Entered into between The Practitioner, as defined below, and STATUTE GROUP (PTY) LTD
1. Definitions
1. “Business Day” means any day other than a Saturday, Sunday or public holiday.
2. “Web Browser” means third party browser Software, including, but not limited to,
Internet Explorer, Firefox, Google Chrome, and Apple Safari.
3. “EULA” or “Agreement” means this End User License Agreement.
4. “Practitioner” means the person (natural or juristic) whose details appear as those of
the registering user during the registration process.
5. “License Fees” means fees paid by the Practitioner to STATUTE GROUP (PTY) LTD for the
right of usage of the STATUTE GROUP (PTY) LTD Software. License Fees shall include, but
not be limited to, registration fees and monthly subscription fees.
6. “Modules” means the various modules which form part of the Software.
7. “Remote Assistance” means assistance rendered by STATUTE GROUP (PTY) LTD to the
Practitioner / User via electronic mail, telephonic or whatever other means of
communication STATUTE GROUP (PTY) LTD deems most expedient.
8. “Signature Date” means the date of registration, upon which date the Practitioner agrees
to be bound by these terms of use.
9. “Software” means the STATUTE GROUP (PTY) LTD Software which may be found at
https://statute-app.co.za (including all sub-pages thereof).
10. “User” means every single natural person employed by, or contracted to, the
Practitioner, having been authorised to utilise a User Account
11. “User Account” or “Seat” means each distinct account which is protected by a unique
username and password and requires a License.
12. “Web Site” means https://statute.mobi and all sub-pages thereof.
2. User Data
1. In the event that the practitioner / user elects not to proceed with a paid subscription to
STATUTE GROUP (PTY) LTD after the duration of the contract period elected, all data
pertaining to clients and matters of the practitioner will be destroyed within a period of
seven (7) days.
3. Acceptance of End User License Agreement
1. It is recorded that usage of the STATUTE GROUP (PTY) LTD’s Software by the Practitioner
constitutes acceptance of the terms of use contained in this End User License
Agreement.
2. It is further agreed that STATUTE GROUP (PTY) LTD may, in its own discretion, terminate
the services rendered to the Practitioner in the event that the Practitioner, or any User
registered under the Practitioner’s Firm Account violates the terms of this Agreement.
3. The Practitioner indemnifies STATUTE GROUP (PTY) LTD against any claims, howsoever
arising, including damages suffered by the Practitioner in the event that STATUTE
GROUP (PTY) LTD elects to cease rendering services in terms of 2.2 above.
4. In the event that STATUTE GROUP (PTY) LTD elects to cease rendering services in terms
of 2.2 above, STATUTE GROUP (PTY) LTD shall advise the Practitioner via E-mail, to the email address used for the first registration of the Practitioner on the STATUTE GROUP
(PTY) LTD System, that a period of 24 Hours will be afforded to them to download their
information. Once the 24 Hour Period has
elapsed, the account will be deactivated.
5. The Practitioner shall not be entitled to any refund in respect of funds paid in the event
that STATUTE GROUP (PTY) LTD terminates the services in terms of clause 2 above.
4. Acceptable use
1. The Practitioner is granted a non-exclusive, non-transferable License to use the
Software for such duration as has been paid for by the Practitioner
2. Each User Account in the Software requires a separate user License, which may be
purchased from STATUTE GROUP (PTY) LTD electronically via the STATUTE GROUP (PTY)
LTD Website.
3. It is acknowledged that The Software is not sold to the Practitioner, but that they are
simply afforded the right to use same, provided that compliance with these terms and
conditions is maintained.
4. The Software, at all times, including source code, user interface and all other facets
thereof remains the property of STATUTE GROUP (PTY) LTD.
5. The Practitioner and/or Users registered under the practitioner’s account shall not be
entitled to log into the Software concurrently using the same User credentials. All
concurrent users must have their own User Account.
5. Payment in respect of Software License
1. The Software is licensed to the Practitioners and is charged according to the number of
User Accounts that are held in any given month (or part thereof), irrespective of actual
usage (“the License Fees”).
2. License Fees are payable in advance. The Practitioner may elect to purchase a license
for a single month, or numerous months in their own discretion.
3. Should the practitioner elect not to renew their License once their License has expired,
they shall no longer have access to the Software. Data may be obtained by purchasing
an additional one month membership and downloading said data, or upon request in
writing to STATUTE GROUP (PTY) LTD. STATUTE GROUP (PTY) LTD shall be entitled to
charge a fee for the provision of such
data and shall be under no obligation to hand over same until such fee has been paid.
4. The License Fees shall be as published on the STATUTE GROUP (PTY) LTD website.
STATUTE GROUP (PTY) LTD shall be entitled to, from time to time, amend such licensing
fees. Such fees shall be deemed to be properly amended once published on the
STATUTE GROUP (PTY) LTD Website. Such pricing change shall be effective to all License
Fees paid after such change has been effected.
6. Warranties
1. The Practitioner acknowledges that no warranty is given by STATUTE GROUP (PTY) LTD as
to the suitability of the software for the purposes of complying with any provisions of the
Attorneys’ Act, Legal Practice Act, or any other regulatory legislation. The practitioner
specifically acknowledges and understands that STATUTE GROUP (PTY) LTD is primarily
a tool to assist the
practitioner in the practical day to day running of its practice, including the scope of the
software, as described on the STATUTE GROUP (PTY) LTD Website. It is the responsibility
of the practitioner to ensure that they comply with any applicable legislation.
2. It is acknowledged and recorded that STATUTE GROUP (PTY) LTD should be used in
conjunction with an accounting professional to ensure that accurate accounting
records are held. To this end, STATUTE GROUP (PTY) LTD merely facilitates the day to day
running of the practice and the communication of such data to an accounting
professional.
3. The practitioner understands and acknowledges that no software is error-free and,
although every effort has been made to ensure that errors do not present themselves,
the practitioner acknowledges that the software is provided as-is. The practitioner
undertakes to perform regular backups of all data held on the STATUTE GROUP (PTY) LTD
database.
4. The practitioner acknowledges that he/she, and all other users of the software making
use of such software under the practitioner’s registration, do so at their own risk.
5. The practitioner warrants that he/she is duly authorised to register for the usage of the
software on behalf of the firm, in the event that such firm trades as a partnership or
incorporated company. The practitioner acknowledges that, in the event the he/she fails
to provide proof of such authorisation, resolution or consent upon request by Legal
Soft, the practitioner’s registration, as well as the registration of all users under such
registration shall be terminated with immediate effect and STATUTE GROUP (PTY) LTD be
held blameless in respect of any loss which may be suffered by the practitioner and/or
his/her practice as a result of such deregistration.
6. The practitioner, accepts these terms and conditions on behalf of the practitioner’s firm.
STATUTE GROUP (PTY) LTD TERMS AND CONDITIONS
A DEFINITIONS AND INTERPRETATION
S1. In this Agreement the following definitions will apply:
1.1. Agreement means this Agreement together with the schedules and any
appendices attached hereto;
1.2. Commencement Date means the date on which both parties’ signature appears
on the STATUTE GROUP (PTY) LTD Quotation and Agreement;
1.3 Confidential Information means Information relating to one Party or its Agents
(the “Disclosing Party”) and/or the business carried on or proposed or
intended to be carried on by the Disclosing Party and which is made available in
connection with this Agreement to the other Party (the “Receiving
Party”) (or its Agents) by the Disclosing Party or which is recorded in agreed
minutes following oral disclosure to the Receiving Party and any other
information which is otherwise made available by the Disclosing Party to the
Receiving Party, whether before, on or after the date of this Agreement,
including any information, analysis or specifications derived from, containing or
reflecting such information but excluding information which:
1.3.1. is publicly available at the time of its disclosure or becomes publicly
available (other than as a result of disclosure by the Receiving Party or
any of its Agents contrary to the terms of this Agreement); or
1.3.2. was lawfully in the possession of the Receiving Party or its Agents (as can
be demonstrated by its written records or other reasonable evidence)
free of any restriction as to its use or disclosure prior to its being so
disclosed; or
1.3.3. following such disclosure, becomes available to the Receiving Party or
its Agents (as can be demonstrated by its written records or other
reasonable evidence) from a source other than the Disclosing Party,
which source is not bound by any duty of confidentiality owed, directly
or indirectly, to the Disclosing Party in relation to such information.
1.4. Contract Period starts on the Commencement Date and continues indefinitely
unless terminated by either party by giving a calendar month’s notice.
1.5. Default means any breach of the obligations of either Party or any act, omission,
negligent act or statement of either Party, its employees, agents or
sub-contractors and in respect of which liability arises from the defaulting Party
to the other;
1.6. Fees means the charges for the STATUTE GROUP (PTY) LTD software calculated
in accordance with fee structure or any amendment thereto at the sole
discretion of
STATUTE GROUP (PTY) LTD.
1.7. Information means all information including, without limitation, any information
relating to systems, operations, plans, intentions, market opportunities, knowhow, trade secrets and business affairs in whatever form, whether in oral,
tangible or in documented form and, if in tangible or documented form, whether
marked or identified as being proprietary or not.
1.8. Intellectual Property includes any copyright, design rights, patents, inventions,
logos, business names, service marks and trademarks, Internet domain
names, moral rights, rights in databases, data, source codes, reports, drawings,
specifications, know-how, business methods and trade secrets,
applications for registration, and the right to apply for registration, for any of
these rights and all other intellectual property rights and equivalent or
similar forms of protection existing anywhere in the world.
1.9. Party means any one of the Parties to this Agreement. The term “Parties” shall
have a corresponding meaning.
1.10. Personnel means the employees, agents and approved sub-contractors of the
Service Provider who are assigned to perform the Services.
1.11. Regulatory Requirements means all legal and regulatory requirements in the
Republic of South Africa and any other jurisdiction from which the Services
are delivered that are applicable in relation to the STATUTE GROUP (PTY) LTD
software.
1.12. Representative means the appointed Party representatives.
1.13. Third Party means any person or entity which is not a Party to this Agreement.
1.14. Value Added Tax or VAT means value added tax imposed in terms of such
applicable legislation, including any similar tax which may be imposed in
place thereof from time to time.
S2. In this Agreement, unless the context otherwise requires:
2.1. if any provision in a definition is a substantive provision conferring rights or
imposing obligations on a Party, notwithstanding that it is only in the
interpretation clause, effect shall be given to it as if it were a substantive
provision in the body of the Agreement;
2.2. in this Agreement a Party includes a reference to that Party’s successors in title
and assigns allowed at law;
2.3. any reference in this Agreement to:
2.3.1. “business hours” shall be construed as being the hours between 08h00
and 16h30 on any business day. Any reference to time shall be based
upon South African Standard Time;
2.3.2. “days” shall be construed as calendar days unless qualified by the word
“business”, in which instance a “business day” will be any day other
than a Saturday, Sunday or public holiday as gazetted by the government
of the Republic of South Africa from time to time;
2.3.3. “law” means any law of general application and includes the common
law and any STATUTE GROUP (PTY) LTD, constitution, decree, treaty,
regulation, directive,
ordinance, by-law, order or any other enactment of legislative measure
of government (including local and provincial government) statutory
or regulatory body which has the force of law and “legislation” will have
the equivalent meaning;
2.3.4. “person” means any person, company, close corporation, trust,
partnership or other entity whether or not having separate legal
personality; and
2.3.5. “writing” means legible writing and in English and excludes any form of
electronic communication.
S3. The words “include” and “including” mean “include without limitation” and “including
without limitation”. The use of the words “include” and “including”
followed by a specific example or examples shall not be construed as limiting the
meaning of the general wording preceding it;
S4. The words “shall” and “will” and “must” used in the context of any obligation or
restriction imposed on a Party have the same meaning;
S5. Words and expressions defined in any clause shall, unless the application of any such
word or expression is specifically limited to that clause, bear the meaning
assigned to such word or expression throughout this Agreement;
S6. Unless otherwise provided, defined terms appearing in this Agreement in title case shall
be given their meaning as defined, while the same terms appearing in
lower case shall be interpreted in accordance with their plain English meaning;
S7. A reference to any statutory enactment shall be construed as a reference to that
enactment as at the Commencement Date and as amended or substituted from
time to time;
S8. Unless specifically otherwise provided, any number of days prescribed shall be
determined by excluding the first and including the last day or, where the last day
falls on a day that is not a business day, the next succeeding business day;
S9. If the due date for performance of any obligation in terms of this Agreement is a day
which is not a business day then (unless otherwise stipulated) the due date
for performance of the relevant obligation shall be the immediately preceding business
day;
S10. Where figures are referred to in numerals and in words, and there is any conflict
between the two, the words shall prevail, unless the context indicates a contrary
intention;
S11. The rule of construction that this Agreement shall be interpreted against the Party
responsible for the drafting of this Agreement, shall not apply;
S12. The expiration or termination of this Agreement shall not affect such of the provisions of
this Agreement as expressly provided that they will operate after any such
expiration or termination or which of necessity must continue to have effect after such
expiration or termination, notwithstanding that the clauses themselves do
not expressly provide for this;
S13. No provision of this Agreement shall (unless otherwise stipulated) constitute a
stipulation for the benefit of any person (stipulatio alteri) who is not a party to this
Agreement.
1. Use of Software
1.1. STATUTE GROUP (PTY) LTD hereby grants the client the right to access and use
STATUTE GROUP (PTY) LTD. This right is granted on a non-exclusive, nontransferable basis and subject to the specific terms and conditions of this
Agreement, which may be updated and amended by STATUTE GROUP (PTY) LTD
in their sole and ultimate discretion from time to time.
STATUTE GROUP (PTY) LTD warrants that it has the right to grant the right to use
STATUTE GROUP (PTY) LTD to the client and that the system will function
according to the specifications, which
shall be made available upon request.
1.2. The number of users is stipulated in the Quotation and Software Service
Agreement issued to the client by STATUTE GROUP (PTY) LTD or its nominee. The
client shall determine the number of users, the level of access, and the user
rights allowed to each specific user. This may change from time to time during
the course of this Agreement.
1.3. The client takes responsibility for utilizing the system. STATUTE GROUP (PTY) LTD
takes no responsibility for failure to use or misuse of the system by any of the
client’s users.
1.4. This Agreement will be effective from the Commencement Date and will endure
indefinitely on a month-to-month basis, subject to termination by either Party
giving the other Party one calendar month’s written notice to that effect.
2. Obligations of the Client.
2.1. Payment of service fees – STATUTE GROUP (PTY) LTD or its nominee shall issue
an invoice every month in advance for the month following the date of the
invoice. The invoice shall be in accordance with the quotation and any
amendments thereto. Payment is due and the client will pay all due amounts
strictly upon presentation of the invoice.
2.2. STATUTE GROUP (PTY) LTD may suspend or terminate system access for late
payment or non-payment of any invoices. Service fees will be adjusted
according to fluctuating user requirements.
2.3. STATUTE GROUP (PTY) LTD reserves the right to increase the service fees at any
time during the period of this Agreement, subject to one calendar month’s
written notice
to that effect.
2.4. Training – The client shall ensure that all users are fully trained. Authorised
STATUTE GROUP (PTY) LTD trainers and training material are available upon
request at standard going rates from time to time.
2.5. STATUTE GROUP (PTY) LTD will not be responsible for the ineffectiveness of the
system due to inadequate user training/knowledge.
3. Consent to process information.
3.1. By signing this Agreement, the client accepts, consents and acknowledges that
STATUTE GROUP (PTY) LTD may collect, store, use and process information that
can be associated with the client and/or its users of the system, which
information can be used to identity the client and/or his/her/its users (“Personal
Information”).
3.2. The client hereby acknowledges that Personal Information includes, the client’s
(and/or user’s):
3.2.1. name and surname;
3.2.2. email address;
3.2.3. telephone number(s);
3.2.4. identity number;
3.2.5. banking details;
3.2.6. company name, company registration number, and VAT number (if
the client is a juristic entity);
3.2.7. postal address and/or street address; and
3.2.8. username and password (log-in details) (if/where applicable).
3.3. The client hereby consents to the collection and processing of Personal
Information by STATUTE GROUP (PTY) LTD for various purposes, including:
3.3.1. services purposes – such as requests for and providing services in
accordance with this Agreement;
3.3.2. marketing purposes – such as pursuing lawful related marketing
activities;
3.3.3. business purposes – such as internal audit, accounting, recording
keeping, business planning, and joint ventures, disposal of
business, or other proposed and actual transactions; and
3.3.4. legal purposes – such as handling claims, complying with
regulations, for detection and prevention of fraud, crime, money
laundering or other malpractice and pursuing good governance.
3.4. The client acknowledges that the Personal Information will not be further
processed and shall only be processed for the purposes for which it was
collected, as set out in this Agreement, and as agreed between the client and
STATUTE GROUP (PTY) LTD.
3.5. STATUTE GROUP (PTY) LTD will not sell the Personal Information. No Personal
Information will be disclosed to any third party except as provided in STATUTE
GROUP (PTY) LTD’s privacy policy, which can be found at www.statute.mobi
3.6. The client hereby consents to and acknowledges that STATUTE GROUP (PTY) LTD
may need to disclose the Personal Information to its employees that require the
Personal Information in order to do their jobs. These include STATUTE GROUP
(PTY) LTD’s employees, responsible management, human resources,
accounting, audit, compliance, information technology, or other Personnel.
Access to the Personal Information is only authorised for employees who require
such information in order to fulfil their employment responsibilities.
3.7. The client acknowledges that the records of Personal Information will not be
retained any longer than necessary for achieving the purpose for which the
Personal Information was collected or subsequently processed, unless the
retention of the Personal Information is required or authorised by law, or the
client has consented to the retention of the Personal Information.
3.8. During the period of retention of Personal Information, STATUTE GROUP (PTY)
LTD will continue to abide by all its obligations stipulated in its privacy policies
and/or applicable
legislation.
3.9. Subject to clause 3.6 and clause 18 below, the client acknowledges that
STATUTE GROUP (PTY) LTD may retain the Personal Information for historical,
statistical or research purposes in circumstances where STATUTE GROUP (PTY)
LTD has established appropriate safeguards against the Personal Information
being used for any other purposes.
3.10. Subject to having provided STATUTE GROUP (PTY) LTD with adequate proof of
identity, the client acknowledges that he/she/it is entitled to request access to
the Personal Information and/or request that the Personal Information be
destroyed, deleted or de-identified as soon as reasonably practicable:
3.10.1. after STATUTE GROUP (PTY) LTD are no longer authorised to retain
the Personal Information in terms of clause 3.8; or
3.10.2. the purpose for which the Personal Information is required has been
fulfilled.
3.11. STATUTE GROUP (PTY) LTD shall destroy or delete the record of Personal
Information in a manner that prevents its reconstruction in an intelligible form
and in accordance with clause 18.1.9, unless otherwise agreed between the
Parties.
3.12. The client may request STATUTE GROUP (PTY) LTD to –
3.12.1. correct or delete Personal Information about the client, in STATUTE
GROUP (PTY) LTD’s possession or under STATUTE GROUP (PTY)
LTD’s control, that is inaccurate, irrelevant, excessive, out of date,
incomplete, misleading, or obtained unlawfully; or
3.12.2. destroy or delete a record of Personal Information about the client
which STATUTE GROUP (PTY) LTD is no longer authorised to retain in
terms of this Agreement.
3.13. The client shall notify STATUTE GROUP (PTY) LTD of its request(s) referred to in
clause 3.12 by emailing, phoning or notifying STATUTE GROUP (PTY) LTD via the
client’s online account (if/where applicable) and in accordance with STATUTE
GROUP (PTY) LTD’s privacy policy found at www.statute.mobi
3.14. Upon receipt of a request from the client in terms of clause 3.10, STATUTE
GROUP (PTY) LTD undertakes, as soon as reasonably practicable, to –
3.14.1. correct the Personal Information;
3.14.2. destroy or delete Personal Information; or
3.14.3. provide the client with credible evidence in support of the Personal
Information.
3.15. STATUTE GROUP (PTY) LTD is not responsible for, gives no warranties and makes
no representations whatsoever in respect of any privacy policy and/or practice
belonging to linked or third-party websites.
3.16. Where the client processes Personal Information of his/her/its customers,
employees, agents, data subjects, being the person to whom the Personal
Information related (referred to as the “Data Subjects”), the client undertakes to
ensure:
3.16.1. that it shall, at all material times when using the system, comply
with its own data privacy and protection policies in order to
safeguard all Personal Information;
3.16.2. that all reasonable steps are taken and put in place all reasonable
measures to secure and protect all Personal Information which they
process; and
3.16.3. that the client’s employees undergo adequate training and comply
fully with all applicable laws and regulations.
3.17. The Parties undertake to ensure that all/any Personal Information processed for
specific Data Subjects, shall be processed separately from Personal Information
relating to any other Data Subject and in accordance with applicable legislation.
3.18. The Parties’ obligations in terms of this clause, clause 18 and in terms of
applicable legislation, shall endure for an indefinite period from receipt of the
Personal Information, regardless of any suspension of services by STATUTE
GROUP (PTY) LTD or access to the system, termination of this Agreement and/or
the business relationship, for any reason whatsoever.
3.19. Unless otherwise instructed in writing by the client, the client’s consent given to
STATUTE GROUP (PTY) LTD in terms of this Agreement, shall be applicable and
valid in respect of
any/all additional services required by the client (whether in terms of or outside
of this Agreement) and in addition to the Service Level Agreement, the signed
Quotation and Software Service Agreement, as may be amended from time to
time.
3.20. The client acknowledges and accepts that STATUTE GROUP (PTY) LTD may, from
time to time, need to share the client’s Personal Information with STATUTE
GROUP (PTY) LTD’s affiliated companies and/or authorised third-party service
providers in order to render its services adequately and efficiently. Details of
STATUTE GROUP (PTY) LTD’s affiliate companies are set out in STATUTE GROUP
(PTY) LTD’s privacy policy document.
3.21. By signing this Agreement, the client consents to STATUTE GROUP (PTY) LTD
sharing all/any Personal Information with STATUTE GROUP (PTY) LTD’s affiliated
companies and/or authorised third-party service providers in order to assist
STATUTE GROUP (PTY) LTD with rendering its services in terms of this Agreement
and/or in terms of clause 3.19, and specifically the client consents to Personal
Information being transferred to a foreign country where STATUTE GROUP (PTY)
LTD reasonably believes this to be necessary. STATUTE GROUP (PTY) LTD
undertakes to ensure that its affiliate companies and/or the authorised third-
party service provider has implemented the appropriate technical and
organisational security measures in the relevant jurisdiction in which the
Personal Information is being transferred, and that it has implemented and taken
technical and organisational security measures to safeguard the security of the
client’s Personal information in-transit.
4. System usage and security conditions
4.1. The client agrees to use the system only for its own lawful internal business
purposes, in accordance with this Agreement.
4.2. The client is responsible for ensuring that all usernames and passwords required
to access the system are kept secure and confidential.
4.3. Where STATUTE GROUP (PTY) LTD is hosted on an STATUTE GROUP (PTY) LTD
Cloud Server, the client is obliged to immediately inform STATUTE GROUP (PTY)
LTD of any unauthorised use or other breach of security
as soon as there is a suspicion of such activity. STATUTE GROUP (PTY) LTD may,
at its own discretion, reset client passwords and user access rights as and when
deemed necessary. The client shall take all reasonable steps to maintain or
enhance the security of and access to the system. STATUTE GROUP (PTY) LTD is
available to advise and consult on security and make recommendations but it is
the responsibility of the client to approach STATUTE GROUP (PTY) LTD in this
regard.
4.4. The client shall not:
4.4.1. do or neglect to do anything that may damage or undermine the
security or integrity of the system or hosting environment;
4.4.2. do or neglect to do anything that allows the system to be used by
anyone without the express written consent of STATUTE GROUP
(PTY) LTD;
4.4.3. attempt to gain access to any software, program or data set other
than the system to which the client has been granted access in
terms of this Agreement;
4.4.4. do or neglect to do anything that may damage any other client’s or
user’s hardware or software;
4.4.5. upload or submit content, material or data that may be offensive or
in violation of any law (including data or other material protected by
copyright or trade secrets which the client does not have the right to
use);
4.4.6. attempt to modify copy, adapt, reproduce, disassemble, decompile
or reverse-engineer any part of the system;
4.4.7. use or allow others to use the system for the benefit of any third
party or to perform a similar service;
4.4.8. expect that the system will be completely error free. STATUTE
GROUP (PTY) LTD undertakes to rectify a material system error or
material malfunction if the latest current
version of the system can be demonstrated to contain an error or
malfunction;
4.4.9. expect STATUTE GROUP (PTY) LTD to rectify any system
malfunctions that are caused by any of the following: defective
equipment, modifications made by unauthorised persons,
defective third party software or systems, defective peripheral
products, any negligent action, corrupt data, or any device or
system installed by any person unauthorised by STATUTE GROUP
(PTY) LTD.
5. Confidentiality, non-disclosure and Privacy
5.1. Unless either Party has the prior written consent of the other or unless required
to do so by law:
5.1.1. Each Party will preserve and respect the confidentiality of all
confidential information of the other obtained during the course of
this Agreement. Neither Party will, without the prior written consent
of the other, disclose or make known any confidential information
to any person, or use the same for its own benefit, other than as
contemplated by this Agreement, excepting if,
5.1.2. it becomes public knowledge other than by a breach of this clause;
5.1.3. it is obtained from a third party under lawful circumstances and
who is under no obligation to restrict its disclosure;
5.1.4. it is in the possession of the receiving party without restriction and
was obtained before the date of receipt from the disclosing party; or
5.1.5. it is or has been independently developed without access to the
confidential information.
5.2. Specifically, subject to the conditions above in clause 4.1, the client shall not
disclose or allow others in its employ to disclose any information about the
system, documentation or features to anyone who is not entitled thereto. All
system information must be treated as confidential, for the client’s own use and
may not be disclosed to any third party without the written approval of STATUTE
GROUP (PTY) LTD.
5.3. The client undertakes to protect the Intellectual Property of STATUTE GROUP
(PTY) LTD at all times.
5.4. The above obligations shall endure for an indefinite period regardless of any
suspension of services by STATUTE GROUP (PTY) LTD or access to the system,
termination of this Agreement or the business relationship, for any reason.
6. Software support and maintenance
6.1. STATUTE GROUP (PTY) LTD or its nominee undertakes to provide the support
services as specified in the Service Level Agreement which can be found at
www.statute.mobi
7. Intellectual Property
7.1. The system and all Intellectual Property Rights in the system, the website and
any documentation relating thereto remain the property of STATUTE GROUP
(PTY) LTD. Authorised
changes commissioned by the client also become the Intellectual Property of
STATUTE GROUP (PTY) LTD unless specifically and separately agreed by the
parties.
7.2. The data remains the property of the client. Access to the client’s data, using the
Statute software, is contingent on full payment of all related STATUTE GROUP
(PTY) LTD invoices.
7.3. The client agrees that STATUTE GROUP (PTY) LTD may copy, transmit, store, and
back-up relevant information and data for the purposes of enabling continued
and optimum use of the system.
7.4. STATUTE GROUP (PTY) LTD will adhere to best practice policies and procedures
to prevent data loss but cannot guarantee that there will be no loss of data at any
given time. STATUTE GROUP (PTY) LTD expressly excludes liability for any loss of
data under any circumstances whatsoever.
8. Communication conditions
8.1. The client is entitled to use such communications tools within the system that
may be available or become available over the duration of this Agreement. These
communication media may include email, SMS messages, forums, chat rooms
or message centres. The client agrees to use such communication media for
lawful purposes only. These communication media are not to be used for the
posting or dissemination of material that is unrelated to the use of the system.
The client or any of its users shall not use these communication media for offers
of goods or services for sale, unsolicited commercial email, files that may
damage any other person’s computing devices or software content that may be
offensive to any other users of the system or for anything else that may be
material in violation of any law (including material that is protected by copyright
or trade secret).
8.2. The client confirms that, when communicating via these online media, it is
permitted to make such communication. STATUTE GROUP (PTY) LTD is not in any
way obliged to ensure that any of the communicated online material is
legitimate or that it related only to the use of the system alone. The client agrees
to exercise caution and discretion when using these communication media as
should be exercised with any other web-based communication forum. STATUTE
GROUP (PTY) LTD reserves the right to remove any communication at any time at
its sole discretion.
9. Indemnity
9.1. The client hereby indemnifies STATUTE GROUP (PTY) LTD against all claims,
costs, damage and loss arising from any of the terms and conditions of this
Agreement or the breach thereof.
9.2. The client indemnifies STATUTE GROUP (PTY) LTD against any claim for direct or
indirect and consequential losses including, but not limited to, loss of profit or
other consequential damages arising out of the use of the system or the inability
to use the system for whatever reason.
10. Third-party applications
10.1. In the event that the client requires third-party applications for use in
conjunction with the system, the client acknowledges that STATUTE GROUP
(PTY) LTD may allow the providers of those third-party applications to access the
client’s data as required for the interoperation of such third-party applications
with the system.
10.2. STATUTE GROUP (PTY) LTD shall not be responsible for any disclosure,
modification or deletion of the client’s data resulting from any such access by
third-party application providers.
11. Automated data and software integrations delivered into STATUTE GROUP (PTY) LTD
11.1. Automated data feeds and third-party software integrations are sometimes
required by the client to be implemented to operate with STATUTE GROUP (PTY)
LTD. These are
sometimes charged for either directly or indirectly. The charges can be either
based on transactions or by monthly or annual fee.
11.2. STATUTE GROUP (PTY) LTD reserves the right to pass on any charges related to
the provision of data feed data or third-party software integrations on a case-bycase basis at STATUTE GROUP (PTY) LTD’s sole discretion. STATUTE GROUP
(PTY) LTD undertakes to inform the client of any such charges and indicate as far
as possible as to the extent and nature of such charges. The client will have the
discretion as to whether to accept these charges or not as the need may be.
11.3. Examples of such include, but are by no means limited to, the following: Bank
integration and data import, integrations with the client’s clients and data
import, SMS service providers, telephone system integration, cost recovery
integration, switching software or devices, or any software integration or data
transfer of any nature.
12. Signatory Warranties
12.1. The person who signs this Agreement warrants that where the use of the system
and related service is registered on behalf of another person or legal entity that
the signatory has the full legal and binding authority to agree to this Agreement
on behalf of that person and or legal entity.
12.2. The person who signs this Agreement furthermore warrants that by registering to
use the system it binds the person on whose behalf the system is registered, to
the performance of all the obligations in terms of this Agreement in its entirety.
12.3. In the event that the person who signs this Agreement on behalf of another
person or legal entity without the required legal authority to do so, the signatory
to this Agreement becomes personally liable for all amounts due to STATUTE
GROUP (PTY) LTD in terms of this Agreement, for the full period thereof.
12.4. Nothing contained in this Agreement shall be construed as creating a company,
close corporation, joint venture, partnership or association of any kind.
12.5. Neither of the Parties (nor their respective agents) shall have the authority or
right, nor shall any Party hold itself out as having the authority or right, to
assume, create or undertake any obligation of any kind whatsoever, express or
implied, on behalf of or in the name of the other Party.
13. Acknowledgements:
13.1. The client acknowledges that it is authorised to use the system and the
information and data including any information or data input into the system by
any person it has given authority to use the system. The client is furthermore
allowed to access the processed information and data that is made available to
it via its use of the system.
13.2. Nothing in this Agreement confers, or purports to confer, a benefit on any person
other than the client stipulated in this Agreement. The client agrees that if it uses
the system on behalf of or for the benefit of anyone other than itself (whether a
body corporate or otherwise) the client warrants that it has the right to do so.
13.3. The client is responsible for authorising any person who is given access to the
system information or data and agrees that STATUTE GROUP (PTY) LTD has no
obligation to provide any person access to such information or data without the
client’s specific authorisation. STATUTE GROUP (PTY) LTD may refer any
requests for information to the client. The client indemnifies STATUTE GROUP
(PTY) LTD against any claims or loss relating to:
13.3.1. STATUTE GROUP (PTY) LTD’s refusal to provide any person access to
the client’s information or data;
13.3.2. STATUTE GROUP (PTY) LTD making available information or data to
any person in accordance with its privacy policy, which policy
document can be accessed at the following link www.statute.mobi
and/or in accordance with clause 3 of this Agreement.
13.3.3. The provision of, access to and use of the system is at the sole risk
of the client.
13.3.4. STATUTE GROUP (PTY) LTD does not warrant that the use of the
system and related service will be entirely uninterrupted or error
free. The client acknowledges that various factors may from time to
time interfere with or prevent access to the system. STATUTE
GROUP (PTY) LTD shall not in any way be responsible for any such
interference or lack of the client’s
access or use of the system.
13.3.5. This Agreement does not provide for an accounting service or any
work that should be done by the client’s accountant or bookkeeper
and the use of the system does not constitute the receipt of
accounting advice.
13.3.6. It is the sole responsibility of the client to determine that the system
meets the needs and requirements of its business and that it is
suitable for the purposes for which it is used. STATUTE GROUP (PTY)
LTD provides no warranties about the system or related service.
STATUTE GROUP (PTY) LTD does not warrant that the system will
meet the client’s requirements
or that it will be suitable for any particular purpose whatsoever. To
avoid doubt, all such possible conditions or warranties are
excluded in so far as is permitted by law, including (without
limitation) warranties of merchantability, fitness for purpose, title
and non-infringement.
13.3.7. The client remains solely responsible for complying with all
applicable Regulatory Requirements, accounting, tax and other
laws. It is, furthermore, the client’s responsibility to ensure that
storage of and access to relevant data via the system complies with
laws applicable to it (including any laws that require extended
retention of records.
14. Consumer guarantees
The client hereby warrants that it is acquiring the right to access and utilise the system for
business purposes and that any statutory consumer guarantees or
legislation intended to protect non-business consumers in any jurisdiction will not apply to
the supply of the system or this Agreement.
15. Limitation of Liability
15.1. Notwithstanding anything else contained in this Agreement, the parties confirm
that the client will not hold STATUTE GROUP (PTY) LTD liable or responsible for
any loss (including loss of information, data, profits and savings) or damage
including consequential damages resulting, directly or indirectly, from any use
of, or reliance on, the system.
15.2. If the client suffers any loss or damage as a result of STATUTE GROUP (PTY) LTD’s
negligence or failure to comply with this Agreement, any claim by the client
against STATUTE GROUP (PTY) LTD will be limited in respect of any one incident,
or series of connected incidents, to the fees paid by the client in the previous 3
months.
15.3. If the client is not satisfied with the service, its sole and exclusive remedy is to
terminate this Agreement.
16. Breach
16.1. The client shall be in breach of this Agreement if:
16.1.1. there is a breach of any of the clauses of this Agreement and same
breach, which is capable of being remedied, is not remedied within
14 (fourteen) business days of receiving notice of the breach.
16.1.2. notwithstanding the preceding clause, any non-payment of any
account or invoice in respect of this Agreement shall constitute a
breach without any notice to that effect.
16.1.3. the client commits an act of insolvency or is placed under a
provisional or final winding-up or judicial management or makes an
assignment for the benefit of creditors, or fails to satisfy or take
steps to have set aside any judgment taken against it within 7
(seven) business days after such judgment has come to its notice.
16.2. In the case of a breach STATUTE GROUP (PTY) LTD may, at its sole discretion:
16.2.1. obtain an order against such defaulting Party for specific
performance, with or without claiming damages; or
16.2.2. cancel this Agreement and the client’s access to the system;
16.2.3. suspend the client’s use of the system;
16.2.4. suspend or terminate access to all data by the client.
17. Accrued Rights
17.1. Termination of this Agreement, for whatever reason, including cancellation due
to a breach by the client, shall be without prejudice to any rights and obligations
of the Parties accrued up to and including the date of termination.
17.2. On termination and/or cancellation of this agreement the client shall:
17.2.1. remain liable for any accrued charges and amounts which became
due for payment before or after termination; and
17.2.2. immediately cease to use the system and related services.
17.2.3. It is acknowledged by both Parties that the non-disclosure,
confidentiality and/or protection of information clauses of this
Agreement survives the termination and/or cancellation of this
Agreement.
18. Protection of Information
18.1. The Parties undertake to ensure that they will protect the information of the
other Party it may receive in connection with its performance of this Agreement.
To the extent that either Party processes confidential information of the other
Party, including but not limited to Personal Information relating to its employees,
clients and suppliers, each Party agrees that it shall:
18.1.1. restrict access to information to employees or agents who are
properly authorised to process such information and who, by virtue
of their office or contract are subject to appropriate confidentiality
obligations;
18.1.2. follow the other Party’s instructions in connection with processing
such information;
18.1.3. implement reasonable, appropriate technical and organisational
measures to preserve the integrity and confidentiality of the
information and to prevent any unauthorised processing, access,
use, corruption or loss of the information;
18.1.4. verify that all security measures that are in place are effectively
implemented;
18.1.5. not disclose any such information to any third party without the
prior written consent of the other party or unless required by law;
18.1.6. not transfer or process information outside of South Africa to
recipients/third parties that are not subject to appropriate data
protection principles unless consent of the other Party is obtained
to do so. Any external third party shall be prevented from further
transferring Personal Information to any other third parties.
18.1.7. ensure that the third party has implemented the appropriate
technical and organisational security measures in the relevant
jurisdiction in which the Personal Information is being transferred,
and that it has implemented and taken technical and organisational
security measures to safeguard the security of the Personal
information in-transit;
18.1.8. conduct regular assessments to identify all reasonable,
foreseeable internal and external risks to the information in that
Party’s possession or control and update and align safeguards with
the risks identified;
18.1.9. delete any information in its possession or control upon the expiry
of the applicable retention period as prescribed by law, or upon the
expiry or termination of this Agreement, or within 10 (ten) days of a
written request by the other Party requesting the deletion or
handing over of such information, whichever occurs first, unless
otherwise agreed upon between the Parties; and
18.1.10. provide the other Party upon reasonable advance notice with
access to its premises to ensure that appropriate security
measures are in place to protect
the information.
18.2. In protecting information as set out above, the Parties agree to adhere to all data
privacy laws, and in the event of any unauthorised, unlawful and/or unintended
processing or where there are reasonable grounds to believe that the Personal
Information has been accessed or acquired by any unauthorised person, each
Party will immediately notify the other Party and co-operate with all reasonable
requests to investigate and remedy such incident and provide appropriate
response to the other Party, as well as the Data Subject whose Personal
Information may have been breached.
19. Applicable Law and Jurisdiction
19.1. This Agreement is governed by, and all disputes, claims, controversies, or
disagreements of whatever nature arising out of or in connection with this
Agreement, including any question regarding its existence, validity,
interpretation, termination or enforceability, shall be resolved in accordance
with the laws of South Africa.
19.2. The Parties hereby consent and submit to the jurisdiction of the High Court of
the Republic of South Africa in any dispute arising from or in connection with this
Agreement.
20. Arbitration
Any disputes arising out of this Agreement may, in the first instance be referred to the
Parties’ senior executives for resolution. In the event of the dispute not being
resolved within 14 (fourteen) business days of the date of such referral (or longer as may be
agreed in writing between the said executives), the dispute may be
referred to the Arbitration Foundation of South Africa and in such event, each Party
consents to the arbitration proceedings and that the decision of the arbitrator
will be binding to both, carried into effect and be made an order of court. Nothing contained
in clause 19.1 above will preclude a party to approach a court of law
with the required jurisdiction to enforce its rights in terms of this Agreement.
21. Domicilium and notices
21.1. The Parties chosen domicilia citandi et executandi for all purposes relating to
this Agreement including the giving of any notice unless otherwise agreed, as per
the signed Quotation and Software Service Agreement.
21.2. All notices, requests, consents and other communications shall be in writing
and be deemed given on the same day if delivered personally or sent by email, or
after 3 (three) business days if mailed by prepaid registered or certified mail.
22. General
22.1. This Agreement constitutes the sole record of the Agreement between the
Parties in relation to the subject matter hereof. No undertaking, representation,
term or condition relating to the subject matter of this Agreement not
incorporated in this Agreement, shall be binding on any of the Parties.
22.2. No variation, addition, deletion, or agreed cancellation will be of any force or
effect unless in writing and signed by or on behalf of the Parties hereto. Failure or
delay on the part of any Party hereto in exercising any right, power or privilege
hereunder will not constitute or be deemed to be a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any other or
further exercise thereof.
22.3. This Agreement replaces all prior commitments relating to the parties and shall
endure and be enforceable against the successors in title of the Parties.
22.4. If any term, condition, provision or performance, or any part of a term, condition,
provision or performance of this Agreement is determined to be invalid, illegal,
unlawful or unenforceable to any extent, that term, condition, provision or
performance or the relevant part thereof shall be severed from the remaining
terms, conditions, provisions and performance of this Agreement, or amended
to make it valid, legal, lawful and enforceable, in such a manner as to leave the
amended Agreement substantially the same in essence, and this Agreement so
amended shall remain in force and effect.
22.5. STATUTE GROUP (PTY) LTD may cede, assign or otherwise transfer its rights in
terms of this Agreement or any part, share or interest therein and may also cede,
assign, subcontract or otherwise transfer any rights or obligations hereunder,
without the prior written consent of the client.
22.6. The client shall not be entitled to cede, assign or otherwise transfer its rights in
terms of this Agreement nor any part, share or interest therein nor any rights or
obligations hereunder, without the prior written consent of STATUTE GROUP
(PTY) LTD.
22.7. Each Party agrees that, in its respective dealings with the other Party under or in
connection with this Agreement, it shall act in good faith.
22.8. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, and all of which together shall constitute one and
the same agreement as at the date of signature of the Party last signing one of
the counterparts. The Parties undertake to take whatever steps may be
necessary to ensure that each counterpart is duly signed by each of them
without delay.
23. External dependencies (Site Requirements):
23.1. A System requirements Document is available from your Account Manager upon
request.
STATUTE GROUP (PTY) LTD POPIA
PROTECTION OF PERSONAL INFORMATION ACT – POLICY DOCUMENT
(POPIA Compliance Policy)
1. Collection of Information
1.1. As part of your interactions with STATUTE GROUP (PTY) LTD (Pty) Ltd
(“STATUTE GROUP (PTY) LTD”), we collect personal information directly from
you and automatically from your use of our platform and website.
1.2. Personal Information includes:
1.2.1. Information collected automatically when you visit our website or
use our services;
1.2.2. Information provided during registration or onboarding;
1.2.3. Information submitted through our platform;
1.2.4. Optional information you voluntarily provide.
Excludes:
1.2.5. Anonymised data;
1.2.6. Permanently de-identified data;
1.2.7. Non-personal statistical information;
1.2.8. Publicly disclosed information in forums or social media.
1.3. Sensitive Personal Information (where applicable):
1.3.1. Financial details (e.g., bank account information);
1.3.2. Biometric data (e.g., facial images);
1.3.3. Credit history or conduct (e.g., defaults, listings).
1.4. From Browsers & Cookies
STATUTE GROUP (PTY) LTD automatically collects internet usage information
(e.g., IP address, browsing patterns). Cookies may be used for
authentication, personalisation, and performance improvement.
1.5. Purpose of Collection
1.5.1. Delivering and improving our legal technology services;
1.5.2. Marketing (in compliance with applicable laws);
1.5.3. Business administration and planning;
1.5.4. Legal and regulatory compliance.
1.6. Consent & Objections
We obtain consent before collecting personal information as required by
law. You may withdraw consent or object to processing by written notice.
2. Use of Personal Information
We use personal information to fulfil our contractual obligations, provide services, and meet
compliance requirements.
3. Disclosure of Personal Information
STATUTE GROUP (PTY) LTD may share information with:
3.1. Service providers assisting in operations;
3.2. Regulators and law enforcement where required;
3.3. Employees who require access for their job;
3.4. Third parties for related services (with appropriate safeguards).
We do not sell personal information.
4. Security
We use secure server environments, encryption, and access controls to protect your
information.
5. Accuracy & Updates
We strive to keep information accurate and up to date. You may request corrections at any
time.
6. Retention
We retain personal information only as long as required for business purposes or by law.
7. Cross-Border Transfers
We do not transfer personal information outside South Africa without your consent.
8. Limitations
STATUTE GROUP (PTY) LTD is not responsible for privacy practices of third-party websites
linked to our platform.
9. Contact
Information Officer: Tania Pinheiro
Email: admin@STATUTE GROUP (PTY) LTD.mobi
Telephone: 068 930 0803
ACCESS TO INFORMATION MANUAL (PAIA)
Prepared in accordance with Section 51 of the Promotion of Access to Information Act 2 of
2000
1. Introduction
This manual assists in requesting access to records held by STATUTE GROUP (PTY) LTD
in terms of PAIA and outlines our processing of personal information in terms of POPIA.
2. Company Details
2.1. Name: STATUTE GROUP (PTY) LTD (Pty) Ltd
2.2. Email: admin@statute.mobi
2.3. Website: www.statute.mobi
3. Records Held
Categories include:
3.1. Company and statutory records;
3.2. Financial records;
3.3. Personnel and HR records;
3.4. Customer and supplier records;
3.5. Policies and contracts;
3.6 Regulatory compliance records.
4. Request Procedure
Requests must be submitted using the prescribed Form C to the Information Officer,
with applicable fees as per PAIA regulations.
5. Grounds for Refusal
Access may be refused to protect:
5.1. Personal privacy of third parties;
5.2. Confidential commercial information;
5.3. Security of persons or property;
5.4. Privileged legal records.
6. Processing of Personal Information
We process personal information for:
6.1. Providing and improving our legal technology services;
6.2. Managing clients, suppliers, and employees;
6.3. Marketing (where lawful);
6.4 Compliance with legislation.
7. Security Measures
We implement administrative, technical, and physical safeguards to protect personal
data.
8. Availability
This manual is available in English on our website and at our offices.
COOKIES POLICY, CONSENT TOOL AND DATA
BREACH POLICY
Cookie Policy
Last updated: 30 August 2025
1. Introduction
This Cookie Policy explains how STATUTE GROUP (PTY) LTD (Pty) Ltd (“STATUTE GROUP
(PTY) LTD”, “we”, “us”) uses cookies and similar technologies on our website and
platform in compliance with the Protection of Personal Information Act, 4 of 2013
(“POPIA”).
By using our website, you agree to the use of cookies in accordance with this policy,
unless you disable them.
2. What are Cookies?
Cookies are small text files placed on your device when you visit a website. They help
the site remember your preferences and improve your browsing experience.
3. Types of Cookies We Use
3.1. Strictly Necessary Cookies – Required for the website to function (e.g., login,
security).
3.2. Performance Cookies – Help us understand how visitors interact with the site
(analytics).
3.3. Functional Cookies – Store your preferences (e.g., language, region).
3.4. Targeting/Advertising Cookies – Deliver relevant ads or track marketing
performance (only with your consent).
4. How We Use Cookies
We use cookies to:
4.1. Authenticate users;
4.2. Store preferences;
4.3. Improve website performance;
4.4. Analyse usage for service improvement;
4.5. Deliver targeted content (if consented to).
5. Managing Cookies
Most browsers accept cookies automatically, but you can change your settings to block
or delete cookies. Blocking some cookies may impact the functionality of our services.
6. Third-Party Cookies
We may use third-party services (e.g., analytics tools) that set their own cookies. These
are subject to their own privacy policies.
2. Cookie Consent Tool Policy
1. Purpose
This policy explains how STATUTE GROUP (PTY) LTD obtains, records, and manages
user consent for cookies and tracking technologies.
2. Consent Process
2.1. On first visit, a cookie consent banner appears explaining:
2.1.1 What cookies we use;
2.1.2. The purposes of each category;
2.1.3. How to accept or reject them.
No non-essential cookies are set until the user gives explicit consent.
3. User Choices
3.1. Accept all cookies;
3.2. Reject non-essential cookies;
3.3. Customise preferences by category.
4. Recording Consent
We store consent logs (IP, date/time, consent selection) securely for at least 2 years.
5. Changing Consent
Users can change cookie settings anytime via the “Cookie Preferences” link on our
website.
3. Data Breach Policy
1. Purpose
To outline how STATUTE GROUP (PTY) LTD will detect, respond to, and report data
breaches in compliance with POPIA.
2. What is a Data Breach?
A security incident where personal information is:
2.1. Accessed without authorisation;
2.2. Lost or stolen;
2.3. Disclosed, altered, or destroyed unlawfully.
3. Responsibilities
3.1. Information Officer oversees breach response;
3.2. All employees must report suspected breaches immediately to the Information
Officer.
4. Breach Response Procedure
Step 1 – Identification & Containment
• Immediately secure systems and prevent further unauthorised access.
Step 2 – Assessment
• Determine what data is affected, the cause, and potential harm.
Step 3 – Notification
• Notify the Information Regulator and affected individuals as soon as reasonably
possible (per POPIA, Section 22).
• Provide details of:
o The nature of the breach;
o Possible consequences;
o Actions taken;
o Recommendations for affected parties.
Step 4 – Remediation
• Fix vulnerabilities and take preventive measures to reduce recurrence.
Step 5 – Record Keeping
• Keep breach logs for at least 5 years for compliance purposes.
5. Training & Awareness
All staff will receive annual training on data protection and breach procedures.
