TRADEMARKER WEBSITE TERMS AND CONDITIONS OF USE AND POLICIES
Thank you for visiting our Website. Before using this site please carefully read the terms and conditions of use (“Terms”) which includes the policies in respect of refunds, privacy and security (“Policies”) of Trademarker (Pty) Ltd, incorporated and registered in the Republic of South Africa (“TradeMarker”) and from where the Website is hosted and the business is operated.
1.1 These Terms and Conditions govern your (“the User”) use of TradeMarker’s website located at the domain name [www.trademarker.co.za and www.trademarker.co] (“the Website”), including any downloaded or streamed content and to any correspondence by email or any other electronic means exchanged between TradeMarker and the User.
1.1.1 For the sake of clarity a User of the Website shall include casual surfers of the Website as well as Clients. The meaning and definition of a Client is someone who contracts to purchase and use TradeMarker’s Services as described on the Website, from time to time.
1.2 By using this Website (including downloading or streaming from the Website) and the Services offered or communicating with TradeMarker by electronic means, the User agrees to be bound by the Terms set out in this legal notice and agreement.
1.3 The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for his/her own financial gain.
1.4 If the User, however, would like to share our Website and the Services offered with others in his/her community or network then the User may freely share the link of the Website with others by any electronic means or by posting such link on the User’s own website, subject to the following conditions:
1.4.1 The User may not use a graphic image or image related text unless he/she has the written permission of TradeMarker to that effect. TradeMarker reserves all its rights in the graphic image and text, any other images, our trademarks and all other intellectual property rights.
1.4.2 The User may not replicate TradeMarker’s Website, site contents or design.
1.4.3 The User may not remove, distort or otherwise alter the size or appearance of any logos on the Website.
1.4.4 The User’s website may not contain content that is inappropriate, distasteful, pornographic, hateful, discriminatory or that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations in the Republic of South Africa or any other applicable jurisdiction.
1.4.5 At any time and at TradeMarker’s complete discretion we reserve the right to withdraw the permission given to the User to make website links to our Website.
1.5 The User agrees to only use the Website in a manner that complies with all applicable laws and regulations in the Republic of South Africa or any other applicable jurisdiction and is consistent with the Terms and Policies and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the Website (including, without limitation, by hacking).
1.6 TradeMarker reserves the right in our sole discretion to deny any User access to the Website or any part of it without prior notice.
2. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
2.1 The TradeMarker logo is an artistic work protected by copyright. TradeMarker has filed various trademark applications to strengthen its protection of this artistic work and obtained provisional trade mark protection and shall continue to take legal steps to further secure and protect its rights hereto (including final trade mark protection), as and when deemed necessary.
2.2 TradeMarker has filed trade mark applications in various classes for the word ‘TradeMarker’ and obtained provisional trade mark protection and shall continue to take legal steps to further secure and protect its rights hereto (including final trade mark protection), as and when necessary.
2.3 The User may not use any of TradeMarker’s trade marks in any way without our express prior written permission, and then only in ways agreed to in writing.
2.4 The User acknowledges that all copyright, trade marks and other intellectual property rights in the Website and all photographs, designs, images, text, software, data, audio, video, files and other material in the Website or material generated by or transmitted from the Website (“TradeMarker Material”) are owned by TradeMarker.
2.5 Any rights not expressly granted in these Terms are reserved.
3. SERVICES, FEES AND REFUND POLICY
3.1 TradeMarker offers trade mark search and registration services as well as other related services for trade marks in South Africa in terms of the trade mark and intellectual property laws of South Africa, whereby the necessary legal and advisory services are procured from attorneys on a sub-contracted basis, using an online portal and service contained on its Website.
3.2 Fees for the Services are as advertised and disclosed on the Website from time to time. Fees are paid for upfront which serves to confirm the User as a Client contracting with TradeMarker for the chosen Services.
Cooling Off Period and Refunds Policy
3.3 A 7 (seven) day ‘cooling off’ period will apply, where a Client shall be refunded in full for the fees paid for the Services required, on condition that the Client has not furnished TradeMarker with all the necessary information and instructed or deemed to have instructed TradeMarker to proceed with the rendering of the Services (where TradeMarker has already so proceeded), upon a written request sent to TradeMarker by email to: firstname.lastname@example.org. Such a refund shall be made within 14 (fourteen) days of receipt of such a request. TradeMarker will not refund any fees paid after this 7 day period.
3.4 If for any reason, on good cause shown, a Client is dissatisfied with the Services contracted for and rendered, then upon receipt of a written notice to TradeMarker by email to: email@example.com. TradeMarker shall within 14 (fourteen) days of receipt thereof, repay the fees less any direct expenses incurred (such as CIPC fees), no questions asked.
3.5 The refunds contemplated in 3.3 and 3.4 above, shall be made by EFT into the Client’s bank account, the details of which shall be furnished to TradeMarker in writing.
5. SECURITY POLICY
5.1 TradeMarker undertakes that it has taken all reasonable precautions to secure payments made by Clients using EFT’s (electronic funds transfers).
5.2 TradeMarker does not directly process any online payments and transactions and doesn’t store any of the Client’s bank card or bank account information.
5.3 TradeMarker cannot be held responsible for security breaches occurring on the User’s electronic device (personal computer, notebook, tablet, smart phone or other electronic device used to browse the Website), which may result due to the lack of adequate virus or malware software protection or spyware that the User may inadvertently have installed on his/her device or the like.
5.4 TradeMarker has the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of the Terms and Policies or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
6.1 Choice of Law and Dispute Resolution
6.1.1 The de minimus non curat lex legal principle will apply, i.e. “the law does not concern itself with trivialities”.
6.1.2 Any disputes between the User and TradeMarker shall be determined by arbitration in terms of South African law. All disputes shall be finally resolved in accordance with the commercial rules of the Arbitration Foundation of Southern Africa (“AFSA”) [as amended or replaced from time to time] by an arbitrator or arbitrators appointed by AFSA. There shall be no right of appeal as provided in article 22 of AFSA’s rules. The arbitration shall take place in Johannesburg.
6.1.3 The Parties consent to any arbitration being conducted as a matter of urgency and authorize any Party to apply to AFSA in terms article 23(1) of AFSA’s rules for any arbitration to be conducted on an urgent basis.
6.1.4 This shall not preclude any of the Parties being able to apply for and obtain urgent interim relief from the courts, subject to any final orders, determinations and/or awards being made by arbitration as contemplated in 6.1.2 and 6.1.3 above.
6.2 Company, Domicilium and Notice Details
6.2.1 TradeMarker’s company details are: Trademarker (Pty) Ltd, registration number: 2009/023624/07, a private company with limited liability incorporated in the Republic of South Africa, with director: Daniel Shefer.
6.2.2 TradeMarker’s chosen domicilium citandi et executandi for the service of all legal documents is: 2 Sandton Drive, Sandton, Johannesburg, South Africa, 2196.
6.2.3 All communication and notices can be sent to: firstname.lastname@example.org. TradeMarker’s telephone number is: +27 82 808 8833.
6.3.1 If the User breaches the Terms and Policies and TradeMarker takes no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where the User breaches these Terms and Policies.
6.4.1 The contents of the Website are provided “as is” without warranty of any kind, either expressed or implied.
6.4.2 TradeMarker, the authors and developers of the content on the Website (including the Services) and in general anybody connected to the Website in any way assume no responsibility for errors or omissions in the content on the Website, the general use thereof and Services rendered.
6.4.3 TradeMarker further does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the content on the Website.
6.4.4 The User may not access the Website from countries where its contents are illegal or unlawful. If you do access the website from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for compliance with local laws.
6.5.1 TradeMarker does not limit in any way its liability by law for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.
6.5.2 The User agrees that TradeMarker will not be liable for:
126.96.36.199 Any loss, disruption or damage to your data or your computer system or device; or
188.8.131.52 Any direct, indirect, general, special, incidental or consequential damages (including, without limitation, data loss, lost revenues and lost profit) arising out of the User’s use or inability to use our Website (including downloading or streaming from the website), their content, any information on or from the Websites or any link to another website, the Services rendered and whether such loss or damage arises in contract, delict (including negligence) or otherwise. TradeMarker cannot assume any such obligations or responsibility.
6.6.1 If any one or more of the provisions of the Terms and Policies is held to be invalid, illegal or unenforceable in any respect by an arbitration forum or court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.
6.7 Updating Terms and Policies and Continued Use
6.7.1 TradeMarker reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Policies from time to time.
6.7.2 Changes to these Terms and Polcies will become effective upon such changes being posted to this Website.
6.7.3 It is the User’s obligation to periodically check these Terms and Policies on the Website for changes or updates. If the User does not agree to these Terms and Policies, please do not use our Website.
6.7.4 The User’s continued use of this Website following the posting of changes or updates and/or the payment for Services will be considered notice of the User’s acceptance and consent to abide by and be bound by these Terms and Policies, including such changes or updates.