1. Limitation of Liability

The NupClub and its owners, subsidiaries, external service providers or otherwise shall not be liable for any damages or loss that may arise from the use of the website, or the information provided on the website. The information provided on the website is for informational purposes only and does not constitute legal advice. You should consult with a qualified professional for specific legal advice related to your prenup needs.

2. Disclaimer

The information provided on The NupClub Website is provided on an “as is” and “as available” basis and. The NupClub and its owners, subsidiaries, external providers or otherwise make no warranties or representations, express or implied, with respect to the accuracy or completeness of the information provided on the website. You should consult with a qualified professional for specific legal advice related to your prenup needs.

3. Changes to Terms and Conditions

The NupClub reserves the right to modify these terms and conditions at any time.

4. Indemnification

You agree to indemnify and hold harmless The NupClub and its owners, subsidiaries, external service providers, from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the website or your violation of these terms and conditions.

5. Upon Payment, you agree to be bound by the terms and conditions set out below.

5.1. The Service Offered by The NupClub
Our service includes the facilitation of the drafting, notarisation, and registration of Antenuptial Contracts (ANC) or informally known as a ‘Prenup’. The NupClub does not offer formal legal advice and any legal advice will be provided by our external legal provider LS Attorneys Incorporated (herein after referred to as our external legal service provider) a registered South African law firm employing a Notary Public and Attorneys.

5.2. Signing and Power of Attorney (Deadlines)
An Antenuptial Contract must be signed in person by the parties or via a Power of Attorney. Due to the nature and volumes our independent legal service provider is only able to facilitate the consultations online and by way of the final execution of the antenuptial contract via a Special Power of Attorney authorising an employee of LS Attorneys Incorporated to execute the Antenuptial contract. You will sign a Power of Attorney that includes a copy of the Antenuptial Contract for identification purposes, which will be filed with the Notary Public on their Protocol.

5.3. Deadline for Original Documents
The original, signed Special Power of Attorney and Annexures must reach our offices, at a minimum, by no later than 7 business days before the date of the marriage. We cannot notarise a contract post-maritally based on a prior instruction.

5.4. Failure to Execute the Antenuptial Contract prior to Marriage date
Should we be unable to execute your Antenuptial Contract prior to your marriage date your marriage will be regarded as the default regime, In Community of Property. We are unable to execute the Antenuptial Contract after the marriage date and the only manner to sign an agreement after the marriage is by way of a costly court application. You should not proceed with the marriage without receipt of the Notary Certificate confirming that your Antenuptial Contract has been executed.

5.5. The Notary’s Certificate
Once the Notary is satisfied with the original documentation we will proceed to issue an Execution Certificate confirming that your antenuptial contract has been duly executed and that your marriage officer may proceed to solemnize your marriage. Couples must not proceed with their marriage ceremony (civil/traditional/customary) until they have received the Notary’s Certificate confirming that the contract has been duly executed.

5.6. Courier Services
Although courier services are included in our service fees, this is an external service provider and we accept no responsibility and/or liability for originals that have been lost, delayed, destroyed, damaged or otherwise. It remains the responsibility of the couple to ensure that the set of originals reach our offices timeously to allow the execution of the contract prior to the marriage date and The NupClub, it’s owners, subsidiaries, external service providers or otherwise will accept no liability for the failure to execute the contract timeously and before the marriage date. You should not proceed with the marriage without receipt of the Notary Certificate confirming that your Antenuptial Contract has been executed.

5.7. Marriage Dates
It has become common practice for parties to marry before their wedding ceremony. The marriage date is the formal date on which the marriage is legally solemnized and the date that will be registered with home affairs. Should you attend home affairs or another marriage officer to marry before the wedding ceremony, the former would be the marriage date. If you are unsure of the date that will be regarded as your marriage date, please ensure that this is clarified with us beforehand to ensure that your contract is executed before the marriage date.

5.8. Traditional and Customary Marriages
Couples intending to proceed with a traditional or customary marriage must ensure that the Antenuptial Contract is finalised and the Power of Attorney reaches our office before any negotiations (such as Lobola) or traditional ceremonies take place, failure to execute the antenuptial contract prior to conclusion of the customary/traditional marriage will render the marriage as being In Community of Property. Given the variance in traditional and customary marriage requirements and celebrations, the Antenuptial Contract should be concluded prior to the commencement of any negotiations/celebrations or otherwise. You should not proceed with any negotiations and or ceremonies without receipt of the Notary Certificate confirming that your Antenuptial Contract has been executed.

5.9. Rush Orders or Instruction Refusal
Given the timelines and requirements involved The NupClub reserves the exclusive right to change any order to a rush order, which would entail that you will proceed to book your appointment immediately and you will receive a congratulatory box and not the date box. This is to ensure that your contract can be completed and executed within the time frames prescribed by law.
We reserve the exclusive right to cancel any order, after the receipt of payment, should we be of the view that we are unable to responsibly and timeously execute your instruction. You will receive a full refund in this instance.

5.10. Independent Legal Advice & Financial Advice
The NupClub service includes the facilitation of a consultation with an Attorney to discuss your unique financial position and considerations to enter into your Antenuptial Contract. An Antenuptial Contract has significant financial and legal consequences. The respective parties are at all times entitled to seek independent legal advice after the consultation and prior to concluding the Power of Attorney. If you do not fully understand the implications of your chosen matrimonial regime and wish to consult independently of your prospective spouse or carry any hesitation regarding the chosen regime, exclusions, starting values or otherwise, you will need to obtain independent legal advice.
For advice on the financial, accounting, or tax implications of regime selection, spouses must seek and rely on advice from a properly accredited financial advisor, accountant, or tax consultant. No responsibility or liability is accepted by The NupClub, the legal practitioner or otherwise for any financial decisions or outcomes resulting from the clients’ elected property regime, whether by the concluded Antenuptial Agreement, informal agreement or by court-approved process.

5.11. Fees and Payment
The fees include the special date box experience, professional fees for the consultation, drafting and execution of your antenuptial contract before a Notary Public, Deeds Office registration disbursements, courier for the delivery of the date box, courier for the collection of your original documents, courier for the delivery to you of your registered antenuptial contract.
Commencement: Work begins only after full payment is received in our account.
Upon payment you confirm that the Notary may proceed to lodge and register the Antenuptial Contract and The NupClub and its owners, subsidiaries, external service providers or otherwise accept no liability for the registration of a contract for which the marriage is not thereafter solemnised.

5.12 Refunds and Cancellation
5.12.1 If the instruction is cancelled prior to the dispatch of the date box a processing fee applies.
5.12.3 If the instruction is cancelled after the dispatch of the date box but before the booking of a consultation a 50% cancellation fee is applied.
5.12.4 If the instruction is cancelled after proceeding with the consultation, but before the drafting of the contract, a 60% cancellation fee is applied.
5.12.5 No cancellation or refunds will be processed after the drafting or execution of the contract.

5.13. Accuracy of Information
You and your spouse will at all times be responsible for the accuracy of data and or information provided. The NupClub, its subsidiaries, external service providers or otherwise are not liable for registration failures resulting from incorrect information.

6. What is a cookie?

A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference. Amongst other things, cookies save your login information.

7. General data protection regulation (GDPR)

As a citizen of the European Union, you may be entitled to certain rights and principles under the GDPR.

Should you submit a form, create an account, or interact with our website we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

– Identity data includes, first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, and gender.
– Contact data includes, billing address, delivery address, email address, and telephone numbers.
– Financial data includes, bank account and payment card details.
– Transaction data includes, details about payments to and from you and other details of products and services you have purchased from us.
– Technical data includes, internet protocol (IP) address, your login data, browser type, and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
– Profile data includes, your username and password, purchases, or orders made by you, your interests, preferences, feedback, and survey responses.
– Usage data includes, information about how you use our website, products, and services.
– Marketing and communications data includes, your preferences in receiving marketing from us and our third parties and your communication preferences.

8. Your rights under the GDPR

8.1 PORTABILITY
Upon request, your data held by us can be transferred to a third party.

8.2 RECTIFICATION
Should you believe that the data held by us may be incorrect you can request that such incorrect data can be rectified.

8.3 ERASURE
Upon request, we shall erase all your data held by us. Subject to such data not being stored for operational requirements or due to legislation.

8.4 PROFILING AND FAIRNESS
Some of your data may be used for profiling. Profiling in this instance shall be limited to the statistics of the visitors to our website.

8.5 ACCESS
Upon request, you may request access to your data. Due to the sensitive nature of the same data, a request will have to be directed to our Data Protection Officer (DPO) to attend to your request.

8.6 STRICT PROCESSING
Your data will only be processed in line with the remainder of this clause and for purposes stated herein.

8.7 OBJECT TO PROCESSING
You may request that your data not be processed subject to legislative and operation

8.9 INFORMATION PRIVACY
Your data is an important part of who you are and the privacy is crucial to us. As such, your data is not shared with external third parties.

8.10 DATA PROTECTION OFFICER (DPO)
Should you have any requests or queries please direct them to the DPO:

Karlien Searle – Steenkamp

Email: hello@nupclub.co.za