Welcome to DIY TM! Thanks for your interest in this website (website) and the trade mark filing services available through it (services).
If you use our website to file a trade mark application with the Intellectual Property Office of New Zealand (IPONZ), we are acting as your filing agent. We provide you with technical filing assistance, however we do not provide legal advice.
By using the website and by applying to file a trade mark application via the website, you acknowledge and agree that:
- we are not providing you with legal services; and
- we are not your lawyer and you are not our client, unless separately agreed in writing.
If you wish to use a lawyer to file your trade mark application, or you need legal advice in relation to your trade mark (or other IP matters), you can contact us at firstname.lastname@example.org, and we will recommend a number of local lawyers who may be able to assist you.
Provision of Information and Privacy
If you apply to file a trade mark application, you will need to provide certain information to us, as set out in the application form. In order to file the trade mark application on your behalf, we are required to submit this information to IPONZ.
If you provide information to us, you will ensure it is accurate and complete.
We do not collect personal information provided to us other than to use it for communicating with you or completing transactions. We won’t provide your information to third parties, other than to affiliates who process transactions on our behalf, or unless we’re required to by law.
We use standard analytics applications to collect technical data and related information when any visitor accesses the website. We use the technical information collected to have a better understanding of how people use the website and how we might improve it, and do not pass any of this information on to third parties.
To the extent permitted by law:
- all warranties, representations and guarantees are excluded, including suitability, fitness for purpose, appropriateness, availability for use, accuracy or completeness of the website, the content or the services;
- we will not be liable for any direct or indirect damage, loss or expenses of any kind suffered or incurred by you in connection with your access to or use of the website, the content or the services; and
- you indemnify us against all loss we suffer or incur as a direct or indirect result of your failure to comply with these terms.
To the extent that any warranties cannot be excluded, liability for them is limited to the amount you have paid to us for the services.
We make no representation that the website is current or that the content satisfies the laws of all countries. Any legal information on the website is not legal advice. You are responsible for ensuring your compliance with applicable local laws.
You acknowledge and agree that your use of the website is at your sole risk.
Third Party Websites
The website may contain links to third party websites that have not been created by and are not controlled by us. We do not check, endorse, approve, agree with or take responsibility for any third party websites, their content, operations, products or operators.
All intellectual property rights in the website including content, graphics and copyright works are owned by us or our content providers. We exclusively own all rights in the compilation, design and layout of the website.
We only accept payment by credit card. Our credit card payment gateway provider is Braintree, a division of Paypal. All transactions will be charged in advance in New Zealand dollars.
It is not possible for us to file a trademark application until all fees have been paid.
If the trade mark owner is a New Zealand citizen or a New Zealand company, 15% GST is payable, and will be added at the payment summary stage of the process.
Once your application has been submitted with IPONZ, it is not possible for refunds to be issued.
We may amend these terms from time to time, so you should check and read them regularly. If you continue to use the website after the terms are amended, you are deemed to have agreed to the new terms.
Jurisdiction and Governing Law
The website has been created in accordance with New Zealand law. If any dispute arises relating to these terms or your use of the website, this will be governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand Courts.