You warrant that you are the trade mark owner or making the renewal application on behalf of the owner and with the owner’s authority and consent.
You warrant that the trade mark registration has not expired absolutely or is not due to expire absolutely within the next two days.
You warrant that, to the best of your knowledge and belief, the application to the Registry, does not infringe upon the legal rights of a third party.
TZCL will prepare and pay for the renewal of your trade mark electronically with the Intellectual Property Office of New Zealand (the Registry) within 2-3 days of receiving your application.
TZCL will notify you when the trade mark has been renewed with the Registry.
Where you have not ticked the Agent box for TZCL to be your general agent, you authorise and appoint TZCL to act as your agent under the Trade Marks Act 2002 in respect of this renewal application you are submitting to TZCL.
You request that all notices, requisitions and communications relating to this Renewal application be sent to TZCL either online or by post to PO Box 14 388, Wellington 6022, New Zealand.
This Agreement also includes your application form. We may change this Agreement at any time. Changes to this Agreement will vary this Agreement. The posting of changes to this Agreement constitutes notice and acceptance of any and all such changes.
In this Agreement:
We aim to provide you with consistently reliable and good quality Services. We do not guarantee that the Services we provide will be perfect. When access to our Services is disrupted we will do our best to reinstate the Services as soon as we can.
Whenever possible, before starting substantive work, we will confirm by email, facsimile or letter. The Services we supply to you will be supplied to you in whatever way we think is appropriate. We can choose the carriers used to provide our Services and we can change the carriers at our sole discretion.
We agree not to charge any more for any Service than the price stated on the TZCL website at the time you pay for that Service. Once you have paid for that Service, you will not be charged more if our fees then change for that Service.
The role of TZCL is that of an agent under the Trade Marks Act 2002 acting for you at the Intellectual Property Office of New Zealand (the Registry) to renew your trade mark. The Registry is responsible for the New Zealand Trade Marks Register (the Register).
TZCL provides a renewal service. TZCL is not a law firm and the employees of TZCL are not acting as your lawyer. TZCL does not practise law and does not give legal advice. This website is not intended to create a lawyer-client relationship. By using TZCL or by requesting they become your agent and address for service, no lawyer-client relationship will be created with TZCL. This website is not a substitute for legal advice.
Furthermore, any legal information on this website is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, TZCL cannot guarantee that all the information on this website is current. The law is different from jurisdiction to jurisdiction and is also subject to interpretation by different courts and to application to different circumstances. No general information or Services of the kind TZCL provides can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our general information or Services, you should consult our trade mark lawyers at Zone Law.
Unless we agree otherwise, our Services are provided to you as our client, and not to any other person.
You acknowledge and agree that you will:
Where we have come to alternative arrangements for payment, we may at our sole discretion request a credit report from a third party which we may use for credit checking and reporting purposes.
Where we have an agreement for the Services to be paid for at a later date, we reserve the right to impose a credit limit on your account at any time. You agree that the credit limit imposed by us may be altered at our sole discretion with effect from the date we notify you of such alternation. You also agree that if at any time you exceed the credit limit we will be entitled to suspend the provision of our Services to you. All costs and expenses of or incurred by us as a result of any such suspension and recommencement shall be payable by you upon demand.
We reserve the right to refuse our Services to any person. Reasons for refusal may include, but are not limited to, unfavourable credit rating, notification of bankruptcy, liquidation, business closure, criminal or unfair trading practices.
As consideration for the Services, you agree to pay to TZCL the applicable fees up front before TZCL provides the Services. All fees payable are non-refundable.
As further consideration for the Services, you agree to provide current, complete and accurate information about you as required by the trade mark renewal process.
You warrant that the information and all other statements in your application are true, current, complete, accurate and reliable. Both TZCL and the Registry reserve the right to terminate your trade mark registration under the Trade Marks Act 2002 if:
You understand that by the term "fixed fee" we mean that TZCL’s fees are fixed for the Services we have stated that we will carry out. However, the fees of the Registry are not fixed and you agree to abide and be bound by and to pay the fees charged by the Registry.
We reserve the right to change our fees at any time. The posting of any changes to our fees constitutes notice and acceptance of any and all such changes.
As part of the trade mark renewal process, you are required to provide us with certain information and to update us promptly as such information changes, such that our records are current, complete and accurate.
You are obliged to provide us with the following information:
Any voluntary information we request is collected to ensure that we can continue to improve the goods or services offered to you and for you to track your application.
You acknowledge and agree that your use of the Services is solely at your own risk. You agree that the Services are provided on an "as is", "as available" basis. We make no warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that any defect in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own risk in all respects and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services obtained by you from or through us or through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from or through us or through the Services shall create any warranty whatsoever.
You acknowledge and agree that the acceptance or registration of your trade mark does not confer immunity from opposition, revocation, cancellation, invalidation, or alteration, of the mark by a third party or the Registry.
You acknowledge and agree that your trade mark registration may be subject to revocation, alteration, suspension, cancellation, or transfer pursuant to a Registry or government-adopted policy.
You acknowledge and agree that our entire liability, and your exclusive remedy, with respect to any good or service or Service provided to you by or through us or any breach of this Agreement, is limited solely to the amount you paid for that good or service or Service.
In particular, without in any way limiting the application of the previous paragraph, you acknowledge and agree that TZCL and its associated companies, affiliates and partners and their directors, employees, agents, licensees, invitees, contractors, and all other persons under their control or direction, and the Registry, shall not be liable for any direct or indirect loss or damage of any kind arising from:
Further, you acknowledge and agree that if you receive goods or services or Services from us for business purposes, then the Consumer Guarantees Act 1993 does not apply to this Agreement or any of our business dealings and the limitations of liability specified above apply under the Contracts (Privity) Act 1982 in all respects.
You acknowledge and agree that TZCL and its parent and associated companies, affiliates and partners and their directors, employees, agents, licensees, invitees, contractors, and all other persons under their control or direction, and the Registry, shall not be liable for any direct or indirect loss or damage of any kind arising from any delay in delivery of any goods or services or Services or failure to perform our obligations under this Agreement where such delay is caused directly or indirectly by an Act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
You agree to release, indemnify, and hold TZCL and its associated companies, affiliates and partners and their directors, employees, agents, licensees, invitees, contractors, and all other persons under their control or direction, and the Registry, harmless from all liabilities, claims and expenses, including lawyers’ and attorneys’ fees, of third parties arising out of or relating to the trade mark renewal including without limitation infringement by you or a third party.
When we are threatened with suit by a third party, we may seek written assurances from you concerning your obligation to indemnify us. Your failure to provide such assurances may result in us refusing to continue to act for you and in terminating this Agreement and including cancelling the trade mark if required.
Your indemnification obligation to us will survive the termination or expiry of this Agreement.
You acknowledge and agree that we represent you on the understanding that we will advise other clients in any other matters unless we have agreed otherwise in writing.
We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any trade mark application or registration to correct a mistake, protect the integrity and stability of TMZL or the Registry, comply with any applicable laws, regulations, rules, or requirements, or avoid any liability or loss.
You acknowledge and agree that we shall not be liable to you for any loss or damage that may result from the exercise of any such right so reserved.
You acknowledge and agree that if the renewal of your trade mark is challenged by a third party, you will be subject to the provisions of the Trade Marks Act 2002.
You acknowledge and agree that in the event a trade mark dispute arises with any third party, you will indemnify and hold us harmless pursuant to this Agreement.
If TZCL is notified that a complaint has been filed with a judicial or administrative body regarding your trade mark, TZCL may, at its sole discretion stop acting for you.
In the event that this Agreement is inconsistent with any term, condition, policy or procedure of the Registry, the term, condition, policy or procedure of the Registry shall prevail.
Should you intend to license use of the trade mark to a third party, you shall nonetheless be the trade mark holder of record and responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the trade mark. You acknowledge and agree that you accept liability for harm caused by wrongful use of the trade mark and that you shall secure the agreement of any third party to this Agreement.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our Services and those of our associated companies, affiliates and partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
Our failure to require performance by you of any provision of this Agreement shall not affect our right to require full performance at any time thereafter. The waiver by us of a breach of any provision of this Agreement shall not be taken or held to be a waiver of the provision itself. Any such breach by you shall not affect our rights under this Agreement nor be deemed to be excused because we did not act earlier in response to that, or any other, breach. If for any reason we delay in exercising or fail to exercise our rights under this Agreement that will not mean we have waived or given up such rights.
We will deliver our tax invoices and any other notices to the email address you have given us in your information. Any such invoice or notice shall be deemed to have been received by you one day after we have sent it.
In the case of e-mail, valid notice shall only be deemed to have been given to us when an electronic confirmation of delivery has been given by us to the sender. E-mail notification to TZCL must be sent to firstname.lastname@example.org.
You warrant that you are of legal age to enter into this Agreement.
We may assign or transfer our rights and responsibilities under this Agreement to someone else. We will give you written notice in advance if we intend to do so.
We may also subcontract the performance of any of our obligations or responsibilities under this Agreement to someone else. We will give you written notice in advance if we intend to do so.
You may not assign or transfer any of your rights or responsibilities or obligations under this Agreement to anyone else without our prior written consent.
This Agreement will remain in effect during the term of your application with us as selected, recorded and paid for at the time of the selection and submission of your application.
You acknowledge and agree that failure to comply with any provision of this Agreement will entitle us to terminate this Agreement immediately upon such breach without refund and without notice to you and the Registry to terminate your trade mark application or registration as provided under the Trade Marks Act 2002. The termination of this Agreement shall not release you from any outstanding obligations or responsibilities you owe to us.
On termination of this Agreement, we will cease providing goods and services and Services to you and all amounts which you owe to us will immediately become due and payable.
Where you wish to end this Agreement, please write to us at PO Box 14-388, Wellington 6241, New Zealand, or e-mail us at email@example.com. This Agreement will end and all charges will cease at the end of your current billing cycle provided you have paid us in full all outstanding amounts due to us.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of New Zealand. Any action relating to this Agreement must be brought in New Zealand and you irrevocably consent to the jurisdiction of such courts.
If, for any reason, any provision of this Agreement is unenforceable, all other provisions of this Agreement remain binding and enforceable.
You acknowledge and agree that this Agreement and any posted changes to this Agreement are the complete and exclusive agreement between you and us for all goods and services and Services provided to you by or through us.
You acknowledge and agree that you have read this Agreement and accept all its terms and conditions.
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