1. Terms and Conditions
1.1 This Website (‘the Website”) is operated by IPOL Limited or its subsidiary (“We”, “Us”, or Our”).
1.2 Through the Website, We provide online services to assist Our customers to apply to register intellectual property in specified countries (“Service” or “Services”).
1.3 By using the Website You (“You” or “Your”) agree to be bound by these Terms and Conditions.
1.4 If You are using the Website in Your capacity as an employee, agent, or officer of any other person or a company or other organisation, then You are entering into a contract on behalf of that person, company, or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of the remainder of these Terms and Conditions. You must cease using this Website if You are not authorised to enter into contracts of this nature on behalf of your company or organisation.
1.5 These Terms and Conditions represent the entire agreement between You and Us regarding Your use of the Website and the Services.
1.6 We may post amended terms and conditions on the Website at any time, and the amended terms and conditions will apply to all subsequent use of the Website or Services by You.
2. Our Services – We do not provide legal advice or services
2.1 Our Services are electronically generated transactions designed to facilitate You making applications for registration of specified intellectual property rights.
2.2 We are not a law firm. We cannot, and do not, give legal advice or provide legal services.
2.3 Any information We provide on the Website is information of a general nature only and is not intended as legal or business advice.
2.4 Any information that We provide to You at Your request will be of a preliminary nature only. It will be based solely on the information contained in Your current or proposed application for registration.
2.5 If You ask Us to refer you to a lawyer for legal advice, We will refer your request to Our preferred provider in the relevant country (“the Preferred Provider”). Details of the Preferred Provider will be set out in Our website for each country. You hereby consent to Us providing to the Preferred Provider any information (including your contact details) that You have provided to Us in the course of using the Services, so that the Preferred Provider can provide You with a cost estimate for the advice requested. The Preferred Provider will then contact You directly and provide You with an estimate of their fee to provide that advice to You and a copy of their terms of engagement. If You then instruct the Preferred Provider to provide that advice, it will be provided to You by them under those terms of engagement and not by Us under these Terms and Conditions. By using the Website You are not obligated in any way to instruct the Preferred Provider to provide You with legal advice.
2.6 Using the Services may affect Your legal rights. You are responsible for determining whether or not any particular Service is suitable and sufficient for the purpose for which You use it. We recommend that You obtain appropriate legal advice before using any Service. In some cases, business, taxation and other professional advice should also be sought. It is Your responsibility to ensure that You have received appropriate advice.
3. Limitations of Our Services
3.1 We will take all reasonable care to ensure that Our Services are fit for the purpose for which they have been designed, but We are not responsible for factors and circumstances beyond Our control.
3.2 Any Service that You purchase is generated only at Your request and solely on the basis of information You provide to Us. You agree that:
(a) Any information We provide to You is information only, and not advice.
(b) We are not responsible for checking the accuracy, relevance, or significance of any information You provide to Us.
(c) You will ensure that the information You provide is complete, accurate, and up-to-date. If You are uncertain about what information to provide in response to Our questions, You will seek appropriate professional advice.
(d) You will provide Us with Your full and accurate contact details and You will keep those contact details up to date.
(e) We may send You reminders about deadlines, but You are responsible for ensuring that You request Our Services in time to ensure that any deadlines set by the national intellectual property office in which the application is filed are met.
(f) We are not responsible for prosecuting Your application for registration through to acceptance.
3.3 Any application You file using the Services will be subject to the decision of the the relevant national intellectual property office. Third parties may also file proceedings against You if they object to Your application or registration or Your use of the subject matter of that application or registration. You understand that:
(a) Filing an application for registration does not guarantee You the right to use the subject matter of that application.
(b) We can not and do not guarantee the success of any application You file using the Services or the validity of any registration that results from that application.
(c) We are not liable to You if any third party brings proceedings against You in relation to Your application, Your registration, or Your use of the subject matter of that application or registration
4 Delivery of Our Service
4.1 Subject to 4.2 and 4.3 below, We will provide Services that You order from Our Website, providing that You provide all information to Us that We request and You keep Your contact details up to date.
4.2 We will send Your application to the relevant national intellectual property office upon receipt of Your payment but We are not liable for any delays caused by that office or errors in that office’s receiving system. We will forward to You any correspondence relating to Your application that We receive from the relevant national intellectual property office but You are responsible for ensuring You respond to any report issued by the relevant national intellectual property office within the deadline stipulated by it and for paying any renewal fees in respect of any registration of any application You file using the Services.
4.3 We may decline to provide any Services to You for any reason, providing that We will notify You as soon as reasonably possible and refund any monies You have paid to Us for Services that We have not provided at that time.
5 Payments
5.1 You agree to pay for all Services that You order from the Website upon completing Your order for that Service, at the price specified on the Website at that time.
5.2 Your payment will be processed before the Service will be delivered to You.
5.3 All prices stated on the Website are in the official currency of the country where the application for registration is to be filed unless expressly stated otherwise.
6 Refunds
6.1 Due to the tailored nature of the Services We will not be obliged to refund any payment You make to Us or exchange any Services We supply to You, except as required by law.
6.2 However, in certain circumstances and solely at Our discretion We may choose to make a refund to You (excluding any fees paid to the relevant national intellectual property office) or offer You a replacement Service. To request a refund or replacement Service, You will provide to Us in writing:
(a) Full details of the relevant Service(s), date of purchase and purchase price paid by You;
(b) Documentary evidence of (a) above, including evidence that You are the purchaser;
(c) Reasons why You believe a refund or replacement Service should be provided; and
(d) Such other details as We consider relevant for Us to determine whether a refund or replacement is appropriate.
7 Intellectual Property
7.1 All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Services and the Website are and will remain Our sole property.
7.2 When You purchase a Service from Us, You may download and copy documents provided to You as part of that service providing that You:
(a) only use those documents for the single, specific transaction for which You purchased the Service;
(b) only make copies of those documents for purposes relating to that transaction; and
(c) do not otherwise copy, reproduce, publish, modify, make an adaptation of, or re-use those documents in any way.
7.3 You may not remove Our trade marks, copyright symbols, or any other statement or device which asserts Our intellectual property rights from any materials You download from the Website, or from any authorised copies You make of them.
7.4 You may not copy, modify, or otherwise interfere with any part of the Website.
7.5 You may not create any hyper-links to the Website unless You have Our permission in writing.
8 Privacy and Use of Data
8.1 We will use any data You give to Us and which identifies You only for the purpose for which it is supplied to Us and will not use it for any other purpose or supply it to any third party except as required by law or authorised by You or by the New Zealand Privacy Act 1993.
8.2 We may use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website, Our Services, and Our related services.
8.3 We may send You electronic messages which facilitate, complete, confirm or directly relate to any transaction You enter into with Us in relation to the Services or the Website. We may send You commercial electronic marketing messages relating to Our other goods and services and other information of related interest, if You consent by ticking the box at the end of these Terms and Conditions. We will stop sending You such messages if We receive such a request to stop from You.
9 No Warranty
9.1 You understand that the Services are provided electronically, based solely on information You provide to Us in answer to Our questions. You accept all liability arising from any errors or omissions in the information You provide.
9.2 The purpose of the Service is to assist You to file Your own applications for intellectual property protection based on Your own determination as to the applicability of the particular protection to Your circumstances and Your own decision as to the information to provide in relation to Our questions. To the maximum extent permitted by law, We exclude any warranty that any Service is fit for any purpose.
9.3 The website is provided on an “as is” basis. We do not warrant that the Website is error free or that any Services provided using the Website will be uninterrupted.
9.4 You accept all risk and any liability arising from Your use of the Website or the Services. In no event will We be liable to You or any other person for any lost profits, lost savings, lost data, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by You arising out of or relating to Your use of the Website or the Services, or any services provided by any Preferred Provider, whether in contract, tort (including negligence) or equity even if We have been advised of the possibility of such loss or damage.
9.5 You agree to indemnify Us against all actions, proceedings, costs, claims, demands brought by any third party, and any associated liabilities and expenses, whatsoever arising from:
(a) Your use of the Website or the Services;
(b) Your breach of these terms and conditions.
9.6 If We are prohibited by law from excluding all liability, Our aggregate liability in relation to non-excluded liability will be absolutely limited to, at Our option:
(a) a refund of the amount paid by You to Us for the applicable service; or
(b) replacement or modification of the applicable service; or
(c) supply of an equivalent service.
10 Termination
10.1 We may terminate these Terms and Conditions immediately by giving notice to You in writing, if You breach these Terms and Conditions.
10.2 The following clauses will survive termination of these Terms and Conditions: 7, 8, 9, 10, 11, 12, 13, 14, and 15.
10.3 Termination of these Terms and Conditions, will not deprive either You or Us of any rights in relation to any breach of these Terms and Conditions.
11 Assignment
11.1 You may not assign this Agreement without Our express written consent.
12 Governing Law and Dispute Resolution
12.1 These Terms and Conditions will be construed in accordance with the laws of New Zealand.
12.2 These Terms and Conditions shall be deemed “in writing” and “accepted” by both parties.
12.3 Disputes arising out of this these Terms and Conditions or their subject matter shall be referred to and finally resolved by arbitration in New Zealand, in accordance with New Zealand law. The arbitration will be by one arbitrator, to be agreed upon by the parties. If the parties fail to agree upon an arbitrator within 21 (twenty-one) days, an arbitrator will be appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand and the arbitration will be held in Auckland New Zealand in accordance with the Arbitration Act 1996. The language of arbitration will be English. The costs of the arbitration will be borne according to the arbitrator’s award. Nothing in this Agreement prevents a party from issuing proceedings in relation to any dispute where the nature of the dispute is such that the party requires urgent interim relief.
13 Invalid terms Severable
13.1 In the event that any of the terms, conditions or provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.
14. No Waiver
14.1 Any waiver by Us of any rights arising from Your breach of these Terms and Conditions will not be construed as a continuing waiver of other breaches of these Terms and Conditions by You.
15. Definitions
15.1 In these Terms and Conditions:
(a) “IPOL Limited” means IPOL Limited, a New Zealand company having its registered office at Staples Rodway, Cnr London and Victoria Streets, WEL Energy Building, 5th Floor, Hamilton, its subsidiaries, agents, officers, and advisors, and “We”, “Our” and “Us” have a corresponding meaning;
(b) the singular includes the plural and vice versa;
(c) headings are for convenience only and do not affect the interpretation of the terms.