Louis Case Law

INTELLECTUAL PROPERTY
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The subscription gives the registered subscriber access to our content, not ownership.

1. The basics

You may not share your username and password.
You may not copy any of our summaries to make your own collections which are accessible to others.
You may not use any of our summaries in your own emails, circulars, brochures, websites or training material.

1. Introduction
We respect your privacy and take it very seriously. We are Spartan Case Law (Pty) Ltd (2021/833975/07). This policy is our plan to protect your personal information. It describes how we collect, use, disclose, and store your personal information.

2. Application
This policy applies to you when you visit our website or request our goods or services as a customer.

3. Personal information
3.1. Scope. Your personal information includes information we collect:

automatically when you visit our website;
accept on registration or submission;
get through a request; or
you provide voluntarily.

It excludes anonymous, de-identified, statistical, and public information.

3.2. Your obligations. You may only send us your personal information or someone else’s personal information if you have

their permission to do so.

3.3. Common examples. Common examples of the types of personal information which we may collect and process include your:

identifying information – such as your name, date of birth, or identification number of any kind;
contact information – such as your phone number or email address;
address information – such as your physical or postal address; or
demographic information – such as your gender or marital status.

3.4. Sensitive personal information. Depending on the goods or services that you require, we may also collect sensitive personal

information including your:

financial information – such as your bank account details;
sensitive demographic information – such as your race or ethnicity;
medical information – such as information about your physical or mental health;
sexual information – such as information about your sex life or sexual orientation;
criminal information – such as information about your commission or alleged commission of any offence or about any related legal proceedings;
employment information – including your membership of a trade union; and
beliefs – including your political or religious beliefs.

3.5 False pretences. You may not subscribe to our services while pretending to be an ordinary customer (typically legal practitioners, judicial officers, law students, in-house lawyers and legal advisors) when you truly intend to access our services to directly or indirectly compete with us. Further, your username and password are for your use only. If you fail to comply with this clause, then you are in material breach of the agreement and we reserve the right to terminate it immediately.

4. Acceptance and changes
4.1. Acceptance. You may not request any of our goods or services if you do not accept this policy or any changes to it.

4.2. Changes. We may change this policy at any time and will let you know of the changes on our website or by email. Following the

notification, the changed policy applies to you if you continue using our website or our goods or services.

5. Collection
5.1. Automatically through website. When you visit our website, we automatically collect your internet usage information

(including your IP address, browser details and usage information) through your browser, which we may use to display our

website correctly, track your activities on it, or for other necessary purposes.

5.2. On registration or submission. We may ask you to provide us with certain identifying information (including your first name,

surname, and email address) when you register on or otherwise submit information through our website for the first time.

5.3. Through a request. We ask you to provide us certain information when you request our goods or services.

5.4. Voluntarily. We may ask you to provide us with certain optional information voluntarily.

5.5. Consent to collection. We will get your consent to collect your personal information under applicable law when you provide us

with it.

5.6. Purpose for collection. We may process your information that you provide to us for the purposes that you indicated when you

agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other

personal information.

6. Use
6.1. Processing. We may process your personal information to fulfil our obligations to you.

6.2. Cookies. We may place small text files on your device when you visit our website that allow us to provide you with a

personalised experience by associating your personal information with your device. They let us remember your preferences,

allow third parties to provide services to you, and otherwise serve useful purposes for you. Your internet browser generally

accepts them automatically, but you can often change this setting or delete them manually. However, we will not be able to

provide you with access to certain aspects of our website where cookies are necessary if you do so. We have no access to or

control over any cookies that our business partners use on our website and they have their own privacy policies that govern

them.

6.3. Messages. We may use your identifying information to send you administrative and update messages about our website.

6.4. Promotional messages. We may also sometimes send you promotional messages, but you may choose to opt-out of them.

6.5. Targeted content. We may use your personal information to provide you with targeted content through our website in a

completely automated process.

7. Disclosure
7.1. Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you,

including with:

other companies or divisions within our group;
our contractors who help us meet our obligations to you, including those that help us understand your personal information; or
third parties as required by applicable law.

7.2. Honour this policy. We will require anyone that we share your personal information with to honour this policy whenever

possible in terms of applicable law.

7.3. Mandatory disclosure. We may disclose personal information to third parties if required for legal reasons, such as if required

by the relevant authorities or a court request.

7.4. Marketing purposes. We may disclose aggregate statistical information that we derive from your and other people’s personal

information to our advertisers or business partners.

7.5. Personnel. We may need to disclose personal information to our personnel to do their jobs but will not do so unnecessarily.

7.6. Change of ownership. We may assign our rights to the personal information we process to our new owners if our ownership

changes for any reason.

8. Storage
8.1. Access. You may ask us to provide you with a description of the personal information that we hold on you, correct or update it

or delete it (provided that we do not need it to fulfil our obligations to you or applicable law does not require us to keep it). We

will take all reasonable steps to verify your identity before doing so. We may charge a fee to recoup our costs associated with

this request if there is a cost to us associated with it and provided that applicable law allows us to do so. Please contact us with

your name and any other information needed to identify you correctly if you want access to information or want us to correct,

update or delete it.

8.2. Accuracy. We will do our best to keep your personal information that we collect accurate, complete, and up to date.

8.3. Participation. We may ask you to update your personal information from time to time but will take steps to verify your identity

to prevent unauthorised access when doing so.

8.4. Retention. We will only keep your personal information for as long as is necessary to fulfil our obligations to you unless you

have given us permission to keep it longer or we are otherwise legally allowed to do so.

8.5. Transfer. We may transfer your personal information outside of the country in which it was collected to a foreign country. You

consent to us processing your personal information in a foreign country with less stringent data protection laws than the

country in which it was collected.

9. General
9.1. Updating or removing. You may update or remove your personal information:

through our website or application; or
by contacting us.

9.2. Limitation. We are not responsible for anyone else’s privacy policies or practices.

9.3. Enquiries. Please contact us by email if you have any questions about this privacy policy or how we handle your personal

information. You can reach us at louis@louiscaselaw.com or on 084 277 9269.

1. Introduction
These are the general terms of the relationship between:

you – the website visitor, and
us – Spartan Case Law (Pty) Ltd (2021/833975/07) – the website owner.

They cover any use of the website. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms.

2. Definitions and interpretation
2.1. Definitions. In the agreement:

terms means the terms, consisting of:

these terms of use, and
any other relevant specific terms, policies, disclaimers, rules, and notices agreed to between the parties, (including any specific terms that may apply to a specific section or part of the website);

we, us, or our means our organisation, the owner of the website and includes our officers, agents, personnel, owners, co-

branders, and associates where the terms limit or exclude our liability; and

you or your means any visitor to this website, including any other person, website, business, or agent (including any virtual or

robotic agent) associated with the visitor.

2.2. Interpretation. If the meaning of the general terms conflicts with any other relevant specific terms, the specific terms will

apply. Specific terms, such as our terms of service or privacy policy apply to specific sections of the website or have been

specifically agreed between you and us.

3. Use of this website
3.1. Licence. We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any

reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way

these terms do not allow.

3.2. Breach. If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence,

block you from using the website, claim specific performance or damages against you, and take any other steps the law

allows, without affecting our rights.

3.3. Framing and linking. You may not frame this website or any of its pages. You may only link to the home page of this website.

You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that

you have any rights in our website or intellectual property, unless we have given you written permission to do so.

3.4. Virtual agents. You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain

any information from this website, unless we have given you permission to do so.

3.5 False pretenses. You may not subscribe to our services while pretending to be an ordinary customer (typically legal

practitioners, judicial officers, law students, legal advisors and in-house lawyers) when you truly intend to access our services

to directly or indirectly compete with us. Further, your username and password are for your use only. If you fail to comply

with this clause, then you are in material breach of the agreement and we reserve the right to terminate it immediately.

4. Capacity
You promise that you are entitled to visit this website and agree to the terms because you:

are at least 18 (or legally regarded as an adult), and have the legal right and capacity to do so; or
are not 18 yet but have permission from your parent (or legal guardian) to do so.

5. Accurate information
You promise that you will only give accurate information to us and this website.

6. Intellectual property
6.1. Ownership. Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights

under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in

us or a third-party licensor. All moral rights are reserved.

6.2. Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks, and no person may use them without our

permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective

owner.

6.3. Restrictions. Except as expressly allowed under the agreement, the website may not be:

modified or used to make derivative works;
rented, leased, loaned, sold or assigned;
reverse engineered or copied; or
reproduced or distributed.

7. Limits to our liability
7.1. Own risk. We provide the website “as is”. We do not give any express or implied warranties or make any other promise about

this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-

date, legally effective, or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing

content, or that you will have quiet or uninterrupted use of it.

7.2. Indemnity. You indemnify (promise to protect) us against any claim, demand, loss, damage, cost, or liability (including

reasonable attorneys’ fees) related to your access to or use of this website.

7.3. Faults. We will do our best to fix any fault in this website as soon as reasonably practical after we discover it. This promise is

the limit of our responsibility and liability for any fault on the website.

7.4. Direct damages limited. If the previous clause does not apply for any reason, our maximum liability to you for all claims for

direct damages is R100. This limit applies whether a claim is based on contract, delict (tort), or any other legal cause of action.

7.5. Indirect damages. We will never be responsible for any indirect or consequential damages or losses, even if we should have

foreseen them. These may include any loss of profit, loss of goodwill, loss of use, or damages related to lost or damaged data.

7.6. Other websites. We are not responsible for anyone else’s website.

8. General
8.1. Entire agreement. The terms are the entire agreement between the parties on the subject.

8.2. Changes to website. We may change or stop publishing this website without notice and will not be responsible for any

consequences.

8.3. Changes to terms. We may change the terms at any time by placing a notice on this website or updating this web page. If you

do not agree with the change, you must stop using this website or the changed terms will apply to you.

8.4. Facts about website. If we sign a letter confirming any fact related to the website, that letter is conclusive proof of its

contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had

at a particular time or date.

8.5. Waiver. We never waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our

rights against you.

8.6. Severability. Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms

continue as intended.

8.7. Law and jurisdiction. South African law and conditions (such as time and date) govern the terms. Only the South African

courts may decide any dispute about the terms.

Service

1. Introduction
We are Louis Case Law (Pty) Ltd (2021/833975/07), the service provider, and you are our customer under these terms. These are the general terms about our relationship with you. They cover any transactions where we provide services to you. A request contains the commercial terms of a specific transaction and incorporates these terms.

2. Agreement
This agreement consists of these terms of service and any requests or any other specific terms applicable to the services.

3. Duration
3.1. Commencement. These terms commence whenever you accept them and continue until terminated.

3.2. Automatic renewal. If request involves a subscription, this agreement will continue automatically from the end of the initial

term or subsequent automatic renewal period for an automatic renewal period equivalent to the initial term.

3.3. Renewal termination. Either party may terminate this agreement before the end of the initial term or subsequent automatic

renewal period by giving the other party at least 30 days prior written notice.

4. Requests
4.1. Placing requests. You place requests with us whenever you request or start using the services through the website or

application.

4.2. Capacity and authority. You promise that you have the legal capacity and authority to enter into the transaction.

4.3. Invitation to do business. Marketing is merely an invitation to do business and we only conclude this agreement when we

actually provide the services to you.

4.4. Cancellations. We may cancel any request, but we will refund any money you have paid if we do.

4.5. Time and place. We conclude this agreement when we accept the request and where we are domiciled.

4.6. Separate agreements. Each request is a separate agreement, but you breach all of them if you breach one.

5. Services
5.1. Licence. We grant you a limited licence to use the services for the duration of this agreement.

5.2. Breach. We may cancel your licence if you breach this agreement.

6. Online services
6.1. Trial. We may let you use the services for free during a trial period subject to certain conditions agreed between the parties in

writing.

6.2. Basis. We provide the online services to you on the following basis:

we give you a right to use them, but you may only use them according to these terms, and you may not transfer this right to anyone else;
you give us permission to monitor how you use them for security and stability purposes;
they may incorporate third-party software, which may have their own legal terms that you agree to by using them; and
you agree that our records are undisputed evidence of the services provided to you.

6.3. Access conditions. We will only provide online service access to you or your authorised users (where you are a juristic person)

on the conditions that you or each one of them will:

accurately provide us with any information that we ask for on registration or account creation;
create or have the necessary credentials (such as a username and password) assigned to them on registration or account creation;
look after their credentials and not give them to anyone else, interfere with or introduce any malicious software into the online services, or misuse the online services;
be responsible for any activity that happens under their account, even if someone else was actually acting under their credentials;
have the necessary infrastructure, equipment, and software to access the online services; and
abide by this agreement and any policies that we communicate to them in writing.

6.4. Availability. We will do our best to make the online services available all the time, except for scheduled and emergency

maintenance.

7. Your data
7.1. Ownership. You own all your data but give us a licence to use it to provide the services when you submit it through them.

7.2. Responsibility. We take the protection of your data very seriously and will always do everything in our power to protect it.

However, we are not responsible for any of your data stored on the online services, you provide it to us at your own risk, and

you indemnify us against any liability for it to the extent allowed by applicable law, including liability for information security,

unauthorised access, and third-party claims.

7.3. Location. Your data will remain wherever we place it initially unless we have to transfer it to another country to comply with our

obligations to you.

8. Intellectual property
8.1. Ownership. We or our third-party licensors own all proprietary rights in our services and we or they may prosecute you for any

violations of those rights.

8.2. Retention of rights. We own intellectual property rights in our technology, and you may not use those rights without our

permission. You do not acquire any rights in our technology if we use it in our performance under request.

8.3. Trademarks. Our trademarks are our property, and you may not use them without our permission. All other trademarks are

their respective owners’ property.

8.4. Restrictions. You may not change, hire out, reverse engineer, or copy the services without our permission.

9. Non-solicitation
You will not contract with any of our personnel who were involved in implementing or executing request during its duration or for

12 calendar months after its termination.

10. Our warranties
10.1. Service warranties. We warrant that we will:

employ enough trained personnel with the knowledge and expertise to provide the services;
use reasonable efforts consistent with prevailing industry standards to maintain the services; and
provide the services in accordance with all applicable laws.

10.2. General warranties. We warrant further that we:

have the legal right and authority to perform our obligations under this agreement; and
will not knowingly introduce any malicious software into your systems.

11. Disclaimer of warranties
11.1. Disclaimer. You use the services at your own risk, and we disclaim all other warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.

11.2. Exclusion of liability. Despite our warranties, we are not liable for any defects that your negligence, failure to follow our

instructions, or misuse causes.

12. Your warranties
12.1. Agreement warranties. You warrant that:

no one has induced you to enter into this agreement by any prior representations, warranties, or guarantees; and
you are not breaching of any other agreement by entering into this agreement.

12.2. Indemnity. You indemnify us against any claim for damages by any third party resulting from a breach of these warranties,

including all legal costs. Legal costs will be on an attorney and own client basis if permissible under applicable law.

13. Fees and payment
13.1. Payment. You will pay us the fees on the due date in the manner agreed between the parties in writing. You may not withhold

payment of any amount due to us for any reason.

13.2. Late payments. Additional surcharges and penalties agreed between the parties in writing apply to any payment we receive

after the due date, and you must pay them to us on demand. We may stop providing any services until you have paid all

amounts due.

13.3. Interest. Overdue amounts on any outstanding invoice will bear interest for our benefit from its due date until you pay it at

whichever rate is higher between:

2% above our bankers’ published prime overdraft rate (a signed letter from our bank manager will be proof of this rate); or
15%.

Interest will be payable on a claim for damages from when the damages were suffered.

13.4. Appropriation. We may appropriate any payment from you towards your indebtedness under this agreement.

13.5. Certificate. We may appoint an accountant to sign a certificate that will be proof of the amount due by you and the date on

which it is payable.

13.6. Tax. All fees exclude any tax (unless indicated otherwise), which you will pay where applicable in addition to the fees.

13.7. Payment profile. We may provide any registered credit bureau with information about your payment of amounts.

14. Limitation of liability
14.1. Direct damages limited. We are only liable to you for any direct damages that the services may cause up to the total amount of

fees that you have already paid us for them.

14.2. Indirect damages excluded. We are not liable for any other damages or losses that the services may cause you.

14.3. Your default. We are not liable for any damage or loss that your breach, misrepresentation, or mistake causes.

15. Breach and termination
15.1. Breach. If either party

does not fix a breach within seven days of receiving written notice from the other party;
breaches this agreement materially twice or more in six months;
is bankrupt or has some legal disability;
takes steps to or is closed down;
makes any settlement or arrangement with their creditors; or
fails to pay a court order against themselves for a significant amount within 21 days;

then the other party may:

make the party comply with this agreement; or
immediately cancel this agreement in writing and claim damages from the other party, including fees already due.

15.2. Suspension. We may immediate suspend your right to use the services if:

you try to gain unauthorised access to them;
we decide that your use poses a security threat to us or another user;
there is evidence of fraud on your account; or
we believe you are using them for an illegal purpose or in way that infringes a third party’s rights.

16. Termination
16.1. Termination for good cause. We may need to terminate this agreement immediately if we discontinue the services, believe

providing the services could burden or pose a risk to us, have to terminate to comply with a law, or providing the services has

become impractical. If we need to terminate, we will give you as much notice as possible in writing.

16.2. Termination for convenience. You may terminate this agreement or a specific request on at least 30 days written notice to us.

16.3. Duties on termination. We will stop providing the services, you will no longer be able to access them, and we may erase your

data on termination, cancellation, or expiry of this agreement.

17. Effect of termination
17.1. Acceleration. All amounts due to us for the services become due and payable on termination, cancellation, or expiry this

agreement.

17.2. Assistance. We may provide you with post termination assistance (such as data retrieval) subject to additional fees and

conditions but are not obliged to do so.

17.3. No expectation. This agreement does not create any expectation of continued service, agreement renewal, or any further

agreement between the parties.

18. General
18.1. Resolving disputes. Either party may inform the other in writing if there is a dispute. The parties must first try to negotiate to

end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.

18.2. Notices and domicile. The parties will send all notices to each other’s email addresses and choose their respective street

addresses as their service addresses for all legal documents. The parties may change either address on 14 calendar days

written notice to the other.

18.3. Beyond human control. Neither party is responsible for breach of this agreement caused by circumstances beyond human

control, but the other party may cancel this agreement on written notice to the other if the circumstances persist for more than

60 calendar days.

18.4. Assignment. You may not assign this agreement to anyone. We may assign it to any successor or purchaser of our business or

some of our assets.

18.5. Relationship. This agreement does not create an employment relationship between the parties.

18.6. Entire agreement. This agreement is the entire agreement between the parties on the subject.

18.7. Changes. Any changes will only apply to future services requests if we change this agreement.

18.8. Waiver. Any favour we may allow you will not affect any of our rights against you.

18.9. Severability. Any term that is invalid, unenforceable, or illegal may be removed from this agreement without affecting the rest

of it.

18.10. Governing law. South African law governs this agreement.

18.11. Jurisdiction. You consent to the jurisdiction of the magistrates’ court for civil disputes in Durban in respect of any action or

proceedings that we may bring against you in connection with this agreement, even if the action or proceedings would

otherwise be beyond its jurisdiction without prejudice to our right to institute any action in any other court having jurisdiction.