Terms of Business 

Lovemarks.au is a subsidiary of XVII Degrees Pty Limited, an incorporated Law firm. Lovemarks.au is a website owned and operated by XVII Degrees Pty Limited. 

General 

These Terms and Conditions form the basis by which you can use our website and our online trade mark application service. They regulate any agreements between us and you (“you” being either an individual or a legal entity that you represent as an authorised employee or agent).  By using the services of Lovemarks, you are implicitly representing that you have capacity to form legally binding contracts and that you agree to be bound by these terms and conditions.  Your use of Lovemarks is conditional on your unqualified acceptance of the terms, conditions, and notices contained herein. 

Before Lovemarks can process your order, you will be given the opportunity to accept or reject these Terms and Conditions. If you accept them, you may proceed with using Lovemarks. If you reject them, you will not be able to continue using Lovemarks. When you place your order for a Lovemarks service, you agree that you have read our terms and conditions carefully. We reserve the right to change these Terms and Conditions at any time. Your continued use of this Website is tantamount to your acceptance of those changes. 

Definitions 

For the purposes of these Terms and Conditions and unless the context otherwise indicates: 

Affiliated Entity means our related Bodies Corporate, associated entities, affiliates, and relevant partners from time to time, including XVII Degrees Pty Limited. 

Fees means the fees for Lovemarks services, including our fees and government fees applicable to Your Order. GST means goods and services tax or similar value added tax levied or imposed in Australia under A New Tax System (Goods and Services Tax) Act 1999 (Cth) or otherwise on a supply; 

Services means the services as advertised as being provided by us on this Website, namely being the online trade mark application filing service for registering a trade mark in Australia.  

Terms and Conditions means the terms and conditions for the use of the Lovemarks website and for engaging Lovemarks for the services set out in this document as amended from time to time. 

You and your means the person(s) using this Website and/or their principal(s).  

We, us and our means Lovemarks.au and XVII Degrees Pty Limited, its employees, officers, agents, and contractors.  

Website means www.lovemarks.au. 

Formation of a binding contract 

By placing an order through the Lovemarks website, you are offering to contract with us for the supply of our services in consideration of payment of the Fee and any costs incurred as a result of your order. Your order will only be accepted by us upon review. During this review, we will perform a number of checks to decide whether or not to accept your order, including (but not limited to) whether a conflict of interest exists with any of our existing clients. Once your order has been deemed to be acceptable, we will forward an email to you with confirmation of our acceptance of your order. There may be instances where we will need to discuss your order with you prior to our acceptance of your order. In these cases, we will contact you by email or by telephone. 

You may only consider your order as accepted once you have received a further confirmation from us. A binding contract will be deemed to be formed at the time when our email to you is received pursuant to the meaning of section 14A(1)(a) of the Electronic Transactions Act 1999 (Cth). 

We reserve the right to reject your order at out sole discretion. If we do reject your order, all monies will be refunded to you.  

Termination of Contract and Cancellation of Your Order 

You will have an opportunity to review your order prior to submitting it to us. It is your responsibility to ensure the information and details are correct prior to submitting your order to us. We take no responsibility for errors made by you in your order submission. Upon receipt of your order, you will receive a confirmation message from our website confirming that we have received your order. We will send you a further email advising whether we have accepted or rejected your order. We will commence undertaking work on your order within one (1) business day of it being accepted. You may cancel or withdraw your order at any time prior to our acceptance of your order by contacting us at support@lovemarks.au. We will confirm receipt of your cancellation by return email within a reasonable time. You will no longer be able to cancel your order once you have received an email from us communicating our acceptance of it.  

You agree that we may terminate the contract without notice in the event of a serious breach or default by you. A serious breach or default by You may include – but is not limited to – the following: 

 failure to pay our fees; 

failure to pay any costs incurred or associated with your order; 

a breach of any of your warranties under these Terms and Conditions; 

any false representation made by you; 

if we form the view that you have lost confidence in us; 

if there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest; 

your failure to respond to our communications within a reasonable time; 

your refusal of our advice; 

if, in our sole discretion, we consider it is no longer appropriate to act for you; or 

for just cause. 

Upon cancellation of your order, we will refund any payments made by you less all fees, costs and expenses incurred as a result of your order pursuant to these Terms and Conditions. 

Our Service 

We will use our reasonable efforts to supply our services to you in accordance with the contract. We may from time to time use third parties to act on your behalf. You appoint us to act as your agent in order to engage those third parties to act on your behalf and to instruct them in order to deliver our service to you. 

You acknowledge and agree that our service may be subject to limitations. These limitations are explained on our website. For example, trade mark search results may by limited as to accuracy or completeness. You acknowledge and agree that Lovemarks.au is not a legal firm and does not provide legal advice. 

Fee and pricing 

Our fee is calculated based on the standard filing fees for an Australian trade mark. By purchasing a service through Lovemarks, you confirm that you are authorised to pay with the credit card or method of payment you elect to use 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, our services.  

Our fee is calculated in accordance with our pricing, which is available on the Lovemarks website. We will also provide our pricing to you on request. You agree to reimburse us for all disbursements reasonably necessary and which we have paid or are liable to pay in providing our services to you. 

Our fee is calculated on the basis of the straightforward registration of your trade mark. The Fees do not include fees for legal advice at any time during the processing of your order or fees incurred by third parties, for example fees for a legal opinion in contentious matters and legal agent’s fees. We will endeavour to advise you of, and obtain your consent to, such expenses prior to incurring those costs. 

Unless otherwise stated, our fee is exclusive of any applicable GST. IP Australia government fees do not attract GST. You must pay to us all applicable GST in addition to any other amounts payable by you to us in respect of a taxable supply. We will issue a tax invoice for any taxable supply to you on acceptance of your order. If GST is payable for a taxable supply by a third party, we will ask that party to provide you with a tax invoice as required. 

Payment 

Our fee must be paid at the time that you of place your order. For orders processed via the Lovemarks website, you must provide your credit card details to complete your order. By providing your credit card details at the time of placing your order, you agree to pay the fee and any further costs, including but not limited to government fees. You warrant that you have sufficient funds available in your credit card account for payment of the fee and other costs that may arise. 

We use a third-party provider to process all credit card payment transactions.  Only that third-party provider and the acquiring bank have access to your payment details. While we endeavour to ensure the safe and secure use of your credit card details, we do not guarantee or warrant the services or security of the third-party service provider. 

The third-party credit card payment service provider will charge a transaction fee to the credit card account that you use to pay our fee. You agree that any transaction fee is reasonable and that you will not dispute the amount or charging of this fee. If you cancel your order before we accept it, or if we reject your order, we will refund all monies paid by you less any associated third-party processing fees, bank fees and taxes as relevant. We do not store your credit card details on our system. As such, we may require you to confirm or update your credit card details for future or additional payments if required. 

No guarantee as to registration 

Your submission of an application with Lovemarks does not guarantee that your trade mark will achieve registration with IP Australia. On submission of an application with Lovemarks, XVII Degrees Pty Limited will be recorded as the address for service against your trade mark application with IP Australia. In the event of an Adverse Report being issued by IP Australia, you agree to us referring the matter to our affiliated entity, XVII Degrees Pty Limited. XVII Degrees Pty Limited will then contact you in relation to the Adverse Report. You acknowledge and agree that XVII Degrees Pty Limited may charge a fee to report the Adverse Report to you. You acknowledge and agree that it is your responsibility to respond to XVII Degrees Pty Limited with further instructions concerning the application. Failure to do so within a reasonable time may result in the trade mark application lapsing. You acknowledge that we rely on the information provided in your order submitted via the Lovemarks website. 

Disclaimers & limitations of liability 

If you do not receive notification by e-mail of our acceptance of your order within 2 working days of the date on which you placed your order, we accept no liability to you unless you notify us in writing of our failure within that time. Where such a notification is made by you we, at our sole discretion, may choose to carry out your order, or issue a refund for the amount paid by you to us.  

Subject to any responsibilities implied by law and which cannot be excluded, we are not liable to you for any loss or damage whatsoever arising out of or in connection with: 

your use of, or inability to access, the Lovemarks website or any linked site; or 

the delivery or non-delivery of Lovemarks services and any act or omission of suppliers or other third parties engaged by Lovemarks on your behalf; 

If we offer an opinion, you accept that it is an opinion only and not necessarily determinative of the registrability or otherwise of your proposed trademark. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to: 

refunding the fees, costs, and expenses already paid by you; or 

the supply of the services again; or 

the payment of the cost of having the services supplied again. 

Except where it is expressly stated otherwise, Lovemarks services are provided to you on an “as is” and “as available” basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. Nothing in this clause is to be taken as affecting any rights conferred upon you pursuant to the provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). 

To the extent permitted by law, in no case shall Lovemarks be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Lovemarks website or Lovemarks services, including but not limited to any errors or omissions in any content, failure of performance, interruption, deletion, defect, delay, computer virus, communication line failure, or any other loss or damage of any kind incurred as a result of the use of the Lovemarks Website or Lovemarks services or any content posted, transmitted, or otherwise made available via the Lovemarks website or Lovemarks services,  even if advised of their possibility. 

You irrevocably authorise Lovemarks to lodge on your behalf all documents necessary for your trade mark application, with, or required by, third parties including, without limitation, documents at trade mark registries. 

You warrant that you have legal capacity to act on behalf of other such individuals or bodies. You must respond to us in a timely manner. Failure to do so may result in the loss of your rights. We will assume that your instructions are to not let your rights lapse without specific instructions to do so. As such, we may elect to act without your specific instruction to preserve your rights in the event of our not being able to obtain your instructions in a reasonable and timely manner. In such a case, you accept liability for any costs or fees incurred through our acting to preserve your rights in this manner. If you do wish to let your rights lapse, you agree to let us know in writing within a reasonable time. 

You accept that our acceptance or non-acceptance of your order is non-prejudicial to the registrability of your mark as a trade mark. 

You expressly agree that use of Lovemarks and Lovemarks services are at your sole risk. Neither Lovemarks, our Affiliated Entities, nor any of their respective employees, agents, third party content providers or licensors warrant that the Lovemarks services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Lovemarks , or as to the accuracy, reliability or content of any information, service provided through us. 

You agree that you indemnify us in relation to any cost, loss, liability, or damage that you or a third party suffers because: 

the product you order through Lovemarks is not suitable for its intended purpose or does not suit the relevant circumstances; 

you failed to obtain formal advice from an appropriately qualified professional adviser prior to using  Lovemarks; 

the answers you provide to questions asked of you when using Lovemarks and Lovemarks services; 

you do not answer all questions completely and accurately; 

you modify the products or services after they are provided to you; or 

you breach these Terms and Conditions in some other way. 

Communication 

You agree that email communication is the preferred method of communicating with us and of concluding agreements with us, including through the issuing of our invoices for Lovemarks services. You agree to inform us promptly of any change of your contact details, including your physical address, telephone number, or email address. Failure to do so may result in our inability to contact you which may potentially result in the loss of your rights, for which we accept no responsibility. 

Privacy Policy 

The Privacy Policy applies to your use of Lovemarks. You acknowledge that you have read and accept the terms of the Privacy Policy. 

We reserve the right to alter the Privacy Policy from time to time. You acknowledge and agree that we may collect personal information from you, as well as process, use and disclose that personal information to other persons and as contemplated by the Privacy Policy. It is your responsibility to check the Privacy Policy periodically for changes. 

You acknowledge and agree that, without affecting our rights under the Privacy Policy, Personal Information and data provided by you may be shared with or processed by IP Australia, a relevant Stripe entity, a relevant third party service provider or any of our Affiliated Entities. 

Information provided by Us 

You agree that we cannot, and do not, give you legal, commercial or other professional advice. 

By using Lovemarks, you acknowledge that Lovemarks is for the provision of information to help you answer appropriate questions and to order a trade mark application and that that information is information only, not advice. Further, we cannot and do not warrant that a product you decide to order or a service that you decide to use is appropriate or suits your needs. If you are unsure as to whether Lovemarks is suitable for your needs and purposes, you must contact a lawyer (including our affiliated entities), taxation adviser, accountant, or commercial or other appropriately qualified professional adviser for advice concerning the suitability of a product you order through Lovemarks. 

You must make your own enquiries and seek independent advice from the relevant industry professionals before acting or relying on any information which is made available through us. 

We reserve the right to update any information provided by us at any time. 

Intellectual Property 

General 

We own the copyright and every other intellectual property right in everything we create. Unless we agree otherwise, you may not use or permit others to use anything we have created except for the purpose for which we deliver it to you or your intended recipient. 

Website 

Except where otherwise provided, all material contained in or displayed on the Lovemarks website, including but not limited to software and coding, design, text, registered and unregistered trademarks, graphics, and layout (Intellectual Property), is owned or licensed by us. 

You must not: alter or modify the Intellectual Property or remove any legal notice associated with it; modify, copy, distribute, transmit, display, perform, reproduce, publish or license any of the Intellectual Property; use or attempt to use any of the Intellectual Property to create any website or publication; or transfer or sell any information, functionality or products or services offered on the Lovemarks website without our prior written consent. 

External Links 

The provision of a link on the Lovemarks website to the website of a third-party does not constitute a recommendation or endorsement of the third party or its website. We do not accept responsibility whatsoever for the content, reliability or credibility of any website linked to the Lovemarks website. We do not guarantee that the Lovemarks website or any linked website will be free from viruses, or that the Lovemarks website or any linked website will be uninterrupted. 

No Affiliation 

You acknowledge that we may use agents and third-parties in providing our services to you and that, unless we advise you otherwise, we are not directly associated with and have no direct affiliation with any third-party. We do not warrant the quality or merchantability of any goods or services supplied to you by any third-party that we may have referred you to. 

Your Warranties and Representations 

You represent and warrant to us that you are at least 18 years old and capable of entering into a legally binding contract. If the party offering to enter into a contract with us is an incorporated entity, e.g. a company, (Company) then you represent and warrant to us that the Company is duly incorporated under, or – if the Company is a foreign company – registered under, the Corporations Act 2001 (Cth).You also represent and warrant to us that you, the person using the Lovemarks website, are properly authorised to act for and on behalf of the Company and bind the Company to an agreement or contract with Lovemarks. 

You warrant that you will immediately inform us of any change of your contact details, including your email address, billing and/or delivery address, usual residential address or address of domicile, and telephone number. You also warrant that you will respond to us or to the trademarks office, relevant authority, or government agency or department, within any specified timeframe. If no timeframe is specified, then you warrant that you will respond in a timely manner. These Terms and Conditions shall be binding to the benefit of the parties hereto and to their successors and assigns. 

You confirm and declare that: you have sought independent legal advice or have had the opportunity to seek independent legal advice regarding these Terms and Conditions. You agree that the provisions of these Terms and Conditions are fair and reasonable. 

Severability 

If any provision of these Terms and Conditions or part thereof is held illegal unenforceable or otherwise invalid, that provision or part shall be deemed to be severed and the remainder of these Terms and Conditions shall continue in effect. 

No Waiver 

Our failure or delay to enforce at any time any of the provisions of these Terms and Conditions must not be interpreted as a waiver of such provision. 

Governing Law 

These Terms and Conditions are governed by the laws of New South Wales, Australia. 

You agree to submit personal jurisdiction to the courts located within New South Wales, Australia. 

Dispute Resolution 

Any dispute or difference whatsoever arising out of or in connection with us shall be submitted to arbitration. 

Invalidity 

If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude or limit our liability to You) the enforceability of any other part of these conditions will not be affected. 

Entire Agreement 

These Terms and Conditions and any operating rules for us established by us constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.