In these Terms and Conditions (referred to as the "Agreement") "you" and "your"
refers to each customer, "we", "us" and "our" refers to CIPC Intellectual
Property and "Service" refers to the services provided by us as
offered through the CIPC intellectual property online services. This Agreement
explains our obligations to you, and explains your obligations to us while
accessing the CIPC intellectual property online services and using
Please read this Agreement carefully before accessing or using the Service. By
accessing or using the Service, you agree to be bound by the terms and
conditions of this Agreement.Violation of this Agreement will result in action
being taken against your account.Service conditions, accessibility and delivery
Service conditions, accessibility and delivery
(1) A service is available anywhere in the world with the following provisos:
(a)The CIPCIPONLINE web site is
(b)The method of delivery is on-line or to
an e-mail address.
(2)CIPC strives to make the CIPCIPONLINE web site available and accessible
seven (7) days a week and 24 hours per day but there are interdependencies and
events outside of CIPC’s control that may impact web site
(3)Searches and lodgments requiring no intervention from CIPC officials can be
searched or lodged at any time when the CIPCIPONLINE web site is
(4)Lodgments or requests that requires intervention by CIPC Officials may also
be lodged/submitted at any time that the CIPCIPONLINE web site is available,
but internal processing will only be performed inside CIPC Office Hours,
Monday to Friday 07:30 to 16:00 excluding public holidays, the period between
Christmas and New Year and other periods of Office Closure as may be announced
from time to time.
(5)CIPC reserves the right to –
(a)Introduce new services;
(c)Restrict services rendered over the
Internet to selected customers or selected groups of customers; and
(d)Refrain from making certain services
available on the Internet, at its sole discretion without prior notice to a
visitor or customer.
(6)When requesting services, CIPC reserves the right to refuse the customer
access to a specific service if the customer does not have a mandate, properly
registered at CIPC, to perform the action.
(7)CIPC reserves the right to amend its definition of a properly registered
mandate and to apply different criteria in deriving, determining or
establishing the mandate depending on the type of service requested.
Hyperlinks, framing, spiders and crawlers
No person, business or web site may –
(a)Link to any page on this
site without the prior written permission of CIPC;
(b)Frame this site or any
of the pages on this site in any way whatsoever; or
(c)Use any technology to
search and gain any information from this site without the prior written
permission of CIPC.
Trade mark, copyrights and restrictions on use
(1)The CIPCIPONLINE web site consist of contents which are derived entirely or
in part from content supplied by CIPC and other sources.
(2)The content referred to in subparagraph (1) is protected under applicable
South African Copyright and Trade Mark Laws, International Trade Marks and
Copyright Laws and conventions.
(3)A visitor or customer, with the inclusion of but not the limitation
of, may not reproduce, duplicate, publish, modify, copy, download, upload in
any manner, post, broadcast or transmit, reverse engineer or disenable,
display, or distribute or in any way exploit any of the contents that being
software and/or material.
(4)Except in so far that a visitor or customer may download one copy of the
content on any single computer for such visitor’s or customer’s personal, non
commercial home use only: Provided that all propriety notices and restrictions
attached onto the content are kept intact, unless expressly permitted by the
site, or unless prior written consent from CIPC has been obtained
(5)Requests for permission regarding any issue relating to the contents which
fall into the ambit of the limitations stated above, can be made by contacting
CIPC in writing at :
LEGAL AND REGULATORY SERVICES
(6)A visitor or customer is also strictly prohibited from creating
works, and/or software materials derived from or which are based on the
contents found on this site.
(7)The prohibition referred to in subparagraph (6) applies regardless of
whether the content are sold, negotiated or given away and/or further alienated
in any manner whatsoever.
Accessing link websites
(1)CIPCIPONLINE contains links to other related World Wide Web Internet
(2)No inference can be made or representation implied that CIPC is connected
with, operates or controls these linked web sites.
(3)Whether or not these linked sites are in fact affiliated with CIPC, CIPC
is not responsible for the content on the aforesaid sites.
(4)The linked sites are for a visitor’s or customer’s convenience only and such
visitor’s or customer’s access thereto is at his/her own risk.
(5)When visiting linked sites a visitor or customer must refer to that linked
Submissions / bulletin boards
(1)Any submissions shall be deemed to be and remain the exclusive property of
(2)The various forums content, which are found on the CIPCIPONLINE web site,
shall be deemed to remain the exclusive property of CIPC.
(3)CIPC has the right, but not the obligation to monitor and review
submissions submitted by visitors or customers, in the forums.
(4)CIPC shall not be responsible for any of the content of these messages.
(5)CIPC further reserves the right to delete, move or edit submissions that
CIPC, in its exclusive discretion, deems abusive, defamatory, obscene or in
violation of any Copyright or Trade mark laws or otherwise objectionable.
Rules of conduct for the visitor and customer
(1)A visitor or customer with the inclusion of but not the limitation of,
agrees that he/she will not transmit submissions to the CIPCIPONLINE web site
(a)use any of the forums for
(b)are for purpose of spamming;
(restrict or inhibit any other
visitor or customer from using and enjoying the forums;
(d)are unlawful, threatening,
abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for
indecent information that constitutes a criminal offence and/or gives rise
to a civil liability claim or otherwise violates any local, national or
(e)violate the Copyright, Trade mark
or other Intellectual property rights of any other person by the submission of
the content to CIPCIPONLINE web site through the forums or other
avenues, which allow for such submissions and further that the visitor or
customer by the transmission of content in any manner whatsoever, represents to
CIPC that they are the rightful owner of such content transmitted or that the
visitor or customer has obtained permission from the rightful owners to submit
such content transmitted;
(f)Contain viruses or other harmful content;
(g)are intended for commercial purposes,
contain marketing or promotional materials or are intended to solicit
(2)A visitor or customer agrees that all submissions become the exclusive
property of CIPC.
(3)A visitor or customer agrees that he/she shall be solely liable for any
damage resulting from any infringement of Copyrights, Trademarks and other
proprietary rights or any other damages resulting from such a submission.
4)A visitor or customer further indemnifies and holds CIPC harmless against
all claims for any damages whatsoever arising from the use of the CIPCIPONLINE
Damages, warranty, indemnity
(1)A visitor or customer expressly agrees that the use of the CIPCIPONLINE web
site is at his/her sole risk.
CIPC does not guarantee or warrant;
(a)that the CIPCIPONLINE web site
will be uninterrupted;
(b)that the CIPCIPONLINE web site will be
default free and that the defects will be corrected;
(c)that the results that may be obtained
from the use or application from information gained from the CIPCIPONLINE web
site in so far as accuracy and content of any such information is
(d)that the servers that make the content
available are free from viruses and other harmful content;
(e)any merchandise provided through the
CIPCIPONLINE web site.
(3)The CIPCIPONLINE web site is provided "AS IS" and on an "IS AVAILABLE"
basis, without any representation or endorsement made and without warranty of
any kind whether express or implied, including but not limited to warranties of
satisfactory quality, non- infringement, title, security and
(4)A visitor or customer acknowledges and confirms CIPC indemnity to,
including but not limited to, indirect, direct, incidental, special,
consequential or punitive damages arising from the use of or inability to use
(5)A visitor or customer acknowledges that all the provisions as contained in
section 8 of the terms and conditions of use shall apply to all the contents of
the CIPCIPONLINE web site.
(6)The disclaimer of liability applies to damages or injury, including but not
limited to, indirect, direct, incidental, special, consequential or punitive
damages or any damages whatsoever arising from use or loss of use of data or of
profits, whether in breach of contract, delictual action, negligence, or under
any other cause of action.
(7)If any of the terms and conditions of this agreement should be deemed to be
unlawful, invalid or otherwise unenforceable by reason of the laws of any state
or country in which these terms and conditions are intended to be effective
than to the extent only and within the jurisdiction in which that term and
condition is illegal, invalid or unenforceable, it shall be severed and deleted
from this agreement and the remaining terms and conditions shall survive,
remain in full force and effect and continue to be binding and enforceable.
The information available on the CIPC IP ONLINE, website is not intended to be
comprehensive and accordingly it should not be regarded as being a complete
source of Intellectual Property Law, in particular Patents and Trademarks, and
users are advised to seek independent professional advice before acting on
anything contained herein.
Conditions of use and access
In order to make use of CIPCIPONLINE website fee carrying services, a person
must register as a customer using the “Registration“ facility on the
CIPCIPONLINE web site.
(2)A customer must ensure that all the details provided by him/her for his/her
registration are true and correct at all times as CIPC shall not be liable for
any expenses, costs or damages incurred as a result of incorrect details.
(3)A customer is responsible for securing his/her agent login password and such
agent login password may not be disclosed to unauthorized persons, as such
customer will be held responsible for all transactions performed with his/her
login and password.
(4)A customer must immediately notify CIPC in writing of any unauthorized use
of his/her password or of any other breach of security
(5)When a person registers as a customer he/she consents to receiving
communications from CIPC electronically.
Agreement to and termination of agreement
(1)The use of or access to these sites constitutes a visitor’s or customer’s
acceptance of terms and conditions hereof, which are binding on such visitor or
customer and take effect on a date which such visitor or customer first makes
use of, or access to the CIPCIPONLINE web site.
(2)If a visitor or customer does not accept all the terms and conditions in
full, such visitor or customer must exit the site immediately.
(3)CIPC has the exclusive discretion to terminate the agreement at any
(4)After a visitor or customer has exited the site as aforesaid such visitor or
customer must destroy all content, whether materials or software, obtained from
the site and all copies thereof.
(5)In the event of a visitor or customer failing to exit the site as aforesaid
CIPC has the right to claim any indirect, direct, incidental, special or
punitive damages caused to CIPC from such visitor’s or customer’s unauthorized
access and/or use of the CIPCIPONLINE web site.
(6)A visitor or customer indemnifies CIPC against any claims for damages of
whatsoever nature caused to another party by such visitor or customer
unauthorized use and/or access of the sites.