Spoor Gateway Terms and Conditions

INTRODUCTION

The terms and conditions set out herein (“Terms”) govern your access to and use of the client access platform, SPOOR GATEWAY (the “Platform”), provided by Spoor & Fisher. By accessing and using this Platform, you agree to be bound by these Terms.  

These terms relate solely to your use of the Platform and/or the content made available on the Platform are not intended to replace any other terms or conditions, such as our Terms of Engagement for services provided to us, or the Terms and Conditions of use of our Website or the terms contained in our Privacy Statement.

“Spoor & Fisher“, “we” or “us” means, jointly and severally: Spoor & Fisher, a partnership of attorneys in accordance with the law of South Africa and/or S & F Management Services (Pty) Limited (South African company registration no. 1996/011873/07), with their head office at 11 Byls Bridge Boulevard, Building No. 14, Highveld Ext 73, Centurion, Gauteng, South Africa; and/or Vikela Limited, a company incorporated in Jersey with company number 79391 whose registered office is at Africa House, 11 Castle Street, St. Helier, JE4 9TW, Jersey. 

PURPOSE OF THE PLATFORM

Platform is intended solely to provide registered clients with view-only access to certain information relating to their intellectual property (IP), which is managed by Spoor & Fisher, including but not limited to patents, trade mark registrations, design registrations and applications for these.

CLIENT ACCOUNT ACCESS

Access to the Platform is provided at Spoor & Fisher’s discretion and is restricted to verified clients of Spoor & Fisher.

You are responsible and liable for all the actions of your users of the Platform and you will ensure that your users abide by these Terms as well as all applicable laws and regulations relating to the access and use of the Platform.

You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted under the login credentials assigned to your users.  You will be responsible and liable for all actions of persons using the login credentials of your users.  Spoor & Fisher will not be liable for any damage or loss that you may incur as a result of an unauthorised person using a user’s login credentials, whether with or without your knowledge.  

You will notify Spoor & Fisher immediately of any unauthorized access and/or use of the Platform or of any other known or suspected breach of security.

INFORMATION PROVIDED

Access to and use of this Platform is at your own risk. The information displayed on the Platform is for general informational purposes only and does not constitute legal advice. 

While Spoor & Fisher makes reasonable efforts to ensure the accuracy of the information presented, all representations and warranties, are expressly excluded. 

In circumstances where complete and/or accurate information is critical  or depended upon, information obtained from the Platform should  be verified with personnel of Spoor & Fisher.

USE RESTRICTIONS

You may not reproduce the Platform, the information accessed via the Platform or any part thereof, except that information that is specific to your IP portfolio, may be used internally by you, for lawful purposes and in connection with the management of your own IP portfolio and may be reproduced in hard copy form, for this purpose.

INTELLECTUAL PROPERTY 

The intellectual property embodied in, or associated with, the Platform or the information that is accessible on the Platform, is the owned by Spoor & Fisher and no such rights of ownership are assigned or transferred to you.

CONFIDENTIALITY AND DATA PROTECTION

Confidential and/or proprietary information may be accessed through the Platform. You will keep all information accessed through the Platform, confidential and not disclose this information, nor share access to this information, with unauthorized persons.

Spoor & Fisher processes all client data in accordance with applicable data protection and privacy laws, including the Protection of Personal Information Act, 2013 (POPIA) and the terms reflected in our Privacy Statement.

SECURITY

Spoor & Fisher employs industry-standard security measures to protect Platform data but cannot guarantee that the Platform will be free from security breaches or interruptions.

You are required to notify Spoor & Fisher immediately in the event of any suspected unauthorized access or data breach.

LIMITATION OF LIABILITY

Spoor & Fisher shall not be liable for any loss, damage, or liability, whether direct or indirect, arising from:

(a) reliance on the information accessed using the Platform;

(b) any interruption, delay, or error in accessing the Platform or the information accessed using the Platform; or

(c) unauthorized access to or use of your account.

SUSPENSION OR TERMINATION OF ACCESS

Spoor & Fisher reserves the right to suspend or terminate access to the Platform at any time, without notice, including in the case of suspected misuse, breach of these Terms, or termination of Spoor & Fisher-client relationship.

AMENDMENTS

These Terms may be amended from time to time. Continued use of the Platform following any changes constitutes your acceptance of the revised Terms.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes shall be subject to the exclusive jurisdiction of the South African courts.

If you have any questions about these Terms or the use of the Platform, please contact spoorgateway@spoor.com.