Legal Disclaimers and Policies
Privacy Policy and Terms of Use
The following Terms and Conditions stated in this Disclaimer and Terms of Use govern your use of the Nicholas Daniël van den Berg and Associates Incorporated (hereinafter referred to as “NVDB Attorneys") web site. Please read them carefully before entering or accessing the site and refer to them as necessary as you explore the site. By accessing the site, you accept and agree to all of these Terms and Conditions. If you do not agree with or accept these Terms and Conditions, please do not use the site.
NVDB Attorneys expressly reserves the right to make changes to these Terms of Use, this site and its contents and to restrict service or access to any part of this site, for any reason, at any time, without prior notice. Changes in these Terms of Use are effective immediately upon posting of the modified text, content or other information on this site. Since we may periodically change the Terms and Conditions, please check them from time to time as your continued use of the site signifies your acceptance of and agreement to any changed Terms of Use.
Security Notice
Unauthorized attempts to defeat or circumvent security features, to use the system for other than intended purposes, to deny service to authorised users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the system or its operation is prohibited. Evidence of such acts by Users within or outside the Republic of South Africa may be disclosed to law enforcement authorities and result in criminal prosecution under the South African law.
Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Nicholas Daniël van den Berg and Associates Incorporated (hereinafter referred to as “NVDB Attorneys”) and its employees make no warranty or representation as to the availabilities, accuracy or completeness, or merchantability and fitness for a particular purpose of the Content nor shall it be held responsible for any direct, or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of its Website or any other linked website. NVDB Attorneys does also not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
The materials on this web site have been prepared by NVDB Attorneys for informational purposes only and are not legal advice or a substitute for legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not rely or act upon this information without seeking professional legal advice.
While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Do not send us any confidential information until you speak with one of our attorneys and receive our authorization to send that information to us. NVDB Attorneys is under no duty of confidentiality to persons who send unsolicited e-mail messages, mail, facsimiles and/or any other information by any other means to our firm or lawyers listed on this web site.
Copyright
All content and functionality on the site, including text, graphics, logos, icons and images and the selection and arrangement thereof (collectively, the “Content”), is the exclusive property of NVDB Attorneys, its licensors, or third party providers and is protected by South African and international copyright laws. All rights not expressly granted are reserved. This means that you may not: distribute the Content to others without the express written permission of NVDB Attorneys; “mirror” this information on your web site without permission; or modify or re-use the Content on this web site. You may print copies of the Content for your own personal, commercial use and reference this web site from your own documents. Commercial use of this Content is prohibited without the written permission of NVDB Attorneys. In all copies of this Content, you must include this notice and any other copyright notices originally included with such information.
Choice of Law
The Website is controlled, operated and administered by NVDB Attorneys within the Republic of South Africa. NVDB Attorneys or its employees make no representation that the Content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. The aforesaid Terms of Use and Notices shall be governed by the laws of the Republic of South Africa and the User consents to the jurisdiction of the Gauteng Local Division, Johannesburg High Court in the event of any dispute. If any of the terms are found by a Court of competent jurisdiction to be invalid or unenforceable, that term shall be enforced to the maximum extent possible, so as to give effect to the intent of these terms and the remainder of these terms shall continue in full force and effect.
Disclaimer of Endorsement
Reference to specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply NVDB Attorneys’ endorsement, recommendation, or favouring. The views and opinions of authors expressed in the Content do not necessarily state or reflect the opinions of NVDB Attorneys nor any of its employees, and same shall not be used for advertising or product endorsement purposes.
Privacy Notice
We collect no personal information about you when you visit this Web site, unless otherwise stated or unless you choose to provide this information to us. However, we collect and store certain information automatically. What we collect and store automatically is:
- The Internet Protocol (IP) address of the domain from which you access the Internet (e.g., 123.456.789.012) whether yours individually or provided as a proxy by your Internet Service Provider (ISP).
- The date and time you access our site.
- The pages you peruse (recorded by the text and graphics files that compose that page).
- And, the Internet address of the Web site from which you linked directly to our site.
We use the summary statistics to help us make our site more useful to visitors, such as assessing what information is of most and least interest to visitors, and for other purposes such as determining the site’s technical design specifications and identifying system performance or problem areas.
This information is not shared with anyone beyond the support staff to this Web site, except when required by law enforcement investigation, and is used only as a source of anonymous statistical information.
NVDB Attorneys receives various type of information from Users who access the Website but makes every effort to protect any information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. NVDB Attorneys will not be held responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to NVDB Attorneys through the internet, or that you expressly or implicitly authorise NVDB Attorneys to make, or for any errors or changes made to any transmitted information.
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. NVDB Attorneys uses this information to determine use of the Website and to improve the Content thereon.
Section 51 Manual for NVDB Attorneys
Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 2000, July 2003 PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (The Act)
NVDB Attorneys
SECTION 51 MANUAL FOR NVDB ATTORNEYS
INTRODUCTION TO NVDB ATTORNEYS
NVDB ATTORNEYS is a Sandton based law firm specialising in Commercial Law, Company Law, Complex contractual matters and Debt Collection.
PARTICULARS IN TERMS OF SECTION 51
CONTACT DETAILS [Section 51(1)(a)]
The Managing Director has duly authorised Mr. Ammar Attrache to deal with all matters in connection with requests for information in terms of the Promotion of Access to Information Act, 2 of 2000.
Postal address: PO Box75100, Gardenview, 2047
Street address: 6 Astron Rd, Denver, Johannesburg, 2094
Telephone: 08611 52746
E-mail: ammar@kargo.co.za
THE GUIDE AS DESCRIBED IN SECTION 10. [SECTION 51(1)(B)]
The guide will be available from the Human Rights Commission. Please direct any queries to: The Human Rights Commission:
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484 8300
Facsimile: +27 11 484-0582
Website: http://www.sahrc.org.za
CATEGORIES OF RECORDS OF NVDB ATTORNEYS WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT IN TERMS OF SECTION 52(2). [Section 51(1)(c)]
No notice of such records has been made to the Minister.
RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION. [Section 51(1)(d)]
Records are kept in accordance with the following legislation:
Companies Act, 1973.
Close Corporations Act, 1984.
Income Tax Act, 1962.
Others to be specified where applicable
HOW TO REQUEST A RECORD. A DESCRIPTION OF THE SUBJECTS OF THE RECORDS HELD BY NVDB ATTORNEYS AND THE CATEGORIES IN, WHICH THESE SUBJECTS ARE CLASSED. [SECTION 51(1)(E)]
How to request a record
Section 53 prescribes that the requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body, or his duly authorized deputy. This request must be made to the address, fax number or electronic mail address of the body concerned.
The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required.
The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body.
The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.
The fee for private bodies is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.
If the request is granted then a further access fee must be paid for the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
The head of the private body will then make a decision on the request and notify the requester in the required form.
Categories of Records Held by NVDB Attorneys
Web page
The web page, www.nvdbattorneys.co.za is accessible to anyone who has access to the Internet. NVDB Attorneys website provides information about the company to the general public. Its main aim is meant for the benefit of NVDB Attorneys clients so that they may gain access to information pertaining to their business with NVDB Attorneys.
Other records
Operational information
This information can be defined as information needed in the day-to-day running of the organization. Examples of such information are: original or copies of signed Mandates and Fee structures, copies of correspondence in both electronic and hard format, address lists, company policies and or procedures, contracts, employee records and general “house-keeping” information.
Correspondence files
Tax files
Financial records, including accounting records.
Grounds for Refusal
The main grounds for refusal relating to the access of records are:
Grounds for Refusal
- Protecting personal information about a third person (who is a natural person), from disclosure deemed as unreasonable;
- Protecting commercial information of NVDB Attorneys or any one of its third parties. This might include information pertaining to trade secrets regarding: financial, commercial, scientific or technical information that in the event of disclosure, may cause harm to the commercial or financial interests of the organization or the third party;
- Protecting information given to NVDB Attorneys in confidence by a third party;
- Protecting information that may endanger the life or physical safety of an individual, property or the general public, if disclosed;
- Protecting information which would be regarded as privileged in legal proceedings;
- Protecting information which if disclosed, would put NVDB Attorneys at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
- Protecting information that is computer software or programmes;
- Protecting information that concerns research being carried out on behalf of NVDB Attorneys or a third party.
Other Information as may be Prescribed [Section 51(1)(F)]
In terms of the Financial and Intermediaries Services bill and any other Regulations which might become applicable from time to time.
AVAILABILITY OF THE MANUAL. [SECTION 51(3)]
This manual is available from the South African Human Rights Commission (see details above), NVDB Attorneys (see details above), and in electronic format at www.nvdbattorneys.co.za.
Email Disclaimer
NVDB Attorneys email disclaimer and confidentiality note
This email, its attachments and any rights attaching hereto are, unless the context clearly indicates otherwise, the property of Nicholas Daniel van den Berg and Associates Incorporated (NVDB Attorneys). It is confidential, private and intended for the addressee only.
Should you not be the addressee and receive this email by mistake, kindly notify the sender, and delete it immediately. Do not disclose or use the email in any manner whatsoever.
Views and opinions expressed in this e-mail are those of the sender unless clearly stated as those of NVDB Attorneys.
NVDB Attorneys accepts no liability whatsoever for any loss or damages – whatsoever and howsoever incurred – or suffered resulting or arising from the use of this email or its attachments.
NVDB Attorneys does not warrant the integrity of this email nor that it is free of errors, viruses, interception or interference.
Transmission and Receipt: In accordance with the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), an e-mail is only deemed to be received by NVDB Attorneys once this is confirmed to you orally or in writing and an e-mail is deemed to have been sent by the Company or its workers as soon as this is reflected in the Company’s mail server logs. An auto-reply shall not constitute a response for purpose hereof.
ECTA: This e-mail disclaimer is enforceable and binding on the recipient in terms of sections 11(1) to 11(3) of ECTA. This e-mail disclaimer shall at all times take precedence over any other e-mail disclaimer(s).
NVDB Attorneys has not changed it’s banking details, nor does it intend to do so. In the event of receiving any such correspondence, kindly contact NVDB Attorneys and immediately inform a Director of the Company. In the event of payment being made in to the incorrect account, NVDB Attorneys will not be liable for any damages suffered by the individual effecting the payment to any bank account that has not been verified to be that of NVDB Attorneys.
For more information about NVDB Attorneys see www.nvdbattorneys.co.za
