T&C’s
SchoemanLaw Inc (hereafter SchoemanLaw) is ISO 27001:2013 compliant.
In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these Terms and Conditions (“T&C’s”) are binding and enforceable against all persons that access the SchoemanLaw Website or any part thereof.
If you do not agree with the T&C’s, do not accept and do not click the accept box. Leave immediately and terminate use of the Website. Any delay in leaving and terminating use of the Website shall be regarded as the User’s full and unconditional understanding and acceptance of these T&C’s.
1 DEFINITIONS AND INTERPRETATIONS
1.1 In these T&C’s, unless the context indicates that some other meaning is intended:
1.1.1 “Client” means a natural or juristic person who completes the new Client sign-up form or utilises the Legal Services of SchoemanLaw as listed on the Website;
1.1.2 “Legal Services” are the professional Legal Services as outlined on the Website and shall include without limitation consultations;
1.1.3 “ Potential Client” or “User” means a natural or juristic person who contemplates completing the new Client sign-up form or utilises the Legal Services of SchoemanLaw as listed on its Website or utilises the Website;
1.1.5 “SchoemanLaw” means SchoemanLaw Inc with registration number 2013/021044/21, a personal liability company trading as a Law Firm and incorporated in terms of the laws of the Republic of South Africa; and
1.1.9 “Website” means www.schoemanlaw.co.za or any associated hyperlink.
1.2 Any words indicated with inverted commas and starting with a capital letter shall bear the definition of the phrase or concept immediately preceding same as if it were included as a definition in terms of this clause;
1.3 References herein to the singular include the plural and vice versa; and
1.4 Hyperlinks have been used in these T&C’s. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these T&C’s.
2 AUTOMATED ACCESS
Other than bona fide public search engines, the User may not access any pages on this SchoemanLaw Website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.
3 ALTERATION TO THESE CONDITIONS OF USE
SchoemanLaw reserves the right to alter these T&C’s at any time, and will in the case of a material change, post a notification that the T&C’s have changed on the SchoemanLaw Website. The Users/Clients will be responsible for reviewing any such changes each time the User accesses the Website and their continued use of the Website after the changes have been posted to the Website shall constitute an unconditional acceptance of the T&C’s as amended.
4 UNAVAILABILITY OF THE WEBSITE
The User acknowledges and accepts that the Website may become unavailable from time to time due to various circumstances, including: technical failure or problems with the Website; technical failure or problems with third party information technology systems; unavailability of telecommunication or electricity services; or other circumstances beyond the control of SchoemanLaw, in which case there shall be no claim whatsoever arising against SchoemanLaw.
5 PROHIBITED CONTENT AND PRACTICES
5.1 It is prohibited to publish, transmit, upload or exchange any content violating the current laws of the Republic of South Africa, particularly content that is untrue, deceptive, offensive, vulgar, threatening, racist or chauvinist, content violating intellectual property rights, content considered as unauthorised disclosure of personal data or as violation of the right of privacy of Users/Clients or third parties, as well as any other content which may cause damage to SchoemanLaw, other Users/Clients or third parties (“Prohibited Content”).
5.2 It is not allowed (hereinafter “Prohibited Practices”) to:
5.2.1 Use the Website in a manner which may cause damage to SchoemanLaw, other Users/Clients or any third party;
5.2.2 publish, upload, exchange or transmit Prohibited Content;
5.2.3 publish, upload, exchange or transmit any content that the User/Client knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to SchoemanLaw, other Users or third parties;
5.2.4 misrepresent yourself for the purpose of deceiving SchoemanLaw, other Users or third parties;
5.2.5 publish, upload, exchange or transmit to SchoemanLaw, other Users/Clients or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
5.2.6 purposefully publish, upload, exchange or transmit any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the Website, cause damage or destruction of any computer program, or any computer and other equipment owned by SchoemanLaw, other Users/Clients or third parties;
5.2.7 collect, process or use personal data of the Users/Clients or third parties in an unauthorised manner;
5.2.8 engage in overt or covert advertising (verbal or graphic representation of Products, services, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorised manner.
5.3 Users or third parties shall be legally liable for failure to comply with the provisions of these T&C’s related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to SchoemanLaw, other Users/Clients and/or third parties.
5.4 SchoemanLaw reserves the right, but does not assume the obligation, to cancel the account of a User/Client as a result of the User’s Prohibited Practices or other unlawful behaviour, or any violation of these T&C’s that SchoemanLaw assesses as grave, without prior notice and without explanation, according to our own assessment or information provided by any User or third party.
5.5 In consequence of the above, SchoemanLaw cannot be held responsible for possible damage incurred to the User, other Users or third parties, caused by Prohibited Practices.
6 AVAILABILITY, ERRORS AND INACCURACIES
SchoemanLaw cannot and does not guarantee the accuracy or completeness of any information, including prices, Product images, specifications, legal advice, availability, and services. SchoemanLaw’s right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice is fully and strictly reserved.
7 ELECTRONIC COMMUNICATIONS
Any communication or material the User/Client transmits to SchoemanLaw by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by SchoemanLaw, unless expressly agreed otherwise in writing. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst SchoemanLaw employs virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. The User/Client is accordingly advised to employ their own virus scanning tools. The views expressed in any electronic communications transmitted are those of the individual sender unless the context clearly provides otherwise.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 The full contents of the Website are copyright-protected.
8.2 All intellectual property on the SchoemanLaw Platform, Website and Online Products, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to SchoemanLaw and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these T&C’s, all of the rights to intellectual property on the SchoemanLaw Platform, Website and Online Products are expressly and strictly reserved.
8.3 All rights, interest and title in intellectual property on the Website is, and remain, the exclusive property of SchoemanLaw, and any unlawful or unauthorized use, modification, alteration, on-sell or distribution, is punishable by law.
9 INDEMNITY AND WARRANTIES
9.1 As a condition of the User’s use of the Website, the User hereby indemnifies SchoemanLaw where there is no consultation time prior to using any Website content .
9.2 Use of the Platform or Website or the information contained thereon is entirely at the User’s own risk, and the User accepts full responsibility for all risks that may result from the use of the Website. SchoemanLaw will not be liable for damages of any nature whatsoever which may arise out of the use of the Website or the information contained thereon.
9.3 Notwithstanding anything to the contrary contained above, in no event shall SchoemanLaw, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
9.3.1 any User/Client’s access to or use of or inability to access or use the Website;
9.3.2 any conduct or content of any third party on the Website;
9.3.3 any content obtained from the Website; and
9.3.4 any unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, delict including negligence and excluding gross negligence, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9.4 The Users make use of the Website at their own sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
9.5 SchoemanLaw has taken all commercially reasonable measures to ensure the integrity of the Website and no warranty is given that any material downloaded from the Website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of your computer system.
10 LINKS TO THIRD PARTY PLATFORMS
10.1 We shall not control or supervise content available through the Links and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof.
10.2 In consequence of the above, we cannot be held responsible for possible damage caused regarding publishing, removing, or using any Link, or relying on any content available via the Link.
11 DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
11.1 Access to the services, content, software and downloads available from the Website may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, SchoemanLaw provides the following information:
11.1.1 The full name and legal status of the Website owner: SchoemanLaw Inc, registration number 2013/021044/21;
11.1.2 Postal address: Suite #227, Private Bag X3036, Paarl, 7624;
11.1.3 Physical address for receipt of Legal Services:
Cape Town: Dock Road Junction, Corner Dock Road & Stanley Street, V&A Waterfront, Cape Town
Paarl: 1st Floor, 1 Van der Lingen Street, Corner Van der Lingen Street & Pastorie Avenue, Paarl
11.1.4 Main business: Law Firm;
11.1.5 The Website address of the SchoemanLaw Website is: https://www.schoemanlaw.co.za/
11.1.6 The official e-mail address of the SchoemanLaw Website is: enquiries@schoemanlaw.co.za
11.1.7 Access to and use of the SchoemanLaw Website is provided free of charge;
11.1.8 Users may lodge complaints concerning the Website: Feedback and Complaints – ref: PL1008 – Fill in form
12 GOVERNING LAW
The validity of these T&C’s, their interpretation, the respective rights and obligations of the parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.
PRIVACY POLICY
Responsible Party: SchoemanLaw Inc (registration number 2013/021044/21), a personal liability company trading as a law firm and incorporated under the laws of the Republic of South Africa (“SchoemanLaw”, “we”, “us”, “our”).
Effective date: 1 July 2026
Version: V2
SchoemanLaw is committed to protecting the privacy and personal information of every person who visits our website at https://www.schoemanlaw.co.za/ (the “Website”), enquires about or uses our legal services, or otherwise interacts with us (“you”, “User”, “Client”).
This Privacy Policy explains how we collect, use, share, store and protect your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”).
Where we process the personal information of data subjects located in the European Union, the EU General Data Protection Regulation (“GDPR”) may additionally apply.
By using the Website or providing us with your personal information, you acknowledge that you have read and understood this Privacy Policy.
- Information Officer and how to contact us
In terms of POPIA, SchoemanLaw has designated an Information Officer who is responsible for ensuring compliance with POPIA and for dealing with requests and complaints relating to your personal information. The Information Officer is registered with the Information Regulator (South Africa).
Information Officer: Nicolene Francina Schoeman-Louw
Postal/Physical Address: Dock Road Junction, Cnr Dock Road and Stanley Street, V&A Waterfront, Cape Town, 8001 and First Floor, 1 Van Der Lingen Street, Cnr van der Lingen Street and Pastorie Avenue, Paarl, 7646; PostNet Suite #227 Private Bag X3036 Paarl 7620
Company Registration number: 2013/021044/21
Telephone Number: 0214255604
Website: www.schoemanlaw.co.za
E-mail Address of Information Officer: nf.schoeman@schoemanlaw.co.za
Deputy Information Officer: Gideon Daniel Louw
Postal/Physical Address: Dock Road Junction, Cnr Dock Road and Stanley Street, V&A Waterfront, Cape Town, 8001 and First Floor, 1 Van Der Lingen Street, Cnr van der Lingen Street and Pastorie Avenue, Paarl, 7646; PostNet Suite #227 Private Bag X3036 Paarl 7620
Company Registration number: 2013/021044/21
Telephone Number: 0214255604
Website: www.schoemanlaw.co.za
E-mail Address of Deputy Information Officer: finance@schoemanlaw.co.za
- The personal information we collect
Depending on how you interact with us, we may collect the following categories of personal information:
– Identity and contact data: full name, South African identity number (or passport number), email address, mobile number, telephone number, physical and postal address, and marital status;
– Professional data: industry, occupation and information relevant to the legal matter for which you engage us;
– FICA data: as an accountable institution under the Financial Intelligence Centre Act 38 of 2001 (“FICA”), we are required to collect identity-verification and supporting documentation once you engage our services;
– Technical and usage data: IP address, device and browser information, the date and time of your visits, browsing habits and click patterns collected through cookies and similar technologies; and
– Communications data: the content of correspondence and enquiries you send to us.
You are not obliged to provide your personal information, but if you do not, we may be unable to provide the legal services you request or to comply with our statutory obligations.
- Special personal information and the personal information of children
We do not actively seek to collect special personal information (such as information concerning your race, health, religious beliefs or criminal conduct) unless it is necessary for, and directly relevant to, the legal matter you have instructed us on, or where its processing is otherwise authorised under sections 26 and 27 of POPIA. Where the nature of your matter requires it, we will process such information on the basis of your consent or another lawful ground.
We do not knowingly collect the personal information of children (persons under 18) except where it is necessary for a legal matter and processing is permitted under sections 34 and 35 of POPIA, in which case we will obtain the consent of a competent person where required.
- Why we process your personal information (purpose) and our lawful basis
We collect, store and use your personal information only for lawful purposes connected to our legal practice, including to:
– respond to your queries, enquiries, requests and complaints;
– onboard you as a client and render legal services to you;
– comply with our statutory and regulatory obligations, including FICA and the rules of the Legal Practice Council;
– communicate information you have requested;
– administer, secure and improve the Website and our services; and
– compile non-personal, anonymised statistical information about use of the Website.
We rely on one or more of the lawful justification grounds in section 11 of POPIA, namely: your consent; the conclusion or performance of a contract with you; compliance with a legal obligation; the protection of your legitimate interests or those of another person; or our (or a third party’s) legitimate interests, balanced against your rights. We will not process your personal information for a purpose incompatible with the purpose for which it was collected without your consent or another lawful ground.
- Direct marketing
We will only use your personal information to send you electronic direct marketing (for example, newsletters or updates on legal developments) where:
– you have given your consent to receive such communications; or
– you are an existing client and the marketing relates to similar legal services, as permitted by section 69 of POPIA.
Every electronic marketing communication will give you the opportunity to opt out, and you may withdraw your consent or unsubscribe at any time by contacting enquiries@schoemanlaw.co.za.
- How we share your personal information
We keep your personal information confidential and will not share it outside SchoemanLaw except:
– with your consent;
– with our employees and trusted third-party service providers (for example, IT, hosting and document-management providers) who assist us in operating the Website and rendering our services, and who are bound by confidentiality and data-protection obligations;
– where sharing is necessary for the performance of a contract with you;
– where we are under a legal or regulatory obligation to disclose;
– where necessary to protect your vital interests or those of another person; or
– where necessary for the purposes of our legitimate interests or those of a third party, except where overridden by your rights and freedoms.
Information protected by attorney-client privilege will be handled in accordance with the duties of confidentiality and privilege that govern legal practitioners.
- Cross-border transfers of personal information
Where we transfer your personal information to a person in a foreign country (for example, where data is hosted on servers outside South Africa), we will do so only in accordance with section 72 of POPIA, namely where:
– the recipient is subject to a law, binding corporate rules or a binding agreement that provides an adequate level of protection substantially similar to POPIA;
– you have consented to the transfer;
– the transfer is necessary for the performance of a contract with you, or for a contract concluded in your interest; or
– the transfer is for your benefit and it is not reasonably practicable to obtain your consent, but you would likely give it.
Where the recipient country does not provide a level of protection comparable to POPIA, we will put appropriate safeguards (such as contractual undertakings) in place to protect your information.
- Security of your personal information
SchoemanLaw is ISO 27001 compliant and takes appropriate, reasonable technical and organisational measures, as required by section 19 of POPIA, to secure the integrity and confidentiality of your personal information and to protect it against loss, damage, unauthorised access and unlawful processing. We require our employees and service providers who have access to your personal information to be bound by appropriate confidentiality and security obligations.
- Notification of security compromises
Where we have reasonable grounds to believe that your personal information has been accessed or acquired by an unauthorised person, we will notify the Information Regulator and you as soon as reasonably possible after discovering the compromise, in accordance with section 22 of POPIA, unless the identity of the affected person cannot be established.
- Retention and destruction of records
We will retain your personal information only for as long as is necessary to fulfil the purposes for which it was collected, or for as long as we are required or permitted to retain it by law — including the record-keeping periods prescribed by FICA, the rules of the Legal Practice Council and other applicable legislation. Once we no longer have a lawful basis to retain it, we will securely destroy, delete or de-identify your personal information.
- Your rights as a data subject
Subject to POPIA, you have the right to:
– be notified that we are collecting your personal information, and that it has been accessed by an unauthorised person;
– request confirmation, free of charge, of whether we hold personal information about you, and to request access to that information (section 23);
– request the correction, updating, deletion or destruction of personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully (section 24);
– object, on reasonable grounds, to the processing of your personal information (section 11(3));
– withdraw any consent you have given, where processing is based on consent;
– object to processing for purposes of direct marketing; and
– submit a complaint to the Information Regulator.
To exercise any of these rights, please contact our Information Officer at enquiries@schoemanlaw.co.za. We may require you to verify your identity before acting on your request, and certain requests must be made on the prescribed POPIA forms.
- Cookies
The Website uses cookies and similar technologies. A cookie is a small data file stored on your device that helps the Website recognise you and remember your preferences, enabling faster and more efficient use of the Website.
We use cookies to operate and secure the Website, to remember your settings, and to compile anonymised statistics about how the Website is used. You can control or disable cookies through your browser settings, and you may decline non-essential cookies; however, disabling cookies may affect the functionality and availability of certain features of the Website.
- Third-party websites
The Website may contain links to third-party websites that we do not control. This Privacy Policy does not apply to those websites, and we are not responsible for their content or privacy practices. We encourage you to review the privacy policies of any third-party website you visit.
- Changes to this Privacy Policy
We may update this Privacy Policy from time to time. Material changes will be posted on the Website, and the updated version will apply from the date of posting. Please review this Privacy Policy periodically.
- Complaints to the Information Regulator
If you believe that we have processed your personal information in a manner that does not comply with POPIA, and you are not satisfied with our response, you are entitled to lodge a complaint with:
The Information Regulator (South Africa)
– Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
– General enquiries: enquiries@inforegulator.org.za
– POPIA complaints: POPIAComplaints@inforegulator.org.za
– Section 74 / online safety complaints: complaints.IR@inforegulator.org.za
The User/Client is legally entitled to request modification or deletion of their personal data, or deletion from the User database at any time. In terms of sections 23 and 24 of POPIA, the User/Client is further entitled to request confirmation of whether SchoemanLaw holds personal information about them, to request access to that information, to request the correction, updating or deletion of personal information that is inaccurate, irrelevant, excessive, out of date or unlawfully obtained, to object to its processing on reasonable grounds, and to withdraw any consent previously given. Modification or deletion of data shall be effected on the basis of an appropriate notice addressed to SchoemanLaw at enquiries@schoemanlaw.co.za.
