1. About the Website

(a) Welcome to www.harbourtrademarks.com.au (Website). The Website provides trademark services (Services).

(b) The Website is operated by Harbour Trade Marks. Access to and use of the Website, or any of its associated Products or Services, is provided by Harbour Trade Marks. Please read these terms and conditions (Terms) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website or any of the Services immediately.

(c) Harbour Trade Marks reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Harbour Trade Marks updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2. Engagement and Acceptance of the Terms

(a) You accept the Terms by remaining on the Website and engaging with Harbour Trade Marks via email, phone, social media, and/or any other means of communication.

 

3. Payment

(a) Where the option is given to you, you may make payment for the Services (Services Fee) by way of: (i) Credit Card Payment (Credit Card) (ii) PayPal (PayPal)

(b) All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the Stripe terms and conditions which are available on their website.

(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

(d) You agree and acknowledge that Harbour Trade Marks can vary the Services Fee at any time.

 

4. Refund Policy

Harbour Trade Marks will only provide you with a refund of the fee in the event they are unable to continue to provide the Services or if the manager of Harbour Trade Marks makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the fee that remains unused.

 

5. Copyright and Intellectual Property

(a) The Website, the Services, and all of the related products of Harbour Trade Marks are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Harbour Trade Marks or its contributors.

(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by Harbour Trade Marks.

(c) Harbour Trade Marks does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Harbour Trade Marks.

(d) Harbour Trade Marks retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (i) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or (ii) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or (iii) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.

(e) You may not, without the prior written permission of Harbour Trade Marks and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

6. Privacy

(a) Harbour Trade Marks takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Harbour Trade Marks's Privacy Policy, which is available on the Website.

 

7. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 

8. Additional Terms for Harbour Trade Marks

(a) The information on our website is general information only.

(b) Please note that materials and content on this website are not comprehensive. Our Content is designed for you to be able to inform yourself, generally, of common legal concepts and issues. We have not created our Content with your specific needs, objectives, or circumstances in mind and it is not legal advice. Before you act or rely on any of our Content, you need to seek your own legal or other advice.

(c) While we use reasonable efforts to ensure that our Content is accurate, current, and complete, we don’t represent, warrant, or guarantee its accuracy, currency, or completeness (to the maximum extent permitted by law).

(d) Using this website doesn’t mean that you become our client or that we become your lawyers. If you use this website, receive any information from us (such as a legal guide or other piece of Content), or download any of our materials, this does not mean that we become your lawyers or that a solicitor-client relationship is created.

(e) We give you a license to use our website. So that you can use and access our website, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our website in accordance with these Terms. All other uses of our website are prohibited unless we give you our written consent.

(f) You can’t do certain things on this website. To use our website and our Content, we expect you to abide by a certain standard of behavior. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our website, or anything which we would consider inappropriate or which might bring us or our website into disrepute. This includes:

• Anything that would be a breach of any other person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;

• Using our website to defame, harass, threaten, menace, or offend any person;

• Interfering with anyone using our website;

• Tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website, including using trojan horses, viruses, piracy, or programming routines that may damage or interfere with our website;

• Using our website to send unsolicited email messages; or

• Facilitating or assisting a third party to do any of the above acts.

(g) Competitors are excluded from using our website to compete. You are prohibited from using our website and the Content in any way that competes with our business.

(h) Our intellectual property. Unless we indicate otherwise, please note that we own or license all rights, title, and interest (including intellectual property rights) in our website and all of our Content. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title, or interest in relation to our website or our Content.

(i) Providing us with testimonials. We really appreciate your feedback. If you review us or provide us with a testimonial, you permit us to post or otherwise transmit the review or testimonial on our social media or other channels. You can email us and ask us not to do this, at any time.

(j) We are not responsible for websites run by third parties. Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations to ensure those websites are suitable for you.

(k) Varying these Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our website. We recommend you check our website regularly to ensure you are aware of our current terms. Content is subject to change without notice.

(l) Discontinuing our website. We have a right to discontinue this website. This can be at any time and may be without notice. We may also exclude any person from using our website, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

(m) Warranties and disclaimers. To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including that:

• They are complete, accurate, reliable, up-to-date, and suitable for any particular purpose;

• Access will be uninterrupted, error-free, or free from viruses; or

• Our website will be secure. You read, use, and act on our website and the Content at your own risk.

(n) Our liability is limited. To the maximum extent permitted by law, we are not responsible for any loss, damage, or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our website and/or the Content and/or any inaccessibility of, interruption to, or outage of our website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete, or out-of-date.

(o) Our right to be indemnified by you. To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

(p) Jurisdiction. Use of our website and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. If you access our website and you are based overseas, we do not represent that our website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access our website and please note that you access our website at your own risk.