Website Terms & Conditions of Use

By accessing and using www.marky.nz and any related website (Website) you agree to be bound by MARKY’s Website Terms and Conditions of Use outlined below and our Privacy Policy (together, General Terms and Conditions).

Please read our General Terms and Conditions. If you don’t, or if you don’t agree with them, you are not authorised to use our Website or our Services.

1. Operation of the Website and our Services

1.1. The Website is a venue where we advertise our Services, and provide related information about trade marks and the trade mark registration process. The information provided on the Website is for educational purposes only, and is not legal advice. Use of the Website and Services is at your own risk.

1.2. MARKY provides the Services with the aim to help you protect your trade marks as best as possible. But the success of the Services ultimately depends on the information you provide, which you are responsible for.

1.3. If you have any questions or doubts about what you should be filing for, or are filing for, you should contact MARKY before going ahead with the filing.

2. Accessibility of Services

2.1. To use our Services you must:

• agree to our Client Terms and Conditions; or
• pay the fees specified on the Website for our Services.

2.2. You must be over 18 years of age to use our Services.

3. Use of the Website and MARKY Content

3.1. When using the Website or MARKY Content, you agree you will not use the Website or MARKY Content in any manner that is unlawful or prohibited by the General Terms and Conditions.

3.2. Without limiting clause 3.1, you agree you will not (directly or indirectly):

• hack into any part of the Website or MARKY Content;
• commit or encourage a criminal offence;
• defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;
• disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users;
• impersonate any other person, or forge any material in order to disguise the origin of any MARKY Content or communications sent through the Website;
• transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other Users in order to transmit or facilitate the transmitting of such materials;
• attempt to modify, reverse engineer or reverse-assemble any part of the Website or MARKY Content;
• breach any applicable laws or regulations; or
• engage in any other conduct that we consider (in our absolute discretion) breaches the General Terms and Conditions or Client Terms and Conditions or is otherwise inappropriate for the Website.

3.3. Without limiting clauses 3.1 and 3.2, you agree you will not provide to us or post or transmit any content on the Website or any website linked to the Website or related social media page that:

• is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
• is or is reasonably likely to be unsuitable for persons under the age of 18 years;
• infringes the IP Rights of any person;
• infringes any confidentiality or privacy obligations or other contractual or legal obligations owed to any third party;
• is incorrect or inaccurate;
• is false or misleading or deceptive;
• contains any virus (including malware or spyware) or other destructive component;
• is prohibited by or violates any applicable laws or regulations; or
• otherwise breaches the General Terms and Conditions or Client Terms and Conditions.

3.4. We reserve the right to remove or delete any content which we reasonably believe breaches the requirements set out in clause 3.3.

4. MARKY Content and IP Rights

4.1. You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the MARKY Content. No MARKY Content may be copied, modified, reproduced, published or transmitted without our prior written consent.

4.2. You may view or otherwise use MARKY Content, provided:

• you only use it for the purpose for which it was provided to you, i.e. for your own information or educational purposes; and
• you otherwise only use it in compliance with these General Terms and Conditions.

4.3. Your use of the Website or the Services does not provide you with any IP Rights in relation to the Website or the MARKY Content.

5. Links to Third Party Sites

5.1. The Website or our Products and Services may include links to Third Party Sites. If you visit a Third Party Site, you will be subject to the terms and conditions of that website and any dealing will be solely between you and that Third Party Site. These links do not imply our endorsement of that Third Party Site or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.

5.2. The Website or our Services may be linked to various social networking sites. You acknowledge and agree that:

• any comments or content that you post on such social networking sites through a link provided on the Website are subject to the terms and conditions of the social network site that you post the comments or content on; and
• we are not responsible or liable for any comments or content you or others post on social networking sites.

6. Liability

6.1. We do not warrant or guarantee:

• the accuracy or correctness of the MARKY Content on the Website or provided through our Services;
• that the MARKY Content will be free from viruses (including malware or spyware) or other destructive properties; or
• that the operation of the Website will be uninterrupted or error free,

and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the MARKY Content lies with you.

6.2. The Website may contain content that is developed and/or provided by third parties. We:

• do not endorse or warrant any third party content used, displayed or available on the Website; and
• take no responsibility for the third party content and any representations made.

7. Indemnity

7.1. You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:

• any transactions with any Third Parties, including Third Party Sites;
• your breach of any of the General Terms and Conditions;
• any reliance by you on MARKY Content or any other content on the Website or any link to a third party website or social media page; or
• any technical errors or corruption of data on the Website.

8. Changes to Website

8.1. We may at any time without notice remove, amend and/or vary any of the MARKY Content on the Website or cease operating the Website in whole or in part.

9. No Waiver

9.1. No failure or delay by us to exercise any right or remedy provided for under the General Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.

10. Assignment

10.1. We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these General Terms and Conditions to any person or party. You may not assign or transfer any of your rights or obligations under these General Terms and Conditions to any other person without obtaining our prior written consent.

11. Severability

11.1. If any portion of these General Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.

12. Third Parties

12.1. These General Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.

13. Applicable Law

13.1. These Client Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.

13.2. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

14. Variation

14.1. No variation of these General Terms and Conditions will be effective unless it is in writing.

15. Further Information

15.1. If you require any further information, or if you have an issue or complaint, please contact MARKY.

16. Definitions

16.1. MARKY LIMITED (MARKY) is the owner of the Website, business and related IP Rights, and provider of the Services. MARKY may also be referred to as "we", "our", "us" or "it" in any correspondence with you and throughout any page of the Website, including the General Terms and Conditions.

16.2. You, as a User of our Website and Services, may be referred to as "you", "User", or "Client".

16.3. Client means a User who is required to agree to the Client Terms and Conditions.

16.4. In the General Terms and Conditions, the following words have the meanings set out below:

• MARKY Content means any text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material or data on or underlying the Website or provided to you as part of our Services.
• IP Rights means any trade marks, copyright and all other intellectual property rights.
• Services means the services we advertise or provide on the Website.
• Third Party means any party that is not a party to these General Terms and Conditions (i.e. is not you or us).
• Third Party Sites means any Third Party website, site or page (including social media sites and pages).
• User means any user of the Website.