TERMS AND CONDITIONS

These Terms and Conditions explain how you may use our Website and our online trade mark filing service for applications lodged with IP Australia (Service). By using the Service, you confirm that you are legally able to enter a contract and that you accept these Terms. If you do not agree, you must not use the Service.

We may change these Terms at any time. Continued use of the Website means you accept the updated Terms.

1. Forming a Contract When you place an order, you are offering to purchase the Service for the fee shown. We will review your order and may contact you before deciding whether to accept it. A binding contract only forms when we send you an email confirming acceptance. We may refuse any order at our discretion.

2. Cancelling Your Order You may cancel your order at any time before acceptance by emailing us. Once we accept the order, it cannot be cancelled. We may terminate the contract if you do not pay fees, provide false information, delay unreasonably, create a conflict of interest, or seriously breach these Terms. If the contract is cancelled, we will refund any amount you paid, minus costs we have already incurred.

3. Our Service We will use reasonable care to provide the Service. We may use third parties to help deliver the Service, and you authorise us to act as your agent for that purpose. You understand that search tools have limits and may not detect similar trade marks. We are not a law firm and we do not provide legal advice.

4. Fees and Payment Fees are as shown on the Website and are payable when you place your order. You confirm that you are authorised to use the payment method provided. We use a third-party payment processor and are not responsible for its security. If your order is rejected, we will refund your payment minus any transaction charges.

5. No Guarantee of Registration Using our Service does not guarantee that your trade mark will be accepted or registered by IP Australia. We will be recorded as your address for service. If IP Australia issues an Adverse Report, we may refer you to our affiliated firm, brandU Legal, which may charge additional fees. You must respond to them promptly to avoid your application lapsing.

6. Limitation of Liability To the fullest extent allowed by law, we are not liable for loss arising from your use of the Website or Service, delays, errors, search limitations, payment provider issues, or actions of third parties. Where liability cannot be excluded, our responsibility is limited to resupplying the Service or refunding the fee you paid.

7. Your Responsibilities You must provide accurate information and respond to our communications in a timely manner. You acknowledge that you may lose rights if you delay. You must update your contact details when they change. You agree to indemnify us for loss caused by incomplete or incorrect information, failing to seek independent advice, or breaching these Terms.

8. Privacy Our Privacy Policy explains how we handle your personal information. By using the Service, you consent to us collecting, using and sharing information with IP Australia, payment providers, and our affiliated entities where required.

9. Intellectual Property We own the intellectual property in the Website and its content. You must not copy, modify, distribute or publish any material without written permission.

10. Third-Party Links and Providers Links to other websites are provided for convenience only. We do not endorse or control third-party sites or services. We are not responsible for any loss arising from third-party content or actions.

11. Your Warranties You confirm that you are at least 18 years old and legally able to enter a contract. If you act for a company, you warrant that you are properly authorised to do so.

12. Governing Law These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the jurisdiction of NSW courts.

13. Entire Agreement These Terms form the entire agreement between you and us regarding the Service.