Terms Of Service

IPANDA TERMS OF SERVICE, DISCLAIMERS, LIABILITY WAIVER, PRIVACY POLICY AND DIGITAL SIGNATURE AUTHORISATION

1. Introduction

Welcome to IPANDA (“Platform”). IPANDA is operated by Steyn IPanda (Pty) Ltd, a private company incorporated in the Republic of South Africa.

The Platform provides an online system to facilitate the renewal of South African intellectual property rights, including patents, trade marks & registered designs (“IP Rights”).

These Terms of Service, including the Disclaimer, Liability Waiver, Privacy Policy, & Digital Signature Authorization (“Terms”), constitute a legally binding agreement between the User (“you”) & IPANDA. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

2. Scope of Services

IPANDA enables Users to request renewals of South African IP Rights through an online portal. IPANDA & its affiliates (“IPANDA Parties”) act solely on the instructions submitted by the User & do not verify the ownership, validity, or status of the IP Rights or the authority of the instructing party.

Renewals are facilitated through JC Steyn Attorneys Incorporated, t/a STEYN IP (“STEYN IP”), an independent South African law firm acting strictly as filing agent based on the User’s instructions. Neither IPANDA nor STEYN IP provides legal advice or verification services under this process.

3. User Representations & Warranties

By submitting an instruction through the Platform, you irrevocably & unconditionally confirm & warrant that:

You have full legal authority & capacity to instruct the renewal of the IP Rights.
The information supplied is accurate, complete, & up to date.
No authentication, validation, or independent verification of your authority or information will be conducted by IPANDA or STEYN IP.
You accept full responsibility for the correctness of the information provided & for ensuring that all applicable deadlines & requirements are met.

4. Finality of Instructions & Non-Refund Policy

All instructions submitted through the Platform are final, irrevocable, & non-refundable.

No cancellation, withdrawal, alteration, or refund will be permitted once an instruction has been submitted & payment has been made.
Renewal processing may commence immediately after receipt of payment. Once commenced, the process cannot be reversed.
IPANDA & STEYN IP accept no responsibility for User mistakes, duplications, or incorrect submissions.

5. Disclaimer

You acknowledge & accept that:

IPANDA & STEYN IP operate strictly as administrative agents & rely entirely on User-supplied information.
Neither IPANDA nor STEYN IP guarantees the successful renewal, validity, or enforceability of any IP Right.
No warranties, guarantees, or representations, express or implied, are made regarding the renewal outcome.

If you require advice regarding your IP portfolio or the status of your rights, you must seek independent legal advice or may contact STEYN IP directly.

6. Indemnity & Limitation of Liability

To the fullest extent permitted under South African law:

You waive any claim against IPANDA, STEYN IP, & their respective directors, employees, consultants, & affiliates (“IPANDA Parties”) arising from or related to the services provided.
You indemnify & hold harmless the IPANDA Parties against any losses, damages, costs, claims, liabilities, or expenses (including legal fees on an attorney-and-client scale) arising from:
Incorrect, incomplete, or outdated information provided;
Your lack of authority to instruct renewals;
Expiration, lapse, or invalidation of IP Rights;
System failures, third-party service interruptions, or force majeure events.

IPANDA Parties shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits or opportunity.

7. Privacy Policy

7.1 Compliance with South African Laws

IPanda is committed to protecting your personal information in compliance with:

The Protection of Personal Information Act, 2013 (“POPIA”);
The Electronic Communications & Transactions Act, 2002 (“ECTA”); &
All applicable South African privacy laws.

Users located outside South Africa consent to the transfer, storage, & processing of their data within South Africa.

7.3 Information Collected

We may collect the following personal information:

Name, email address, & contact details;
Identity of the instructing party;
IP registration numbers & related IP information;
Payment details where necessary.

7.3 Purpose of Collection

We use your information solely for:

Processing & managing renewal instructions;
Communicating regarding renewals & status;
Fulfilling regulatory & administrative obligations.

We do not sell or share your personal information except as required to fulfil our services or comply with law.

7.4 Security

We take reasonable technical & organisational measures to safeguard your personal data. However, we cannot guarantee complete security given the nature of electronic communications.

7.5 Data Retention

We retain your personal information only for as long as necessary to fulfil the purposes outlined or as legally required.

8. Digital Signature Authorisation

8.1 Consent & Scope

By submitting a renewal instruction & clicking “Accept & Proceed,” you expressly:

Authorise IPANDA, STEYN IP, & their representatives to digitally sign & execute all documents necessary for the renewal of the specified IP Rights, including Powers of Attorney (POA) or General Powers of Attorney (GPA), on behalf of the IP registrant or owner;
Acknowledge that the digital signature process complies with the Electronic Communications & Transactions Act, 2002 (“ECTA”) & carries the same legal effect as a handwritten signature.

8.2 Limitations of Authority

The authority granted:

Extends only to the renewal process for the specific IP Rights listed in the instruction.
Does not appoint IPANDA or STEYN IP as the address for service.
Does not oblige IPANDA or STEYN IP to maintain records, track status, or issue reminders for future renewals.

Ongoing management of the IP portfolio remains the responsibility of the IP Right owner.

9. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of South Africa.

The High Court of South Africa (Gauteng Division) shall have exclusive jurisdiction over any disputes arising from the use of the Platform or these Terms. You voluntarily submit to this jurisdiction, regardless of your place of residence or business.

10. Notices

Notices to IPANDA must be sent via the contact details provided on the Platform.

Notices to Users will be sent to the email address supplied during the instruction process & are deemed delivered upon transmission.

11. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be severed without affecting the remaining provisions.

12. Language

These Terms are drafted in English. In the event of discrepancies between translations, the English version shall prevail.

13. Renewal Dates, Deadlines & Record Keeping

The User acknowledges & accepts that:

IPanda & its affiliates, including Steyn IP, do not guarantee that a renewal will be successfully processed if the official renewal date has already passed at the time of instruction.
It is the sole responsibility of the User to maintain accurate records of renewal dates & to ensure that instructions are submitted in a timely manner.
IPanda does not verify renewal deadlines before submitting instructions to the relevant authority. All submissions are made based solely on the details supplied by the User.
Instructions must be received at least five (5) calendar days prior to the applicable renewal deadline to allow for processing & submission. Instructions received later than this may result in missed renewals, for which IPanda accepts no liability.
No refunds will be issued, & all fees will be forfeited in full, regardless of whether the renewal is ultimately processed, if the instruction was late, incomplete, incorrect, or otherwise incapable of being executed.
The User assumes full risk & liability for any loss of rights arising from the late submission of renewal instructions or inaccurate recording of deadlines.

14. Platform Acceptance Confirmation

By clicking “Accept,” you confirm that you:

Have full authority to instruct the renewal(s);
Have provided accurate & complete information;
Understand that no authentication or verification will be performed by IPANDA or STEYN IP;
Accept that all instructions are final & non-refundable;
Authorise IPANDS & STEYN IP to digitally sign & submit renewal documents on behalf of the IP registrant;
Consent to the use of digital signatures under the Electronic Communications & Transactions Act, 2002;
Have read, understood, & agreed to these Terms of Service, including the Disclaimers, Liability Waiver, Privacy Policy, & Digital Signature Authorization; &
Consent to the application of South African law & jurisdiction.