Date: November 2015
These are the Service Terms for the Trademark Registration service, the Service Description for this Service is set out at
http://trademarks.melbourneit.com.au/.
Our Universal Terms of Service apply to these Services. Any terms used and not defined in these Service Terms have the same meaning as given to them in the Universal Terms of Service.
1.1 If you have purchased a Service with a minimum term, your minimum total cost is set out in the Service Description.
1.2 You may upgrade your fixed term Service at any time provided you pay any increased fees that apply to the upgraded Service; your upgraded Service will commence from the beginning of the billing month after you have given notice of the upgrade. If you wish to downgrade a fixed term service, you may only do so if there is more than 6 months remaining in your fixed term, and by providing 6 months' notice.
2.1 We will use reasonable efforts to supply the Service in accordance with these Service Terms.
2.2 We may use third parties to act on your behalf in order to provide the Services. You appoint us as your agent in order to engage those third parties to act on your behalf and to instruct them in order to deliver the Services to you.
2.3 We may suspend or terminate this Service immediately (at our sole discretion) if we determine that there has been or may be any activity which may have a negative impact on our business or reputation (including illegal activity or infringement of any third party rights) or result in a breach of this Contract by you.
2.4 YOU ACKNOWLEDGE AND AGREE THAT:
(A) WE ARE NOT A LEGAL FIRM AND NO NOT PROVIDE LEGAL ADVICE;
(B) IN NO WAY WILL THE PROVISION OF THE SERVICES, OR ANY ADVICE RELATED TO THE SERVICES (REGARDLESS OF THE FORM OF SUCH ADVICE), BE CONSTRUED OR DEEMED AS A LEGAL SERVICE AND/OR LEGAL ADVICE;
(C) WE DO NOT PROVIDE ANY LEGAL OPINIONS OR ADVICE IN RELATION TO THE RESULTS OF SEARCHES PERFORMED (OR REPORTS GENERATED), OR YOUR POTENTIAL RIGHTS AGAINST ANY THIRD PARTIES; AND
(D) YOU ARE SOLELY RESPONSIBLE FOR DECIDING TO SEEK LEGAL ADVICE IN RESPECT OF ANY INFRINGEMENT OR INTELLECTUAL PROPERTY LAW QUESTIONS ARISING OUT OF THE SEARCH RESULTS, REPORTS OR THE SERVICES.
3.1 To the extent that the Services involve us providing you with any Software, or access to any website or computer software stored on our computer systems (Software), we grant to you a personal, non-exclusive, revocable licence to use the Software solely for the limited purpose of receiving the Service.
3.2 We retain all intellectual property rights which may have been utilised in the creation of any search results, analysis, reports, written advice or information (Reports) provided by us or the Software to you or any work performed by us in the course of providing the Services. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use the Reports for your respective internal business purposes (but not to disclose any Reports to third parties unless otherwise agreed in writing prior to that disclosure). Nothing in this Contract transfers to either party any intellectual property rights owned by the other party existing prior to the commencement of the Services.
3.3 You agree any use of Software must be in accordance with any documentation or written instructions provided to you by us.
3.4 Except to the extent expressly permitted by these Service Terms, you must not:
3.5 You acknowledge and agree that processes implemented by the Software are protected by intellectual property rights and are owned or licensed by us. You also acknowledge and agree that should an unauthorised third party access the Software in connection with any act or omission by you, it may cause loss to us and render you liable to compensate us for such loss.
3.6 We make no warranties (express or implied) that we will find or present to you all such information that is publicly accessible or that the Services will uncover or appropriately identify all relevant information, or that the Services provided will deliver any particular outcome. The Software is provided to you on an "as is" and "as available" basis, without any warranty as to its availability or performance.
4.1 We will contact you only by email. You are solely responsible for receipt of correspondence sent to you. We are not responsible for your failure to receive correspondence sent to you due to any security or anti-spam system or any problems with your email system.
4.2 You must use the Software, Reports and Services in accordance with all applicable laws and must ensure that all information, directions and requests provided by you complies with all applicable laws. You must not use the Software or Services for the purpose of conducting or promoting any activities which are in breach of any applicable laws or any rights of any third party.
4.3 You warrant that: