Legal
Themis Legal Consulting - Website Terms of Service
Terms governing access to and use of the Themis Legal Consulting website
Status
This document is reproduced from the text supplied by Themis Legal Consulting and is for legal review before publication. It has not been amended, summarised or interpreted.
Effective 25 August 2026
These Website Terms of Service (“Terms”) constitute a binding agreement between the person accessing or using the website (“you” or “user”) and Themis Legal Consulting Proprietary Limited, registration number 2022/730552/07, of 585 Alendale Street, Elarduspark, Pretoria, Gauteng, 0181 (“Themis”, “we”, “us” or “our”). By accessing, browsing or using the website, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the website.
1Themis and the Nature of Our Services
1.1Themis is an independent South African commercial and corporate legal consultancy. Themis is not a firm of attorneys or an attorneys’ practice, does not hold a Fidelity Fund Certificate, does not operate an attorneys’ trust account, does not receive or hold client funds in trust, does not conduct litigation or court appearances, and does not provide services reserved by law for authorised practising legal practitioners where the applicable statutory requirements have not been met.
1.2Our services may include commercial legal advice, contract drafting and review, contract negotiation support, corporate advisory, corporate governance, compliance consulting, commercial risk assessment and outsourced legal support, subject in every case to an agreed scope and terms of engagement.
2Website Information Is Not Legal Advice
2.1All website content is provided for general informational and marketing purposes only. It is not legal, tax, financial, accounting, investment or other professional advice and must not be relied upon as a substitute for advice based on the specific facts, documents, objectives, risks, timing and law applicable to a particular matter.
2.2Legal and regulatory requirements change, and website content may not reflect the latest law, interpretation, guidance or factual circumstances. Themis does not warrant that general website content is complete, current or suitable for any particular purpose.
3No Professional Engagement by Use of the Website
3.1No consultant-client, adviser-client, attorney-client or other professional relationship is created merely because you access the website, read content, use a contact facility, submit an enquiry, upload a document, send an email, use live chat, telephone us or receive an acknowledgement or preliminary response.
3.2A professional engagement arises only when Themis has expressly accepted the engagement and the applicable scope, fees and terms have been agreed in writing or otherwise in a manner expressly accepted by Themis. Until then, Themis has no obligation to act, meet a deadline, preserve a right, review a document, monitor a matter or refrain from accepting another engagement, subject to applicable law.
4Enquiries and Conflicts
4.1Submitting an enquiry does not mean that Themis has accepted you as a client or that it is able to act. Before acceptance, Themis may assess scope, capacity, commercial suitability, conflicts, legal restrictions and other relevant considerations.
4.2Do not send information solely on the assumption that it will create legal professional privilege or prevent Themis from acting for another person. Themis will treat personal information in accordance with its Privacy Policy and applicable law, but an unsolicited communication does not by itself create a professional engagement or all duties associated with an accepted client relationship.
5Urgent Matters
5.1The website and general enquiry channels must not be used as the sole means of protecting a legal deadline, prescription period, court date, regulatory filing deadline or other time-critical right. Unless Themis has expressly accepted responsibility for a specific deadline in an agreed engagement, you remain responsible for protecting your rights and obtaining appropriate assistance.
6Acceptable Use
6.1You may use the website only for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit the use of the website by any other person. You may not:
6.1.1use the website for unlawful, fraudulent, defamatory, abusive, harassing, discriminatory, malicious or deceptive activity;
6.1.2attempt to gain unauthorised access to the website, servers, accounts, systems, databases or security controls;
6.1.3introduce malware, malicious code, automated attacks or material intended to disrupt or compromise the website;
6.1.4scrape, harvest, systematically extract or reproduce website content or personal information except as permitted by law or with written permission;
6.1.5impersonate another person, misrepresent authority or submit information that you are not authorised to disclose;
6.1.6use website content to train, fine-tune, benchmark or populate a commercial artificial-intelligence or machine-learning system without Themis’s prior written consent, except to the extent that such restriction is prohibited by law;
6.1.7remove copyright, trade mark or proprietary notices; or
6.1.8use the website in a manner that could damage Themis’s reputation, systems or legitimate commercial interests.
7User-Supplied Information
7.1You warrant that information and files you submit through the website are accurate to the best of your knowledge, are supplied lawfully, do not infringe third-party rights and do not contain malicious code. You are responsible for ensuring that you have authority to disclose information concerning another person or organisation.
7.2Themis may delete, quarantine, block or refuse to process files or communications that appear unsafe, unlawful, irrelevant, excessive or inconsistent with these Terms.
8Intellectual Property
8.1Unless otherwise indicated, the website, its design, text, graphics, branding, logos, trade names, service descriptions, templates, downloadable materials and other content are owned by or licensed to Themis and are protected by applicable intellectual-property laws.
8.2You are granted a limited, revocable, non-exclusive, non-transferable licence to access and use publicly available website content for your own lawful informational purposes. No right, title or interest is transferred to you. You may not reproduce, publish, adapt, distribute, commercialise, create derivative works from or otherwise exploit substantial website content without prior written permission, except where permitted by law.
8.3Documents, templates, opinions, clauses, methodologies, precedents or deliverables supplied during a professional engagement are governed by the applicable engagement terms and must not be assumed to be freely reusable merely because they were delivered electronically.
9Trade Marks
9.1“Themis Legal Consulting”, Themis branding, logos and associated brand elements may constitute trade marks or protected indicia. Nothing on the website grants a licence to use them without prior written consent.
10Third-Party Content and Links
10.1The website may contain links to third-party websites, social platforms, legislation, regulators or other resources. Links are provided for convenience and do not constitute endorsement, verification or a warranty concerning third-party content, availability, security, privacy or services. Third-party sites are governed by their own terms.
11Website Availability and Changes
11.1Themis may modify, suspend, withdraw, restrict or discontinue any part of the website without notice where reasonably necessary. We do not warrant uninterrupted or error-free availability and are not obliged to maintain any particular feature, page, integration, link or historical version of content.
12Cybersecurity and Electronic Communications
12.1Electronic communications are inherently exposed to risks including interception, delay, corruption, misdirection, impersonation, phishing and malware. You must independently verify suspicious payment instructions, banking-detail changes or unusual requests using a trusted contact channel. Themis will not be responsible for a payment made to a fraudulent account merely because a fraudulent message purported to originate from Themis, except to the extent that liability cannot lawfully be excluded.
12.2Themis does not receive client money into an attorneys’ trust account. Any invoice or payment instruction must relate to amounts payable to Themis for its own account or another expressly disclosed lawful arrangement.
13Privacy
13.1Personal information is processed in accordance with the Privacy Policy, POPIA Information Notice and applicable law. By using the website, you acknowledge that technical information may be processed as reasonably necessary to operate, secure and improve the website.
14Disclaimers and Warranties
14.1To the maximum extent permitted by law, the website and its general content are provided on an “as is” and “as available” basis. Themis gives no express or implied warranty that the website will be uninterrupted, secure, error-free, free from harmful components, complete, accurate, current, fit for a particular purpose or suitable for reliance in a specific matter.
14.2Nothing in these Terms excludes a warranty, right or remedy that cannot lawfully be excluded under applicable legislation.
15Limitation of Liability
15.1To the maximum extent permitted by law, Themis will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss or damage arising from or connected with use of, inability to use, or reliance on the website or general website content, including loss of profit, revenue, business opportunity, anticipated savings, goodwill, data or business interruption, whether arising in contract, delict or otherwise.
15.2Without limiting the preceding paragraph, Themis will not be liable for loss caused by reliance on general information as if it were matter-specific advice; failure to obtain appropriate professional advice; third-party websites or services; user devices or networks; unauthorised access outside Themis’s reasonable control; malware not introduced through Themis’s failure to take legally required reasonable measures; or a user’s failure to verify suspicious electronic communications.
15.3Where liability relating solely to use of the public website cannot lawfully be excluded, Themis’s aggregate liability will be limited to the amount, if any, paid by the user specifically for access to the website during the six months preceding the event giving rise to the claim, unless a greater amount is required by law. As access to the public website is provided free of charge, Themis’s aggregate liability arising solely from use of the public website is, for the avoidance of doubt, nil, save to the extent that a mandatory provision of law requires otherwise. This website limitation does not replace any separately negotiated liability regime applicable to an accepted professional engagement, and does not by itself create or imply any minimum liability cap for such an engagement.
15.4Each limitation of liability in this clause operates as a separate and independent basis of limitation, applies to the maximum extent permitted by law regardless of the legal theory on which a claim is based (whether in contract, delict, statute or otherwise) and survives any termination of these Terms.
16Indemnity
16.1To the extent permitted by law, you indemnify Themis and its directors, personnel and representatives against third-party claims, losses, liabilities and reasonable costs (including reasonable legal costs) arising directly from your unlawful use of the website, your infringement of third-party rights, malicious content submitted by you, or a material breach of these Terms. This indemnity does not apply to the extent that the claim was caused by Themis’s own unlawful conduct or to the extent prohibited by law.
17Consumer Protection
17.1Nothing in these Terms is intended to waive or deprive a consumer of a right that cannot lawfully be waived under the Consumer Protection Act 68 of 2008 or other applicable legislation. Any provision that would otherwise be unlawful or unenforceable will apply only to the maximum extent permitted.
18Suspension or Termination of Access
18.1Themis may restrict or terminate access to the website where reasonably necessary to protect security, comply with law, prevent abuse, investigate misconduct or protect legitimate rights. Provisions that by their nature are intended to survive termination, including intellectual property, disclaimers, limitations, indemnities and governing-law provisions, survive.
19Governing Law and Jurisdiction
19.1These Terms are governed by the laws of the Republic of South Africa. Subject to any mandatory statutory forum or jurisdiction, the courts of South Africa have jurisdiction in relation to disputes arising from these Terms or use of the website.
20Notices
20.1General website notices may be published on the website. Notices to Themis concerning these Terms may be sent to info@themislegal.co.za. Formal notices under a professional engagement must be given in accordance with the applicable engagement terms and not merely through a website form.
21General
21.1If a provision is invalid or unenforceable, it will be severed or limited to the minimum extent necessary without invalidating the remaining provisions. A failure or delay by Themis to enforce a right is not a waiver. These Terms, together with the incorporated website legal notices, constitute the agreement governing public website use but do not supersede a separately concluded professional engagement agreement.
22Amendments
22.1Themis may amend these Terms from time to time. The version published on the website at the time of use applies to that use, subject to mandatory law. Continued use after publication of amended Terms constitutes acceptance of the amended Terms.
23Relationship of the Parties
23.1Nothing in these Terms constitutes or creates a partnership, joint venture, agency, fiduciary relationship or employment relationship between you and Themis. No duty of care, fiduciary duty or professional duty of any kind arises from mere use of the website; any such duty arises only once, and only to the extent that, Themis has expressly accepted a written professional engagement defining the scope of that duty. Themis acts, and is entitled to act, as an independent contractor in respect of any services ultimately agreed under a separate engagement.
24Assumption of Risk
24.1By using the website, you acknowledge and accept that reliance on general online content in place of tailored professional advice carries inherent risk; that you are solely responsible for evaluating the suitability of any general information for your specific circumstances; and that you assume that risk voluntarily and with full knowledge of these Terms, the Legal Disclaimer and the Privacy Policy.
25Entire Agreement and No Reliance
25.1These Terms, together with the incorporated Privacy Policy, POPIA Information Notice, PAIA Manual and Legal Disclaimer, constitute the entire agreement between you and Themis relating to use of the website and supersede any prior understanding, representation or communication on that subject. You acknowledge that, in deciding to use the website, you have not relied on any representation, warranty, undertaking or statement made by or on behalf of Themis that is not expressly recorded in these Terms.
26Force Majeure
26.1Themis will not be liable for any failure or delay in performing an obligation under these Terms to the extent that the failure or delay is caused by circumstances reasonably beyond its control, including power or network failures, cyber-attacks, failures of a third-party service provider, industrial action, civil unrest, extreme weather, pandemic-related restrictions, or any other event of force majeure.
27Time Bar on Claims
27.1To the maximum extent permitted by law, any claim by a user against Themis arising out of or in connection with the website or these Terms must be instituted within twelve (12) months of the date on which the cause of action first arose, failing which the claim will be permanently barred, whether or not the user was aware of the claim within that period. This clause governs website-related claims only and does not apply to a claim arising from a separately agreed professional engagement, which is governed exclusively by the applicable engagement terms and the ordinary law of prescription.
28No Third-Party Rights and Cession
28.1These Terms do not confer a right of enforcement on any person who is not a party to them, save for the directors, personnel and representatives of Themis, who may enforce clauses expressly conferring a benefit on them. Themis may cede, assign, delegate or subcontract any of its rights or obligations under these Terms, in whole or in part, without your consent. You may not cede, assign or delegate any right or obligation under these Terms without Themis’s prior written consent.
29No Personal Liability of Representatives
29.1No director, employee, consultant or representative of Themis assumes any personal liability to a user in connection with the website or these Terms. Any claim relating to the website may be brought only against Themis Legal Consulting Proprietary Limited and not against any individual associated with it.
30Waiver
30.1No relaxation, extension of time, or failure or delay by Themis in exercising a right under these Terms constitutes a waiver of that right, and no single or partial exercise of a right precludes any further exercise of that or any other right.
31Language
31.1These Terms are prepared and issued in English. Any translation is provided for convenience only, and the English version prevails in the event of an inconsistency.
Related documents
Questions about these documents may be sent to info@themislegal.co.za.