Terms & Conditions
Standard Terms
These terms and conditions apply to Services provided by POPI.Legal (“POPI.Legal” or “we” or “us”).
Please read these terms and conditions carefully before purchasing Products or Services.
By purchasing ‘Services’ via our website you agree to the terms of this agreement which will bind you.
1. Definitions
1.1 “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
1.2 “Fees” means the fees paid by you to POPI.Legal for the Services.
1.3 “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
1.4 “Services” means the provision of a document template and/or a training course purchased by you through POPI.Legal.
1.5 “Website” means www.popi.legal.
1.6 “you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, outcome, professional qualification or business opportunity from your purchase and delivery of any of the Services.
3. Ordering Services
3.1. In order to purchase any of the Services you must register for an account with us via the Website. If you already have an account with us, you can log into your account using your username and password.
3.2. When you place an order for a Service via the Website you are offering to purchase the Service on these terms and conditions. We reserve the right to cancel or decline your order or any part of your order at any time until it has been confirmed / accepted by us.
3.3. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you, then you are permitted within 5 working days starting on the day after the agreement was concluded, to cancel your purchase of the Services.
4.2. If you have purchased a Service and have already accessed, downloaded all or part of the Service and/or started to use the Service then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of the Service will be at the entire discretion of POPI.Legal.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are inclusive of VAT.
5.3. Fees must be paid in full prior to you accessing the Services.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of legal advice.
6.2. Although POPI.Legal aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.
6.4. POPI.Legal’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Services in relation to which a dispute has arisen.
6.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Services are, and remain, the intellectual property of Fox Legal.
7.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Services without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Services.
(iii) use the Services in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Services.
Breach by you shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Services and the software in respect of the Services.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
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- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards us.
- steal or act in fraudulent or deceitful manner towards us or our employees or any other of our other clients.
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with our Privacy Statement are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
POPI.Legal shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government regulation.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.