Thank you for visiting our website. These terms and conditions (Terms) govern your use of the https://etrademark.com.au/ website (the Website). eTrademark.com.au, hereafter referred to as "eTM" is a collaboration between Trade Service of Australia Pty Ltd (ABN: 76 009 937 624) and Go Trademarks (ABN: 79 133 806 466). By using the Website, you agree to be bound by these Terms which include our Privacy Policy and our Refund Policy. If you do not agree to these Terms, please do not use the Website.

Trade Mark Filing on Behalf of User

eTM provides an online trade mark registration service for users of the Website. We will apply to register your trade mark with IP Australia (the official Government body responsible for the registration of trade marks) pursuant to the information and instructions provided by you via the Website.

If you use this service, you agree to provide accurate and complete information for your trade mark application and to comply with all applicable laws and regulations.

By using the Website, you acknowledge and agree that any information, data, or other materials you provide to us grants us a limited, non-exclusive license to provide our services to you.

eTM will review and file the trade mark on your behalf, but does not guarantee that the trade mark will be accepted or that it will proceed to registration.

Publication of Trade Mark Details on Public Database

Details of your trade mark application including the trade mark itself, the trade mark owner name and the trade mark owner address are required in order to register your trade mark on the official IP Australia government website. You acknowledge and agree that the information, as required to register your trade mark and including the trade mark owner name and address will be available on IP Australia’s public database.

Confidentiality

Other than as required by law or for the purposes of securing your trade mark as described above, we will keep confidential information that you provide to us including your trade mark information as confidential.

Our Registered Attorneys

eTM has collaborated with experienced Australian trade mark attorneys registered with the Trans-Tasman IP Attorneys Board in order to provide a cost effective trade mark service utilising the experience of qualified Australian attorneys. eTM does not, however, hold a trade mark attorney registration.

User Account

You may be required to create a user account to access certain features of the Website. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to immediately notify eTM of any unauthorised use of your account or password.

Intellectual Property

The Website and its content, including but not limited to text, graphics, logos, trade marks, and images, are owned by eTM and are protected by Australian and international copyright and trade mark laws. You may not use, modify, or exploit any portion of the Website without eTM's express written permission.

These Terms do not transfer any right, title, or interest in the Website or its content to you, and eTM retains all rights not expressly granted in these Terms.

Cookies

The Website uses cookies to collect and store information about your use of the Website. Cookies are small data files that are stored on your device when you visit the Website. This information is used to personalise your experience on the Website, improve its functionality, and analyse Website traffic. By using the Website, you consent to the use of cookies in accordance with eTM's privacy policy. eTM will use any information obtained from cookies in accordance with its privacy policy, which outlines how eTM collects, uses, and protects your personal information.

Payment Processing through Stripe

Secure payments will be processed through Stripe. Your use of Stripe is solely at your own risk and is in accordance with Stripe’s Terms of Use and Privacy Policy. This agreement governs your use of Stripe's payment processing services and requires you to abide by all applicable laws and regulations related to the use of such services. By using the payment processing services through Stripe, you authorise eTM to use and store your payment information for the purpose of processing payments.

Disclaimer

The Website is provided "as is" without warranty of any kind, either express or implied. eTM disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of the Website is at your sole risk.

Limitation of Liability

In no event will eTM be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, whether in an action in contract or tort, arising out of your use of the Website or your inability to use the Website, or for any other claim related in any way to your use of the Website, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not eTM is advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless eTM and its affiliates and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, losses, liabilities, damages, or expenses, including reasonable legal fees, arising out of or related to your use of the Website or breach of these Terms.

Changes to Terms

eTM reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms.

Termination

eTM may terminate these Terms, or your access to the Website, at any time and for any reason, with or without notice. Upon termination, you must cease all use of the Website and destroy all copies, full or partial, of the Website's content.

Governing Law

These Terms are governed by the laws of the State of Queensland, Australia. Any dispute arising from or relating to these Terms will be resolved exclusively in the courts located in Brisbane, Queensland.

Entire Agreement

These Terms constitute the entire agreement between you and eTM with respect to the use of the Website and supersede all prior or contemporaneous communications, representations, agreements, or understandings between you and eTM. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

Taxes

For Australian clients and users, products and services may include GST. All prices are shown in Australian dollars.

Contact Information

If you have any questions or concerns about these Terms or the Website, please contact eTM at operations@etrademark.com.au.

This document was last updated on 18 September 2023.

We want our customers to be completely satisfied with the service that we offer. We therefore review all trade mark applications before they are officially filed with IP Australia.

How to Request a Refund

You are entitled to a refund prior to the lodgement of your trade mark application with IP Australia. This is because a large portion of the costs are the official government fees.

Where we have made a recommendation
Where we have produced a recommendation we offer an easy pathway to a refund by clicking the "Withdraw" button which appears prominently on the recommendations page. Your refund will be processed and will usually appear in your account within a few days. If we feel that it is in your best interests to continue with the application we may contact you to discuss your trade mark prior to processing the refund.

Where we have NOT made a recommendation
If we consider your trade mark as submitted by you via our Website is acceptable for lodgement we will typically file your trade mark with IP Australia within a few hours to 1 business day from us receiving your submission. Therefore, if you would like a refund once you have submitted the details to us you must contact us immediately via the "Communication" tab on the corresponding trade mark located on your "Dashboard" and request the refund.

For avoidance of doubt, we will only issue refunds if your trade mark application has not been formally lodged with IP Australia.

Administrative Charges

Please note that some administrative charges will apply to all refunds. These charges cover our costs associated with processing the refund, such as transaction fees and administrative costs. These charges will be deducted from the total refund amount.

Refund Amount

The amount of the refund will be the total of the original purchase price, less A$69 being the applicable administrative and bank charges. Refunds will be issued to the original payment method used for the purchase.

Changes to this Refund Policy

We reserve the right to modify this refund policy at any time, effective upon posting of an updated version on our website. Your continued use of our products and services after the posting of the updated refund policy constitutes your acceptance of the new terms.

Contact Us

If you have any questions or concerns about our refund policy, please contact our customer support team at operations@etrademark.com.au.

This document was last updated on 18 September 2023.

eTrademark.com.au, hereafter referred to as "eTM" is a collaboration between Trade Service of Australia Pty Ltd (ABN: 76 009 937 624) and Go Trademarks (ABN: 79 133 806 466). eTM is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) as amended from time to time.

This Privacy Policy explains what information eTM collects and processes from you, or which you provide to us, in the course of using the Website or making a purchase from eTM. This Policy also sets out how we use that information, protect your privacy and the confidentiality of the collected information, and what you can do to opt-out of the information collected.

By providing us with your personal information you consent to the collection, use, disclosure and storage of that personal information as set out in this Privacy Policy.

If you have any questions or concerns about this Privacy Policy, please contact us using the following email, operations@etrademark.com.au.

Information We Collect

You are solely responsible for all and any personal information you share with us, through any of the forms and through any other medium. By using the Website or using our services, you consent to eTM processing and collecting this data, on the Terms outlined below. eTM collects the following types of information that it may receive from you:

• GENERAL ACCOUNT INFORMATION
  When you submit you Trade Mark Application through the eTM Website, or communicate with us through the Website’s contact form, email or any other method, we may require that you share your name, email, phone number and your address.
• BILLING INFORMATION
  eTM has partnered with Stripe to enable you to safely and securely make payments for purchases through the Website. When you pay for our services, this payment platform requires that you provide them with personally identifiable information, which may include your name, email address, phone number, and mailing address. eTM may use any of this information for internal marketing purposes, but we never directly receive or handle any of your credit card information, and we do not share your personally identifiable information with any third parties.
• INFORMATION FROM ANALYTICS, COOKIES OR TRACKING
  When you access the Website we may collect information from data collection technologies to allow eTM to understand user activity. Such information may include your browser details, device setting, IP Address, cookie information, location information, metadata, network information and other related data.

HOW WE MAY USE YOUR INFORMATION

We do not store credit card details, nor do we share customer details with any third parties. We do use your trade mark, your trade mark owner name and your address as required for the provision of our services to you, specifically, so that we can apply to register your trade mark. We may also use your information to:

• 1. Communicate with you on matters relating to you trade mark;
• 2. Send you newsletters;
• 3. Ensure that the content on the Website is presented in the most efficient and effective way for you and your computer or device;
• 4. Provide you with information, services or product information that you request from us, or which we feel may interest you, where you have consented to be contacted for such purposes; and
• 5. Notify you about any changes.

HOW TO OPT OUT FROM RECEIVING MARKETING INFORMATION

If you do not wish us to use your information for marketing purposes, please select the “un-subscribe” option within the electronic newsletter

THIRD PARTY WEBSITES

This Privacy Policy does not apply to the practices of third parties that are not affiliated with eTM but whose website, application or content can be accessed through this Website. The privacy practices of those third parties are governed by their respective privacy policies. We do not accept any responsibility or liability in relation to them.

SHARING OR DISCLOSING YOUR INFORMATION

eTM shares customer information only in the following situations:

• 1. To respond to subpoenas, court orders, or other legal requirements, or seek to establish or exercise our legal rights or defend against legal claims, enforce our site policies, or to protect the rights, property, or safety of ourselves or others. This may include disclosing to other companies or organisations in connection with fraud protection and credit risk reduction; or
• 2. We believe it is necessary to disclose such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of the Website and Service’s Terms.

DATA STORAGE

All information you provide to us is stored on computer servers that are located in Australia and in some instances overseas. We take all reasonable steps to protect the personal data we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. However, no data transmission over the internet can be guaranteed to be 100 per cent secure. While we strive to protect your personal information, it is not possible to guarantee or warrant the security of information sent over the internet. Therefore, please be aware that any data which you send to our site is sent at your own risk.

ACCESS TO INFORMATION

eTM will, on request, provide you with access to the personal information we hold about you, unless there is an exception which applies under the Privacy Act. eTM may recover from you its reasonable cost of providing you with such access.

OTHER APPLICABLE PRIVACY POLICIES

This Website uses Google Analytics. This means that every time you view a page on the Website, your browsers also send a request to Google, allowing Google to also collect cookies, pages viewed and computer information independent of our collection. Google’s use of this information is governed by its own privacy policy, https://policies.google.com/privacy?hl=en-US.

PERSONS UNDER THE AGE OF 18

eTM does not knowingly solicit any personally identifiable information from persons under the age of 18. In addition, we do not knowingly obtain, retain or use information from anyone who indicates that he or she is under the age of 18. Persons under the age of 18 are not permitted to access, view or use the Website without legal parental or guardian consent.

CHOICE OF LAW

This agreement is governed by the law of Australia and the State of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of that place.

YOUR CONSENT

By using this Website and our Service, you consent to our Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

eTM may change this Privacy Policy at any time. Your use of the Website after a change in the Privacy Policy constitutes an acceptance of the revised policy.

This document was last updated on 18 September 2023.