trademarks of Tokiso.

7.3. You may view and use the information and services provided on the Website and/or Application, and use the Booking system, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

7.4. You must not:

7.4.1. use the material from the Website and/or Application for booking an advocate directly without using the Website and/or Application, unless with the express prior written consent of an authorised Tokiso representative.prior to such use;
7.4.2. redistribute material from the Website and/or Application to another person;
7.4.3. republish material from the Website and/or Application (including republication on another website);
7.4.4. sell, rent or sub-license material from the Website and/or Application;
7.4.5. show any material from the Website and/or Application in public;
7.4.6. reproduce, duplicate, copy or otherwise exploit material on the Website and/or Application for any commercial purpose; and/or
7.4.7. redistribute material from the Website and/or Application except for content specifically and expressly made available for redistribution.

7.5. Where content is specifically made available for redistribution, it may only be redistributed for purposes of finalising your Booking through the Website and/or Application.

8. PRIVACY POLICY AND USE OF PERSONAL INFORMATION

8.1. Tokiso respects your privacy and will take reasonable measures to protect it, as more fully detailed below.

8.2. Should you decide to register as a user on the Website and/or Application, you may be required to provide Tokiso with personal information which includes but is not limited to your –

8.2.1. name and surname;
8.2.2. qualifications;
8.2.3. experience;
8.2.4. specialities;
8.2.5. race, gender and disability;
8.2.6. email address;
8.2.7. physical address;
8.2.8. telephone and mobile number; and
8.2.9. your date of birth.

8.3. Should your personal information change, please inform Tokiso and provide Tokiso with updates to your personal information as soon as reasonably possible to enable Tokiso to update your personal information.

8.4. You may choose to provide additional personal information to Tokiso, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

8.5. Subject to clause 8.6 below, Tokiso will not, without your express consent:

8.5.1. use your personal information for any purpose other than as set out below:

8.5.1.1. in relation to administration of Bookings to completion;
8.5.1.2. to contact you regarding current or new service offerings (unless you have opted out from receiving marketing material from us);
8.5.1.3. to inform you of new services and/or features and special offers offered by us or any of our divisions and/or partners; and
8.5.1.4. to improve your experience on the Website and/or Application by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; and/or

8.5.2. disclose your personal information to any third party other than as set out below:

8.5.2.1. to other registered and activated users on the Website and/or Application who have agreed to these Terms and Conditions;
8.5.2.2. to Tokiso employees and/or third party service providers who assist Tokiso to interact with you via the Website, email or any other method, for the booking and administering the Booking to finalisation, and thus need to know your personal information in order to assist Tokiso to communicate with you properly and efficiently;
8.5.2.3. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material);
8.5.2.4. to Tokiso’s suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Bookings you have made which requires their involvement; and
8.5.2.5. to any Third Party for purposes of sending you an invoice for any services booked from such Third Party, which disclosed information will be limited to your email address.

8.6. Notwithstanding anything contained in these Terms and Conditions, Tokiso is entitled to use and/or disclose your personal information if such use and/or disclosure is required in order to comply with any applicable law, order of court or legal process served on Tokiso, or to protect and defend Tokiso’s rights or property.

8.7. Tokiso will ensure that all our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

8.8. Tokiso will –

8.8.1. treat your personal information as confidential;
8.8.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
8.8.3. provide you with access to your personal information to view and/or update personal details;
8.8.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
8.8.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
8.8.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control.

8.9. Tokiso will not retain your personal information longer than the period for which it was originally needed, unless it is required by law to do so, or you consent to it retaining such information for a longer period.

8.10. Tokiso undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms and Conditions, unless they are compelled to do so by law. In particular, in the event of a fraud, Tokiso reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

8.11. Whilst Tokiso will do all things reasonably necessary to protect your rights of privacy, Tokiso cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in its possession, made by anyone who is not subject to Tokiso’s control, unless such disclosure is as a result of Tokiso’s gross negligence.

8.12. If you disclose your personal information to a party, such as an entity which operates a website linked to this Website and/or Application or anyone other than Tokiso, Tokiso shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to that party. This is because Tokiso does not regulate or control how that party uses your personal information. You should always ensure that you read the privacy policy of any such party.

8.13. The Website and Application makes use of “Cookies” to automatically collect information and data through the standard operation of the Internet servers. Cookies are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by Cookies is not used to personally identify you. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookies feature. Please note that Cookies may be necessary to provide you with certain features available on the Website and Application, and thus if you disable the Cookies on your browser you may not be able to use those features, and your access to the Website and Application will therefore be limited. If you do accept a Cookies, you thereby consent to Tokiso’s use of any personal information collected by it using Cookies subject to the provisions of this clause 8.13.

8.14. Notwithstanding anything contained herein, all users agree that Tokiso may share the following information regarding advocates and attorneys registered on the Website and/or Application with the Bar Council and/or the Law Society that has jurisdiction in the province such advocates and/or attorneys practice:

8.14.1. name and surname;
8.14.2. qualifications;
8.14.3. experience;
8.14.4. specialities;
8.14.5. race, gender and disability;
8.14.6. email address;
8.14.7. physical address;
8.14.8. telephone and mobile number.

8.15. Notwithstanding anything contained herein, all users agree that Tokiso shall be entitled to share with interested parties and to publish statistical information drawn from the Website and Application. This includes but is not limited to statistics on the:

8.15.1. number of briefs issued by province and nationally;
8.15.2. types of briefs issued provincially and nationally;
8.15.3. briefs issued by race, gender and/or disability nationally and provincially;
8.15.4. briefs issued in the different courts;
8.15.5. the rating of advocates and attorneys, including statistical information on such ratings;

8.16. Tokiso shall not share or publish this information or statistics on individual users in a manner that could disclose the identity of a user.

8.17. Tokiso shall comply with the provisions of The Protection of Personal Information Act, Number 4 of 2013 (“POPI”) as amended or substituted, to the extent applicable and to the extent that it has not already complied in terms of these Terms and Conditions, but only when and if POPI comes into effect and subject to the grace period provided for therein.

9. ELECTRONIC COMMUNICATIONS

9.1. When you visit the Website, use the Application or send emails to Tokiso, you consent to receiving communications from Tokiso or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 8 above. This includes but is no limited to emails and sms’s.

9.2. By registering on the Website or Application, you commit to having a working smartphone which is accessed daily for the Application, emails and sms’s.

10. DISCLAIMER

10.1. The use of the Website and Application is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website and Application or reliance on any information on the Website and Application.

10.2. The Website, Application and services provided by Tokiso are intended to be used to facilitate the booking of advocates by attorneys. Tokiso cannot and does not control the content contained in any of the profiles of attorneys and advocates. Tokiso is not responsible for and disclaims any and all liability related to any and all profiles of advocates. Accordingly, any Bookings will be made or accepted at the user’s own risk.

10.3. Whilst Tokiso takes reasonable measures to ensure that the content of the Website and Application is accurate and complete, Tokiso makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website and Application, or as to the accuracy, completeness or reliability of any information on the Website and Application.

10.4. You understand that it is your responsibility to ensure that you use the Booking system on the Website and Application correctly.

10.5. Tokiso disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or any use of the Website, Application and/or any content therein unless otherwise provided by law. In addition you waive any claim against Tokiso’s directors, officers, employees, subsidiaries, assigns and sub-contractors (or any of their successors) in respect of any losses you may suffer in connection with the Website and/or Application.

10.6. These limitations of liability apply even if Tokiso has been expressly advised of the potential loss.

10.7. Any views or statements made or expressed on the Website and Application are not necessarily the views of Tokiso, its directors, employees and/or agents.

10.8. Tokiso gives no representations or warranties, express or implied, that the Website and/or Application provides for your needs. It is the obligation of the user to ensure that all his/her/its process requirements are met when using the Website and/or Application.

10.9. Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Tokiso’s liability in respect of any:

10.9.1. death or personal injury caused by Tokiso’s gross negligence;
10.9.2. fraud or fraudulent misrepresentation on the part of Tokiso; or
10.9.3. a matter which would be illegal or unlawful to Tokiso to exclude or limit, or to attempt or purport to exclude or limit, its liability.

11. INDEMNITY

You hereby indemnify Tokiso and undertake to keep Tokiso indemnified against any claims, losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Tokiso to a third party in settlement of a claim or dispute on the advice of Tokiso’s legal advisers) demanded from, incurred or suffered by Tokiso arising out of any breach by you of any provision in these Terms and Conditions.

12. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Tokiso’s other rights in these Terms and Conditions, if you breach these Terms and Conditions in any way, Tokiso may take such action as Tokiso deems appropriate to deal with the breach, including suspending your access to and/or use of the Website and Application, prohibiting you from accessing and/or using the Website and Application, blocking computers using your IP address from accessing the Website and Application, contacting your internet service provider to request that they block your access to the Website and Application and/or instituting legal proceedings against you.

13. VARIATION

13.1. Tokiso reserves the right, at its sole discretion, to modify the Website, Application and/or the services it provides or to vary (either by way of deletions or additions) these Terms and Conditions, including the fees, at any time and without prior notice.

13.2. Tokiso shall post any such variations to these Terms and Conditions on the Website or via the Application and the varied Terms and Conditions shall apply to the use of the Website and Application from the date of such publication.

13.3. Please check the Website and Application regularly to ensure you are familiar with the current version of these Terms and Conditions.

13.4. Your continued access or use of the Website, Application or the services provided by Tokiso will constitute acceptance of any variation to these Terms and Conditions. If the varied Terms and Conditions contain material changes applicable to users (by decreasing their rights or increasing their responsibilities), Tokiso will provide such users with notice prior to the changes taking effect. If such users do not deregister they shall be deemed to have accepted these variations.

14. TRANSFER

14.1. Tokiso may transfer, assign, cede, sub-contract or otherwise deal with Tokiso’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

14.2. You may not transfer, assign, cede, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

15. SEVERABILITY

15.1. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. ENTIRE AGREEMENT

Subject to any variations or additions to these Terms and Conditions as provided for herein, these Terms and Conditions, constitute the entire agreement between you and Tokiso in relation to your access to and/or use of the Website and Application, and supersedes all previous agreements in respect of your access to and/or use of this website.

17. LAW AND JURISDICTION

These Terms and Conditions will be governed by and interpreted in accordance with South African law.

18. DISPUTE RESOLUTION

18.1. Should any dispute arise in regard to any matter arising out of these Terms and Conditions, that dispute may be submitted to and decided by arbitration, by way of a written referral to arbitration by any party to these Terms and Conditions on written notice to the other party to the dispute (the “referral to arbitration”).

18.2. Such arbitration will be held:

18.2.1. at Johannesburg; and
18.2.2. will be arbitrated in terms of Tokiso’s dispute resolution rules applicable at the time the dispute arises.

18.3. The decision of the arbitrator may be made an order of any Court of competent jurisdiction and the parties have the right to appeal the arbitrator’s award in any Court of competent jurisdiction.

18.4. The arbitrator will have the fullest and freest discretion with regarding to the proceedings, and his/her award shall be binding on the parties to the dispute.

18.5. The parties to these Terms and Conditions consent to any dispute between them being determined as provided for in this clause.

18.6. This clause shall not preclude either party from obtaining interim relief on an urgent basis from a court of competent jurisdiction.

18.7. Notwithstanding any dispute, which may exist between the parties and be subject to resolution in accordance with the aforegoing, neither party shall, pending the outcome of the dispute, delay the provision of any of their obligations in accordance with these Terms and Conditions.

18.8. Any referral to arbitration in terms of these terms and conditions will constitute service of process in terms of the Prescription Act 68 of 1969 (as amended) and shall constitute an interruption of the running of prescription in terms of that Act, by agreement between the parties.

19. FORCE MAJEURE

In the event of Tokiso’s performance in terms of these Terms and Conditions becoming impossible as a result of a force majeure (including all acts or events that are not controllable or are unpredictable), then Tokiso may elect to be released from some or all of its obligations in terms of these Terms and Conditions on notice to all of its registered users. In the event of a force majeure, Tokiso shall not in any way be liable to anyone for any delay(s) or failure to perform its obligations in terms of these Terms and Conditions.

20. TOKISO’S DETAILS

20.1. The full name of Tokiso is Tokiso Dispute Settlement (Pty) Ltd.

20.2. Tokiso is a proprietary limited company registered in terms of South African laws. Tokiso’s company registration number is 2001/004266/07.

20.3. Tokiso’s tax number is 9622088145 and its VAT number is 4850192552. Tokiso can provide a tax clearance certificate on request at info@advocatesonline.com.

20.4. Tokiso’s registered address is Dunkeld Office Park, 6 North Road, Dunkeld West.

20.5. Tokiso welcomes any constructive feedback and comment.

20.6. If you wish to provide any constructive feedback and comment or request further information you can contact Tokiso by email at info@advocatesonline.com.