1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.5 "Supplier" means THE TRADE MARKS BUREAU of 3rd FLOOR, 14 HANOVER STREET, HANOVER SQUARE, LONDON W1S 1YH that owns and operates WWW.TRADEMARKSBUREAU.CO.UK;
1.6 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 "Website" means WWW.TRADEMARKSBUREAU.CO.UK.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the relevant application form.
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website. The price is exclusive of VAT.
4.2 The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer
4.4 Payment of the price plus VAT, if applicable, must be made on receipt of clients instructions.. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
5 MONEY BACK GUARANTEE
5.1 We will offer a guarantee only on 'Our fees' but not the Statutory Fee payable to the Intellectual Property Office and only if the application meets our criteria for doing so. We will always advise the client of this. If there is any reduction in the guarantee the client is free to instruct us not to proceed with the application in which case the order will be cancelled and no fees payable. Alternatively, the Client may proceed with the application without it being guaranteed but, should the application be refused, the Client will not be entitled to any refund.
5.2 Should the application that we file on your behalf as part of our service to you be rejected by the registry concerned then, if we have guaranteed the application, we will refund “Our Fee” to you following refusal by the registry provided that you have complied in full with these Terms and Conditions.
5.3 Where we have guaranteed an application, the guarantee shall only stand if you continue to pursue and defend your application in the event of an objection from the Examiner or an opposition by another mark owner up to the point that the application is withdrawn other than by your request. Further costs may be incurred by you in order to pursue or defend an application.
5.4 Where, following an objection from the Examiner or an opposition by another mark owner, your mark is permitted to proceed with a more limited specification than that applied for and you have consented to the application proceeding in this way, the application will be deemed to have succeeded and our guarantee will not be payable.
6.1 The Supplier shall begin to perform the Services on receipt of the relevant payment.
6.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
7 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
7.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
7.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
8 AGE OF CONSENT
8.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
8.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
14.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
The service applied for can only be carried out on payment of the relevant fee (if applicable).