DIY Trademarks Terms of Use

1. APPLICATION OF TERMS 

1.1 By accessing and using the Website or ordering Services: 

a) you agree to these Terms; and 

b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. 

1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so. 

  

2. CHANGES 

2.1 We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms. 

2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability. 

2.3 These Terms were last updated on 27 August 2024.  

 

3. DEFINITIONS 

In these Terms: 

Including and similar words do not imply any limit 

Fees means the fees for the Services as set out on the pricing page of the Website 

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis 

Personal information means information about an identifiable, living person 

Services means the trademark application and associated services available for you to order through the Website 

Terms means these terms of use titled Trademarks Online Australia Terms of Use 

Underlying System means any network, system, software, data or material that underlies or is connected to the Website 

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website 

we, us or our means Sortify.tm Limited and/or its wholly owned subsidiary, Trademark Planet Limited (Trademarks Online is part of the Trademark Planet group). 

Website means www.trademarksonline.com.au 

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting. 

 

4. COMMUNICATIONS AND PRIVACY  

4.1 If you provide us with your email address by completing a form on our Website and checking the box, we may contact you (no more than three times per year) for marketing purposes in relation to trademark protection services.  You can opt out of receiving these marketing emails by clicking the “unsubscribe” links in those emails. 

4.2 If you provide us with your email address and order Services from us, we will contact you: 

  1. To confirm we have received your order, filed your trademark application and to provide receipts;  

  1. To correspond with you in relation to progress of your trademark application. 

We do need your contact details to send you information about your trademark application, which can include crucial details such as deadlines, expiry and renewal reminders which could affect your legal rights.  You are not required to provide personal information to us, although in some cases if you choose not to do so then we may not be able to provide you with certain Services.  

4.3 When you provide personal information to us, we will comply with all relevant privacy legislation, including the General Data Protection Regulation (GDPR). 

4.4 The personal information you provide to us (including any information provided if you register for an account or fill in an online form) is collected and may be used for communicating with you, statistical analysis, advertising and marketing by us of products and services to you, credit checks (if necessary), and research and development. 

4.5 We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making advertising more personalised and applicable to your interests. 

4.6 We do not, and will not, sell your personal information to any third party. However, we may disclose personal information to third parties in certain circumstances: 

a) to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website); 

b) in relation to the proposed purchase or acquisition of our business or assets;  

c) where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency; 
d) to trusted advertising and analytics partners (including Google) for research and marketing purposes including provision of personalised advertising to you, as permitted by law  

4.7 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located overseas. This may involve the transfer of your personal information to countries which have less legal protection for personal information than your country of residence. 

4.8 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at enquiries@trademarkplanet.com. 

4.9 Full details of our privacy policy, setting out how we collect, use, disclose and protect your personal information are available for review on the Website - see Privacy Policy. 

 

 

5. YOUR OBLIGATIONS  

5.1 You must provide true, current and complete information in your dealings with us (including when setting up an account and applying for a trademark), and must promptly update that information as required so that the information remains true, current and complete. 

5.2 If you are given a User ID, you must keep your User ID secure and: 

a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and 

b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to enquiries@trademarkplanet.com 

5.3 You must: 

a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and 

b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. 

5.4 You must obtain our permission to establish a link to our Website.  If you wish to do so, email your request to enquiries@trademarkplanet.com. 

5.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID. 

 

6. PROVISION OF SERVICES 

6.1 After you make an order and have paid for our Services, we will use reasonable efforts to provide the Services in a timely manner, in accordance with these Terms, and exercising reasonable care, skill and diligence. 

6.2 We are an online assisted trademark application service. We are not a law firm or a trademark attorney firm. No client-attorney relationship is created when you order our Services or when we file your trademark application. We do not provide legal services or advice such as: 

a) trademark protection strategy for your business 

b) whether your trademark infringes someone else’s rights 

c) whether you have the best protection for your brand 

d) how to enforce your trademark rights against others 

Opinions offered by our staff should not be taken as a substitute for informed legal opinion. 

6.3 We do not make any promise of successful trademark registration. Every trademark application is examined by an examiner at the Trademark Office who may raise objections. In addition, third parties may oppose registration of your trademark. These circumstances are out of our control.  

 

7. FEES AND PAYMENT 

7.1 The Fees payable for our Services are set out on the Website. We reserve the right to change our Fees from time to time. 

7.2 We accept payment via our Website and all payments are processed via Stripe or Paypal. 

7.3 By purchasing from us you confirm that you are authorised to pay with the credit card or method of payment used and understand that it may be subject to validation checks by the card issuer. If the payment is not authorised for any reason, we will not be liable for any delay in providing, or failure to provide, the Services. 

 

8. THE INTELLECTUAL PROPERTY OFFICE AND YOUR OBLIGATIONS 

8.1 The Australian Intellectual Property Office (Trademark Office) publishes the names and addresses of all trademark owners in their searchable records. You should provide a business or PO Box address if you do not want your home address published.  

8.2 You can only apply for a trademark if you are legally capable of owning the trademark. 

8.3 You must only apply for a trademark that the applicant is using, or genuinely intends to use, for the goods and services applied for. 

8.4 By making an order and paying for our Services, you confirm that: 

  1. the applicant of the trademark is entitled to own the trademark; 

  1. you understand that the name and address of the applicant of the trademark will be published by the Trademark Office; 

  1. the trademark applicant is using or has a genuine intention to use the trademark for the goods and services applied for. 

9. REFUND POLICY 

9.1 We submit trademark applications to the Trademark Office as soon as we have confirmed we have all required information to submit a valid application, within one business day.  

9.2 If you change your mind and cancel your order before the trademark application has been submitted to the Trademark Office, we will refund you the Fees paid minus $100 to cover non-refundable payment gateway and validation/administrative costs. 
9.3 Once your trademark application has been submitted to the Trademark Office, it is not possible to get a refund because the official Trademark Office fees have been paid. 

  

10. INTELLECTUAL PROPERTY 

We and/or our licensors own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. You are not permitted to use, store, reproduce any such works without our written permission. 

 

11. DISCLAIMERS 

11.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: 

a) the Website being unavailable (in whole or in part) or performing slowly; 

b) any error in, or omission from, any information made available through the Website; 

c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; 

d) any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators; and 

e) actions taken by you as a result of communications with us. 

11.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws. 

 

12. LIABILITY 

12.1 To the maximum extent permitted by law: 

a) you access and use the Website at your own risk; and 

b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, provision of the Services, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. 

12.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to an amount equal to the fees you have paid us for the Services. 

12.3 To the maximum extent permitted by law and only to the extent clauses 12.1 and 12.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, the provision of the Services, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed the amount equal to the fees you have paid us for the Services. 

 

13. SUSPENSION AND TERMINATION 

13.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice: 

a) suspend or terminate your access to the Website (or any part of it); and 

b) cease to provide the Services. 

13.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access. 

  

14. GENERAL 

14.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. 

14.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website. 

14.3 For us to waive a right under these Terms, the waiver must be in writing. 

14.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.5, 7, 10, 11 and 12, continue in force. 

14.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you. 

14.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.