1. DEFINITIONS
1.1 “Activation” shall mean the enabling of the Member’s personal access code, which will entitle the Member to have access from assistance on the selected Packages benefits;
1.2 “Agreement” shall mean this agreement which includes the terms and conditions contained in the telephonic agreement concluded between Legal Eagle and the Member and the further terms and conditions applicable to the various Membership Packages, as more fully amplified and confirmed herein;
1.3 “Legal Eagle” shall mean Legal Edge PTY Ltd (Registration No:2014/252401/07), a Private Company duly registered in accordance with the provisions of the Companies Act, Act 71 of 2008 (as amended) and with physical address at 1st Floor, Berkley Square, 3 Melck Street, Ndabeni, 7405;
1.4 ” Legal Eagle Website” shall mean the web address www.legal-eagle.co.za;
1.5 ” Charges” shall mean the once off registration fee and membership fee, as more fully elaborated herein and in the various Membership Packages further specific terms and conditions;
1.6 “Day” shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day falls on a public holiday, Saturday or Sunday, in which case the last day shall be the next succeeding business day;
1.7 “First Delivery” shall mean the date of delivery of the activation to the Member which shall for all purposes mean the first date on which Legal Eagle forwards to the Member his or her exclusive access code and Membership details by electronic communication after Activation, so as to entitle the Member to access, inspect and use the documentation after the telephonic agreement has been concluded;
1.8 “Electronic Communication” means any communication by means of electronic transmission, including by telephone, fax, SMS, wireless computer access, email, mobile Application or similar technology or device;
1.9 “Initial Period” shall mean:-
1.9.1 in respect of the Legal Eagle Membership, a period of Twenty Four (24) calendar months commencing on Activation;
1.9.2 in respect of the Legal Eagle Packages, a period of Twelve (24) calendar months commencing on Activation;
1.10 “Member” shall mean a natural person who is a South African resident and who is at least 18 (eighteen) years old and who has applied to and /or has been accepted by Legal Eagle to be entitled to their Memberships, and the optional benefits of the Packages, as more fully amplified and confirmed herein;
1.11 “Monthly Subscription” shall mean the agreed monthly membership fee payable by the Member to Legal Eagle for the various Packages;
1.12 “Partner” shall mean the underwriters with whom Legal Eagle have contracted and from whom the Member shall receive Services entitling them to various benefits and protection;
1.13 “Memberships” shall mean the following:-
1.13.1 ” ID THEFT
This is an assistance contract to assist you with legal help in the case of your ID being stolen and used in fraudulent financial transactions.
LEGAL ASSISTANCE THROUGH A LEGAL TEAM TO:
Remove wrongfully recorded credit judgements;
Reinstate your credit status;
Redress actions taken by creditors;
Correct the information with an accredited credit bureau;
1.13.2 DEBIT ORDER PROTECTION
This is an assistance contract to assist you with debit order transactions from your personal bank account which you are unaware of.
PROFESSIONAL ASSISTANCE TO:
Find the source of the debit order;
Find the reason for the debit order;
Remove the debit order;
Correct the information
1.13.3 LEGAL ADVICE
Professional, in-house, qualified legal advisors provide advice to the customer on any legal topic or matter ranging from debt and divorce to labour and domestic violence., 24/7.
Face to face with a lawyer per incident will be covered.
Unlimited telephonic legal advice.
Debt Support Service
1.13.4 LEGAL SOS
Lawyer SOS has a national network of criminal lawyers that are skilled in criminal litigation.
A subscriber to the service will have access to an intelligent panic button on their cell phone which connects them to the Lawyer SOS call centre.
The call centre will then dispatch an approved Lawyer operating in the network, to the relevant police station to assist the subscriber and if possible, to apply for bail.
The Lawyer will be at the police station within 3 hrs after the arrest.
Included in this product is covered up to R1500.00 for bail as well as additional cover for a capped Lawyer fee of R2000.00.
1.14 “SMS” shall mean a short message service provided through a tele-communication system or WhatsApp;
1.15 “Telephonic Agreement” shall mean the recorded telephonic agreement reached between the Member and Legal Eagle, the terms of which are legally binding upon both parties.
2. COMMENCEMENT & TERMINATION
2.1 The Agreement shall commence on the date of Activation and shall subject to the provisions set out in this Agreement, continue for the Initial Period and thereafter on a month-to-month basis unless:-
2.1.1 the Member directs Legal Eagle to cancel the Agreement on the expiry of the Initial Period by the giving of not less than one (1) calendar months written notice and not more than three (3) calendar months written notice, before the expiration of the Initial Period;
2.1.2 the Member agrees to the renewal of the Agreement for a further period of either twelve (12) or twenty four (24) months (“the Renewal Period”), depending upon the Packages;
2.1.3 Legal Eagle terminates the Agreement by the giving of reasonable written notice to the Member in the event that the entitlement to the Membership is terminated for any reason whatsoever.
2.2 It is recorded that the Member may:-
2.2.1 cancel the Agreement within five (5) days from First Delivery of the membership and obtain a reimbursement of any payment made to Legal Eagle. The Member will however be responsible for the any costs incurred;
2.2.2 by twenty (20) days written notice, cancel the Agreement, which right is however subject to payment of all amounts due and payable by the Member to Legal Eagle until such date of cancellation and the payment of a cancellation fee equivalent to one-half of the Monthly Subscriptions that would have been payable by the Member to Legal Eagle for the remainder of the Initial Period.
3. GENERAL
3.1 Legal Eagle:-
3.1.1 undertakes to distribute to the Member, by mail or electronic communication, Member benefits and discounts offered by Underwriters in respect of the various Memberships contracted and paid for by the Members;
3.1.2 furnish the Member with a money back guarantee, which is subject to the following:-
3.1.2.1 Timeous payment of the Monthly Subscriptions and Charges by the Member for the duration of the Initial Period and any extension;
3.1.2.2 The money back guarantee amount being calculated by adding all Monthly Subscriptions and Charges paid, note that this is a month to month benefit and would be calculated accordingly
3.1.2.3 Any claim for a money back guarantee being made by the Member in writing within 1 months of the expiry of the membership of a Legal Eagle Package.
3.2 The Member agrees that:-
3.2.1 he/she shall be liable for a reasonable charge for any cancellation;
3.2.2 all risk in and to the Membership with Legal Eagle
3.2.3 If the Membership are to be sabotaged, stolen or damaged with incorrect information, the Member is to immediately notify Legal Eagle in writing and shall remain liable for all Monthly Subscriptions and Charges pertaining to the Membership.
4. MONTHLY SUBSCRIPTIONS & CHARGES
In consideration for the provision of the Membership and any other products and services supplied by Legal Eagle to the Member, the Member shall pay Monthly Subscriptions and Charges as more fully elaborated upon in the individual Packages Specific Terms and Conditions hereunder.
Please note: All costs are based on industry rates. Blood transportation and transportation due to self-inflicted injuries are excluded. This cover is only valid for emergencies within the borders of South Africa.
4.1 LEGAL ASSIST
24 hour Legal Advice
- Members and their immediate family have on-going access to a 24-hour legal advisory service on any aspect of the law such as criminal law, family law, constitutional law, child law, labour law, motor law, etc
30-Minute Free Consultation
- This service involves a free initial 30-minute consultation should any matter require legal action. The Member will then be referred to a lawyer who forms part of Velnova’s national network for a direct free 30-minute consultation.
Free Standard Legal Documents
- If a Member requires a purchase, sale, lease, or prenuptial agreement, employment contracts, etc, will provide these free at his or her request. The Member will also be advised on the application of each of these documents and the procedures and principles that apply.
4.2 THIRD PARTY CLAIMS
Legal Advice
- Assist member and their immediate family have on-going access to a 24-hour legal advisory service on any aspect of third party motor accident claims.
5. RELAXATION
No extension of time, waiver or relaxation of any of the provisions or terms of this Agreement or any document issued pursuant to or in terms of this Agreement shall operate as an estoppel against any party in respect of its rights under this Agreement, nor shall it operate so as to preclude such party (save as to any extension, waiver or relaxation actually given) thereafter from exercising its rights strictly in accordance with this Agreement.
6. PERSONAL DATA
6.1 Legal Eagle agree that they will collect personal data only in a fair and lawful manner and each Member consents to the collection and use of such data;
6.2 Legal Eagle undertake not to use or disclose in any way or permit the use or disclosure of such personal data that could be used to identify an individual Member except:-
6.2.1 when Legal Eagle is required by law to disclose such personal data;
6.2.2 when the Member consents in writing to the use or disclosure of such personal data; and/or
8.2.3 when Legal Eagle needs such personal data for the proper functioning of the Legal Eagle membership;
6.3 Whilst Legal Eagle will take all reasonable steps to ensure the security and privacy of Members’ personal information, Members acknowledge that it is not possible for Legal Eagle to ensure complete security and privacy of all Members’ information and Members agree that they will have no claims against Legal Eagle in the event of a failure of security or privacy.
6.4 Legal Eagle may send promotional material to its Members from time to time and the Member has the right to require that Legal Eagle desist from sending the Member such communications.
7. BREACH
7.1 In the event that a Member pays Legal Eagle by debit order, the Member will commit a breach of this Agreement if he/she:-
7.2 cancels such debit order without the prior written consent of Legal Eagle
7.3 changes the banking details upon which the debit order relies without giving Legal Eagle prior written notification of such change and providing Legal Eagle with the Member’s new banking details.
7.4 In the event that the Member breaches any term of this Agreement, including a failure to pay any amount owing to Legal Eagle on the due date, Legal Eagle may elect to either terminate this Agreement or call for specific performance of all of the Member’s obligations, including the immediate payment of all sums owing by the Member, whether or not they are due, in either event without prejudice to Legal Eagle right to seek such damages as it may have suffered by reason of such breach or failure.
7.5 Legal Eagle shall be entitled forthwith and without notice, to terminate this Agreement in the event that the Member is sequestrated, whether provisionally or finally and whether voluntarily or compulsory.
7.6 In the event that the Member fails to effect payment of any amount owing to Legal Eagle on the relevant due date, then, without derogating from its rights herein contained, interest will be payable. The Member shall be liable to effect payment of interest to Legal Eagle of the amount so owing at the rate of 20% per annum compounded monthly in arrears from the due date of payment to the date of payment; alternatively, and without derogating from the provisions of clause 7.3, if the debit order by which a Member pays his premium is returned unpaid by his bank on three successive due dates, Legal Eagle may elect, in its discretion as an alternative to cancellation and without further notice, or to reduce the Member’s monthly subscription amount and benefits to R95 per month.
7.6.1 The reduced monthly subscription amount will be debited against the Member’s bank account the following month on the same day as the previous unpaid premium and monthly thereafter. If the subsequent debit order is returned unpaid, this Agreement contract will automatically be cancelled one month after the last day the Member paid the full subscription amount without prejudice to Legal Eagle’ right to seek to recover such damages as it may have suffered by reason of the breach by the Member;
7.6.2 Other than the change to the benefits and subscription amount, the terms and conditions of this Agreement contract will remain unchanged.
7.6.3 A certificate under the hand of any manager of Legal Eagle certifying the sum of any amount owing by the Member to Legal Eagle, shall be prima facie proof of its contents and sufficient proof for the purposes of enabling Legal Eagle to obtain any judgement or order against the Member.
7.6.4 In the event that the Member breaches any term of this Agreement, then the Member agrees that he/she shall be liable for all legal expenses of Amazing Vouchers on the scale as between attorney and client, which shall include interest, tracing fees and collection commission as the case may be.
8. SEVERABILITY
If any term, condition, requirement or provision contained in this Agreement is held by any court having jurisdiction to be unenforceable, illegal, void or contrary to public policy, such term, condition, or requirement or provision shall be of no effect whatsoever upon the binding force or effectiveness of the remainder of this Agreement, it being the intention and declaration of the parties that had they or either of them known of such unenforceability, illegality, invalidity or that the provision was contrary to public policy, they would have entered into a contract, containing all other terms and conditions set out in this Agreement.
9. DOMICILIUM
9.1 The Member chooses as his/her address to receive any legal documents for all purposes under this Agreement as the physical address, email, WhatsApp or SMS information which was supplied in the Member’s Telephonic Agreement with Legal Eagle.
9.2 All notices delivered in terms of this Agreement must be in writing.
9.3 If any notice is delivered by hand, it will be deemed to have been delivered on the date of delivery. If any notice is transmitted by fax or e-mail, WhatsApp or SMS it shall be deemed to have been received on the day of transmission. If a notice is delivered by post, it shall be deemed to have been delivered on the fifth day following transmission unless such day is a Saturday, Sunday or public holiday, in which case it shall be deemed to have been received on the first business day following such date
10. DISPUTE RESOLUTION
If Legal Eagle so decides, it may refer any dispute between a Member and Legal Eagle to arbitration, to which the Members consent. Such arbitration will be carried out in terms of the rules of the Arbitration Foundation of Southern Africa
11. NON-VARIATION
No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or it’s breach or termination shall be of any force or effect unless reduced to writing and signed by all parties or their duly authorized representatives.