TITLE TRADE MARKS TERMS AND CONDITIONS

These terms and conditions (the Terms) apply to the use of the website found at URLs www.titletm.com, www.titletrademarks.com, www.titletrademarks.com.au, www.titletrademark.com, and www.titletrademark.com.au (the Website), including the publishing or purchase of services advertised on this Website or via telephone or email. In these terms and conditions, the terms, “we“, “us” and “our” refer to Title Trade Marks Pty Ltd (ACN 607 350 201) as the owner of the Website and Title Trade Marks (ABN 85 787 274 728) when any trade mark services are being provided by us directly.

The TitleTM™ Service
  1. We facilitate a number of Internet based services through this Website.
  2. The two key types of services we facilitate as part of the TitleTM Service are applying for Australian trade marks and searching the Australian Trade Marks Register (as well as other Australian sources) for trade marks.
  3. We may offer a number of other services on this Website, such as message boards, contests, information updates and newsletters, which may change from time to time.  We may require users to agree to be bound by supplementary terms and conditions in relation to those other services as well.
  4. How we operate is we contract freelance trained professionals who are intellectual property lawyers or trade mark attorneys to provide the trade mark services. These services are facilitated by our Website and provided through our common branding but directly from the freelance professionals themselves.

 

Acknowledgement and Acceptance of Terms
  1. Your access to and use of the Website, including any order for services through the Website, and the provision of these services by our TitleTM™ Experts is facilitated through the Website (each and together, referred to as “using this website”), are subject to and conditional upon your acceptance of these Terms and any applicable law.
  2. By using the Website, you accept these Terms.  If you do not agree, you must refrain from using the Website.  Without limiting our other rights and remedies we may deny access to use the Website to anyone who breaches these Terms.
  3. All rights that are not expressly granted to you in these Terms are reserved.

 

Amendments to Terms
  1. We may amend these Terms at any time without notice to you, and it is your responsibility to monitor the Website for changes.
  2. Amendments will come into effect from the date they are published on the Website.  The updated version of these Terms will supersede all prior versions.
  3. Your continued use of this Website following that publication will constitute your agreement to be bound by the amended Terms.

 

Eligibility
  1. We will only knowingly provide the TitleTM™ Service to people who have the legal capacity to enter into contracts under applicable law.
  2. To use the Website, you must be 18 years of age or older. By proceeding to use this Website, you acknowledge and warrant that you are over 18 years of age or are otherwise under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
  3. You agree to comply with all local laws regarding online conduct and acceptable content.

 

Using the TitleTM™ Service
    1. In order to use certain elements of the TitleTM™ Service (for example, to apply for a trade mark search or file a trade mark application) it will be necessary for you to provide certain details regarding your trade mark, your personal details, your business and/or your proposed trade mark use.
    2. To be able to apply for these services, you must insert your details in the various application pages in the manner described on those pages of this Website. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.
    3. If you do not provide us with any of the information when apply for these services, we may not be able to provide the services in some cases and you may not be able to access or use some or all of the facilities available from the TitleTM™ Service or this Website.
    4. You agree to ensure that your contact and payment details are true and accurate at all times and you undertake to update your details from time to time when they change if you apply for a trade mark through the Website.
    5. You may, subject to specific restrictions set out in these Terms, download material from the Website solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change of delete any proprietary notices or disclaimers from any material downloaded from the Website.

Registration Guarantee*
  1. If you order an Advanced Search with us before applying for a trade mark through the Website, you may be eligible for our Registration Guarantee. We will notify you in your Advanced Search results email whether you are eligible or not. Please note that conducting a Basic Search will not make you eligible for the Registration Guarantee.
  2. Eligibility for the Registration Guarantee depends on whether in our searches we locate any trade mark use that we think is likely to hinder or stand in the way of your trade mark application.
  3. If the Registration Guarantee is applicable to you and your trade mark application is objected to by the Trade Marks Office and we do not think your chances are high of overcoming the examiner’s objections, our TitleTM™ Experts will file another different trade mark application for you free of professional charges (Government fees still apply).  Of course, our TitleTM™ Experts will seek your instructions before applying for any other trade marks.

 

Private Address Service
  1. If you wish for your trade mark ownership details to remain private (see item 24 below), you can elect the ‘Private Address Service’ option when you apply for a trade mark. When doing so, you consent to our TitleTM™ Experts applying for the trade mark in the name of Title Trade Marks Pty Ltd and providing you with an exclusive licence agreement (not publically available) which will document the details relevant to your trade mark application.
  2. When (and if) you wish for you or your business to have your details noted on the public trade marks register, then our TitleTM™ Experts will assist you lodging the agreement and appropriate documentation to transfer the publicly listed ownership with the Trade Marks Office.
  3. We recommend using the private address services if you have not yet incorporated the body corporate that intends to use the trade mark. You acknowledge and agree that you are aware of the circumstances in which a trade mark can be applied for privately on your behalf and the circumstances in which it cannot.

 

TitleTM™ Experts
  1. We are a service that allows facilitates the purchase of trade mark services through the Website. These services are provided by our freelancer trained professionals and in accordance with their practising certificates or appropriate registrations. We do not provide legal or trade mark services ourselves.
  2. You acknowledge that we have no control over the quality, safety, morality or legality of any aspect of the trade mark services provided save for that the advice is coming from a trained professional.
  3. We encourage you to communicate directly with your allocated TitleTM™ Expert through either the tools available on the Website or the email address provided to you when your TitleTM™ Expert contacts you.
  4. To help protect you, we request that all of our TitleTM™ Experts have the appropriate professional indemnity insurance cover. We encourage you to seek confirmation of this from your allocated TitleTM™ Expert.
  5. By submitting an online application or request for trade mark services from us through the Website together with your payment you are retaining our TitleTM™ Experts to carry out legal work on your behalf. You agree to pay the fees and out of pocket expenses for the work requested by you in accordance with the fees set out on this Website or as otherwise agreed by you directly.
  6. In the event at any time that you are not satisfied with any aspect of your delegated TitleTM™ Expert’s service please contact us at [email protected] as we are incredibly proud of our professional reputation and wish for you to have the best service experience. You are also entitled to raise your concerns with the Law Institute of Victoria located at 470 Bourke Street, Melbourne 3001 in relation to your delegated TitleTM™ Expert.

 

Content on Website
  1. You agree that we are not responsible or liable for any advertising (which includes data, information, images, profiles, audio, video, products, services and links) posted by any person on the Website.
  2. You acknowledge that we are not responsible for any content sent to you outside of the Website from your TitleTM™ Expert. If you have any issue with the content sent to you by your TitleTM™ Expert, please bring this to our attention however, ultimately the resolution of any dispute is between you and your TitleTM™ Expert.
  3. You use the TitleTM™ Service at your own risk.
  4. The information contained on the Website is presented in summary form only and is not to be considered complete. The information contained on the Website should not be regarded as or used in the place of professional advice. Users of the Website should consult with our TitleTM™Experts directly or with a solicitor to obtain expert advice in a complete form.
  5. Further, while all efforts are made to ensure the information contained on this Website is up to date and accurate, we do not make any warranties that all information is accurate and without error. We will not be liable for any loss or damage caused by the reliance on information set out on this Website without obtaining expert advice.

 

Purchasing services
  1. You may offer to purchase services described on this Website, at the price specified on the Website. We encourage you to review our Pricing Page thoroughly to ensure you are aware of the correct price of the services you wish to purchase.
  2. Prices are listed as exclusive of goods and services tax (GST) where applicable. Our prices may vary from time to time and the fees payable be those that are appear on our Website at the point of purchase.
  3. We reserve the right to amend the TitleTM™ Service. If we introduce a new service, the fees for that service are effective at the launch of the service.
  4. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the services. You are responsible for all applicable taxes.
  5. If you purchase services, you must deliver appropriate payment for items purchased.
  6. When services are provided on an annual basis, you have the obligation to ensure your payment details are maintained and up to date so we can process payment for these services periodically. If your services received are not paid in full and become overdue, our rights include, but are not limited to, the accrual of interest at a rate of 16% per annum, the suspension of privileges and/or termination of the services and other collection mechanisms (including retaining collection agencies and legal counsel).

 

Cancellation of orders
  1. You acknowledge that despite our reasonable precautions, services may be listed at an incorrect price or with incorrect information or may be unavailable as a result of technical faults.  This may be due to an error or similar oversight. In that event the right to cancel an order is reserved.
  2. We may also cancel an order if we believe that it is being made in contravention of these Terms or in contravention of the rights of any person or of any law.
  3. If a cancellation occurs after the buyer’s credit card has been charged for the purchase, we will immediately procure a credit to the buyer’s credit card account of the purchase amount.
  4. You may not cancel an order once it has been submitted and you only have one hour from requesting services to amend or vary any service request.

 

Advertising
  1. By submitting any advertising to the Website, you grant to us a worldwide, royalty-free, transferable, non-exclusive, right and licence to use the advertising, for reproduction on the Website and on products or services, and in any media existing now or in the future as we deem necessary, to enable you to use the TitleTM™ Service, for so long as your advertising remains stored on our Website.
  2. We may grant sub-licences to third parties for the purposes of producing products or services and the providing the TitleTM™ Service.
  3. You acknowledge that we have the right to remove or reject any advertising or content that you submit on the Website, if we believe that the advertising or content, its uploading, storage, display or use is in contravention of these Terms or any other agreement with us, or contravenes the rights of any person or of any law.
  4. We also reserve the right to notify the appropriate authorities of such a contravention (or suspected contravention) and to provide a copy of the advertising or content, and other information to the appropriate parties.

 

Our intellectual property
  1. Copyright in all of the contents of the Website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us.
  2. All trade marks (registered and unregistered) that we use on the Website are owned by or licensed to us.
  3. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these Terms, or with our express written permission, you may not in any form or by any means:
  4. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any information or thing available from this Website or provided by your TitleTM™ Expert; or
  5. commercialise any information, samples or services available or obtained from this Website.

 

Commercial messages
  1. Any personal information, including email address and TitleTM™ Experts’ information, you obtain from the Website may only be used for that transaction or for Website-related communications.
  2. We have not granted you a licence to use the information for unsolicited commercial messages. You are not licensed to add any Website user to any mailing lists without that user’s express consent.

 

Linked websites
  1. You may be able to link to third parties’ websites through the Website. Those links are provided for convenience only and may not remain current or be maintained.
  2. You understand that third parties’ websites are not endorsed, reviewed, controlled, or examined by us in any way and we are not responsible for the content of any third parties’ websites. You acknowledge that the inclusion of links in the Website is not intended as an endorsement or recommendation of any linked website or content of such website.
  3. Your access to any third party website is governed by the terms of use contained on that third party website. You agree that it is your responsibility to comply with the appropriate terms of service of the third parties’ websites.

 

Our liability
  1. We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
  2. TitleTM™ excludes all conditions, warranties and terms applied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non Excludable Condition).
  3. TitleTM™’s liability for breach of any Non Excludable Condition is limited at TitleTM™’s option to one of supplying, replacing or repairing the goods or supplying again the services in respect of which the breach occurred, or paying the user the cost of acquiring equivalent goods or services in respect of which the breach occurred.

 

Indemnity
  1. By using the Website, you agree to indemnify and hold us and our associates, officers, directors, agents, business name holders and employees harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Website or any linked websites or your violation of any law or the rights of a third party.

 

Termination of access
  1. Access to this Website may be terminated at any time by us without notice.  Our disclaimers will nevertheless survive any such termination.
  2. We reserve the right to terminate any person’s client status at any time if they breach these Terms, any other agreement with us, or any relevant law, regulation or community standard or for no reason at all.

 

General obligations
  1. If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
  2. Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
  3. We may transfer or sublicense or subcontract our rights and obligations under these Terms. In the event the Website is sold or transferred wholly or partially to a third party, you agree that your acceptance to that transfer is deemed based on your continued use of the Website.
  4. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
  5. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

 

Governing law
  1. These Terms are governed by the laws in force in Victoria, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

To return to the Website
  1. By returning to the Website or continuing to use the Website, you acknowledge that you have read, understood and accepted the above Terms.

 

This website provides general information regarding brand protection. We do not provide legal advice through the website and information on our website does not take into account your personal circumstances, needs and objectives. You must speak with your Title Trade Marks lawyer directly to obtain legal advice. We make no warranties or representations regarding the material on this website, including those regarding its fitness for any purpose, or any defects or errors. We are not liable to users of the information for any loss or damage however caused resulting from use of this site. Liability is limited under a scheme approved by Professional Standards Legislation.