Terms of Service

General

These Terms of Service Terms of Service form the basis by which you can use our website and our services ("the Service") and regulate any agreements between us (IP Monitor PTY LTD, ("us, we, our")), our associated patent attorneys and agents and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You")). Please read them carefully. BY USING THE SERVICE, YOU ARE STATING THAT YOU HAVE LEGAL CAPACITY TO FORM LEGALLY BINDING CONTRACTS AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Application Process

Generally, our PCT National Phase application process begins with your browsing to the relevant PCT application on our website, selecting your desired National Phase applications for the PCT application and your configuring of each National Phase application in accordance with the requirements for each jurisdiction under the guidance of our software platform.

Then, to initiate your order, you are required to pay 10% of the estimated costs for your chosen jurisdictions. Upon payment of the deposit, your application will be sent to associated patent attorneys and agents in each of your chosen jurisdictions for review.

Our associated patent attorneys in each jurisdiction will check whether your application is in order for National Phase entry, whether we have enough information to make the National Phase application, whether our attorney or agent can act for you (such as in the absence of a conflict of interest) and whether the cost estimate required updating.

Within 48 hours, you will receive the result of the initial review. If we require more time to review your application, we will request such, but at this time you have the right to decide to cancel your order for the particular jurisdiction and receive a full refund. Furthermore, if our associated patent attorney or agent in a jurisdiction cannot act for you, such as by way of conflict of interest, you will be eligible for a full refund. Alternatively, if our associated patent attorney or agent in a jurisdiction confirms availability to act for you, you will be required to pay the remainder balance for that particular jurisdiction. Note that if you choose not to pay the remainder balance timeously, you will forfeit your deposit.

Once having paid the remainder fees for a jurisdiction, our associated patent attorney in each jurisdiction will enter the National Phase for your application and prosecute your application going forwards.

Our Associated Patent Attorneys and Agents

We have formed/are forming associations with various associated patent attorneys and agents in each National Phase jurisdiction for the purposes of handling your National Phase applications. You should take note of the clear demarcation between our services and those of our associated patent attorney and agents. Generally, our services relates to presenting of PCT National Phase applications for your selection, choosing one or more National Phase jurisdictions and configuring those jurisdictions. Once configured, your National Phase applications for each chosen jurisdiction are processed by the relevant associated patent attorney or agent in the relevant jurisdiction.

You should specifically note that we are not patent attorneys, agents, solicitors, lawyers or the like. As such, you should not take any information on a website or provided by us as professional advice or a legal opinion.

Furthermore, services relate only to the presenting of application data for various PCT applications for your selection, your selection of one or more National Phase jurisdictions for your PCT application selection, your configuration of each of your National Phase jurisdiction selections and payment processing for your applications. The services of our associated patent attorneys and agents are those of a normal patent attorney and agent and comprise receiving your application data from our platform, reviewing and checking your application, and if, after having accepted your application, entering the National Phase in its relevant jurisdiction, and thereafter prosecuting your applications in the normal manner.

Formation of a Binding Contract

By placing an order through our website you are offering to contract with us and our associated patent attorneys and agents for the supply of paid for National Phase applications.

However, your order for each National Phase jurisdiction is only accepted by us and our associated patent attorneys and agents after review by the relevant associated patent attorney or agent in the relevant jurisdiction wherein a number of checks will be performed, including whether a conflict of interest exists. There may be instances where we need to discuss your order with you prior to our acceptance of your order wherein we will contact you by email.

Only when you received a further confirmation for a particular jurisdiction can you consider your order accepted for that particular jurisdiction. Such acceptance of your order then creates a legally binding contract between the relevant associated patent attorney or agent and you wherein you must then pay the remainder balance due for the relevant jurisdiction and the associated patent attorney or agent must enter the National Phase for the relevant jurisdiction.

We and our associated patent attorneys or agents reserve the right not to accept your order at our sole discretion.

Pricing

Please note that the fees and costs paid at the time of placing your order relate to the National Phase entry only and that there will be further fees and costs in relation to the prosecution of your patent application. These costs are hard to estimate as they depend essentially on the examination process and the number of objection which may be raised by the examiner. You may request a schedule of fees from the relevant associated patent attorney or agent.

During checkout, our website will display an estimate of the costs for the National Phase applications according to your chosen jurisdictions.

At the tim of checkout, you will be asked to pay 10% of the estimated amount. Upon payment, your applications will be sent to our associated patent attorneys and agents for your review. If our associated patent attorneys or agents for a particular jurisdiction are unable to act for you, such as due to a conflict of interest, your monies paid for that particular jurisdiction will be refunded to you in full. Note that the refund of one jurisdiction does not entitle you to a refund for your other nominated jurisdictions.

Upon confirmation that our associated patent attorneys and agents can act, you will be required to pay the balance for each jurisdiction before our associated patent attorneys or agents will proceed with the filing of the relevant National Phase application.

Our software is designed to estimate the costs as accurately as possible. However, upon review, if our associated patent attorneys and agents review your application and determine that the cost needs updating, for such things including changes in official fees, we will let you know. Note that varying of the cost upon review by our associated patent attorneys does not happen often. If the cost for a particular jurisdiction varies by more than 10%, you have a right to withdraw your order for the relevant jurisdiction. Note that the refund of one jurisdiction does not entitle you to a refund for your other nominated jurisdictions.

Payment Processing

We use PayPal to perform payment transaction. As such, only PayPal and the acquiring bank have access to your payment instrument details.

No Guarantee as to Acceptance

You should be aware that having entered the National Phase, the acceptance of your patent application is not certain and depends on a number of factors including novelty and inventiveness. Before entering the National Phase, applicants are advised to refer to the Written Opinion if available for a guide as to the scope of potential patent protection.

Last Minute Filings

While we reserve the rights to receive applications at any time, we are not responsible for not been able to meet a deadline for applications received less than one week before the relevant National Phase deadline. However, in such circumstances, we will do our best to meet such deadlines and also to inform you if we are not able to meet a relevant deadline.

Cancellation and Amendment

At the time of checkout you will be provided the opportunity to review your order to ensure that the order is correct and contains no errors. You are responsible for ensuring the application information is correct.

You must let us know in writing (such as by email) if you wish to cancel or amend your order. If so, please wait for confirmation from us before assuming that we have received your instructions. If we do not confirm your instructions within a reasonable time, please contact us again.

Your right to cancel or amend ends once we have begun to carry out your order. For example, where we accept your order to file a National Phase patent application, such filing could occur within 24 hours. In the event of cancellation or amendment, you may be liable for any costs, expenses or losses incurred in our carrying out your order including any costs or expenses of our associated patent attorneys or agents.

Content

While we have taken care in the preparation of our content, including for any prices mentioned therein, we reserve the right to accept your order in the event of material error in the description or the relevant prices as advertised by us.

Certain of our information, such as PCT patent application bibliographic details received from third parties. As such, this information, and other information they contain errors. As such, before you rely on such information, you must make independent enquiries to confirm the accuracy thereof.

Furthermore, time frames mentioned by us are approximate only.

Our services are limited to providing National Phase entry services only. Any other service suggested or implied by us is unintentional.

You must respond to us and our associated patent attorneys or agents in a timely manner. Failure to do so may result in your loss of rights. Note that doing so may involve significant additional expense on your part including by taking legal advice or attempting to revive lapsed patent applications. We shall assume that your instructions are not to let your rights lapse without specific instructions to do so and therefore we may elect to act without your instruction to preserve your rights in the event of our not being able to obtain your instructions in a reasonable manner. In such a case, you accept liability for any costs or fees incurred in our preserving your rights in this manner. If you do wish to let your rights lapse, you agree to let us know in writing within a reasonable time.

Any information we provide, is not legal advice and should not be taken as a substitute for informed legal opinion. Furthermore, we are not responsible for any loss or damage resulting from the action taken or refrained from as a result of advice given by us or our associated patent attorneys or agents.

You accept that our acceptance or non acceptance of your order is non-prejudicial to your patent rights.

Disclaimers & Limitations of Liability

If you do not receive notification by e-mail of our acceptance of your order within 7 days of the date on which you placed your order, we accept no liability to you unless you notify us in writing of the problem within 14 days of the date on which you placed your order. Where such a notification is made by you, we and our associated patent attorneys or agents, at our sole discretion, may choose to carry out your order, or issue a refund for the amount paid by you.

You are responsible for complying with the applicable regulations and legislation to apply for a patent in each jurisdiction. You irrevocably authorise us to lodge on your behalf, others individuals or bodies all documents necessary with third parties including, without limitation, documents at patent registries. You warrant that you have legal capacity to act on behalf of such others individuals or bodies.

Our liability is limited to direct damages up to the amount of the price paid by you for our services, excluding any Government fees already paid. We shall not be liable for any special, indirect or consequential loss or damage whatsoever, whether caused by our negligence or otherwise, which arises out of or in connection with the supply of our service.

Once you have been engaged by our associated patent attorney or agent in a jurisdiction, the normal standards for liability, professional indemnity and the like apply between yourself and the relevant associated patent attorney agent in the normal manner.

You expressly agree that use of our service is at your sole risk. Neither we, our affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that our service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of our service, or as to the accuracy, reliability or content of any information, or service provided through us.

Use of our services is provided on an "as is" basis; to the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, we do not represent or warrant that the information accessible via us is accurate, complete or current.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

In no event will we be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use us. You hereby acknowledge that the provisions of this section shall apply to all content provided by us.

In addition to the terms set forth above neither, we, nor our affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained on us, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, we, nor our affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

Communication

You agree that email communication is the preferred method of concluding agreements with us. You agree to inform us promptly of any change of your contact details, including address, telephone number or email address. Failure to do so may result in our inability to contact you, potentially resulting in the loss of your rights, for which we accept no responsibility.

Privacy Policy

All documents related to your application and the bibliographic information of your application including the name and address of the applicant will be published, including in the official patents journal and various databases and websites. Unless you inform us in writing before your order is filed, we reserve the right to provide details of your application on our website and marketing documentation.

We use Google Analytics to collect information about your usage of our website to help us improve the quality of our service. If you wish to be excluded from such collection of data, please install the Google Opt-out addon/extension for your browser.

Any information provided by you will be used for the purposes of processing your orders; for the purposes of advising you of the status of your orders, including of any deadlines; for statistical purposes to improve our services to you; to serve content and promotions to you during your visit; to administer our website; and with your consent, to notify you via email of products or special offers that may be of interest to you. You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights.

As our privacy policy may change from time to time, we invite you to check this privacy policy frequently for any updates or changes.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these conditions will not be affected.

Eligibility

You agree that they you are eligible to enter into binding legal contracts and that they are at least 18 years old. We reserve the right to perform your orders for perceived violation of this provision.

Disputes

Any dispute or difference whatsoever arising out of or in connection with us shall be submitted to arbitration in a jurisdiction of our choice.

Severability Clause

The contract between us and you is binding on the parties and on your respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms or any of your rights or obligations without Our prior written consent.

We have the right to revise and amend our Terms from time to time at its absolute discretion but for reasons including but not limited to changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system capabilities.

Our content may be protected by copyright laws and treaties around the world and all rights relating to the same are reserved. You may not modify any paper or digital copies of any materials printed or downloaded. You must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials available on us for commercial purposes.

This Agreement and any operating rules for us established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.