1. Introduction
  • This website is a created and controlled by Vault Law Pty Limited (ACN 625 303 540) trading as Trade Mark Direct (Trade Mark Direct, we or us).
  • These terms and conditions of use(Terms of Use), together with our Privacy Policy, apply to your use of ourinformation,materials, trade mark services and related products and services (collectively,Services)and our website trademarkdirect.com.au (Site). The term you oryourrefers to the person or organisation accessing, using or relying upon our Site and the Services offered, on or via, the Site.
  • Please read these Terms of Use carefully before accessing or using theServices available through theSite. Whenever you access or use this Services and/or Site you indicate that you have read, understood and accept these Terms of Use, together with our Privacy Policy, and that you agree to be bound by them. Please contact us at hello@trademarkdirect.com.au if you have any particular questions in relation to the use of the Site.If you do not wish to comply with the Terms of Use, you should not access or use the Site and the Services offered, on or via, the Site.

 

  1. Information provided on this Site
  • This Site is made available by Trade Mark Direct for educational purposes only as well as to give you general information and a general understanding ofAustralian trade mark law and our Services. The information and material contained on this Site does not take into account your individual needs, objectives or circumstances, and it is does not constitute legal, financial, taxation or other advice. Any reliance on, and use of, the information and material contained on this Site is at your own risk.
  • Trade Mark Direct does not warrant the accuracy or completeness of the information and material provided on, or via, the Site andTrade Mark Direct is under no obligation to update this information or material nor notify you of any changes unless required by law. Trade Mark Direct assumes no responsibility or liability for any such inaccuracies, errors or omissions, andTrade Mark Direct is not liable to you or anyone else for any use or reliance upon any information or material contained on, or via, the Site.
  • Trade Mark Directdoes not recommend or endorse anythird party goods, services or content appearing on, or via, this Site, or any user generated content appearing on or via social media pages or other sites which are linked to this Site, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from these websites, or use of, or reliance on, such websites, products or services is at your own risk.Trade Mark Directhave no control over the contents, quality, integrity of those third party sites, products or services, and Trade Mark Direct accept no responsibility for them or for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise).

 

  1. Not legal advice
  • Trade Mark Direct and its registered trade mark attorneys and consultantsprovide trade mark registration and related services only. Trade Mark Direct does not provide legal advice and services. If you require or are seeking legal advice and services, we can refer you to our related entity, Vault Legal Pty Ltd (Vault Legal). Vault Legal has a team of experienced trade mark lawyers and intellectual property lawyers who can provide you with a range of intellectual property services, including trade mark enforcement services.
  • Prior to engaging Vault Legal to provide you with legal advice and services, Trade Mark Direct recommends that you refer to Vault Legal’s website terms and conditions, privacy policy and engagement letter that would apply to your relationship with Vault Legal.

 

  1. Access and use of this Site
  • Trade Mark Direct will not be liable to you or anyone else if for any reason the Site is unavailable (wholly or partly) at any time or for any period.
  • Access to the Site is permitted on a temporary basis, and Trade Mark Direct reserve the right to withdraw or amend the Services, information and content we provide on, or via, the Site at any time without notice. From time to time, we may restrict access to some parts of the Site (wholly or partly).
  • You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection or mobile telephone are aware of these Terms of Use, and that they comply with them.
  • When accessing and using the Site, you must not misuse, disrupt, impair orundermine the, security or integrity, ofthe Site orTrade Mark Direct’s computing systems or networks, or any computing systems or networks involved in maintaining this Site, or gain unauthorised access to any systems or materials other than those you have been given express permission to access.
  • You must not use this Site to post, distribute or transmit any files that may damage any other person’s computing devices or software (including anyvirus, worm, trojan, or other harmful software or component), content or material that may be offensive, or material or data in violation of any law.

 

  1. Liability and disclaimer
  • The Internet is not a secure medium and communications to and from this Site may be intercepted or altered in transit. Trade Mark Direct does not warrant and is not liable to you or any third person for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, systems, or data due to your access to, or use of, this Site or any links to third party sites, and for the downloading of any material posted on this Site or any third party site.
  • The Site and the Services are provided to you ‘as is’ and ‘as available’ without warranty conditions or guarantees as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the Site and the Services meets your personal needs and is suitable for the purposes for which it is used.
  • To the maximum extent permitted by law, Trade Mark Direct exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with access to, and use of, the Site or the Services, or any information or material displayed on or via the Site, any social medial pages andthird party websites linked to it.
  • Nothing contained in theseTerms of Use excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
  • Without limitation to the foregoing, you agree that in no event will Trade Mark Direct’s maximum aggregate liability exceed AUD $1,000. To the maximum extent permitted by law, Trade Mark Direct, its directors, employees, contractors and agents will not be liable to any you or anyone else for any for any labilities, claims, suits, demands, costs and expenses (including legal costs), damage or injury (including personal injury), or any special, direct, indirect or consequential loss or damage, or contracts, loss of anticipated or actual profits, loss arising from business interruption, loss of anticipated or actual revenue, economic loss, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, arising out of, or in connect with, the Site, any social medial pages and third party websites linked to it, the use or inability to use, or reliance on, the Site, the Services or these Terms of Use.

 

  1. Intellectual Property
  • All information, text, materials, graphics, logos, button icons, video and audio clips, trademarks (whether registered or not), layout, control features, advertisements, arrangement, graphical user interface, look and feel, databases, images, links, and software published or otherwise contained on this Site(Trade Mark Direct Content) are the exclusive property of Trade Mark Direct. This Site and the Trade Mark Direct Content is protected by copyright, trademark and other intellectual property laws.
  • You may download and print Trade Mark Direct Content from this Site for your own personal or internal business purposes only. You are not allowed to modify, adapt, copy, distribute, transmit, display, reproduce, publish, license, incorporate in other works (whether electronic or not), transfer, or sell any Trade Mark Direct Contentfound on or obtained from our Site, or our social media sites, without Trade Mark Direct’s written consent.

 

  1. Links to or from other websites
  • Links to other websites from the pages on this Site are for your information and convenience In providing a link Trade Mark Direct does not endorse, and accept no responsibility for any material on, any website that is linked from, or that links to this Site. Such websites may be controlled or produced by third parties. You must make your own decision to use such websites and to accept their terms of use and privacy and other policies.
  • You must not create or maintain any link from another website to this Site without our written consent. To request Trade Mark Direct’s written consent, please contact us via email at hello@trademarkdirect.com.au.

 

  1. Amendments

Trade Mark Direct reserve the right to change, update, or correct the Terms of Use or any information contained on the Site at any time without notice by posting amended Terms of Use to the Site. Your continued use of the Site means that you accept and agree to the revised Terms of Use. If you do not accept these Terms of Use (as amended from time to time), you should stop accessing and using the Site immediately.

 

  1. General
  • Failure or delay by Trade Mark Direct in enforcing any provision in these Terms of Use will not be construed as a waiver of any of our rights hereunder. No waiver is effective unless it is expressly stated by Trade Mark Directto be a waiver and is communicated to you in writing.
  • No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Trade Mark Direct by these Terms of Use.
  • If any court decides that any of the provisions of these Termsof Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.
  • These Termsof Use are governed by the laws of the state of Victoria, Australia and each party submits to the jurisdiction of the courts of the state of Victoria, Australia.

 

  1. Further information

If you have any queries or would like further information about theseTerms of Use and our Services, please contact us at hello@trademarkdirect.com.au.