LABOUREXCEL WEBSITE TERMS AND CONDITIONS
EFFECTIVE 01 JANUARY 2022

(PLEASE READ THE WEBSITE TERMS AND CONDITIONS OF USE BEFORE CONTINUING TO BROWSE THE WEBSITE).

THE USE OF THIS WEBSITE IS GOVERNED BY THE TERMS AND CONDITIONS STIPULATED BELOW. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS, INCLUDING ANY PRIVACY STATEMENTS (WHICH ARE DEEMED TO BE INCORPORATED IN THE TERMS AND CONDITIONS) THAT APPEAR ON THIS WEBSITE INCLUDING ANY AMENDMENTS THERETO.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY CEASE BROWSING THIS WEBSITE.

WELCOME TO LABOUREXCEL!

This Agreement (“Terms”) sets out the terms and conditions that govern your use of DB Labour CC (t/a) LabourExcel products and services (such as website services and/or products), as well as any other services and/or products offered by LabourExcel, directly or via our online store. We hope that you find this information helpful.

  1. By agreeing to these Terms, you also consent to the following policies applicable to, and accessible on, our websites (including the website at https://labourexcel.co.za/, and such other URLs that we may indicate from time to time (“Website/s”)), which are incorporated by reference into these Terms: Privacy Policy, Website Terms of Use, and any other policy as is made available on our Websites from time to time (“Policies”).
  2. If your service and/or product is being paid for by a third party (such as a sister company), then you will be bound by all provisions in these Terms (including payment provisions), however we may enter into a separate agreement with the aforesaid to govern payment for the services and/or products on your behalf, as well as to govern the receipt of certain information in relation to your completion of the services and/or products.
  1. Introduction

    1. This website can be accessed at https://labourexcel.co.za/, related mobile-sites and software applications (the “Website”) and is owned and operated by DB Labour CC (t/a) LabourExcel (“LabourExcel”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of services and/or products and the use of the Website and our online store.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now/Sign Up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to conduct online purchases for an extensive range of services and/or products and/or products including but not limited to Labour Law, HR, Legal and Business Services and more (“Services”).
    5. LabourExcel utilises third-party service providers to assist in the delivery/completion of certain services on the Website (each a “Third Party Seller”). Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from LabourExcel. This will be made clear in the relevant clause.
  1. Important Notice

    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of LabourExcel or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify LabourExcel or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask LabourExcel to explain it to you before you accept the Terms and Conditions or continue using the Website.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or LabourExcel in terms of the CPA.
    6. LabourExcel permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  1. Copyright & Ownership

    1. All content included on this Website, including any material, information, data, software, icons, text, graphics, logos, button icons, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, digital downloads, data compilations, software and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law.
    2. The Website Content is the exclusive property of LabourExcel, its advertisers and/or sponsors and/or is licensed to LabourExcel with copyright authorship over the Website Content by LabourExcel and protected by international copyright laws. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. By making use of our website and/or purchasing from our online store the user expressly agrees to be bound by the following copyright restrictions.
      1. Any unauthorised use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
      2. Any unauthorised duplication and/or distribution of service and/or products and/or any information contained therein, will be deemed unlawful and will constitute a breach of the copyright restrictions and LabourExcel will reserve the right to enforce their rights accordingly.
      3. The user expressly agrees and acknowledge that this website will be subject to continues development as new information or legislative updates become available.
      4. LabourExcel have incorporated a unique code to create traceability of documents/templates and to determine the source should unlawful distribution take place.  As such any unlawful distribution of LabourExcel property will create liability for any loss of income against the unlawful distributor and any other losses that may stem from the unlawful distribution of LabourExcel’s property.
      5. The User expressly agree that due to the legal nature of most services and/or products offered by LabourExcel, any unlawful distribution of LabourExcel property could result in damages for the incorrect use by the unlawful receiver and that such liability and the risks associated thereto will vest with the unlawful distributor of the property.
      6. Where any of the Website Content has been licensed to Company Partners or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  1. Registration of membership account and use of website

    1. Only registered users may purchase services and/or products on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to LabourExcel. You will need to use your unique username and password to access the Website in order to purchase services and/or products. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
    3. LabourExcel and its associates reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.
    4. You agree and warrant that your username and password shall:
      1. be used for personal and/or business use only; and
      2. not be disclosed by you to any third party.
    5. For security purposes you agree to enter the correct username and password whenever ordering services and/or products, failing which you will be denied access.
    6. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    7. You agree to notify LabourExcel immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    8. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    9. You agree that you will not in any way use any device, software or another instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised LabourExcel representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    10. You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    11. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company Partners representative.
  1. Conclusion of sales and availability of stock

    1. Registered users may place orders for services and/or products and/or a combination of service-related products, which LabourExcel or the Third-Party Seller may accept or reject. Whether or not LabourExcel or the Third-Party Seller accepts an order depends on the availability of services and/or products, correctness of the information relating to the services and/or products (including without limitation the price) and receipt of payment or payment authorisation by LabourExcel for the services and/or products.
    2. NOTE: LabourExcel or the Third-Party Seller will indicate the acceptance of your order by delivering the services and/or products by electronic means to you or allowing you to collect them by electronic means, and only at that point will an agreement of sale between you and LabourExcel or the Third-Party Seller come into effect (the “Sale”). This is regardless of any communication from LabourExcel that your order or payment has been confirmed. LabourExcel will indicate the rejection of your order (by LabourExcel itself or the Third-Party Seller) by cancelling it and, as soon as possible thereafter, crediting the amount to your profile or refunding you for any amount already paid, where applicable.
    3. Prior to delivery or your collection of the services and/or products, you may cancel an order at any time provided you do so before receiving a dispatch email or delivery notice. After delivery or your collection of the services and/or Products, you may return the services and/or Products only in accordance with the Returns Policy.
    4. You acknowledge that stock of all services and/or products on offer are limited and that pricing may change at any time without notice to you. In the case of services and/or products for sale by LabourExcel, LabourExcel will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When services and/or products are no longer available after you have placed an order, LabourExcel will notify you and you will be entitled to credit, or a refund of any amount already paid by you for such services and/or products. 
    5. In the case of services and/or products for sale by a Third-Party Seller, LabourExcel relies on inventory information supplied by the relevant Third-Party Seller and LabourExcel accordingly bears no liability for any inaccuracies in the information supplied to it.Consequently, should you order any services and/or products from a Third-Party Seller which are in fact sold-out, any resulting dispute should be resolved as set out in these Terms and Conditions.
    6. Certain services and/or products may not be purchased for resale. Should we suspect that any such services and/or products are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
    7. LabourExcel, within its sole discretion, will retain the right to recuse themselves without penalty or loss of fees for work completed where a conflict of interest exist between any of our clients. 
  1. Payment

    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the services and/or products are for sale by LabourExcel or a Third-Party Seller, payment can be made for the via –
      1. credit card via payfast: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the services and/or products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the services and/or products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      2. direct bank deposit or electronic funds transfer into our bank account if you pay via direct bank deposit or electronic funds transfer, payment must be made within 48 hours of placing your order and must clear in LabourExcel account before delivery. LabourExcel will not accept and/or proceed with your order if payment has not been received in good order;
      3. LabourExcel Vouchers;
      4. Mobicred: is a simple & convenient credit facility available to our clients, that allows you to safely shop online by concluding a credit agreement which is repaid on a monthly basis in accordance with Mobicred’s terms and conditions . Kindly visit https://www.mobicred.co.za/ for further details
    3. Kindly provide us with proof of payment – accounts@excelvg.co.za. Once we have received your proof of payment, you will be notified via email.
    4. You may contact your friendly and professional consultant to obtain a full record of your payment. We will also send you email communications about your order and payment.
  1. Delivery of services and/or products

    1. LabourExcel offers 3 (three) methods of delivery of services and/or products to you. You may elect delivery via:
      1. electronic data message [e.g., electronic mail].
      2. Courier [subject to additional charges and nature of the service and/or products]; or
      3. Collection from our office situated in Durbanville. Additional arrangements to be made.
    2. Where completion of your order is solely within the hands of LabourExcel and LabourExcel accepts your order, LabourExcel will deliver the services and/or products to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”) and subject to no third -party supplier or contributor being involved in delivering said service and/or product. We will notify you if we are unable to deliver the services and/or products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the services and/or products. If you elect to cancel your order, we will reimburse you for the purchase price less any applicable costs incurred.
    3. Where completion of certain service and/or products are dependent upon third party suppliers or contributors (e.g., master office for trust registration), LabourExcel cannot guarantee completion within a set period and therefore cannot be liable for any delays outside of LabourExel control or the indicated delivery period.
    4. The period required to deliver certain service or products may vary. The estimated period for each service or product will be recorded under the services or products description. However, its expressly recorded that the period recorded under the service or product description shall be an estimate and therefore remain subject to the provisions of paragraph 7.2 & 7.3 above.
    5. LabourExcel obligation to deliver a service and/or product to you is fulfilled when we deliver the said service and/or product to the physical or electronic address nominated by you for delivery of the order. LabourExcel is not responsible for any loss or unauthorised use of a service and/or product after it has delivered the service and/or product to the physical and/or electronic address nominated by you.
    6. Unless the specific product description indicate otherwise, all our products and/or services can be categorized into two  lines, premium and budget. The budget line of products and/or services are basic and the extend of these products are limited and therefore lower in pricing. Premium products are more extensive in nature and will not only include what you buy but also have an element of how to use it and as such available at a higher or premium pricing model. 
  1. Errors

    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and charges of services and/or products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
    2. LabourExcel shall not be bound by any incorrect information regarding our services and/or products displayed on any third-party websites.
    3. Occasionally there may be information on our site or in the service and/or product that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping, charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service and/or product or on any related website including social media is inaccurate at any time without prior notice (including after you have submitted your order).
  1. Complaints

    1. If you have a complaint about the services or products provided by us, please get in touch with us via info@labourexcel.co.za.
  1. Refunds

    1. This policy applies to the return of services and/or products bought from us, DB Labour cc (t/a) LabourExcel (“LabourExcel”) by you (“the consumer”).
    2. Due to the instructional and/or digital nature of our service and/or products, our refund policy will be limited to the following instances:
      1. Cancellation of service-related instructions purchased as a result of direct marketing and cancelled within 5 days from placing the order/purchase and prior to delivery/commencement of said instruction. Any services delivered during this time will be levied at our normal ad hoc rate of R1500 per hour excl. VAT.
      2. Electronic and downloadable products will only be refunded if cancellation request is received ‘prior to delivery and such refund shall exclude any costs related to preparing the instructed service/product.
      3. If delivery of the ordered service and/or product was solely in the hands of LabourExcel and LabourExcel was unable to deliver said service and/or product within the delivery period and have notified you of such and you have elected to cancel the service and/or product within seven days of receiving said notice, LabourExcel will reimburse you for the purchase price less any applicable costs incurred.
      4. You must ensure that you present your original tax invoice or other proof of purchase when returning services and/or products and the amount to be refunded shall not exceed the purchase amount.
    3. Services and/or products incorrectly purchased shall not be refunded.
    4. Services and/or products where completion (delivery) is dependent upon third party suppliers or contributors and of which delivery is delayed as a result of the third party, irrespective of the timed lapsed, shall not be refunded.
    5. Where services and/or products in question are not defective or where you do not have a statutory right to return products, LabourExcel may, in its sole and absolute discretion, elect to accept returns and replace the services and/or products in question or refund the consumer. Where LabourExcel does so, this is done so in good faith. It is not an admission of liability, nor should it be taken as an acknowledgment that the LabourExcel will accept similar returns on the same basis in the future.
    6. LabourExcel is only bound to accept the return of services and/or products when it is required to do so in terms of relevant law, including in terms of the Consumer Protection Act 68 of 2008. In any other case, LabourExcel:
      1. does so in its sole and absolute discretion in each instance; and
      2. may, in its sole and absolute discretion, elect whether to replace the services and/or products or refund the consumer.
    7. Collection or acceptance of refunded / returned services and/or products by LabourExcel, even where the consumer believes it has a statutory right to return services and/or products, does not constitute acceptance of liability by the LabourExcel.
    8. In relation to the quality and/or durability of products and/or service, please note that they will not be considered defective if:
      1. the consumer been expressly informed that the service and/or products were offered in a specific condition; and
      2. the consumer has expressly agreed to accept the products in that condition, or knowingly acted in a manner consistent with accepting the products in that condition
      3. the service and/or product become outdated and/or incorrect due to legislative amendments or because of legal precedent.
    9. Returns for products purchased as a result of direct marketing;
      1. LabourExcel will accept returns of services and/or products purchased because of direct marketing by LabourExcel provided that you notify LabourExcel of your intention to return the services and/or products within 5 business days after purchasing the services and/or products and prior to delivery of said service and/or product.
    10. Other returns related to products only;
      1. LabourExcel will accept returns where you were not given a reasonable opportunity to examine or inspect products prior to delivery and you reject the products on the basis that they are not of the type or quality reasonably contemplated or do not conform with the agreed specifications in the case of custom-made or special-order products.
      2. LabourExcel will accept returns where the products ordered are not suitable for their intended specified purpose (provided that the specified purpose was communicated to us, and we agreed to supply the products on that basis); and provided that in all cases the products are returned to us within 10 business days after delivery.
      3. In all instances relating to the return of products, Company Partners may impose a reasonable charge where:
      4. the products are not in their original condition – i.e., damaged packaging, partially consumed and/or that are not in a saleable condition;
      5. the products returned in boxes or packaging that have been re-marked, damaged or defaced in any way, including price stickers; or
      6. the products have been depleted or consumed in excess of the amount reasonably necessary to determine that the products were unacceptable.
  1. Gift Vouchers & Coupons

    1. LabourExcel may from time to time make physical or electronic gift vouchers and/or Coupons (“Vouchers”) available for use on the Website towards the purchase of LabourExcel services and/or Products. Vouchers only are redeemed while they are valid, and their expiry dates cannot be extended.
    2. Gift Vouchers
      1. Gift Vouchers that are purchased by registered users are valid for 3 years after sale. Gift Vouchers that LabourExcel gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
      2. Gift Vouchers cannot be used to purchase other Vouchers. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
      3. LabourExcel is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher after it has delivered the Voucher to you, or the email address nominated by you.
    3. Coupons
      1. There are two types of Coupons or Coupon Code’s: a Coupons with a fixed amount of a discount, e.g. R50 off and a Coupon with a percentage discount, e.g. 15% off
      2. Coupons are issued in LabourExcel sole discretion, and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
      3. As a general rule, and unless specified otherwise on the specific Coupon itself:
        1. each Coupon can only be used once;
        2. only one Coupon can be used per order;
        3. only one Coupon can be used on the Website per person per promotion/campaign;
        4. Percentage Coupons may only be redeemed on purchases with a total cart value of not less than R100.
        5. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making the payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
        6. a Coupon must be used at check-out – it cannot be used later on existing orders; and
        7. the value of the Coupon will be set off against the value of your order and the balance remaining, if any, will be payable by you.
      4. Coupons cannot be used to purchases Vouchers and cannot be exchanged or refunded for cash or credit. LabourExcel is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
      5. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by LabourExcel, before you are able to use a Coupon.
  1. Promotions and discounted services and/or Products

    1. From time to time, we may offer certain promotional services and/or products at discounted prices as part of a Promotion, or a Bundle Deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scopeof a Deal, you will pay the discounted price for that product (the “Deal Price”).
    2. However, if you buy a product in a manner that fallsoutside of the scope of a Deal, then you will pay the then-current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
    3. For example: if you buy more than one service and/or product in a promotion or Bundle deal, you will pay the Deal Price for the first service and/or product, but the Normal Price for all services and/or products thereafter. Alternatively, if you buy a service and/or product in combination with any other service and/or product that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
      1. By purchasing any Deal, you are also automatically opting in for our newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Products purchased.
    4. Bundle Deals
      1. We may from time to time offer bundle deals for sale under on the Website. Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
      2. Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component service and/or product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
  1. Virtual Consultations

    1. Virtual Consultations are offered as a service under a number of LabourExcel divisions. Upon purchase LabourExcel will receive an email notification whereafter the purchaser will be contacted within 5 business days (as with any product delivery takes time) by the applicable department to schedule the purchased consultation (the purchaser will receive two proposed dates and time slots or alternatively can propose two alternate dates and time slots to determine availability on LabourExcel end.)
    2. Once a date and time have been confirmed, the purchaser will only be able to move said scheduled virtual consultation once and subject to giving LabourExcel at least 24 hours prior notice via email. Should the purchaser fail to reschedule with 24 hours’ notice or fail to attend the consultation for any reason the service would be deemed delivered and the purchaser will not be entitled to a refund or reschedule.
    3. Loadshedding is a reality of living in South Africa and should the virtual consultation appointment be interrupted by loadshedding on the end of LabourExcel, the remaining time of the consultation will be rescheduled with reasonable notice.
    4. Virtual Consultations will be limited to the time purchased and all-time, including waiting time by LabourExcel consultant for the meeting to commence, will be deemed part of the consultation. Upon nearing the end of the time purchased the purchaser will be reminded by the relevant consultant that a minute or two is remaining on the time and that at the applicable time the meeting will be ended irrespective of whether the advice or questions have been concluded.
    5. The purchaser can indicate whether they would like to book another follow up consultation and such follow up consultation must be purchased via our shop.
    6. Virtual Consultation booking slots will be available Monday – Fridays from 08h00 to 16h00 and excluding Saturdays, Sundays and Recognised South African Public holidays.
    7. Emergency Virtual Consultations (EVC) can be purchased where the meeting will be scheduled with priority during our office hours as soon as reasonably possible. The EVC pricing will differ from other virtual consultations.
    8. It is expressly agreed that accurate advice will depend on several factors such as presentation of the merits of each matter, supporting documentation etc. The purchaser is expressly made aware that further consultation time may be required for review of all the facts before the consultant will be able to provide feedback. The extent of the advice will depend on the facts presented and therefore LabourExcel cannot be held liable for advice given where not all the facts were presented or where the facts were not correctly presented.
    9. The platforms in order of preference used for virtual consultations are ZOOM, TEAMS and GOOGLE MEET. It is expressly agreed that LabourExcel is exempt from any and/or all liability from using these platforms and any damages suffered by the user as a result of using these platforms are therefore at the user’s own risk.
    10. No virtual consultation will proceed before the purchase amount is reflective within our account.
    11. Employees purchasing virtual consultations will be required to disclose the details of their current employer or the employer against whom the advice is being obtained. 
  1. Third-Party Suppliers or Contributors

    1. Due to the legal and/or business nature of certain services and/or products, the instruction can only be completed with the contribution for third-party suppliers or contributors. An example would be if a customer purchases a Trust from LabourExcel. The trust advice, deed compilation and administration portion of the instruction will be completed by LabourExcel and fall fully in the scope of their services, however the registration process fall outside of LabourExcel scope and rests within the jurisdiction and scope of the Master of the High Court (third-party supplier or contributor). The instruction can therefore only be completed once the registration with the Master office is finalised.
    2. Due to the involvement of Third-Party Suppliers or Contributors with certain services and/or products LabourExcel can only guarantee the timeous of completion within the delivery period for the portion of the instruction falling within their scope. LabourExcel cannot estimate the time required or guarantee delivery periods for Third-Party Suppliers or Contributors to complete their portion of the instruction.
    3. As user or purchaser, you expressly agree that once LabourExcel have completed the portion of the instruction within their scope, no refunds as per paragraph 9.4 will be payable as the service and/or product will be considered completed and that irrespective of the time delay for third-party supplier or contributors to finalise the instruction, the user or purchaser will not be entitled to cancel the order. Any cancellation for a delay in delivery that can be contributed to a third-party supplier or contributor, will not constitute grounds for a refund in any event.
    4. Third-party suppliers or contributors are not the same or have the same meaning as Third-party sellers, as explained hereafter.
  1. Third-Party Sellers

    1. LabourExcel will indicate on relevant service and/or product pages and checkout pages when service and/or Products are for sale by a Third-Party Seller. In such cases, LabourExcel only provides the platform to facilitate transactions between Third Party Sellers and LabourExcel customers. LabourExcel is neither the buyer nor the seller of these Products unless otherwise specified.
    2. The Sale formed on acceptance of your order for service and/or Products that are for sale by a Third-Party Seller is therefore solely between the registered user and such Third-Party Seller. LabourExcel is not a party to that sale.
    3. The Third-Party Seller is solely responsible for fulfilment of delivery of the service and/or Products. The Third-Party Seller is also responsible to provide an invoice to the registered user if required.
    4. Not all Third-Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third-Party Sellers who are registered VAT vendors may charge VAT on service and/or Products sold and issue a tax invoice in respect thereof. If a Third-Party Seller is not a registered VAT Vendor, it may not charge VAT on service and/or Products sold and will not be in a position to issue a tax invoice in respect thereof.
    5. Because LabourExcel wants the registered user to have a safe and consistent experience, LabourExcel will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third-Party Seller on behalf of the Third-Party Seller according to LabourExcel own Returns Policy. Should such claim escalate into being a dispute, although LabourExcel is entitled to become involved in an attempt to resolve it, LabourExcel is not obliged to do so, and any disputes must be resolved between you and the relevant Third-Party Seller alone.
  1. Privacy policy

    1. We respect your privacy and will take reasonable measures to protect it.
    2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      1. your name and surname;
      2. Company details;
      3. your email address;
      4. your physical address;
      5. your gender;
      6. your mobile number; and
      7. your date of birth, etc.
    3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    5. Subject to the below, we will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of services and/or products;
        2. to contact you regarding current or new service and/or products or any other service and/or products offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
        3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
        4. to improve our service and/or products selection and your experience on our Website by, for example, monitoring your browsing habits or tracking your sales on the Website; or
      2. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third-party service providers, third-party sellers, third-party suppliers or contributors who assist us to interact with you via our Website, email or any other method, for the ordering of service and/or products or when delivering service and/or products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
        2. to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new service and/or products, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in product faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
        4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
        5. to our suppliers in order for them to liaise directly with you regarding any defective service and/or Products you have purchased which requires their involvement; and
        6. to any Third-Party Seller for purposes of sending you an invoice for any service and/or Products purchased from such Third-Party Seller.
    6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, an order of court or legal process served on us, or to protect and defend our rights or property. In the event of fraudulent online payment, LabourExcel is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    7. We will ensure that all our employees, third-party service providers, third-party suppliers or contributors, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    8. Ratings and Reviews:When you provide a rating or review of a service and/or products, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name and the Town that you are from, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
    9. We will –
      1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    11. LabourExcel undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
    12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    13. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than LabourExcel, LABOUREXCEL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
  1. Changes to these Terms and Conditions

    1. LabourExcel may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  1. Electronic communications

    1. When you visit the Website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.
  1. Disclaimer

    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst LabourExcel takes reasonable measures to ensure that the content of the Website is accurate and complete, LabourExcel makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by LabourExcel representatives, such representations will be deemed unauthorised and therefore LabourExcel shall not be bound thereby.
    3. LabourExcel disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content from our website unless otherwise provided by law.
    4. Due to the legal nature of many of our services and/or products, it is expressly agreed that although LabourExcel will endeavour their best efforts to ensure that our services and/or products are correct, lawful and up to date, LabourExcel disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the service and /or product. Legal compliances are not only dependent upon the contents of the service and/or product but also upon the manner in which it is used and therefore LabourExcel are disclaimed from any and/or all liability following delivery of said services and/or products.
    5. Any views or statements made or expressed on the Website are not necessarily the views of LabourExcel, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, LabourExcel also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of LabourExcel, its employees, agents or authorised representatives. LabourExcel thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
  1. Linking to third party websites

    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and LabourExcel is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained therein.
  1. Limitation of liability

    1. LabourExcel cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of LabourExcel, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
    2. LABOUREXCEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY LABOUREXCEL AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE, USE OF LABOUREXCEL SERVICES AND/OR PRODUCTS AND/OR ANY LINKED THIRD-PARTY WEBSITE.
    4. LABOUREXCEL DO NO WARRANT THAT THE REQUIRED OUTCOME WILL BE OBTAINED FROM THE USE OF OUR SERVICES AND/OR PRODUCTS AND YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES AND/OR PRODUCTS ARE AT YOUR OWN RISK.
  1. Availability and termination

    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. LabourExcel may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that LabourExcel will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any services and/or products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. LabourExcel is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by LabourExcel to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and LabourExcel, in whole or in part, on notice to you. LabourExcel shall only be liable to refund monies already paid by you (see LabourExcel’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to LabourExcel.
  1. Governing law and jurisdiction

    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and LabourExcel, you hereby consent to the exclusive jurisdiction of the Magistrate Court of the Bellville District or subject to the amount being in excess of the Magistrate Court of Bellville’s jurisdiction the High Court of the Republic of South Africa (Western Cape Division, Cape Town) where the quantum in the action or proceedings fall within the monetary jurisdiction of that court.
    3. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  1. Notices

    1. LabourExcel hereby selects Suite 21, Frazzitta Business Park, CNR of Langeberg and Batis Rd, Durbanville, 7550, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). LabourExcel may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving LabourExcel not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL NOTCE’S EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.
  1. Information

    1. For the purposes of the ECT Act, LabourExcel information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Full name: DB Labour CC (t/a) LabourExcel, a closed corporation registered in South Africa with registration number 2009/156112/07
      2. Main business: Legal Consulting Services and Online Products
      3. The physical address for receipt of legal service (also postal and street address): Suite 21, Frazzitta Business Park, Cnr of Langeberg and Batis Rd, Durbanville, 7550 (marked attention Managing Partner)
      4. Office bearers: DA Bezuidenhout
      5. Phone number: 086 100 0801
      6. Email address: info@labourexcel.co.za
      7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our website.
  1. General

    1. LabourExcel may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
      1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      2. Any failure on the part of you or LabourExcel to enforce any right in terms hereof shall not constitute a waiver of that right.
      3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      5. No indulgence, extension of time, relaxation or latitude which any party may show grant or allow to the other shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      6. These Terms and Conditions contain the whole agreement between you and LabourExcel, and no other warranty or undertaking is valid unless contained in this document between the parties.
      7. In the event that you need to contact LabourExcel for purposes related to these Terms and Conditions, please use the following: Email:  info@labourexceco.za
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