LEGALLINK

1. INTRODUCTION AND ACCEPTANCE

1.1 These Terms and Conditions (the “Terms”) govern access to and use of the LEGALLINK website, mobile site, applications and related services (collectively, the “Platform”). LEGALLINK is a division of Babel Linkers (Registration No. [●]), a company/business duly established under the laws of the Republic of South Africa, with its principal place of business at [●], Western Cape (“LEGALLINK”, “we”, “us” or “our”).

1.2 By registering an account, clicking “I Accept”, making a payment or otherwise using the Platform, you confirm that you have read, understood and agreed to be bound by these Terms, the LEGALLINK Privacy Policy and any additional rules published on the Platform, all of which form part of a binding agreement between you and LEGALLINK.

1.3 If you do not agree to these Terms, you must not register for, access or use the Platform.

1.4 Attention is drawn to clauses 6, 7, 9, 13, 19 and 20, which limit liability and address risk and indemnity. These provisions have been brought to your attention and are intended to be fair and reasonable.

2. DEFINITIONS AND INTERPRETATION

2.1 For purposes of these Terms:

• (a) Attorney means a natural person admitted/enrolled attorney in South Africa, registered with the Legal Practice Council (“LPC”), holding a valid Fidelity Fund Certificate where required, and subscribing individually.
• (b) Law Firm means a legal practice, incorporated practice or juristic entity lawfully conducting legal practice under the Legal Practice Act 28 of 2014 (“LPA”), and subscribing as a firm.
• (c) Legal Professional means an Attorney or Law Firm.
• (d) Client means a natural or juristic person registered to search the directory and submit Connect Requests.
• (e) Connect Request means a single request from a Client to one selected Legal Professional.
• (f) Connect Bundle means a prepaid package of 3 Connect Requests purchased for the Client Fee.
• (g) Client Fee means ZAR 376.00 for each Connect Bundle.
• (h) Subscription means annual paid membership for directory listing and Connect Requests.
• (i) Subscription Fee means ZAR 349.90 per year for an Attorney and ZAR 754.90 per year for a Law Firm.
• (j) Business Day means any day other than Saturday, Sunday or a public holiday in South Africa.
• (k) User means a Client or Legal Professional.

2.2 Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. “Including” means including without limitation. No provision shall be interpreted against the party responsible for drafting it.

2.3 All amounts are stated in South African Rand (ZAR) and are inclusive of VAT where Babel Linkers is a registered VAT vendor and VAT is applicable.

3. NATURE OF PLATFORM

3.1 LEGALLINK is a digital directory and introduction service only, enabling Clients to locate Legal Professionals and facilitating professional introductions. The Platform is intended to be available 24/7, subject to clause 15.

3.2 LEGALLINK is not a law firm or legal practitioner, does not practise law, and does not employ, partner with, supervise or control Legal Professionals. Independent practitioners are solely responsible for the legal services they provide.

3.3 LEGALLINK is not a party to any mandate, engagement, retainer or fee agreement between a Client and a Legal Professional. The relationship is directly between the Client and Legal Professional and is subject to the LPA and applicable Code of Conduct.

3.4 A listing does not constitute an endorsement, recommendation, guarantee or certification of competence, experience, availability, fees or outcome.

3.5 Fees charged by LEGALLINK are flat fixed charges for access and introduction. They are not commissions, referral fees or a share of legal fees, and LEGALLINK has no entitlement to legal fees charged by Legal Professionals.

4. ELIGIBILITY AND REGISTRATION

4.1 A Client must be at least 18 years old and have legal capacity, or be a juristic person represented by an authorised representative. Persons under 18 may use the Platform only through a parent or legal guardian.

4.2 A Legal Professional must lawfully practise in South Africa and provide LPC registration, a Fidelity Fund Certificate where applicable, practice details, and firm registration or authority when requested.

4.3 Registration information must be true, accurate, current and complete. Users must update information when it changes. LEGALLINK may verify information and may refuse, suspend or revoke an account where verification fails or misrepresentation is suspected.

4.4 A Legal Professional must immediately notify LEGALLINK if their right to practise is suspended, restricted, struck off or otherwise affected, or if a disciplinary finding relevant to their participation occurs. LEGALLINK may remove or suspend the relevant listing.

5. ACCOUNT SECURITY

5.1 Each User is responsible for maintaining the confidentiality of account credentials and for all activity occurring under their account.

5.2 Users must notify LEGALLINK immediately through the contact details in clause 26 if they become aware of unauthorised access. LEGALLINK is not liable for loss resulting from a User's failure to keep credentials confidential.

6. CLIENT FEES AND CONNECT REQUESTS

6.1 Client registration is required. The Client Fee is R376.00 per Connect Bundle, comprising 3 Connect Requests.

6.2 Each Connect Request consumes one request from the Connect Bundle, except as provided in clause 6.4. Requests may be directed to different Legal Professionals.

6.3 The Client Fee is payable in advance and in full before activation. Additional Connect Bundles may be purchased at the then-published fee.

6.4 If a Legal Professional declines a Connect Request or fails to respond within 5 Business Days, LEGALLINK will credit one Connect Request back to the Client so that the Client may redirect it.

6.5 Unused Connect Requests remain valid for 36 months and then lapse without refund, subject to the Consumer Protection Act (“CPA”) where applicable. Connect Requests have no cash value and are non-transferable.

6.6 The Client Fee is solely for access and introduction. It excludes legal professional fees, disbursements and other legal costs. Clients must agree fees directly with the Legal Professional and are encouraged to obtain a written estimate and mandate in accordance with the LPA.

7. SUBSCRIPTIONS FOR ATTORNEYS AND LAW FIRMS

7.1 The annual Subscription Fee is R349.90 for an Attorney and R754.90 for a Law Firm, payable in advance for a 12-month period.

7.2 A Subscription entitles the Legal Professional to a directory profile, receipt of Connect Requests and account tools. A Law Firm subscription covers the listing and practitioners nominated by the firm, up to the published limit.

7.3 Subscriptions automatically renew for successive 12-month periods at the then-current fee unless cancelled in accordance with clause 9. LEGALLINK will provide a renewal reminder at least 20 Business Days before renewal, subject to the CPA.

7.4 Subscriptions may not be shared. Subscribers may not represent non-practitioners as Legal Professionals or provide benefits to unlisted practitioners through the subscription.

8. PAYMENTS, INVOICING AND TAXES

8.1 Payments may be processed through third-party payment providers. Users authorise the applicable payment processing and acknowledge that LEGALLINK does not store full card details.

8.2 Users warrant that their payment method is valid and authorised. A reversed payment, chargeback, declined transaction or bad-faith payment dispute may result in suspension and recovery of the amount due, together with reasonable collection costs.

9. CANCELLATION, REFUNDS AND COOLING-OFF

9.1 Where applicable under the Electronic Communications and Transactions Act (“ECTA”), consumers may cancel an electronic purchase within 7 days without reason or penalty. If a Connect Request has already been submitted, the service for that request is deemed rendered with the User's consent and is non-refundable. Unused Connect Requests falling within the cooling-off period will be refunded within 30 days where required.

9.2 Outside the cooling-off period, payments are non-refundable except where the Platform failed due to LEGALLINK's fault or where applicable law requires a refund.

9.3 A Legal Professional may cancel renewal by written notice or through account settings at least 10 Business Days before renewal. The Subscription will end at the conclusion of the current subscription period, with access retained until then.

9.4 A Subscription is non-refundable after commencement, except that an initial registration payment may be cancelled within 7 days where no Connect Requests have been received and to the extent ECTA requires a refund.

9.5 No refund is payable where suspension or termination results from a User's breach of these Terms.

10. THE CONNECT REQUEST PROCESS

10.1 The Client selects a Legal Professional, provides an accurate brief describing the matter and specifies a preferred contact method.

10.2 LEGALLINK transmits the Connect Request to the selected Legal Professional. The Legal Professional may accept or decline. Upon acceptance, applicable contact details are exchanged.

10.3 Users must limit information provided through the Platform to information reasonably necessary for the introduction. Users should not upload confidential documents, evidence or privileged material unless a secure feature expressly provided for that purpose is available.

10.4 Legal Professionals must acknowledge or respond to Client information within 5 Business Days and must treat Client information confidentially whether or not a mandate is ultimately accepted.

11. PROFESSIONAL OBLIGATIONS OF LEGAL PROFESSIONALS

11.1 Each Legal Professional must:

• (a) maintain valid LPC registration and a Fidelity Fund Certificate where applicable, together with professional indemnity cover where required;
• (b) comply with the LPA, applicable rules and Code of Conduct, including requirements relating to advertising, touting, fees, trust accounting and conflicts of interest;
• (c) maintain truthful and non-misleading profiles and professional advertising and must not make unsubstantiated claims regarding specialisation, rankings or results;
• (d) exercise independent professional judgment and accept or decline matters in accordance with professional duties;
• (e) not pay, offer or accept any fee, commission or reward for introductions other than the applicable Subscription Fee.

11.2 Legal Professionals are solely responsible to their Clients, the LPC, the Fidelity Fund and applicable regulatory bodies for their conduct, professional services, quality and outcomes.

12. CLIENT OBLIGATIONS AND ACCEPTABLE USE

12.1 Clients must use the Platform in good faith for legitimate legal assistance and provide accurate information.

12.2 Clients must not:

• (a) engage in unlawful, fraudulent, defamatory, harassing, abusive or discriminatory conduct;
• (b) submit false, frivolous or repetitive requests or unrelated solicitations;
• (c) scrape, copy, harvest or systematically extract information from the Platform or use bots or scripts;
• (d) interfere with, overload, reverse engineer or obtain unauthorised access to the Platform;
• (e) impersonate another person or make a misrepresentation or infringe another person's rights;
• (f) act contrary to the Cybercrimes Act 19 of 2020 or any other applicable law.

13. NO LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP WITH LEGALLINK

13.1 Nothing on the Platform constitutes legal advice. Information provided by LEGALLINK is general information only.

13.2 Use of the Platform, submitting a request or communicating through the Platform does not create an attorney-client relationship between the User and LEGALLINK. Any professional relationship exists only between the Client and the Legal Professional pursuant to an applicable mandate.

13.3 LEGALLINK staff are not authorised to advise Clients about the merits of a matter or recommend a particular Legal Professional. Clients are responsible for making their own informed decisions.

14. DIRECTORY CONTENT AND ACCURACY

14.1 Legal Professionals are solely responsible for the accuracy of their profiles. LEGALLINK does not independently verify every statement and does not warrant that profile information is accurate, complete or current.

14.2 LEGALLINK may edit, reformat, relocate or remove content that is non-compliant or inaccurate and may display listings according to neutral criteria such as location, practice area, availability or language.

14.3 Legal Professionals grant LEGALLINK a non-exclusive, royalty-free licence to display their name, logo, practice details and profile information during the applicable Subscription period.

15. AVAILABILITY

15.1 LEGALLINK will use reasonable efforts to make the Platform available 24/7, but does not guarantee continuous, uninterrupted or error-free operation.

15.2 Availability may be affected by maintenance, upgrades, security incidents, power interruptions, load-shedding, telecommunications failures, internet problems, third-party services, system load or other matters beyond LEGALLINK's reasonable control. Planned maintenance will be notified in advance where reasonably possible.

15.3 The reference to a 24/7 Platform means that request submission functionality may be available continuously. It does not mean that Legal Professionals are available or required to respond outside their business hours.

16. INTELLECTUAL PROPERTY

16.1 All rights, title and interest in the Platform, including its software, design, layout, database, text, graphics and the LEGALLINK and Babel Linkers names, logos and trademarks, vest in Babel Linkers or the relevant licensors or partners and are protected by applicable law.

16.2 Users receive only a limited, revocable, non-exclusive and non-transferable right to access and use the Platform for its intended purpose.

17. PRIVACY AND POPIA

17.1 LEGALLINK processes personal information in accordance with POPIA and the LEGALLINK Privacy Policy. LEGALLINK is responsible for personal information collected through the Platform to the extent applicable under POPIA.

17.2 LEGALLINK may collect and process names, identity or registration numbers, contact details, payment confirmations, practice information and Connect Request content for registration, verification, directory management, introductions, billing, fraud prevention, regulatory compliance and Platform improvement.

17.3 Clients consent to the disclosure of their Connect Request and relevant contact information to the selected Legal Professional. Legal Professionals become responsible parties in relation to personal information they receive and must process such information in accordance with POPIA and applicable confidentiality duties.

17.4 LEGALLINK will implement reasonable technical and organisational measures appropriate to its operations to protect personal information. Information may be shared with hosting providers, payment providers, professional advisers or authorities where required by law, subject to appropriate confidentiality and security obligations.

17.5 Data subjects may request access, correction or deletion of personal information, object to processing or withdraw consent through the Information Officer identified in clause 26, subject to applicable retention requirements. A complaint may also be made to the Information Regulator.

18. ELECTRONIC COMMUNICATIONS

18.1 Users consent to receiving communications by email, SMS, in-app notification and other Platform communications as necessary for the operation of the service. Such communications may satisfy applicable writing requirements under ECTA.

18.2 Electronic records, click acceptance and payment confirmations are valid and binding evidence of the relevant transaction or acceptance, subject to applicable law.

19. DISCLAIMERS AND LIMITATION

19.1 To the fullest extent permitted by law, the Platform is provided “as is” and “as available”. LEGALLINK does not warrant the quality, suitability, accuracy or outcome of services provided by Legal Professionals or that the Platform will be uninterrupted or error-free.

19.2 LEGALLINK is not liable for acts, omissions, advice, negligence, misconduct, delays, fees, losses or damage arising from dealings between Clients and Legal Professionals, including reliance on a directory listing.

19.3 To the fullest extent permitted by law, LEGALLINK is not liable for indirect, incidental, special or consequential loss or for lost profit, revenue, business, goodwill, data or opportunity.

19.4 To the fullest extent permitted by law, LEGALLINK's aggregate liability to a User shall not exceed the total amount actually paid by that User to LEGALLINK during the preceding 12 months.

19.5 Nothing in these Terms excludes liability for gross negligence, fraud, wilful misconduct or liability that cannot lawfully be excluded, including liability under section 61 of the Consumer Protection Act. No provision constitutes a waiver of rights granted by the CPA.

20. INDEMNITY

20.1 Each User indemnifies and holds harmless LEGALLINK, Babel Linkers, their directors, members, employees and agents against claims, losses, damages, liabilities, costs and expenses, including reasonable legal costs on an attorney-and-own-client scale, arising from:

• breach of these Terms;
• User content;
• unlawful conduct;
• infringement of third-party rights; or
• professional services, advertising or breaches of applicable professional rules by a Legal Professional.

21. SUSPENSION/TERMINATION

21.1 LEGALLINK may suspend or terminate access, with or without notice where appropriate, for breach of these Terms, false information, fraud, abuse, a regulatory sanction affecting a Legal Professional's right to practise, non-payment or where required by law.

21.2 Users may close their accounts subject to clause 9. Closing an account does not create a refund except where provided by these Terms or applicable law.

21.3 Termination ends access and may remove directory listings. Unused Connect Requests are forfeited unless termination results from LEGALLINK's own breach, in which case a pro-rata refund may be provided where appropriate.

22. COMPLAINTS/DISPUTE

22.1 Complaints concerning the Platform or LEGALLINK service must be submitted in writing using the contact details in clause 26. LEGALLINK will acknowledge a complaint within 5 Business Days and endeavour to resolve it within 30 days.

22.2 Complaints concerning professional conduct should be submitted to the LPC or other competent regulatory body. LEGALLINK does not adjudicate disputes between Clients and Legal Professionals but may pass a complaint to the relevant professional or regulatory body.

22.3 An unresolved dispute between a User and LEGALLINK will first be addressed through good-faith negotiation for 30 days. Thereafter, the parties may agree to mediation or arbitration through AFSA or another agreed body.

23. AMENDMENTS

23.1 LEGALLINK may amend these Terms to reflect changes in law, the Platform, business operations or services. Material amendments will be notified through email or the Platform at least 30 days before their effective date where reasonably required.

24. GENERAL

24.1 These Terms, together with the LEGALLINK Privacy Policy and applicable Platform policies, constitute the entire agreement governing use of the Platform.

24.2 If any provision is found to be invalid or unenforceable, the remaining provisions remain in effect.

24.3 No waiver of a provision is effective unless expressly made by the party entitled to the benefit of that provision.

24.4 Users may not assign their rights or obligations under these Terms without LEGALLINK's prior written consent where such consent is required.

24.5 Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between LEGALLINK and a User.

24.6 LEGALLINK's domicilium address is the physical address specified in clause 26. A User's domicilium is the email or physical registration address supplied by that User. Email communications are deemed received on the first Business Day after transmission unless the sender receives notice of delivery failure.

24.7 These Terms are governed in English. Any translation is provided for convenience and, to the extent of any inconsistency, the English version governs.

25. GOVERNING LAW

25.1 These Terms are governed by the laws of the Republic of South Africa.

25.2 Subject to clause 22 and applicable rights under the CPA, the parties submit to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town, or the applicable Magistrates' Court.

26. CONTACT DETAILS