1. About these Terms
This is an agreement between you and the Commonwealth of Australia as represented by IP Australia (referred to as ‘IP Australia’, 'we' , 'our' or 'us' as the case may be) governing your use of the IP Australia mobile application version 1.0 (the Licensed Application).
Please read these terms and conditions carefully. By clicking 'I Accept' or taking steps to install the Licensed Application on your iPhone, iPad or iPod touch or other Apple device permitted under the Apple Application Store (iTunes store) terms and conditions (Device), you agree to be bound by them. By using the Licensed Application, you will be able to access information, free of charge, as provided for in the publically available search engines already offered by IP Australia to your Device including search results from the publically available Australian Trade Mark Search engine. You may also use the Licensed Application to ‘watch’ the status of Trade Mark applications and the Trade Mark Register.
Future updates to the Licensed Application may provide for additional access to AUSPAT, Australia Design Database Search and the Plant Breeders Rights search functionality. In this instance, these terms will be updated and you will be notified (via the download page and the ‘About’ tab within the Licensed Application).
2. Your Use of the IP Australia Application
We grant you a non-transferable, non-exclusive, revocable licence to use the Licensed Application on your Device, worldwide with no territorial limitation. This is a limited licence and all other rights are reserved to us. You may display and perform the functions as provided in the Licensed Application, and you may use the publically available search results generated as a result of the functionality of the Licensed Application. Your use of, and access to the Licensed Application will also be subject to Apple's terms - iTunes store terms and conditions in place from time to time. Please go to the Apple website for further information about their general terms and conditions.
The limited licence does not allow:
- Any use of the Licensed Application for commercial purposes (such as renting or leasing);
- The use of any of the IP Australia logo or design layouts in the Licensed Application, other than information that is provided within the search results as a result of a direct query through utilising the Licensed Application.
- Any use of the Licensed Application contrary to these terms and conditions and of any terms and conditions as set by Apple.
3. Use of Non-Personal Information
Both Apple and IP Australia may collect, share and use technical data and related information including information about your Device, your use of the iTunes store, and your use of the Licensed Application to facilitate the provision of updates and improvements. You agree that this information can be collected, shared and used as long as it does not personally identify you.
4. Privacy and your personal information
Your personal information is protected by law, including the Privacy Act 1988, and may be collected by IP Australia in a future update/version of the Licensed Application for the purposes of providing you with access to, for maintenance, updating and improving the Licensed Application.
This current version (version 1.0) of the Licensed Application does not collect personal information or require you to login prior to use. Therefore, your personal information will not be collected, disclosed or used by IP Australia. However, Apple will receive push notifications requests from IP Australia and therefore data may be collected by Apple in providing you with this functionality, which may identify you.
5. Push Notifications
You consent to us sending you push notifications through the Licensed Application. You may however choose not to receive Push Notifications from us by changing the settings for the Licensed Application on your Device.
IP Australia recommends that you exercise your own skill and care with respect to your use of the Licensed Application and that you carefully evaluate the accuracy, currency, completeness and relevance of the information contained within the Licensed Application for your purposes.
The information contained within the Licensed Application is a summary only of the subject matter covered and is not intended to be, nor should it be relied on as a substitute for legal or other professional advice. You should obtain your own independent, professional advice relevant to your particular circumstances.
If the Licensed Application includes content that is made available by a third party or includes a link to a third party website (being someone other than IP Australia or with a domain that does not end in ipaustralia.gov.au), IP Australia accepts no responsibility for the accuracy, completeness or the appropriateness of the third party material. The information and links are provided for convenience only and you should not rely on that as a statement of Government policy or advice on any particular matter, or any view expressed by IP Australia or any of its employees in their official duties.
We have used our best endeavours to ensure that the information provided by the Licensed Application is correct and current at the time of uploading it to the iTunes store. You should make sure that you regularly check for any updates to the Licensed Application that are available to download from the iTunes store.
To the extent permitted by law:
- we make no warranty, express or implied, that the information included in, or accessed through the Licensed Application is correct, current, reliable or complete;
- the Licensed Application is provided on a 'as is' basis and we make no warranties that the Licensed Application is error free, that any defects with the Licensed Application will be rectified or that the Licensed Application will not have unintended effects on the operation of your Device. You are responsible for any damage to your Device, computer, systems or software caused by any virus, irrespective of the origin of the virus; and
- Although IP Australia has taken care and evaluated the Licensed Application before release, we (and our employees and agents) exclude any liability we may have to you or anyone else that uses the Licensed Application on the Device for any loss including loss of benefits, claims, damage, cost or expense, whether direct, indirect or consequential or otherwise arising from or in connection with the use of this Licensed Application including a loss of data or loss of access/control of your Device or another device(s) as a result of utilising the Licensed Application.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple.
7. Copyright in Content
The Licensed Application and the information contained within it is subject to copyright.
Unless stated otherwise, the content (including text, graphics, logos, icons, images, video and audio clips and any other form of information or content and design elements) is owned by the Commonwealth of Australia or used by the Commonwealth of Australia under licence from a third party. Your use of the Licensed Application is by way of a non-exclusive licence as set out in these terms and in no way transfers or assigns ownership in any intellectual property rights (including copyright) to you.
With the exception of the Commonwealth Coat of Arms and where otherwise noted, all material presented on the Licensed Application is provided under a Creative Commons Attribution 4.0 Australia licence.
The details of the relevant licence conditions are available on the Creative Commons website (https://creativecommons.org/licenses/by/4.0/) as is the full legal code for the CC BY 4.0 licence. Content from this application should be attributed as “IP Australia’s iPhone Application” if any portion of the content of the Licensed Application is further copied or distributed in accordance with the CC BY 4.0 License.
8. General Terms
- We may terminate this agreement and your right to use or reinstall the Licensed Application at any time. If we notify you that we have terminated the agreement, you must stop using the Licensed Application and promptly remove it from your Device.
- Every time you access and/or use the Licensed Application you will be accepting these terms and conditions, including acceptance of any changes to the terms and conditions.
- We may amend this agreement from time to time by notice to you. If you do not agree to those amendments, you (as your sole remedy) should cease to use the Licensed Application and remove it from your Device.
- Your access to the Licensed Application depends on telecommunications and internet service providers and other external factors. IP Australia does not guarantee the availability, or accepts responsibility for the provision of these services.
- You must not assign or sub-licence any rights or novate your obligations under this agreement.
- This agreement constitutes the entire agreement between us and you in connection with the Licensed Application. However, this agreement does not affect any agreement you may have with Apple in connection with the operation of the iTunes store.
- If any part of this agreement is illegal or unenforceable, we may remove it from these Terms and the remaining parts will continue in force.
- Where any terms conflict with the terms as provided by Apple, the terms as provided for in these conditions to the extent of the inconsistency prevail.
- This agreement is governed by the law of the Australian Capital Territory. By accepting this agreement and using the Licensed Application, the parties agree to voluntarily submit to the jurisdiction of the Supreme Court of the Australia Capital Territory.