The Fine Print

 

TERMS AND CONDITIONS (WEBSITE) – ACORN TRADE MARK ATTORNEYS

This website (“website”) provides information about Acorn Trade Mark Attorneys, including our services and contact details.

1.   Visitor’s Agreement to Website Terms and Conditions

By using this website, you agree to comply with and be legally bound by these Terms and Conditions.

2.   Details Of Website Ownership

The Acorn Trade Mark Attorneys website located at http://www.acorntrademarks.com.au is owned, controlled and operated by Acorn Trade Mark Attorneys Pty Ltd ACN 623 169 148 (“we”, “our”, “us” or “Acorn Trade Mark Attorneys”).

If you have any questions or comments about our Terms and Conditions please contact us by email at [email protected].

3.   Privacy Policy

Our compliance with the relevant privacy legislation is set out in our separate Privacy Policy page.

4.   No Attorney-Client Relationship

By itself, your use of this website is not intended to create, and will not create, an attorney-client relationship between us and you. Nor does contacting or communicating with us via this site create an attorney-client relationship. Such a relationship can only arise once both parties have held an initial consultation (see below), and subsequently reached agreement that Acorn Trade Mark Attorneys will handle a particular matter.

5.   Initial Consultation

Acorn Trade Mark Attorneys offer all our new clients a half-hour initial consultation. This gives us sufficient time to understand a potential client’s needs, and explain relevant aspects of the trade mark system. At the initial consultation we also check to ensure there are no obstacles (such as conflicts of interest) barring us from proceeding to represent a given client.

We prefer to conduct the initial consultation by Skype or telephone. This is more convenient for our typical small business client, and a particular benefit for clients from regional Australia. Running a virtual office also helps us keep our fees low by eliminating unnecessary office space overheads.

We will need to clearly identify each new client, so at the initial consultation we require that you provide us with relevant identification details (eg your name, job title, ACN/ABN, trading name, street and postal addresses, and the names of any other relevant parties). We will only knowingly provide trade mark services to people who have the legal capacity to enter into contracts. If you refuse to provide the information we request, or if we are unable to confirm your identity, we reserve the right not to proceed further with your matter.

If Acorn Trade Mark Attorneys is able to help you by providing the services of a registered trade marks attorney, then after our initial consultation we will send you a Client Agreement and Terms of Engagement for signature.

If our initial consultation reveals that we are unable to be of assistance, however, then we reserve the right not to provide you with further information or services.

6.   Fees, Cancellations and Refunds

Fees are paid in advance.

If a consultation in person is required, you will be able to choose a suitable date and time from the scheduling calendar on the site. If you need to reschedule or cancel your initial consultation, please contact us as soon as possible.

We will provide a refund for cancellations made at least one full business day in advance, but any expenses already incurred will be deducted from the refund.

We will reschedule a consultation if the request is made at least one full business day in advance, but the client will be invoiced for any expenses already incurred and expected to pay them before the consultation takes place.

If you fail to be present for your consultation (including by missing a scheduled telephone call or Skype session), arrive without sufficient identification details, cancel your consultation less than one business day in advance, or have not fully paid the invoice in advance, we reserve the right to charge the full consultation fee.

7.   Intellectual Property

We are the exclusive owner (unless otherwise stated) of the intellectual property on this website. This includes (but is not limited to) trade marks, designs, the text, data, photographs, graphics, structure, and the look and feel of this website (“content”). Acorn Trade Mark Attorneys retains all intellectual property rights to this website and its content.

Except as permitted by law, you must not copy, reproduce, transmit, adapt, store, display or otherwise distribute any of our intellectual property without prior written consent.

8.   Third Party Material

This website contains links to websites that are neither controlled by nor associated with Acorn Trade Mark Attorneys. We do not check, approve or endorse information on (or products available from) linked websites. We are not responsible for the operation, content, security or any other aspect of third party websites.

9.   Disclaimer And Exclusion Of Warrantees

The content on this website is intended to provide a general overview on trade mark matters of interest. The website contents are not a complete statement of the law on any subject. You should seek professional advice before any taking any course of action.

Although we endeavour to ensure the accuracy and completeness of information presented on this website, there may nevertheless be errors and omissions. All of the information is liable to change. We make no warranty or representation as to the reliability, accuracy or completeness of the information. We are not responsible for any action (or for any failure to act) which relies upon the information on this website or any third party website to which we may link.

10.   Indemnity

By using this website, you indemnify Acorn Trade Mark Attorneys and our directors, attorneys, employees, related parties and successors against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by us, directly or indirectly in connection with your use of this website or your breach of these Terms and Conditions.

11.   Liability

We do not accept responsibility for any direct or indirect loss or damage, however it may be caused (including negligence), that you may suffer in connection with your use of this website, your use of any website we link to, or your reliance on information contained on or accessed through this website. You unconditionally release Acorn Trade Mark Attorneys, our directors, attorneys, employees, related parties and successors from all liabilities, demands, actions, damage, loss, costs and expenses (including legal costs on a full indemnity basis) that may be directly or indirectly incurred or suffered by you in connection with your use of this website.

12.   Jurisdiction

These Terms and Conditions, and any other matters relating to this website, shall be governed and construed in accordance with the laws of the state of Victoria, Australia, and the parties shall submit to the jurisdiction of the courts of Victoria.

13.   Disputes and Arbitration

Any disputes or differences which arise between us and you with respect to these Terms and Conditions will be referred to a single arbitrator in accordance with the provisions of the Commercial Arbitration Act 2011 (VIC) or any re-enactment or statutory modification of that law in force.

14.   Your Use Of The Site

You must not:

  • use this website in a way that violates these Terms and Conditions;
  • use this website for unlawful activities or purposes;
  • scrape or data mine this website;
  • send unsolicited correspondence to third parties, based on content from this website;
  • make unauthorised modifications to this website.

Subject to these Terms and Conditions, you may download material from this website solely for your own personal and non-commercial use. You agree to retain any proprietary notices or disclaimers on material downloaded from this website, and not to distribute the material to any third party.

15.   Amendments

We will occasionally change these Terms and Conditions at our discretion and without notice. By continuing to use our website, you accept the Terms of Reference as they appear from time to time.

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