I. PRIOR DEFINITIONS

For all the intents and purposes of this "Agreement", the following definitions will apply:

“Attorney” is the lawyer or law firm in charge of the services requested by the “User” within the “Territory” and acting in the ordinary course of its business.

"User" is the “Titleholder” or his/her/its representative, identified as such by registration through the "Website". He/she/it is responsible for delivering all the information in each of the “Website” Service Application Forms. It is understood when the “User” is a representative that he/she/it is expressly authorized by the “Titleholder” to deliver this information to the “Company”.  

All communications will be exclusively held between the "Company" and the "User".

“Agreement” is the AGREEMENT ON THE TERMS AND CONDITIONS OF USE.

“Company” is TRADEMARK2U SDN BHD (670910-M), a legal entity registered in Malaysia under the Malaysian laws for providing intellectual property registration, consultation, enforcement services.

“Contracting Parties” are the “User” and the “Company.” The “Company” is responsible for all services requested by the “User”. The “Company” represents the “User” before the respective “Intellectual Property Registry” through the appointed respective Attorney(s).

“Charge” is the amount of money in the specified currency for each case, that the “User” must pay to the “Company” in order to receive the contracted service.

“Power of Attorney” is a written authorization issued according to the corresponding legal requirements of each "Territory" that the “User” delivers to the “Company” and the “Attorney” in order for them to perform all the necessary actions required to apply for a Trademark, Patent or Design on behalf of the "Titleholder."

“Online Application Form“ is the form that the “User” must fill out through the “Website” with the data therein required by the “Company” and by the “Attorney” to render a specified service.

“Specific Contract“ is the agreement whereby the “Company” pledges to perform the services requested by the “User” through the "Website" for a specific "Online Application Form". The ”User” in turn commits to deliver all the information therein required together with the payment of the “Charge” for the requested service.

“Titleholder” is the owner of the Patent, Design or Trademark that wishes to register and that identifies him-/her-/itself as such in the Registration Request for Patent, Design, Trademark or related services. The “Titleholder” may be a natural or legal entity and act by him-/her-/itself or through his/her/its representative.

"Intellectual Property Registry" is the Governmental Authority of the country where the “Attorney” requests and files the trademark / patent / design registration.

“Website” is the internet site www.trademark2u.com, in which services related to the Registration of Trademarks, Design or Patent, Services are offered.

“Territory”, refers to a country jurisdiction or other territorial organizations in which the "Attorney" will exclusively render the services requested by the "User".

II. GENERAL RULES

1. The trademarks and logos used in the “Website” are protected by the standing rules and regulations on Industrial and Intellectual Property and may not be used in any way whatsoever by third parties without the authorization of their owner.

2. The "Website" contains materials, designs, graphics and images that are owned by TRADEMARK2U and that are protected by Copyright rules and regulations. These materials or any part thereof shall not be reprinted, published, distributed, relayed, or transferred in any way whatsoever without the prior authorization of TRADEMARK2U.

3. The “Company“ is only liable for rendering the services for which it has been contracted for through the “Website.”

4. It is understood that the “User,” by virtue of accessing the “Website,” or using its services, expressly waives any indemnification, claim or right that he/she/it may have against the “Company” and its representatives.

5. Under no circumstance will the “Company,” its “Attorneys” and/or employees be responsible for any damages that the “User” may incur while using the “Website” or any link to the site, except when expressly provided to the contrary. The extent of this liability clause is applicable to damages of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims.

The “Company” services are provided on an “As is”, “As available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The “Company” expressly disclaims any representation or warranty that the "Company" services will be error-free, timely, secure or uninterrupted. No oral advice or written information given by the "Company" its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice.

Under no circumstances, including negligence, will the "Company" or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the "Company" services, including but not limited to reliance on any information obtained on the "Company" services; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to "Company" records, programs or services. The subscriber hereby acknowledges that this provision will apply whether or not the "Company" is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available.

As consideration for the services requested, the “User” agrees to pay the “Company,” applicable service(s) fees. All fees payable hereunder are non-refundable.

6. In spite of the efforts made by the “Company” the information delivered through the “Website may contain typographical or data errors which will be rectified immediately upon detection. The “User” takes upon all responsibilities and risks for the use of the “Website” and for the information obtained therein.

7. The “Company” and the “Attorney” take upon no responsibility in the event that a Patent, Design or Trademark is not granted. The “User” accepts ab initio that any objection, opposition, or rejection, or any other situation that prevents the further processing of the registration request, is not the responsibility of the “Company its directors, employees, and "Attorneys" and hereby waives any indemnification.

8. All the actions taken by the “Company” and the “Attorney” will be performed according to the information delivered by the “User.” To such effect, the “Company” and the “Attorney” will not accept any responsibility if such information infringes any third party rights or contains errors and/or omissions. The “User” is absolutely responsible for the data delivered in any "Online Application Form" available on the “Website,” whether recommended or not by the “Company.”

9. The “Company” neither represents nor controls other web sites that can be accessed through the “Website”, and held no responsibility for the content, use, products, and services that may be available in those other web sites.

10. The surveillance service and the search service for Patents, Designs or Trademarks may contain errors and/or omissions derived from the information available in the data banks, whether proprietary or not, of the “Intellectual Property Registry” which may themselves contain errors and/or omissions.

The “User” releases the “Company” and its “Attorneys” of any such responsibility, waiving any claim for indemnification due to error, incomplete information, or in respect of recommendations and propositions made by the "Company" according to this information.

11. Under no circumstance the “Company” and the “Attorneys” will be responsible for any damage, loss of data or their inputs incurred by the “User” as a consequence of his/her/its connection with the “Website” or due to the interruption of a communication, or malfunctioning of the “Company” servers.

12. The parties agree that the “Company” may change this "Website" "Agreement" without notification to the “User,” in order to improve the service or due to changes in the rules and regulations of the country in which the application is being filed. It is understood that the unmodified Terms and Conditions remain in full force and must be complied with by the parties.

13. The “Company” will provide a password to the “User,” or a personal access keyword, to access the web pages of “Client’s Login.” The “User” will be responsible for the custody and nondisclosure of this password as well as of its use.

14. The delays and errors resulting from force majeure will not be considered a breach of the “Company” or the "Attorney" services, including but not limited to, problems arising from elements of nature, fires, acts of war, national security attacks, coups d’état, or interruptions in the “Website” derived from major technical problems as determined by the “Company.”

15. Upon submittal of the Online Application Form, the non-“Titleholder” “User” certifies that he/she/it is authorized by the “Titleholder” “User” to request the services and bind him/her/it according to the terms of this Contract.

16. The “Company” will not return the “Charge” paid, in case of errors and/or omissions made by the “User,” including, but not limited to, a breach in the terms of this “Agreement”, delivery of incorrect information when submitting any “Online Application Form” and/or the incorrect modification of necessary information for the processing thereof.

17. The “User” is responsible to contract through the “Website”, within the deadlines established by the “Company,” the legal services in case of objections, oppositions, and refusals in the processing of the “Online Application Form”. The “User” must be aware that the deadlines are binding, meaning that if the required action is not complied with within the prescribed term, the right for a cause of action is relinquished, what normally leads to the loss of the registration request and/or other rights.

18. The “User” accepts and declares that, if he/she/it does not contract certain services within the term required by the “Company,” it will be assumed ipso jure that he/she/it relinquishes his/her/its interest in pursuing the processing of the respective “Online Application Form” terminating the “Specific Contract,” without any refund of money whatsoever by the “Company.”

19. The “Charges” for the different services offered on the “Website” are those in force at the time of payment by the “User.”

20. The “User” declares that by virtue of filling out the form of any “Online Application Form” he/she/it guarantees to the “Company” that all the information supplied in them is true and based on the principles of mercantile bona fide and further guarantees that he/she/it knows this “Agreement” in its entirety as well as the remaining contracts associated with it.

21. The “User,” by means of this “Agreement,” declares that he/she/it is entirely responsible for any claim, procedure, damage, injury, loss, or cost that may arise from, or that is related to, his/her/its deeds.

The “company” is not responsible for the publication and/or the content of the web site. It is not responsible either for complaints, law suits, trials, damages, costs or expenses related to the violation of third person rights claimed by them inside or outside a tribunal. The “user” declares that he or she is fully responsible of any complaint, procedure, damage, slander and costs that may arise or be related with a personal issue or one linked to their website.

The requested and registered domain name will be the “user’s” exclusive responsibility; whose registration should not contradict the current standards, morally or ethically. In case you do not comply with the former the user must respond before the authorities, releasing the “company” from any responsibility.

The “Company” will not be responsible for the content of the Domain Name Registration that has been requested by the “User”. The “User” is exclusively responsible for the content of his/her/it Domain name which must not be contrary to the law, accepted moral codes and norms of good behaviour. In case of infringement, the “User” shall respond before the correspondent authorities, liberating the “Company” from any responsibility.

22. The “Company” and the "Attorney" are obliged to render the requested service after it has received from the “User”: (i) the information required in the respective “Online Application Form” contained on the “Website”, (ii) payment of the respective charge, and (iii) the Power of Attorney, in such cases where this is necessary.

23. The “User” must provide and cooperate, during the processing of the “Online Application Form” in an integral, complete and opportune manner, delivering precise and trustworthy information, and responding to the requirements for information requested by the “Company” within the terms indicated.

24. The Intellectual Property Registry grants the “Titleholder” the right to use the Trademark, Design or Patent in the way it is conferred and for the products, services, and industrial or commercial establishments included in such rights.

25. The Legal Notice of the “Website” are an integral part of this “Agreement.”

27. The “Company” may terminate this “Agreement,” the “Contract” and the authorization to the “User” to use this “Website” from the moment he/she/it ceases to comply with his/her/its obligations with the “Company.”

It will be a cause for termination of this "Agreement": (i) the delivery of any inaccurate information by the "User"; (ii) the "User" refusal to update or deliver the requested information; and (iii) the "User" failure to provide instructions within the terms required by the "Company" to continue processing the contracted services.

28. All communications between the parties will be via e-mail or fax and directed to the "Contracting Parties" addresses.

29. The “Contracting Parties” establish as their legal domicile the country where the Trademark, Design or Patent Service is being requested or has been registered or created. This “Agreement” will be construed, interpreted, and governed by the laws of the country where the Trademark, Design or Patent Service has been requested or is registered or created.

30. The “Company” reserves the right, without expression of cause, to reject any request for service.

31. All new Services requests ordered directly to the managers without using this web site will be subject to these Terms of Use.

32. If any matter, dispute or claim arising out of or relating to this Agreement or the breach or termination hereof which cannot be agreed upon by both parties, the matter, dispuite or claim shall be referred to an arbitrator to be agreed between the parties, and failing such agreement, to be nominated on the application of either Party by the Director General of the Regional Centre for Arbitration in Kuala Lumpur and any such reference shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 2005 [Act 646]. The decision of the arbitrator shall be final and binding on each of the Parties.

32.1 Any such arbitration shall be heard at the Kuala Lumpur Regional Centre for Arbitration using the facilities and systems available at the Centre.

32.2 The reference of any matter, dispute or claim to arbitration pursuant to this Clause and/or the continuance of any arbitration proceedings consequent thereto shall in no way operate as a waiver of the obligations of the Parties to perform their respective obligations under this Agreement.

33. This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the Parties submit to the exclusive jurisdiction of the courts of Malaysia.

34. Time, whenever mentioned, shall be of the essence of this Agreement.

35. If any provision of this Agreement is held to be illegal or is invalid under any klaws or regulations effective and applicable during the term of this Agreement, such provision shall be fully severable and this Agreement shall be construed as if such illegal or invalid provision had never comprise as part of this Agreement and remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from this Agreement.