Terms
1. PURPOSE OF DOCUMENT
1.1 These Terms govern your use of, access to as well as the purchase of services using or incidental to the functionality of the Platform. The services relate to the Application to register a trade mark in Australia with IP Australia, which is the Australian Government agency responsible for administering intellectual property law in Australia.
2. ACCEPTANCE
2.1 By accessing or using the Platform, you agree to these Terms.
2.2 If you do not agree to these Terms, you may not use, access or otherwise enjoy any benefits or effect a transaction or make an Application on the Platform.
2.3 We may amend all or any part of these Terms at any time in our sole discretion.
2.4 If we adopt new or varied Terms:
2.4.1 we will post the them on the Platform; and
2.4.2 they will thereupon apply to your use of and access to the Platform and purchase of services through your acceptance of them by subsequent or continued use of the Platform.
2.5 It is your responsibility to check these Terms periodically for changes.
2.6 If you object to any variation to these Terms, your only remedy (to the extent lawful) is to immediately discontinue your use of the Platform.
2.7 By using the Platform, you affirm that you are 18 years or over or otherwise possess legal, parental or guardian consent and not under a legal disability.
2.8 These Terms were last updated on 31 July 2023.
3. RIGHT OF ACCESS TO PLATFORM
3.1 As long as you comply with these Terms and make payments when due, subject to our rights of cancellation, revocation and termination, we grant you a personal, non-exclusive, non-transferable, limited privilege and right to access and use the Platform when it is available.
3.2 As part of your Application, you will be required to create an Account. It is your responsibility to keep your Account details secure. You may change your password at any time by following the instructions as prompted.
4. PLATFORM AVAILABILITY
4.1 While we shall use reasonable commercial endeavours to ensure that the Platform is available continuously (subject to maintenance and update downtime, as well as network and information technology availability, and our right to discontinue the Platform) we do not make any representations, statutory guarantees or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform or purchase of services will provide specific or any anticipated results or benefits.
4.2 The Platform and its Content is delivered on an as-is and as-available basis.
4.3 Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control (including a Force Majeure Event) or simply because we wish to do so.
4.4 Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any page, functionality, feature or service (in whole or part) on, or concerning, the Platform at any time.
5. CHANGES TO SERVICES
5.1 We may make changes to the services offered on the Platform, or to the applicable Fees for any such services, at any time, without prior notice.
6. PRIVACY
6.1 Our Privacy Notice is at: https://www.trademarkability.com.au/privacy-notice
6.2 The Privacy Notice applies to your use of the Platform and service. You acknowledge that you have read and accept their provisions and terms.
6.3 The Privacy Notice may be changed from time to time and is effective immediately upon posting a revised Privacy Notice on the Platform.
6.4 You acknowledge and agree that we may collect Personal Information from you, Process, use and disclose that Personal information to other persons and as contemplated by the Privacy Notice. It is your responsibility to check the Privacy Notice periodically for changes.
6.5 You acknowledge and agree that, without affecting our rights under the Privacy Notice, Personal Information and data provided by you may be shared with or Processed by IP Australia, a relevant Stripe entity, a relevant third party service provider or any of our Affiliated Entities.
7. APPLICATIONS
7.1 You may submit an Application via the Platform. We accept an Application upon full payment of the Fees.
7.2 Your submission of an Application and/or payment of any Fee does not guarantee that your Application will achieve trade mark registration with IP Australia or any other relevant authority.
7.3 You acknowledge and agree that it is your responsibility to respond to queries from IP Australia or from the relevant trademark office. Failure to do so within time may result in the trademark application lapsing.
8. CANCELLATION + TERMINATION
8.1 We may refuse to transmit, revoke or cancel an Application to IP Australia and if we consider appropriate terminate a right of access to the Platform (including communications from IP Australia concerning your Application), without liability to you if:
8.1.1 we consider that you are unable to pay your debts as they fall due or are subject to any insolvency event or bankruptcy event (including a petition or compromise with creditors);
8.1.2 we consider that your Application or use of the Platform is fraudulent, dishonest, misleading or deceptive;
8.1.3 you fail to make a payment on time or if the payment is refused, cancelled, revoked, subject to a charge back or not honoured in full when due;
8.1.4 you breach these Terms or we reasonably believe that you have done so; or
8.1.5 we reasonably form the opinion that supplying services to you may have a negative impact upon our business, commercial reputation, image or business interests.
8.2 We reserve the right, in our sole discretion, to suspend or terminate your use or access to all or any part of the Platform, including if we believe you are abusing the use of the Platform in any way, have breached these Terms or are no longer an active user of the Platform.
8.3 This may mean that an Application, or a response to or from IP Australia, will not progress to filing with IP Australia or may be revoked, cancelled or be unavailable to you. Other detriment may be suffered by you.
9. FEES
9.1 The Fees payable for our services are as stated on the Platform in Australian dollars at the time your Application is submitted correctly via the Platform, together with any applicable taxes, charges and costs (including government fees and disbursements) regarding the services.
10. GST
10.1 Unless otherwise stated, Fees are exclusive of any applicable GST.
10.2 IP Australia government fees do not currently attract GST.
10.3 You must pay to us all applicable GST in addition to any other amounts payable by you to us in respect of a taxable supply.
10.4 We will issue a tax invoice for any taxable supply to you, which may enable you, if permitted by the GST Law, to claim a credit for GST paid by you.
10.5 If GST is payable for a taxable supply by a third party, we will request that party to provide you with a tax invoice as may be required.
11. PAYMENT
11.1 You must make all payments in full at the time of submitting your Application.
11.2 All payments are (to the extent lawful) non-refundable.
11.3 You must make all payments via the Platform or as otherwise requested by us in writing.
12. PAYMENT DEFAULT
12.1 We may charge Default Interest on any amount unpaid and due.
12.2 Default Interest pursuant to clause 12.1 shall be:
12.3 payable on demand; and
12.4 calculated daily from the due date to the actual date the payment is received in full.
12.5 We may recover from you on an indemnity basis any costs or losses we incur to collect any payment.
12.6 Any payment you make to us shall first be credited against any Default Interest accrued pursuant to this clause 12 to the actual date of Payment.
13. FILING + DELAYS
13.1 Filing of your Application with IP Australia generally occurs within 48 hours of submitting of a valid Application for which payment in full has been made.
13.2 A time or timeframe for the performance of our services are good faith estimates only. Time is not of the essence with respect to any times or timeframes.
13.3 You acknowledge and agree that compliance with timing considerations depends on a number of factors, including activities undertaken by third parties (including IP Australia).
13.4 If IP Australia experiences or is responsible for any delays (online or otherwise), our services may also be delayed.
13.5 To the extent lawful, we are not liable for any late or delayed filing of your Application to IP Australia or communication (including to IP Australia) and any such delay does not give you the right to cancel an Application.
14. INFORMATION SECURITY
14.1 We currently adopt the following information security controls with respect to the Platform:
All customer data is secured using industry standard levels of security.
We comply with Customer Confidentiality / Non - Disclosure Agreements.
We have processes in place to notify customers on security incidents and security breaches.
Our data centre locations and jurisdictions are in Australia (Melbourne and/ or Sydney).
Data is stored indefinitely, can be ordered to be destructed at any given time.
Backups are made daily. Database backups are stored on an encrypted AWS S3 Bucket located in Sydney or Melbourne.
We do run local processes to control users' access to customer services through:
Authorisation for new users
Revocation processes for leavers
We do setup password length and complexity controls.
We do differentiate between general and admin accounts.
We do apply auto-lockout after failed attempt.
All network related securirty is protected via Cloudflare.
We do log application event data through a 3rd party channel.
14.2 You acknowledge and understand that any such controls are not a guarantee of information or data security and may be impacted by the activities of third persons (including of a foreign person, state or country) and your conduct as well as the conduct of your Personnel (if applicable).
14.3 To the extent lawful, we accept no liability with respect to information security other than to implement (insofar as it is within our control) the above security controls.
14.4 You acknowledge and agree that transmissions over the internet are never completely private or secure and you understand that any message or information you send to or download from or view on the Platform (where permitted) or any other interaction may be accessed or intercepted by others.
14.5 We cannot ensure that any files or other data you download from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features.
14.6 To the extent lawful, we accept no liability for any interference with or damage to your computer, device, software or data occurring in connection with your use of the Platform or services provided by us.
14.7 You acknowledge that your computer, software or data may be damaged by a virus transmitted or activated via the Platform or your access to or use of it.
15. ACCURACY OF INFORMATION
15.1 Content or information on the Platform or which is acquired from IP Australia or other sources may not be accurate, current or complete and we make no commitment to update content or information.
16. PLATFORM CONTENT
16.1 The Platform contains Content that is protected by our Intellectual Property Rights.
16.2 You do not have any right, title or interest in or right of use of any Content on the Platform.
16.3 Except as expressly provided in these Terms, no part of the Platform or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.
16.4 You may however use information on our services purposely made available by us for downloading from the Platform (if any), provided that you:
16.4.1 do not remove any proprietary notice language in copies of such documents;
16.4.2 use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
16.4.3 make no modifications to any such information.
17. PROHIBITED USE
17.1 You must not:
17.1.1 use the Platform in breach of any applicable laws or regulations;
17.1.2 use the Platform (or Content obtained from the Platform):
(a) to transmit (or authorise the transmission of) junk mail, chain letters, unsolicited emails, instant messaging, spimming, or spamming;
(b) to impersonate any person or entity;
(c) to solicit money, passwords or Personal Information from any person;
(d) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
(e) for any unlawful purpose;
17.1.3 use the Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available, including as part of an Application) any material that:
(a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
(b) contains, promotes, or provides information about unlawful activities or conduct;
(c) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(d) exploits another person in any manner;
(e) contains nudity, excessive violence, or sexual acts or references;
(f) includes an image or Personal Information of another person or persons unless you have their consent;
(g) poses or creates a privacy or security risk to any person;
(h) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(i) contains large amounts of untargeted, unwanted or repetitive content;
(j) contains restricted or password only access data or hidden content;
(k) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(l) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
(m) contains financial, legal, medical or other professional advice;
17.1.4 interfere with, disrupt, or create an undue burden on the Platform or any systems, or networks connected to the Platform;
17.1.5 use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform;
17.1.6 use the Platform with the assistance of any automated scripting tool or software;
17.1.7 frame or mirror any part of the Platform without our prior written authorisation;
17.1.8 use code or other devices containing any reference to the Platform to direct other persons to any other web page;
17.1.9 attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
17.1.10 probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network or information technology connected to the Platform (including via an API);
17.1.11 reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform to its source, or exploit the Platform or any service or information made available of offered through the Platform, in any way where the purpose is to reveal any information, as provided for by the Platform;
17.1.12 use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person’s use of the Platform;
17.1.13 except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so; or
17.1.14 delete any attributions or legal or proprietary notices on the Platform.
17.2 You must provide us with such co-operation and support as we reasonably request to allow us to perform and supply the services, including by ensuring that the information you provide to us is kept accurate and up-to-date, including by providing updates to us as soon as practicable after any information changes.
17.3 You must respond to all communications and correspondence from us or IP Australia by any stated deadlines or time and in the absence of any deadline or time then within a reasonable time.
18. MATERIAL OF USER
18.1 You acknowledge and agree that any trade mark applied for by you is being used by the Applicant, or with their consent, in relation to the goods or services stated, or there is a bona fide intention that it will be so used.
18.2 By uploading, transmitting, posting or otherwise making available any material, including a word or logo as part of an Application, via the Platform (where permitted), you:
18.2.1 grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and use the material for the purposes contemplated by the Platform;
18.2.2 warrant and represent to us that:
(a) you have the right to grant such a licence;
(b) the material does not breach these Terms; and
(c) unconditionally waive and will procure a waiver of all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the material.
18.3 We reserve the right (but have no obligation) to:
18.3.1 review, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, breaches these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
18.3.2 monitor use of the Platform and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.
18.4 We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Platform by IP Australia or any person other than us.
18.5 For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made material available on the Platform simply by facilitating others to post, transmit or make material available, nor do we endorse any opinion, advice or statement made by any person other than us.
19. WARRANTIES + REPRESENTATIONS
19.1 You warrant and represent to us that:
19.1.1 You are authorised to use the services;
19.1.2 you have and will make your own assessment of the fitness for purpose and suitability of any services proposed to supplied to you;
19.2 if you are not the named Applicant with respect to a specific Application or you are using our services on behalf of a third party, you are duly authorised to act on behalf of and bind the Applicant and relevant third party to these Terms and in such circumstances you accept joint and several liability with the Applicant and any such third party;
19.2.1 you do not and will not rely on our skill or judgment regarding the acquisition of any services or the making of an Application;
19.2.2 you have not made nor will make known to us (directly or indirectly) the particular purpose for which you acquire any services or make an Application (excepting the detail of classes for a relevant trade mark);
19.3 if you provide us or the Platform with material to be used in the supply of the services, such as words or a logo, our use of any such materials will not infringe the Intellectual Property Rights of any third party;
19.3.1 the information you provide to us is complete, true and correct in all respects; and
19.3.2 your instructions and communication to us and via the Platform in relation to the service and any Application do not and will not infringe any third party rights anywhere in the world and is not illegal.
19.4 You acknowledge that neither we nor any person acting on our behalf has made any representation or warranty regarding the services, any software or any product of our services (including as to the quality or suitability for any purpose, or whether the performance or possession or use of such things will infringe the rights of any person, or whether the services will be uninterrupted or error free).
20. THIRD PARTY WEBSITES + ADVERTISING
20.1 The Platform may feature or display links and pointers to websites operated by third parties, which are provided solely as a convenience to you. Such websites do not form part of the Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such website, you leave the Platform entirely at your own risk.
20.2 You must not link to the Platform from any other website (or otherwise authorise any other person to link from a third party website to the Platform) without our prior written consent.
20.3 The Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
20.4 If you contact a person using functionality provided on the Platform, including with IP Australia or via electronic means, we do not accept any responsibility for any communications or transactions between you and the relevant person.
20.5 From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the Privacy Notice.
21. CONTENT DISCLAIMER
21.1 You assume total responsibility for your use of the Platform and any linked independent third-party websites.
21.2 Except where expressly stated otherwise, content on the Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent professional advice tailored to your specific circumstances prior to making any decisions.
21.3 To the extent lawful, we do not make any representation or warranty that any content on the Platform will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
21.4 We will not be liable for loss resulting from any action or decision by you in reliance on the content on the Platform, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.
21.5 You acknowledge that we are not responsible for, and accept no liability in relation to, any other user’s use of, access to or conduct in connection with the Platform in any circumstance.
21.6 To the extent lawful, your sole remedy for dissatisfaction with the Platform or any content or material is to stop using the Platform.
22. STATUTORY RIGHTS
22.1 Certain statutory guarantees, warranties and rights may apply to your purchase of services from us as provided by relevant laws but subject to these Terms as applicable and where permitted by relevant laws.
22.2 Nothing in these Terms excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.
22.3 If section 23 of the ACL applies to any provisions in these Terms, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL.
23. EXCLUSIONS + LIMITATIONS
23.1 All express and implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to use of the Platform and these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
23.2 Any liability arising in relation to your use of the Platform and the services, however arising and whether for Consequential Loss or otherwise, including any liability arising by virtue of any representation, statutory guarantee or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
23.3 No warranty or representation is given and we will not be liable for:
23.3.1 alterations to or interference with the Platform;
23.3.2 damage, loss or failure caused by unusual or non-recommended use or application of the Platform; or
23.3.3 loss caused by any factors beyond our control or a Force Majeure Event.
23.4 We will not be liable for any Consequential Loss.
23.5 Certain provisions of the Competition and Consumer Act 2010 (Cth) (including, without limitation, the ACL) provide consumers (as that expression is used in the ACL) and others with certain rights (collectively, the consumer guarantees) in relation to goods or services acquired by consumers.
23.6 We do not (to the extent lawful) give any guarantee, indemnity or warranty or make any representation of any kind, express or implied, written or oral, arising by statute, operation of law, course of dealing, usage or trade or otherwise with respect to the supply by us of any services except as expressly stated in these Terms.
23.7 To the extent lawful, our aggregate liability for breach as well as our duties at law and in equity (however arising) and whether in contract, tort (including without limitation negligence), under statute, under indemnities or on any other basis concerning the same is limited to an amount of A$5,000 or the amount paid by you for the relevant services in the last 12 months prior to the date when the cause of action first arose (or in the case of multiple causes of action relating to the same event or circumstances then the first such cause of action), whichever is the lesser amount.
23.8 We are not liable to the extent that there is a failure, default, delay, suspension, lack of connectivity, network failure, failure of software or any issues with IP Australia’s systems or information technology infrastructure.
23.9 To the extent lawful, we shall have no liability to you for or concerning any Customer-induced Issue or issues caused or relating to you or your systems or network.
23.10 Nothing shall prevent a claim by us or limit or exclude your liability to pay the Fees.
23.11 Our total liability for breach of a consumer guarantee is limited to (at our option) the supply of the services again or the payment of the cost of having the services supplied again.
23.12 If we obtain goods or services from a third party (including IP Australia) to carry out your instructions or complete an Application:
23.12.1 we will not be liable (to the extent lawful) for any breach of these Terms if that breach is as a result of or is connected with the supply by such a third party of such services;
23.12.2 We give no warranty in respect of any services that are supplied or carried out or provided to you by a third party even where forming part of an Application.
24. COPYRIGHT
24.1 If you wish to send us a copyright infringement notification, you will need to identify the content or material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information.
24.2 You must sign the notification and send it to [email protected].
25. POWERED BY VERIMUS
25.1 Trademarkability is an online trademark platform and service powered by Verimus Pty Ltd.
25.2 Verimus Pty Ltd is not a law firm and does not provide legal advice.
25.3 Information, documents and any other material provided by Verimus Pty Ltd is general in nature and not to be considered legal advice. It may not be relied upon.
26. DISPUTE RESOLUTION
26.1 You agree to use reasonable commercial endeavours to cooperatively and promptly resolve any dispute with us or concerning your use of the Platform, at all times acting in good faith.
26.2 You agree not to disparage us or to seek to harm our reputation or goodwill.
26.3 Neither party shall commence legal proceedings with respect to any dispute without first seeking to resolve the dispute as contemplated in this clause above for a period of not less than 30 days. This shall not prevent the seeking of injunctive relief.
27. GENERAL
27.1 You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your breach or alleged breach of these Terms.
27.2 You will comply with all instructions with respect to the making of any Application and as regards communications with and concerning IP Australia.
27.3 You shall ensure that the Platform is used by you only for lawful purposes and in accordance with any applicable laws.
27.4 These Terms shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
27.5 As part of an Application, may offer an address for service for trade mark notifications and communications. We may revoke the right to use such an address at any time.
27.6 We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms without our prior written consent.
27.7 Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
27.8 No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
27.9 You may not set off against any payment any claims which you may have against us.
27.10 Time is of the essence with respect to your obligations of payment and compliance with any deadlines.
27.11 If a Force Majeure Event occurs, we may:
27.11.1 totally or partially suspend any Application or any services relating to an Application during any period in which we may be hindered due to that Force Majeure Event; and
27.11.2 elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances.
28. GOVERNING LAW + JURISDICTION
28.1 These Terms shall be governed by the laws of the State of New South Wales and you submit to the exclusive jurisdiction of the courts of New South Wales.
29. INTERPRETATION + DEFINITIONS
29.1.1 Personal pronouns: Except where the context otherwise provides or requires:
29.1.2 the terms we, us or our refers to Verimus Pty Ltd (ACN 627 419 345) or its assignee or successor in title (as the case may be); and
29.1.3 the terms you or your refers to a user of the Platform and includes (where the context requires or is applicable) an Applicant.
29.2 Defined terms: In these Terms, unless otherwise provided or contemplated, the following terms shall have their meaning as specified:
Account means the account that you create to access and use the Platform and services. Your account requires a username and password.
ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended.
Affiliated Entities means our Related Bodies Corporate, affiliates, associated entities and relevant partners from time to time.
Applicant means the named applicant for a trade mark using the Platform.
Application means a trade mark application made via the Platform.
Consequential Loss means any losses suffered by you that cannot reasonably be considered to arise naturally, or in the ordinary course of things, from any act or omission (including a breach of contract) in connection with these Terms and any Application and even if you have been advised of the possibility or likelihood of such damage, cost or loss. You agree that, in any event, loss of profits, loss of revenue, loss or corruption of data (including any corruption, loss or recovery of content or data, costs of reprogramming, repairing, correcting or reproducing any content or data stored in or used in conjunction with any deliverable or service, operational disruption or errors that impede data traffic and any losses otherwise caused by corrupt or inadequate content or data arising out of or in connection with the use of any service of the Platform), loss of goodwill, bargain opportunity and loss of anticipated savings or use however and whenever occurring, will all constitute Consequential Loss.
Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trade marks, logos, sounds, music, artwork, information and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platforms which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
Customer-induced Issue means any non-conformity or issue which is related to, concerns or results from your act, omission, misuse or failure.
Default Interest means 5% above the RBA Cash Rate from time to time per annum, compounded daily.
Fees means amounts due and payable from time to time for our services including government fees and disbursements as the case may be.
Force Majeure Event means circumstances beyond our reasonable control, which shall include, but not be limited to compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, failure of a network (public or private) or information technology; your acts or omissions, fires, floods, strikes, lockouts, embargoes, wars, labour or material shortages, riots, insurrections, pandemics, epidemics, defaults of our subcontractors or instructions or information or lack of instructions or information from you.
GST and GST Law mean as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Personnel means the officers, employees and contractors (including sub-contractors) of that person and any of its Related Bodies Corporate.
Platform means the platform and website located at www.trademarkability.com.au.
Personal Information has the meaning given in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Notice means the privacy notice of Verimus Pty Ltd concerning the Platform, being as located on the Platform.
Process means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (subject to applicable laws).
Related Bodies Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).
Terms means the terms and conditions in and comprising this document as amended from time to time.