Please read through the Terms and Conditions below and if you do not agree with them, we ask that you refrain from using our website and services. Your use of the services indicates your acknowledgment that you have read and accepted these Terms and Conditions without limitation or qualification.
NATURE OF THIS WEBSITE
Our website diyorce.co.za is a place to buy your divorce documents. The site also provides basic information regarding the divorce process in South Africa. None of this information or guidance notes constitutes legal advice.
BUYING SERVICES ON OUR WEBSITE
Details of the prices of the services offered is clearly displayed on the website pages. DIYorce accepts payment by credit card and EFT.
AVAILABILITY OF OUR WEBSITE
Our website is made available but we cannot guarantee that the website will operate continuously or without interruptions or be error free and will accept no liability for its unavailability. We reserve the right to alter suspend or discontinue any aspect of our website or the content and services available including users access to it. Unless otherwise stated any new service or information included on the website shall be subject to these terms and conditions.
Our website and legal services only deal with the law under the jurisdiction of South Africa.
This agreement shall be governed by and construed in accordance with South African law.
INFORMATION YOU PROVIDE
The following applies to any information you provide to us during any registration or ordering process. You authorise us to use store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address to the extent reasonably necessary to provide the services which are available on the website.
Once the service is purchased through the website you will be required to complete the appropriate questionnaires. The information provided by you in questionnaires emails or letters are collected into a file specific to you and shall be referred in these terms and conditions as ‘Personal Information’
You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.
By accepting these terms and conditions you agree to the processing of the personal information for the purposes of providing the service purchased by you. You also agree that the personal information may be used by DIYorce to promote and offer other services suitable for you.
INFORMATION GUIDES AND FORMS
You may not publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by DIYorce. You may download or copy the information contained on the site for your own personal use only.
In no event shall DIYorce be liable for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the documents, this Web site or the support service whether based in contract, tort, strict liability or otherwise. The liability of DIYorce for direct loss arising out of the use of the information and documents, this Web site, and the support service whether based in contract, tort, strict liability or otherwise is limited to the total value of the transactions under which the claim arises for any one event or series of connected events.
DIYorce shall make every effort to ensure that the divorce information and documents are updated regularly to ensure accuracy, but due to the changing nature of the legal system DIYorce strongly suggest you check the content of the website for updated information. However we are not liable for costs or damages arising out of the use of any documents which have been superseded by changes to court documents. We recommend that all documents are used within six months. DIYorce provides the necessary legal documents and information to complete your divorce. Our divorce pack is for information purposes only and does not provide legal advice, we recommend that you take the advice of a solicitor before proceeding.
LIMITATION OF USE
You may only use the documents purchased for your own personal use.
DIYorce make every reasonable effort to dispatch completed documentation to our clients within 48 hours of receiving full information. If further information is required than that provided in the questionnaires, the 48 hour period will run from the time the additional information is received. For the 48 hour service to apply, questionnaires and additional information should be with DIYorce before 5.30pm Monday to Thursday (excluding national holidays) If submitted outside these hours, the documents will be dispatched at the earliest opportunity and within 12 hours of the next full working day.
It is therefore imperative that the questionnaires are completed accurately with exact email and postal addresses otherwise documentation may not be received in the time period stated.
We will respond to your emails and enquiries within 48 hours of receiving the communication. This is providing the communication is received between Monday and Thursday before 5.30pm. (Excluding national holidays). Email communications received outside that time will be responded to within 12 hours of the next full working day.
SUPPORT AND ASSISTANCE
Where we have drafted documents and sent them to you for approval, extra costs will be incurred by you should you amend and/or change these documents in anyway. Please advise us of the required changes by email.
We do not provide legal advice or act for or represent you in any way as we are not attorneys. We do not manage contested or defended matters and our services are only suitable where the parties are amicable and cooperating. You act as litigant in person throughout the proceedings. It is your responsibility to ensure that all documents filed / lodged at court meet the required legal thresholds. You should always seek independent legal advice. Your payment to us is to cover the costs for drafting the documents.
We will refund you within 7 days of purchase providing the documentation and/or questionnaires have not been drafted, emailed or processed. Once the documents have been drafted our liability for refund will cease as we will have been deemed to have started work for you.
Fees charged for fixed fee services is the fee charged for that service as a whole and no refund will be payable should you decide not to proceed with all or part of the service or should the matter become contested or defended.
If an unusable or incorrect email address is provided by the client and documents are not delivered, DIYorce shall not be liable.
CUSTOMER CARE AND THE COMPLAINTS PROCEDURE
DIYorce are very proud of the services we offer and the standard of care taken to ensure all our clients are satisfied with the services provided.
In the event of a complaint, it is our policy to deal with the matter promptly and respond to the client within 36 hours by way of email. You can contact our Customer Services Manager on firstname.lastname@example.org. Should you remain dissatisfied with the service, a telephone number should be provided to enable us to discuss the matter directly. A written response will follow the telephone discussion.
These terms and conditions do not affect your statutory rights whatsoever
DIYorce will protect the identity and privacy of our users and clients. We will not use our clients email address to contact individuals once the service is completed other than in relation to a query from them. Client email addresses are never provided to third parties.
DIYorce make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from DIYorce and that we have no control over the content or availability of that website. In addition a link to any other site does not mean that DIYorce endorses or accepts any responsibility for the content or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
We reserve the right to charge administration fees where extra services need to be provided to you over and above the scope of any of our fixed fee services. Fixed fees cover our services were all parties are cooperating fully with the process and no other work other than the standard divorce process is required. Should you request the matter to be put on hold and/or you fail to take steps to progress your divorce for a period of 3 months or further fees may apply.
GENERAL LIABILITY DISCLAIMER
In no event shall DIYorce be liable for any indirect incidental special damages arising out of or in any way connected with the use of the information or documents provided on our website or for the support offered whether based in contract, tort strict liability or otherwise. The liability for direct loss arising out of the use of the documents on this website and the support offered is limited to the total value of the purchase under which the claim is made.
In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause.
We ensure that all products/services purchased from our website will be in accordance with your written instructions. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products/services, our website or any information or service provided through our website. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an ‘as is’ basis. The provisions of this clause do not affect your statutory rights.
In relation to the purchase of products/services, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, or business whether direct or indirect however caused. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use or website and is compatible with our website.
You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them provided that our agreement is capable of performance without the said, illegal or unenforceable term.
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.