About Us IP Lab Limited are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link on the store page.
Our Contact details:
IP Lab Limited
PO Box 471, St Peter Port, Guernsey GY1 6AU United Kingdom
Phone: 01481 722 722
Fax: 01481 720 518
Email: ip [at] iplab [dot] co [dot] uk
TERMS & CONDITIONS
Last updated April 2006
Article 1 - General Provisions
1.1These terms and conditions which include the Returns Policy, Intellectual Property Policy and Privacy Policy, are applicable to any use of the iplab.co.uk and iplab.biz and mirrored websites ("Website"), any representations IP Lab makes to you and to any agreements concluded between you and IP Lab.
1.2 The services provided under the Website are supplied by IP Lab Limited ("IP Lab").
1.3 By placing orders either by telephone, email or through this Website you are offering to contract with IP Lab for the supply of intellectual property or brand management services, (also described in these terms and conditions as "services" or "products").
Article 2 - Offers and Acceptances
2.1 Any advertisement or representation made on this Website shall not be construed as an offer by IP Lab, but merely an advertisement. You will be making an offer when you complete the on-line order form, or place an order by telephone or email.
2.2 When you place an order to purchase a service from IP Lab, you will receive an e-mail confirming receipt of your order and the details of your order. Your order represents an offer to purchase a service which is accepted by IP Lab when you have received an e-mail confirmation that the trademark application has been made on your behalf. If there is a problem with your order IP Lab will endeavour to contact you by email. By placing your order through this Website you acknowledge this mechanism of concluding agreements with IP Lab. You shall fully, accurately and truthfully complete the ordering system to be found on the Website.
2.3 The prices stated on the Website are ex Tax. Currently no VAT is payable by you to IP Lab for the provision of its services.
2.4 IP Lab may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by IP Lab associated with it, including, but not limited to, any pricing error on the Website.
2.5 As your order is processed you will be informed by e-mail or telephone if any of the services are unavailable or if there is any problem fulfilling any part of the service request.
Article 3 - Privacy
3.1 IP Lab respects the personal privacy of all users of the Website and at all times seeks to comply with the Data Protection Act 1998. The personal information IP Lab collects about the users shall be carefully and adequately processed. To process your order IP Lab will ask you for personal information when you register for a purchase. This will include your name, e-mail and postal details. You will need to give your consent before any processing takes place and your information will only be used for the purposes stated in these terms and conditions and or at the point of collection. IP Lab is committed to maintaining the highest standards of personal privacy and will not collect information about you without your consent.
3.2 By ordering through the Website you expressly consent to the IP Lab:·
processing data relating to your credit card and order details to enable the fulfilment of your order; ·
processing your personal information so that IP Lab can efficiently provide you with information about new features and services available on the Website; ·
processing your personal data to enhance the services and goods that IP Lab makes available to its consumers; ·
transferring such data to offices located in Guernsey for the purposes of processing by IP Lab; · using cookies as per 3.3 below.
3.3 Our system places a cookie on your browser when you place an order via the Website. The information collected is anonymous and does not personally identify you. The information does not contain your name, address, telephone number or your e-mail address. Most web browsers automatically accept cookies but you can change your browser to reject them.
3.4 You may be contacted from time to time in relation to the products and services offered by IP Lab.
3.5 Unless legally required to do so IP Lab will not share your personally identifiable information with any third parties, who are not mentioned in this clause, without your prior consent.
Article 4 - Cooling-Off Period
4.1 Due to the nature of the services, once IP Lab has agreed with you that any application shall proceed no refund of any fees paid can be made. Until such time fees may be refunded to you subject always to a £99 fee in respect of each trademark application which shall be retained by IP Lab in all cases.
4.2 In the event that the service requested can not be carried out, IP Lab will refund all monies paid subject always to the discretion of IP Lab and always subject to 4.1 above. Any reasonable expenses incurred by IP Lab to date will be deducted from any refunds due. For the avoidance of doubt, if an application has been made to a relevant trade mark registry, the full cost of the services will be charged, irrespective of whether the application is later withdrawn for whatever reason.
Article 5 - Payment
5.1 You shall pay for any products ordered by you by credit or debit card unless prior arrangements have been made and agreed with IP Lab. To protect and secure your card data in the best possible way, it will be immediately processed by either Protx or PayPal. All card data will be encrypted.
Article 6 - Liability
6.1 Any liability of IP Lab resulting from the delivery of the services or products will be limited to direct damages up to the amount of the price stipulated for the items concerned. Liability for indirect damages is excluded.
6.2 Without prejudice to the provisions set out above, IP Lab will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper request for the services or products.
6.3 IP Lab shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by IP Lab.
Article 7 - Force Majeure
7.1 Neither IP Lab nor yourself will be obliged to fulfill any contractual obligation if either of us are prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, etc, ("Force Majeure"). For purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond IP Lab's control, but as a consequence of which IP Lab is unable to fulfill its obligations. Such will include strikes.
7.2 While a Force Majeure continues to operate IP Lab and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by IP Lab as terminated without further obligation to the other.
7.3 If IP Lab has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, IP Lab will be entitled to charge you for that fulfilled part.
7.4 Once a Force Majeure is operating if you have paid for a service or product yet to be completed, IP Lab shall return to you the amount paid.
Article 8 - Disputes
8.1 If proceedings are brought by you against IP Lab such proceedings shall be brought in an appropriate court in Guernsey. This Agreement shall be construed in accordance with Guernsey law
Article 9 - Intellectual Property
9.1 You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any services or products advertised on the Website nor introduce any modifications to the services or products supplied by IP Lab unless the nature of the delivered service or product dictates otherwise.
9.2 Use of the Website does not constitute a licence to use in any way, any of the Trademarks owned by IP Lab, including but not limited to the words IP Lab and the IP Lab logo.
9.3 All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Website are the copyright of IP Lab, or their content providers where applicable. Permission is granted to users to download and print one copy of the Website for their own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from IP Lab is strictly prohibited.
9.4 You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of IP Lab.
Article 10 - Rules for use of content
10.1 You may not in any way commercially exploit any content obtained from the Website without the express permission of IP Lab and must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on the Website.
Article 11 - No Warranty
11.1 IP Lab reserves the right to make changes to the Website, policies and these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you use the Website or that you order goods from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
11.2 The Website is provided "as is" and IP Lab excludes all warranties of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses.
Article 12 - Indemnity
12.1 You agree to indemnify IP Lab and IP Lab from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms and Conditions of use, including this Intellectual Property Policy, or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website.
Article 13 - Disclaimers and Limitation of Liability
13.1 You agree that the Website, including the content, is provided free of charge. IP Lab will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
13.2 IP Lab shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by IP Lab.
13.3 The Website is intended for use within the EEA and the Channel Islands. IP Lab makes no representation that any services referred to on the Website is appropriate for use, or available, outside the EEA and the Channel Islands. Those who choose to access this site outside of the EEA and the Channel Islands are responsible for compliance with local laws to the extent that local laws are applicable.
13.4 By using this Website, you consent to the Terms and Conditions and disclaimers, as defined by IP Lab. IP Lab reserve the right to change these Terms and Conditions and disclaimers and will notify you via the Website when that occurs.
13.5 IP Lab does not limit or restrict its liability for fraud, death or personal injury should it arise from the negligence of IP Lab, its directors, employees, affiliates, or other representatives.
13.6 IP Lab will use their reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, IP Lab cannot guarantee that the Website will be free from delays, interruptions or errors. IP Lab take all reasonable efforts to ensure that information on the Website is correct, but give no representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. Accordingly, IP Lab does not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the Website or the information therein.
Article 14 - Waiver
14.1 If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach these Terms and Conditions. |
