Terms & Conditions of Use
Agreement with You
We encourage you to read these Terms and Conditions carefully, and to contact us if you have any questions. By using our services or registering for a course, you agree to be bound by, and to abide by, these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions or are not able to enter into a binding agreement, then unfortunately you may not register for a course/program or use our services.
Welcome to Legally Law!
This Agreement ("Terms and Conditions") sets out the Terms and Conditions and conditions that govern your use of Legally Law's products and services (such as website services and course content), as well as your registration for any short course or other program ("Course") offered by Legally Law (as owned and operated by Legally Law (Pty) Ltd. These Terms and Conditions can also be seen as your comprehensive Student Handbook, information source and rulebook. We trust that you find this information helpful.
1. Each of our Courses is delivered in collaboration with the Legal Practice Council, The Legal Practice Act 28 of 2014 and the Rules and Regulations to the Legal Practice Act and Legally Law's Website Terms & Conditions. Legally Law Website Terms and Conditions of Use wording and phrases used in course delivery may differ depending on the rules and standards for each course offered. Accordingly, the following words and phrases may be used interchangeably in these Terms and Conditions, as well as in the Online Portales through which Courses are delivered:
"participant", "student" and "learner";
"course material", "course content" and "program material"; and
"Tutor" and "Lecturer".
2. Although all these Terms and Conditions are important, please pay particular attention to any Terms and Conditions that are emphasised in "bold" text.
4. If your participation in a course is being paid for by a third party (such as your employer), then you will be bound by all provisions in these Terms and Conditions (including payment provisions), however we may enter into a separate agreement with your employer to govern payment for the course on your behalf, as well as to govern the receipt of certain information in relation to your completion of the course. Although we accept payment from a third party for payment of your course/s, you remain liable for the settlement of any outstanding monies due to Legally Law.
5. Tax rebates and employer compensation: Please note that the courses offered by Legally Law and the legal practice training courses are presented in collaboration with the Legal Practice Council accreditation guidelines. Furthermore, the administration of these courses are managed by Legally Law, which may not be an "educational institution" for tax purposes. If your employer offers compensation for educational courses, it is your responsibility to check with them if this course meets their requirements for compensation. Similarly, it is your responsibility to establish if these courses will qualify for a tax rebate. Legally Law will not issue or complete any tax forms.
6. Accessing Legally Law
6.1 Acceptance: By clicking on the "Agree" button (or any other button for this purpose) when signing up for a course, you agree to be bound by these "Terms and Conditions", which include, by reference, the Policies.
6.3 License: Subject to these Terms and Conditions, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products, including all services associated with our courses, and the Online Portal through which course content is accessed.
6.4 Suitability of Course: Before registering for any course, you are responsible for satisfying yourself as to the relevance and suitability of the course for your individual requirements, through consideration of the information supplied through our Websites, and asking questions, if necessary.
6.5 Commencement of Course: You will receive confirmation of your registration for a course, and be allowed access to the Online Portal, once you have made the required minimum payment for the course. There may also be a delay of access to the Online Portal until you are formally enrolled in our records, or until the course commencement date.
6.6 Minors: If you are under the age of 18, you must obtain the written consent and assistance of your parent or legal guardian to enter into these Terms and Conditions or register for a course, and this registration would need to be separately managed through our Registrar office by arrangement to ensure compliance with all applicable legal requirements.
6.7 Accessibility statement: Legally Law is committed to providing an Online Portal that is accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Website and Online Portal for all our students, including those with disabilities.
6.8 Accessibility requests: If you experience any difficulty in accessing any aspect of the Website or Online Portal and would like to know more about our accessibility accommodations, please don't hesitate to contact our Administrator by email at firstname.lastname@example.org. Legally Law reviews all requests for disability-related accessibility accommodations and is resolved to taking commercially reasonable steps to extend the Online Portal' functionality to accommodate all our students.
7. Course requirements
7.1 Registration online: Students can register for courses online through the links available on our website.
7.2 Basic requirements: In order to complete a course, you will need a current email account and access to a computer (or any other digital device e.g. smart phone, tablet etc.) and the internet. You are responsible for your your own data to access the course material. You should be familiar with using a computer and accessing the internet, as you may need to be able to read documents in PDF format, view Microsoft PowerPoint presentations in PDF format, and read and create documents in Microsoft Word. In addition, you will need to access YouTube to view the video lectures, resources and activities available in each course module.
7.3 Browser requirements: We recommend that you use an internet browser that you are comfortable with when accessing the Online Portal. However, it is your responsibility to establish that you are able to access the Websites and course content.
7.4 Additional requirements: Certain courses may require additional software and resources. These additional software and resource requirements will be communicated to students upon registration and/or at the beginning of the course. Please note that Google and You Tube may be used in our course delivery, and if these services are blocked by your system, you may have difficulty in accessing course content. We strongly recommend that you check with us before registering for a course if you have any concerns about this affecting your experience with the Online Portal.
7.5 Identification: During the course presentation, you will be required to verify your identity with an official identity document, which reflects the name provided upon registration, for authentication and record purposes. Acceptable forms of identification include an identity document (national ID card), passport, government-issued driver's license. Legally Law may make use of a third-party identity verification service. Non-submission of valid identification in accordance with standard verification processes will result in your certificate of compliance being withheld upon completing a course successfully. If you undergo a name change during the presentation of a course, you will be required to communicate this to Legally Law, who will advise you on the process to be followed. The name provided by you in the document that you have submitted will be the one that appears on any certificate that may be issued to you on successful completion of a course. Online presentations are also by Legally Law and course attendance is monitored.
7.6 Disclaimer: You are obliged to source and obtain access to the necessary software and resources required for course completion at your own cost, and we won't be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources unless expressly stated otherwise, these are simply programs chosen for their global use patterns and effectiveness for the course outcomes. We may change the course requirements for a particular course at any time by advising you through the Online Portal or by email to your chosen email address.
7.7 Records: Legally Law shall have discretion to request that we deny your registration for a course, remove you from that course, suspend your activity on that course, or withhold your certificate of completion upon course completion, on the basis of written reasons related to outstanding fees owing to Legally Law, misconduct or other lawful impediment.
8. Course delivery
8.1 Relationship with Partners: All courses are designed and developed in collaboration with the relevant Partner. The Partner may appear in the course videos. However, the delivery of the course is administered by Legally Law. This includes all members of the Legally Law Course Team.
8.2 Language: English is the language of instruction and administration for all Legally Law courses. All coursework that is required for assessment purposes must be written in English. This includes posts made on the discussion forum.
8.3 Online Portal: Each course consists of a number of modules delivered over a specified period through the Online Portal and / or in contact sessions, accessible using the "Online Portal" website link provided with your registration. All Course-related documentation is provided in electronic format and can be accessed through the Online Portal.
8.4 Communications: You may receive communication by telephone, mobile phone, email or text message from Legally Law representatives for course administration and related purposes, including reminders of assignments and payments due by you, or other information related to your registration or these Terms and Conditions. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to course administration, at any time, through the supplied opt-out mechanism).
8.5 Access to Online Portal: Upon your final enrolment for a course, a profile will be set up for you in the Online Portal (or, if you already have a profile, you will use your existing profile for the new course). If you are suspended from participation in a course (for non-payment of fees or any other valid reason), we may suspend access to your profile on the Online Portal. Please note that there may be some time delay between registration and enrolment. Access to a course presentation and Online Portal may be limited to 30 days from the closure date.
8.6 Permitted use: Only students who are registered for a course may participate in that course. You may not divulge your username or password to any other person, may not permit any other person to participate in the course on your behalf, and may not impersonate any other person in dealing with Legally Law or access the Online Portal using another user's username and password. If you forget your username or password, we will only take steps that we regard as being secure to ensure that you regain access to your profile.
8.7 Prohibited use: You are prohibited from doing the following:
8.7.1 Making available copies of the course content on a network server or web server for use by others.
8.7.2 Using, displaying or otherwise making available the course content, or any other materials, in an electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, or by any other means.
8.7.3 Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms and Conditions.
8.7.4 Reverse engineering, decompiling, or disassembling any software that is contained within course content or on the Online Portal.
8.7.5 Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the course content.
8.8 Your responsibility: You agree that you will contact us immediately if you experience any unauthorised use of your profile details. You accept that you are responsible for the consequences of your use of your profile in the Online Portal, and for maintaining it and all information on it. We do take security seriously, but as the user, you accept all risks of any unauthorised access that could occur regarding your information.
8.9 Access disputes: If there is a dispute as to who has the right to operate a profile in the Online Portal, we may deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
8.10 Platform capability: The Online Portal may not be fully compatible with mobile devices, including smart phones and tablets. In order to access and participate effectively in the Online Portal, you may require access to a desktop computer or a laptop computer. You will be required to meet the cost of internet access yourself and of any upgrades required to your computer or mobile device.
8.11 External websites: Legally Law is not responsible for technical support for any external websites. Courses that require you to use external websites do so to achieve the best learning outcomes. If you have any queries relating to external websites, you are required to contact the support services of the relevant websites directly (although you may request assistance from your Administrator through the Online Portal). Legally Law will not be liable for any costs, claims or damages that you may suffer as a result of your use of, or failure to access, any external website.
8.12 Videos: Videos are provided in the majority of course modules. These videos act as tutorials and lectures for the topics covered in the specific modules and are compulsory unless otherwise stipulated. Videos are made accessible through the Legally Law YouTube Channel with a link from the Online Portal. If you are using a slower internet connection, then attempting to view these videos may be difficult.
8.13 Lecturers: Your primary contacts during a course presentation will be your Legally Law Lecturers:
8.13.1 Lecturers will ensure that you have access to course materials and are supported and well informed about course actions during the course and will be available during office hours by email and the discussion forum in the Online Portal.
8.13.2 The Lecturer reserves the right to make telephonic contact with a student at his / her own discretion.
8.14 Head Lecturer / Head Learning Facilitator and Learning Facilitators: The Head Lecturer and Lecturers provide guidance on course content and academic-related queries. Interaction with the Head Lecturer and Lecturers are performed only on the discussion forum in the Online Portal. Head Lecturers and Lecturers will not be available for queries by telephone and will respond to queries by email or on the discussion forum on such days of the week and during such times as stipulated on the Online Portal.
8.15 Legal Practice Council: A selection of our courses are a requirement by the Legal Practice Council. However, unless otherwise stipulated, these courses are not accredited by that institution. Nothing in these Terms and Conditions establishes more than a very limited relationship between you and any educational institution with which we collaborate or entitles you to use the resources of that educational institution beyond participation in the course, unless expressly stated otherwise in relation to a particular course.
9. Course assessment
9.1 General: All courses are based on continuous assessment through assignments and practical assessments, unless stipulated otherwise for a specific course.
9.2 Modules: Modules may include assignments and practical assessments or any combination thereof that count towards the final course result. Your assignments and practical assessments will be assessed within an allocated time period. Any queries relating to your previous assignment that will affect the submission of your next assignment should be asked on the Online Portal discussion forum.
9.3 Assignment submission: Assignments are due to be submitted on the date and time as indicated in the course calendar or as otherwise indicated by your Lecturer. You will be given sufficient time to complete and submit assignments. If you are not able to meet an assignment deadline, you are required to request an extension in line with the process outlined in the paragraph below.
9.4 Late submission of assignments: If you wish to apply for an assignment extension you will be required to make this request by email to the course Lecturer.
9.4.1 The number of extension requests during the Course is limited to 1 extension per submission and may not be applied to more than 50% of the total number of graded assessments for the course. Requests will be automatically granted under the following conditions:
188.8.131.52 The duration of extension requested is no longer than 48 hours;
184.108.40.206 You have not requested an extension for the same assessment already; and
220.127.116.11 You are under the extension limit.
18.104.22.168 You have had a sudden medical emergency. You must submit a medical report / note.
22.214.171.124 You have had death within your immediate family. You must submit a death / funeral notice.
9.4.2 All requests that don't meet these conditions will be decided at the discretion of the Head Lecturer.
9.5 Holidays and work trips: Allowances for late submission of assignments may not be made if you are away on holiday or on a work trip. The course dates are clearly provided online, and it is your responsibility to ensure that you are able to complete the course by submitting assignments on time.
9.6 Assignment rewrites: Rewrites of assignments are not permitted. Courses are based on continuous assessment and because contextual feedback is provided after each assignment, rewrites provide an unfair advantage.
9.7 Assignment re-marks: For graded courses you may request, in writing, a re-mark of an assignment at any stage of the course. However, no re-marks will be considered after the final results have been released. Please note that re-marks may result in an increase, decrease or no change to your mark. The cost of an assignment re-mark is available on request. A re-mark must be requested in writing to your Head Lecturer, and the re-mark fee paid, before final results have been released for the course.
9.8 Final results: Your final result or completion status may be subject to a moderation process. If you have outstanding fees or amounts owing, your final result will be withheld until such time as your fees have been settled in full. If you are dissatisfied with your academic standing (final result for the course) you are within your rights to submit an appeal within 7 working days after the final results have been made available by contacting your Head Lecturer, who will explain the appeals process to you.
9.9 Course fail: Legally Law reserves the right to grant concession assessments where the student requires such concession/s in order to pass a course. A maximum of two concessions (in other words - two modules and not two concessions for one module) will be allowed per course. A student will have failed the module if he / she fails the concession and will have one attempt at the following presentation of the course. The student will have to enrol afresh for the module/s failed in order to obtain a certificate of completion. In the event that the student fails any of the module/s in the subsequent enrolment, then the course must be enrolled for in its entirety as it will be considered that the student is unable to successfully comprehend the contents of the Course.
10. Student conduct
10.1 General rules: All students are required to adhere to a Code of Conduct which must be accepted in the Orientation Module for each course. A breach of the Code of Conduct will constitute a breach of this Agreement.
10.2 Handbooks and Code of Conduct: Handbooks, Code of Conduct, rules and other materials will be made available through the Online Portal, speaking to matters such as academic integrity and conduct, and you will be obliged to abide by the Terms and Conditions of such additional materials.
10.3 Offensive and prohibited content and communications: There are various communication channels available to you to enable you to connect with Legally Law�s Head Lecturers, Lecturers and other students, which includes, but is not limited to, discussion forums, chat and email. All communications on our forums or through our Websites, including any content published by you, must remain appropriate at all times.
10.3.1 Legally Law retains the right to monitor and investigate any communication which is alleged to be offensive or specifically prohibited. Legally Law retains the right to take any action that we deem appropriate to ensure that the environment remains constructive.
10.3.2 You agree to abide by the provisions of our Website Terms and Conditions of Use in relation to acceptable use policies, especially in relation to offensive and prohibited conduct.
10.3.3 In addition, you undertake not to use Legally Law services to promote any business or enterprise, unless permitted to do so by a representative of Legally Law, or unless this forms part of a course requirement.
10.3.4 To the extent that any person is harmed by your comments, Legally Law shall not be held responsible for your behaviour and you hereby release Legally Law from and indemnify Legally Law against any such liability.
10.4 Plagiarism: Plagiarism can be defined as the intentional or unintentional use of another's work without providing reasonable and appropriate credit to the author or source of the work. Legally Law provides support and information in the Online Portal on how to avoid plagiarism and guidelines on adherence to academic conduct, however, you must take responsibility for your own academic work.
10.5 Consequences of Plagiarism: Plagiarism in assignment submissions is treated extremely seriously. If you are found guilty of plagiarism you may receive zero for the relevant assignment submission, and as a result may not have a certificate issued to you.
11. Pricing, payment and delivery
11.1 Course fees: When you register for a course, you agree to pay the applicable course fee and such other amounts as may be due by you arising from your participation in the course.
11.2 Tax Invoices in electronic format: You hereby consent to the receipt of an invoice from Legally Law (Pty) Ltd, which shall be sent to you in electronic format, to the email address that you provided upon registering for a course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
11.3 Bank charges: In the event that bank charges and/or fees are levied on or added to a payment made by you to us from any country or jurisdiction, you shall be liable for all such bank charges and additional costs.
11.4 Payment of VAT and other Taxes: Any VAT or other applicable taxes payable in addition to the course fees will be identified in your invoice and such amounts are your sole responsibility unless the contrary is stated.
11.5 Payment reference: When making payment to us, you must ensure that your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.
11.6 Suspension for non-payment: If you fail to make payment for a course by the due date for payment (as agreed during registration and recorded in your invoice), then we may remove you from the course or suspend your participation in the course at our sole discretion. If you are suspended from participation, you will not be permitted to access the Online Portal until such time as the outstanding payment has been made by you, and you will be given a period of time within which to rectify non-payment. If you fail to make payment within the given additional period of time, then we will be entitled to cancel your registration and remove you from the course and you will not be entitled to any refund. Under no circumstances will students be permitted to continue with a course following the release of final marks in respect of that course.
11.7 Reminders: You hereby acknowledge and consent to us contacting you in relation to payments due by you for a course or in Terms and Conditions of these Terms and Conditions, by way of email, text message, telephone calls, or other means as determined by us.
11.8 Dispute: If there is a dispute between us relating to the payment of any course fee, or the way in which you use the Online Portal or the Website, we may at our sole discretion suspend your participation in the course for the period of the dispute.
12. Cancellations and Deferrals
12.1 Outstanding fees: If you do not settle your fees in accordance with the agreed payment Terms and Conditions, you will not receive your final result for your Course, and we will not issue any letters confirming attendance or completion of course modules. You will not be issued with a certificate of completion until all fees have been paid in full.
12.2 Cancellation of registration: If you wish to cancel your course registration, you will need to contact your Head Lecturer to discuss your intention. Your Head Lecturer will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the cancellation, you will be required to submit a cancellation of registration to the Registrar. You will not be entitled to a full refund of your course fee if you request cancellation of registration from Legally Law after the commencement of your course. After the commencement of the course, no refunds will be processed for cancellation of course registration.
12.3 Course deferral: If you wish to defer your course to the next scheduled presentation of that course, you will need to contact Legally Law at email@example.com to discuss this intention. Your Head Lecturer will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the deferral, you will be required to submit a deferral application to the Registrar. Deferral of course registration will only be processed once (no repeat deferrals will be permitted), only to the next scheduled presentation of the applicable course, and all applications for course deferral must be made before the commencement of your course. We do not guarantee that future presentations will be held and if you choose to defer to the next presentation, you do so at your own risk.
12.4 Insufficient demand: We reserve the right to cancel a course if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
13.1 Certification: Certificates of completion or attendance will be issued in your legal name provided to us during the registration process upon your successful completion of a course according to the stipulated requirements for award of a certificate. No certificate will be issued to you if you do not meet the stipulated requirements for the award of a certificate. If you are found guilty of plagiarism (even for the first offence) where a satisfactory explanation is not given, Legally Law may decide not to issue a certificate to you. No changes can be made to the standard form or wording of a certificate for any reason.
13.2 Certificate Delivery: Legally Law will courier your certificate to your street address provided to us during the registration process or such other address you have nominated. Legally Law cannot be held liable should you provide an incorrect address or if no address is given and cannot guarantee the delivery date and time.
13.3 Nominating Third Party Address: Should you choose to nominate a third party to receive or collect your certificate on your behalf, this will be done at your own risk, and Legally Law won't be held liable for any loss or theft arising from this nomination. This nomination must be in writing and must signed by the requestor. The necessary identifications must be provided in such nomination.
13.4 Certificate Return and Reroute: If a certificate is returned to our offices, you will be contacted and informed of the return. Certificates returned due to being unclaimed by the designated recipient will be re-sent by courier at your written request. Where a certificate has been returned due to failed delivery attempt, you will be liable for the cost of re-sending the certificate. Should an incorrect or outdated address be provided, and a delivery reroute is necessary, you will be held liable for the cost for said reroute.
13.5 Duplicates and Digital Certificates: Only one hard-copy certificate will be issued upon successful course completion. No duplicate or reprint certificate will be issued if your original certificate is in storage.
13.6 Certificate Reprints: A reprint (duplicate) of your certificate will be issued at a fee, where satisfactory evidence of destruction or irretrievable loss of the original is submitted. An affidavit or sworn statement to the effect that irretrievable loss has occurred (which has been signed and attested before a Commissioner of Oaths or Notary Public), must accompany the application. The original affidavit or sworn statement must be sent to us and a third party cannot swear to an oath on your behalf.
13.7 Certificate Errors: If you receive your certificate with a printing error you are required to notify us and return the erroneous certificate to the sender before an amended version will be issued. We cannot be held liable for printing errors resulting from incorrect personal student information provided to us. Any certificate changes or reprints requested after a one month period (after receiving your physical certificate) will be charged for.
13.8 Withheld certificates: If you are eligible for the award of a certificate, your certificate may be withheld by Legally Law in the following circumstances:
13.8.1 If you are under investigation for academic dishonesty or misconduct and such matter has not been resolved at the time of certification, the award of a certificate may be suspended until the matter has been disposed of by Legally Law.
13.8.2 If you have outstanding fees owing to Legally Law, your certificate may be withheld until such time as your fees have been settled in full.
13.8.3 If you fail to verify your identity. Your certificate will be withheld until such time as you have verified your identity.
14. Limitation of liability and Indemnity
14.1 No liability for course outcomes: We will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body's requirements.
14.1.1 Under no circumstances do we guarantee your suitability for a particular course based on the levels of difficulty.
14.1.2 We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a course will assist you to attain.
14.2 Limitation of liability: To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms and Conditions, your participation in a course, or termination of a course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall Legally Law's aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.
14.3 Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms and Conditions reflect a reasonable and fair allocation of risk between you and Legally Law, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
14.4 Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms and Conditions or Legally Law's services or courses must commence within 12 months after the cause of action comes into being. If not, such cause of action shall be permanently barred.
14.5 Indemnity: Subject to any applicable laws, you agree to indemnify and hold Legally law harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms and Conditions arising from your registration for a course. This indemnity includes claims arising from your use of the Online Portal in a way that does not comply with these Terms and Conditions, or if we transfer your profile to another person, or if another person accesses your profile without your consent. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
15. Interruption of Legally Law Website or Online Portal
15.1 Interruption of service: You acknowledge and agree that from time to time, the Legally Law Website and/or Online Portal may be inaccessible or inoperable, by reason of one or more of the following:
15.1.1 Equipment malfunctions or faults.
15.1.2 Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time.
15.1.3 Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other failures.
15.2 No breach: Such interruption to the accessibility of the Legally Law website or Online Portal will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the Legally Law website and/or Online Portal.
15.3 Security: We will use reasonable commercial measures to secure our system and your profile in the Online Portal, and related information, however, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorised use of your account.
16. Intellectual property
16.1 Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on the website or Online Portal or otherwise provided to students by Legally Law, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
16.2 Student content: The services and courses may enable you to share your own content, including assignments, with Legally Law, Head Lecturers, Lecturers and fellow students. You retain all intellectual property rights in, and are responsible for, the content that you share, however you specifically agree and consent that we and any institution collaborating on your course shall be entitled to use (in our discretion) all content shared by you on our Online Portal for internal research and development, course improvement and non-commercial purposes. In relation to specific courses, a policy statement on intellectual property sharing may be included in the Online Portal for further guidance to you in the sharing of your ideas and assignments. Ultimately, it is your responsibility to ensure the proper protection of your student intellectual property. If your student intellectual property will be best protected by way of trade secret, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be an essential protection. We cannot, and do not, guarantee that any intellectual property shared on the Online Portal or otherwise through the website will not be used by other students.
17. Warranties and disclaimers
17.1 Disclaimers: To the extent permissible under applicable laws, all services, courses and their content are provided "as is" without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the course content or the fitness of the course content for the purpose for which you acquired it.
17.2 Student warranties: You warrant that all and any information that you provide to Legally Law, in accordance with this Agreement, in order to register for a course or otherwise, is true and accurate.
18. Termination of participation in a Course
18.1 Modifying and terminating services: We are constantly changing and improving our services and courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether, giving enrolled students reasonable prior notice of any material changes. You may also discontinue your use of our services and courses at any time.
18.2 Breach: If you commit any other breach of these Terms and Conditions and fail to remedy the breach within 5 days after receiving a written notice to do so, we may terminate your participation in the course for which you are registered, and you will not be entitled to a refund of any portion of the course fee. We shall furthermore be entitled to immediately suspend your access to the Online Portal in the event of a material breach of these Terms and Conditions, as determined in our sole discretion, pending an investigation into the relevant conduct.
19. Complaints and dispute resolution
19.1 General complaints policy: Whether it is positive or negative, Legally Law encourages feedback from students. Where this feedback is a complaint about our course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner. All complaints are taken seriously, and every effort has been made to ensure that Legally Law can cater for complaints received on all levels, regardless of severity. Legally Law will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possible.
19.2 Speak up: Should you wish to lodge a complaint, you are required to submit the complaint to the Registrar. We will strive to ensure that anyone giving feedback is treated with the utmost courtesy and respect, and in return, we expect that anyone giving feedback or making a complaint will do so in a fair and appropriate manner. Where we determine that a complaint is abusive, unreasonable, or a student is unreasonably pursuing a complaint that has previously been investigated, we reserve our rights in relation to our response, and in particular, may elect not to pursue the procedure set out below.
19.3 Review and investigation: Once a complaint has been lodged, we will investigate and attempt to address the matter in question. At this stage, you may be required to provide supporting documentation or other evidence that may be relevant. We will endeavour to address complaints within 5 working days (although this may not always be possible). In all cases, we will maintain open channels of communication and provide feedback or updates on the progress of the investigation.
19.4 Feedback: Once a complaint has been fully investigated and due process followed, a course of action will be determined by Legally Law. The result will either be that the complaint is upheld (in part or in full), and an appropriate form of action is taken, or, that no action is taken, in which case comprehensive feedback and reasons will be provided. This includes, but is not limited to, instances where you have not requested an outcome other than having a platform to voice your concerns.
19.5 Disputes: If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between Legally Law and you, then you agree that it will be resolved individually, without resort to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction located in South Africa. As a consumer you may benefit from the right to bring an action in the courts of the jurisdiction in which you are resident. Nothing in these Terms and Conditions and conditions affects your rights to bring a claim in the courts within the jurisdiction in which you are resident. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, your rights and obligations, or the rights and obligations of Legally Law, shall be governed by, and construed in accordance with, the laws of South Africa. Nothing in these Terms and Conditions and conditions, including this 'Disputes' clause, affects your rights as a consumer to rely on such mandatory provisions of law.
19.6 Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
20.1 Legally Law's details: These Terms and Conditions are a contract between you and Legally Law (Pty) Ltd and certain of its affiliates depending on which course you have purchased. Legally Law (Pty) Ltd is a private company with its address at 52 Lyttelton road, Clubview, Centurion, Gauteng, South Africa.
20.2 Entire agreement: These Terms and Conditions, together with the Code of Conduct and Policies, shall constitute the entire agreement between you and Legally Law concerning your registration for a Course.
20.3 Revision of Terms and Conditions: We reserve the right to revise these Terms and Conditions (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the website and Online Portal, however, for all material changes to the Terms and Conditions, we will take reasonable steps to notify you of such changes if you are registered for a course at the time when such changes come into effect.
20.4 Conflict: If any aspect of these Terms and Conditions conflicts with any information provided on our website or other course materials, these Terms and Conditions will prevail unless expressly stated otherwise.
20.5 Severability: In the event that any part of these Terms and Conditions is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms and Conditions.
20.6 Assignment: These Terms and Conditions, and any rights and licenses granted in Terms and Conditions of these Terms and Conditions, may not be transferred or assigned by you, but may be assigned by Legally Law without restriction.
20.7 No indulgence/waiver: If Legally Law chooses not to enforce any part of these Terms and Conditions, this does not mean that it cannot do so at a later time. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other Term.