Trademark terms and conditions of use
NPP Australia Limited owns the intellectual property rights associated with “PayTo” including the word mark and logo. Please find below the terms and conditions for the licence (Terms) to use our trade marks as set out on this PayTo website (Trade Marks).
You will be deemed to have accepted these Terms when you download or otherwise use the Trade Marks. These Terms continue until terminated in accordance with these Terms.
1. Right to use the Trade Marks
1.1. Subject to these Terms, we grant you a non-exclusive, revocable licence to use the Trade Marks in Australia for the purpose of indicating to the public that you offer PayTo services.
1.2. No rights or licences are conferred on you pursuant to this licence except those expressly set out in these Terms.
1.3. You must not use the Trade Marks in any way that creates an impression that your goods or services are sponsored, produced, offered or sold by NPP Australia Limited (or its subsidiaries)
2. Conditions of Use
2.1. Your right to use the Trade Marks is subject to the following conditions:
2.1.1. you shall comply with the specifications, standards and directions as notified in writing by us from time to time (including by way of updating the PayTo website);
2.1.2. you shall in exercising your rights under these Terms, comply with all applicable laws, regulations, industry standards and codes of practice; and
2.1.3. you shall not do or fail to do any act or thing whereby the validity, enforceability or our ownership of the trade mark registrations for the Trade Marks, or the reputation or goodwill associated with the Trade Marks anywhere, is likely to be prejudiced.
2.2. You hereby undertake to ensure that any use of the Trade Marks by you shall not in any way reduce or diminish the reputation, image and prestige of the Trade Marks or us in any way whatsoever.
2.3. You must not use the Trade Marks in any way that creates an impression that your goods or services are sponsored, produced, offered or sold by NPP Australia Limited (or its subsidiaries).
Currently, there is no charge for the use of the Trade Marks.
4.1. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
4.1.1. your exercise of the rights granted under these Terms;
4.1.2. your breach or negligent performance or non-performance of these Terms; or
4.1.3. the enforcement of these Terms.
5. Protection of the mark
5.1. You shall promptly inform us of any suspected unauthorised use of the Trade Marks (or any confusingly similar mark) of which you become aware of, and shall provide us with such documents, information and assistance as you can in relation to any such use.
5.2. To the extent permitted by law, we give no warranty and make no representation in or pursuant to the use of the Trade Marks and/or these Terms.
5.3. To the extent permitted by law, NPP Australia Limited hereby disclaims all liability arising, from use of the Trade Marks.
6.1. We may terminate your right to use the Trade Marks at any time at our sole discretion by giving you reasonable notice.
6.2. We may terminate your right to use the Trade Marks by notice with immediate effect if:
6.2.1. you commit any breach of the Terms which is material and not capable of remedy, or which is capable of remedy but which is not remedied within 7 days of notice from us to do so; or
6.2.2. in our sole discretion, your use of the Trade Marks is in any way reducing or diminishing the reputation, image and prestige of the Trade Marks and/or us in any way whatsoever.
6.3. Upon termination of the licence to use the Trade Marks for any reason you shall cease immediately to make any use of the Trade Marks.
7.1. These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
7.2. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
7.3. Nothing in these Terms are intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
7.4. We reserve the right to make variations to these Terms. We advise you to review these Terms from time to time.
7.5. These Terms and any dispute or claim arising out of or in connection with these Terms or the use of the Trade Marks shall be governed by and construed in accordance with the law of New South Wales, Australia.