Terms & Conditions

Acceptance of Terms of Use

The TRADEMARKit website (Site) is owned and operated by Shiff & Company Lawyers (Shiff & Company).

Your use of the Site is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (including the Privacy Policy) (Terms and Conditions). Your use of and/or access to the Site constitutes your agreement with the Terms and Conditions.

Shiff & Company reserves the right to amend the Terms and Conditions at any time. You will be deemed to have accepted the Terms and Conditions as amended by your continued use of and/or access to the Site.

Intellectual Property

All information, text, material, images, audio, video, graphics, software and advertisements on the Site (Material) are Copyright © 2014 TRADEMARKit and Shiff & Company, its associated companies, suppliers and/or licensors unless expressly indicated otherwise. The Materials are protected by Australian and international copyright laws.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the Material except as expressly provided on the Site, or expressly authorised in writing by Shiff & Company.

You must not use the Site’s trade marks, logos or other materials for any purpose without the prior written consent of Shiff & Company.

You may, subject to specific restrictions set out in these Terms and Conditions, download Material from the Site solely for your personal, non-commercial use. You must not distribute such Material in any form to any third party. You agree not to change of delete any proprietary notices from any Material downloaded from the Site.

Indemnity

You agree to indemnify Shiff & Company and keep Shiff & Company, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms and Conditions, or any activity related to use of the Site by you.

Links

Access to any site which may be reached by hyperlinks on this Site (Linked Site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.

Accessing a Linked Site from this Site does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Shiff & Company as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. Shiff & Company will not be liable to the user or any third party for losses, costs, damages or other expenses incurred as a result of such access and the use of any information contained on a Linked Site.

The ability to access a Linked Site does not:

  1. constitute express or implied authority to infringe copyright in any Material contained in the Linked Site; and/or
  2. imply any connection, sponsorship or affiliation between the Linked Site and this Site or Shiff & Company.

Variation and Termination

These Terms and Conditions shall continue to have full force and effect until varied or terminated by Shiff & Company. Shiff & Company reserves the right to terminate this agreement and your access to the Site at any time for any reason or for no reason. The Terms and Conditions relating to intellectual property, the indemnity granted by you and all disclaimers and limitations of liability shall survive the termination of this agreement.

Shiff & Company reserves the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on the Site. You will be deemed to have accepted the Terms and Conditions as amended by your continued use of and/or access to the Site.

General

This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforcability shall not affect the remainder of the Terms and Conditions which shall continue to have full force and effect.

The waiver by Shiff & Company of a breach of these Terms and Conditions by you shall not be construed as a waiver of any other breach of these Terms and Conditions by you and shall not in any way restrict Shiff & Company’s right to exercise its rights pursuant to this agreement in respect of any other breach of these Terms and Conditions.

Disclaimer

The information contained on this Site is presented in summary from only and is not to be considered complete. The information contained on the Site should not be regarded as or used in the place of expert advice. Users of the Site should consult with TRADEMARKit directly or with a solicitor to obtain expert advice in a complete form.

Further, while all efforts are made to ensure the information contained on this Site is up to date and accurate, we do not make any warranties that all information is accurate and without error. TRADEMARKit and Shiff & Company shall not be liable for any loss or damage caused by the reliance on information set out on this Site without obtaining expert advice.

Retainer

By submitting an online application or application forms to us from this Site together with your payment you are retaining us to carry out legal work on your behalf. You agree to pay our fees and out of pocket expenses for the work requested by you in accordance with the fees set out on this Site or as otherwise agreed with you directly.

In the event at any time that you are not satisfied with any aspect of our service please contact us as we are proud of our professional reputation and wish to provide the best possible service to you. You are also entitled to raise your concerns with the Law Institute of Victoria located at 470 Bourke Street, Melbourne 3001 (by which our firm is regulated).

Other Terms

The submission of any information by the user of this Site to TRADEMARKit and Shiff & Company will not constitute any agreement to undertake work until receipt of payment on account of professional and application fees.

Any work undertaken as a result of TRADEMARKit and Shiff & Company being contacted by users of this Site will be governed by the laws of the State of the Victoria, Australia and will be subject to the jurisdiction of the Courts of that State.

Privacy Policy

This Privacy Policy explains how your personal information will be treated when you use the Site or use any goods or services offered to you by or on behalf of Shiff & Company.

Personal information is any information about you where your identity is apparent, or can reasonably be ascertained, from the information (Personal Information).

By providing your Personal Information to Shiff & Company, through the Site, over the phone, via email, or via a Shiff & Company affiliate, you agree to the collection, use and disclosure of that information in accordance with this Privacy Policy. If you do not consent to these uses of your Personal Information, we cannot provide you with the goods or services offered to you by or on behalf of Shiff & Company.

1. What this policy is about

This policy explains the key measures we have taken to implement the requirements of the Privacy Act 1988. It aims to answer the questions you might have about how we collect, use and disclose the information we collect from you, including your Personal Information. If you have any further questions about Shiff & Company privacy practices, please contact us at jadams@shiffco.com.au.

We endorse fair information handling practices and uses of information in compliance with our obligations under the privacy laws in force in Australia from time to time. Any information provided, including identification of individuals, will be used only for the purpose/s intended and where the intention includes confidentiality, information will be treated as such unless otherwise required by law.

2. What information we collect from you

We hold information that you have provided to us about yourself, and information about your use of our services such as the types of searches and applications you may request. The information that we collect will depend on how you use the services offered by Shiff & Company. Information that you might have provided to us includes:

It is your responsibility to keep your information up to date, so we can provide our goods and services. Should you wish to alter your Personal Information, please send your request to jadams@shiffco.com.au. We will respond to your request within a reasonable time period.

3. What we do with this information

We collect information about you to provide you with our trade mark and related services.

If you make enquiries with Shiff & Company about international trade marks, we may share the information we collect about you, including Personal Information, with third party trade mark agents located in the country in question.

We also collect information to improve and expand the content of the Site and to better engage with the Site’s users.

We may also use Personal Information for related purposes such as:

We may share overall visitor trends and other generic information collected on the Site with third parties but we do not pass on any personal details or personally identifiable information except for in accordance with this Privacy Policy. We may use Personal Information to send direct marketing to you solely on the basis that:

In addition to Opting Out during the registration process or by using the “unsubscribe” link in our emails, you may Opt Out at any time by contacting us directly at jadams@shiffco.com.au.

Any complaints relating to the treatment of your Personal Information or breach of the relevant privacy laws in force in Australia from time to time should be directed to our complaint management facility at jadams@shiffco.com.au. We will respond to every email within a reasonable time period. We will endeavor to resolve all complaints as soon as possible.

4. How long we will you keep your Personal Information

We will keep your Personal Information for as long as it is required to provide you with our services and to comply with legal requirements.

If we no longer require your Personal Information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or permanently de-identify your Personal Information.

5. Sharing your information with others

Shiff & Company recognises the trust you place in us when you give us your Personal Information. Other than disclosure as directed by you or to service providers (explained below) or as required by law (for example, disclosure to various Government departments or to courts), our policy is that we do not give your Personal Information to other organisations unless you have given us your consent to do so.

We may share your Personal Information with certain third parties, such as the providers of the electronic systems we use to collect and store your Personal Information; banks and financial institutions you use to make payments to us, and other service providers we use to help us run aspects of our business efficiently.

Occasionally Shiff & Company might also use your Personal Information for other purposes or share your information with another organisation because:

When we share information with other organisations and service providers as set out above, we do so in accordance with this Privacy Policy. To the extent that these organisations and service providers gain access to your Personal Information, this use is governed by the rules set out in the Privacy Act 1988.

6. Collection of information from the Site

The Site is designed to give you useful information about Shiff & Company and provide access to and use of our trade mark services. To assist us in doing this, we collect visitor information related to browser and operating systems. We also use cookies to ensure you can make online transactions securely.

‘Cookies’ are alphanumeric identifiers that are stored by your web browser on your computer’s hard-drive that enable our system to recognise you when you visit the Site. This helps Shiff & Company to track basic visitor information so we can better tailor the Site to our visitors’ needs.

Most web browsers automatically accept cookies but you can disable this function by changing your browser settings if you so wish.

7. Accessing information we keep about you

You can access the Personal Information we hold about you at any time. Simply contact us to make your request at jadams@shiffco.com.au.

We will always endeavour to meet your request for access. However, in some circumstances we may decline a request for access. This includes the following circumstances:

If we decline your request for access, we will give you reasons for our decision when we respond to your request.

We reserve the right to charge you a reasonable fee for access to some types of information. These charges will be limited to the cost of recouping our expenses for providing you with information. For example, document retrieval, photocopy, labour and delivery to you. We will not charge you to make a request to access your information.

Despite anything contained in this policy to the contrary, the Freedom of Information Act 1982 continues to apply to any Personal Information held by us. The access and correction requirements in the Privacy Act 1988 operate alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their Personal Information.

8. Changing or deleting the information

To provide you with the best possible service, it is important that the information we hold about you is accurate. We will take all reasonable steps to ensure that your Personal Information is accurate, complete and up-to-date at the time of collecting, using or disclosing the information.

If you believe that any information we hold about you is inaccurate, incomplete or out-of-date, you should notify us. We will do our best to correct it or delete it, unless we need to keep if for legal reasons.

9. Security

Shiff & Company endeavours to take all reasonable steps to keep your Personal Information secure. Once it is stored on our servers, only authorised users can access your Personal Information, and access is only for approved purposes.

Shiff & Company is not responsible for any third-party access to your Personal Information as a result of:

Shiff & Company will not be responsible for any losses, expenses, damages and costs, including legal fees, resulting from such access.

10. Providing information on other sites

The Site provides links to some other sites outside of the Site. Sometimes other sites – such as the sites of our affiliates and distributors – link back to the Site. These linked sites are not under our control, so we are not responsible for the conduct of companies linked to our site. Before you enter information on to those sites, you should look at their privacy policy and terms and conditions of use.

11. What to do if you have a problem, question or complaint

If you have any further queries relating to our Privacy Policy, or you have a concern, please contact Shiff & Company at jadams@shiffco.com.au. If Shiff & Company becomes aware of any ongoing concerns or problems with customer information, we will take these issues seriously and work to address these concerns.

12. Changes to this Privacy Policy

From time to time, our policies will be reviewed and may be revised. Shiff & Company reserves the right to change this Privacy Policy at any time and notify you by posting an updated version of the policy on the Site. Before providing us with Personal Information, please check this policy on the Site for any changes.

This Privacy Policy was last updated on 4 August 2014.