Website Terms of Service

Last Updated: 16 February 2025.

1. Introduction

These website terms and conditions of use (“Terms”) govern your use of our website and online services. In these Terms, “we”, “us” or “our” means Nicholas Weston Lawyers & Trade Marks Attorneys ABN 21 926 131 693, a legal practice and trade marks attorney practice registered in Australia.

PLEASE NOTE THAT WE OPERATE A LEGAL PRACTICE AND TRADE MARKS ATTORNEY PRACTICE. THIS WEBSITE IS OPERATED BY OUR TRADE MARKS ATTORNEY PRACTICE. ANY INFORMATION PROVIDED ON THIS WEBSITE IS GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE OR ENGAGEMENT OF OUR LAW FIRM. YOU SHOULD ALWAYS SEEK SPECIFIC PROFESSIONAL ADVICE BEFORE TAKING ANY ACTION IN RELATION TO TRADE MARKS OR OTHER INTELLECTUAL PROPERTY MATTERS.

2. Acceptance of Terms

By accessing or using our website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must cease using our website immediately.

3. Professional Services

3.1 Nature of Services

We provide trade marks attorney services online via this website. Our services may include trade mark searching, filing, prosecution, opposition, and related intellectual property services.

3.2 No Attorney-Client Relationship

Your use of this website, receipt of information from us, or downloading of any materials does not create an attorney-client relationship. An attorney-client relationship will only be established upon our explicit acceptance of your engagement and the execution of a formal engagement agreement.

3.3 Professional Obligations

We are bound by:

The Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys 2018
The Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015
Other applicable professional conduct rules and regulations

4. Website Content and Use

4.1 General Information Only

The content on this website is intended to provide general information only. While we strive to keep information current and accurate, we make no representations or warranties about the completeness, accuracy, reliability, currency or suitability of the information for any purpose.

4.2 Professional Advice

Before acting on any information provided on this website, you should:

Consider whether it is appropriate for your circumstances
Seek professional advice specific to your situation
Verify the accuracy and completeness of all relevant information

4.3 Prohibited Conduct

You must not:

Breach any person’s privacy or legal rights
Use the website for defamation, harassment, or threatening behavior
Interfere with other users’ access or use
Introduce malicious code or compromise security
Send unsolicited communications
Infringe intellectual property rights
Use the website for any illegal purpose
Attempt to reverse engineer or decode any part of the website
Use the website in any way that competes with our business

5. Intellectual Property

5.1 Ownership

Unless otherwise indicated, we own or license all intellectual property rights in:

The website design, structure, and content
Our trade marks and branding
Documents, templates, and materials provided through the website
All other content and materials on the website

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

Access and use the website for personal or internal business use
Download and use documents as explicitly permitted
Print materials for your personal reference

5.3 Restrictions

You must not:

Modify, copy, or redistribute any content without our permission
Use our content for commercial purposes
Create derivative works from our content
Remove any copyright or proprietary notices
Use our trade marks without written permission

6. Online Services and Payment

6.1 Service Availability

We may:

Modify or discontinue any service without notice
Restrict access to services at our discretion
Change service features or functionality
Implement usage limits or restrictions

6.2 Payment Terms

All fees are in Australian Dollars and exclude GST
Payment is required before services commence
We may modify our fees with reasonable notice
No refunds of professional fees except as pursuant to a ‘no-registration, no fee’ warranty or as required by law
No refunds of Government fees under any circumstances
You are responsible for any bank or transaction fees

6.3 Security

You are responsible for maintaining the security of your account
You must notify us of any unauthorised access
We use reasonable security measures but cannot guarantee absolute security

7. Privacy and Confidentiality

7.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

7.2 Confidential Information

We will:

Maintain the confidentiality of information you provide
Use appropriate security measures
Only disclose information as permitted by law or with your consent

7.3 Data Security

While we implement reasonable security measures, we cannot guarantee:

The security of data transmission
Protection against all security threats
Complete confidentiality of online communications

8. Liability and Indemnity

8.1 Disclaimer

To the maximum extent permitted by law, we:

Exclude all implied warranties and guarantees
Make no representations about accuracy or suitability
Do not guarantee uninterrupted or error-free service

8.2 Limitation of Liability

Our liability is limited to:

Refund of professional fees if agreed when ordering your specific service
Resupplying the services
Paying the cost of resupply
The maximum extent permitted by the Australian Consumer Law

8.3 Indemnity

You agree to indemnify us against all claims, losses, and expenses arising from:

Your breach of these Terms
Your use of the website
Your violation of any laws
Any content you submit or share

9. Termination

9.1 Termination Rights

We may:

Terminate or suspend your access without notice
Discontinue the website or any service
Modify these Terms at any time

9.2 Effect of Termination

Upon termination:

Your right to access the website ceases
Accrued rights and obligations survive
Relevant Terms continue to apply

10. General Provisions

10.1 Governing Law

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of courts in that jurisdiction.

10.2 Severability

If any provision is invalid or unenforceable, it will be severed, and the remaining provisions continue in force.

10.3 Entire Agreement

These Terms constitute the entire agreement regarding website use and supersede all prior agreements.

10.4 Updates

We may update these Terms at any time by posting the revised version on our website. Your continued use constitutes acceptance of the updated Terms.

11. Contact Information

For questions about these Terms, contact us at:
Trade Marks Office c/- Nicholas Weston Lawyers & Trade Marks Attorneys,
Level 4, 90 William Street, Melbourne VIC., 3000 Australia
Email: [email protected]
Tel: 1300 132 551 or +61386160379

12. Professional Registration

We maintain all required registrations with:

The Trans-Tasman IP Attorneys Board
The Legal Services Board & Commissioner in Victoria, Australia

Our attorneys and lawyers hold all necessary qualifications and practicing certificates as required by law.