Terms of use and professional disclaimer

This page contains two separate things. The first governs your use of this website. The second explains the limits of what this website is. Neither governs work we do for a client, which is dealt with in a written engagement letter.

Part A: Terms of website use

1. Who we are

This website is operated by Widbrook Consulting (Pty) Ltd, a private company registered in South Africa.

Registration number: [number] VAT number: [number, once registered] Physical address: [Physical address] Address for legal service of documents: [Address for legal service of documents] Telephone: [phone number] Email: hello@widbrookconsulting.co.za Directors: [name(s)] Place of registration: South Africa

Membership of self-regulatory or accreditation bodies: [International Compliance Association, membership number, and contact details / none]. Codes of conduct subscribed to: [detail and where the code may be accessed electronically / none].

2. Accepting these terms

By using this website you agree to these terms. If you do not agree, please do not use it.

3. What this website is

A description of our services and our approach, and a way to contact us. Nothing on it is an offer capable of acceptance, and nothing on it creates a contract. Services are scoped, quoted and contracted individually, and the terms that apply to any engagement are those in the engagement letter for that engagement.

We do not sell goods or take payment through this website.

4. Use of the site

You may read, print and download material from this site for your own information or for the internal purposes of your organisation. You may quote from it with attribution and a link.

You may not republish it as your own, sell it, use it for a competing purpose, scrape it systematically, or [use it to train a machine learning system] without our written permission. You may not attempt to gain unauthorised access to the site or interfere with its operation.

5. Intellectual property

All content on this site, including text, design, graphics and the Widbrook name and logo, belongs to us or is used with permission, and is protected by copyright and trade mark law.

6. Accuracy of content

We take care with what we publish, particularly where we refer to legislation, regulatory guidance and deadlines. Law and regulatory practice change, sometimes quickly. Content is accurate to the best of our knowledge on the date shown on the page, and we do not undertake to keep every page current.

Where we refer to a statute, a directive or a guidance note, we name it and date it so that you can check it at source. Please do.

7. Links to other sites

We link to other websites for convenience. We do not control them, we do not endorse them, and we are not responsible for their content or their handling of your information.

8. Availability

We try to keep the site available but do not guarantee it. We may change, suspend or withdraw any part of it without notice.

9. Privacy

Our privacy policy and cookie notice explain how we handle personal information.

10. Governing law

These terms are governed by South African law. The courts of South Africa have jurisdiction, and you consent to the jurisdiction of the Magistrates’ Court in terms of section 45 of the Magistrates’ Courts Act 32 of 1944, notwithstanding that a claim may exceed its jurisdiction.

11. Changes

We may change these terms. The current version is the one on this page and the review date is shown at the top.

Part B: Professional disclaimer

12. This is not advice

The content of this website is general information about risk, governance and compliance. It is not advice, it is not legal advice, and you should not act on it.

Your situation depends on facts we do not know. Nothing here has been prepared with your organisation in mind, and any decision you take after reading it is yours.

13. We are not attorneys

Widbrook Consulting provides risk and compliance advisory support. We are not a firm of attorneys, we are not admitted to practise law, and we do not give legal opinions. Where a matter requires legal advice we will tell you so and suggest that you obtain it.

Legal professional privilege does not attach to communications with us. This matters if you are considering telling us about something that may be a contravention. Please read section 14 before you do.

14. Confidentiality, and what it does and does not mean

We treat what you tell us as confidential, whether or not we go on to work together. We are not attorneys, so legal professional privilege does not attach to what you tell us. If you are concerned that what you tell us could create a reporting obligation for either of us, speak to an attorney before you speak to us. We can suggest one.

15. No relationship arises from reading this

Using this website, sending an enquiry, subscribing to our emails or having an introductory conversation with us does not create an adviser and client relationship. That relationship begins only when we have both signed an engagement letter.

16. Limitation of liability

To the fullest extent permitted by law, we are not liable for any loss or damage arising from your use of this website or from reliance on anything published on it, including indirect or consequential loss and loss of profit.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

Where the Consumer Protection Act 68 of 2008 applies to you, nothing in these terms limits any right you have under that Act, and in particular the provisions on unfair, unreasonable or unjust contract terms and on the right to safe and good quality services apply notwithstanding anything here.

Liability in respect of work we do for a client is governed by the engagement letter for that engagement, which contains its own limit.

17. Professional indemnity insurance

We hold professional indemnity insurance with [insurer], with a limit of indemnity of [amount] in respect of [each claim / in the aggregate]. Details are available on request.

18. Feedback

If something on this site is wrong, tell us. Email [address] and we will look at it and correct it if it needs correcting.