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INFORMATION ABOUT INDAB AG - DATABASE SERVICE

THE WEBSITE WWW.INDAB.ORG (“INDAB”) DISPLAYS THE TRADE MARK, THE NAME OF THE TRADE MARK OWNER, THE NAME OF THE ASSOCIATED BRAND AND PRODUCT/SERVICE ON THE INTERNET. IT IS ONLY AVAILABLE IN NEW ZEALAND TO OWNERS OF TRADE MARKS REGISTERED WITH THE INTELLECTUAL PROPERTY OFFICE OF NEW ZEALAND ("IPONZ"). INCLUSION ON INDAB DOES NOT SUBSTITUTE FOR REGISTRATION WITH IPONZ, NOR DOES IT EXTEND THE VALIDITY OF YOUR TRADE MARK.

ACCEPTING PUBLICATION TERMS AND CONDITIONS

TO ENABLE INCLUSION OF YOUR TRADE MARK ON INDAB, YOU MUST ACCEPT THESE TERMS AND CONDITIONS AND TRANSFER THE FEE PAYABLE TO INDAB. YOUR TRADE MARK AND ASSOCIATED DATA WILL BE PUBLISHED FOR A PERIOD OF TWO YEARS UPON RECEIPT OF PAYMENT. YOU WILL BE NOTIFIED (TO YOUR LAST KNOWN CONTACT DETAILS) OF THE EXPIRY OF YOUR PUBLICATION TO ALLOW YOU TO EXTEND YOUR PUBLICATION.

WARRANTY

YOU WARRANT THAT YOUR TRADE MARK AS STATED WILL BE REGISTERED WITH IPONZ FOR THE DURATION OF THE PERIOD IT WILL BE ON INDAB, THAT YOU HAVE FULL RIGHTS, POWER AND AUTHORITY TO LICENCE INDAB TO PUBLISH THE TRADE MARK ON INDAB AND THAT THIS PUBLICATION WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. IF INDAB BECOMES AWARE THAT A TRADE MARK PUBLISHED ON THE INDAB WEBSITE IS IN BREACH OF ANY LAW, THIRD PARTY RIGHTS OR YOU ARE OTHERWISE IN BREACH OF THESE TERMS, INDAB MAY REMOVE THE TRADE MARK FROM INDAB IMMEDIATELY WITHOUT REFUND.

INDEMNITY

YOU INDEMNIFY INDAB IN RESPECT OF ANY CLAIM OR DEMAND MADE OR ACTION COMMENCED BY ANY PERSON AGAINST INDAB OR ANY LOSS OR DAMAGE WHATSOEVER SUFFERED IN CONNECTION WITH INDAB DISPLAYING YOUR TRADE MARK ON THE INDAB WEBSITE, INCLUDING ANY LEGAL COSTS AS BETWEEN SOLICITOR AND CLIENT INCURRED BY INDAB.

LIABILITY

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING OWNERSHIP AND THE REGISTRATION OF YOUR TRADE MARK. INDAB WILL NOT ASSUME ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF PUBLISHED INFORMATION ON INDAB, ESPECIALLY IN THE CASE OF ANY DISPUTE IN RELATION TO THE COPYING OR USE OF CONFUSINGLY SIMILAR TRADE MARK NAMES. THE TRADE MARK OWNER WHO ACCEPTS THESE TERMS AND CONDITIONS FOR PUBLICATION IS EXCLUSIVELY RESPONSIBLE FOR THE PUBLISHED DATA.

ERRORS AND OMISSIONS

INDAB WILL NOT BE RESPONSIBLE FOR ANY ACT, OMISSION, FAILURE OR DELAY WITH RESPECT TO THE INDAB WEBSITE OR ANY OTHER SUBJECT MATTER CONTAINED IN THESE TERMS AND CONDITIONS NOT REASONABLY WITHIN INDAB’S CONTROL.

MODIFICATIONS

REASONABLE CHANGES TO THE INFORMATION RELATING TO A TRADE MARK PUBLISHED ON INDAB WILL BE MADE FREE OF CHARGE UPON RECEIPT OF A WRITTEN REQUEST. IF YOUR TRADE MARK IS PARTIALLY OR ENTIRELY ASSIGNED TO ANOTHER OWNER, YOU MUST IMMEDIATELY INFORM INDAB OF THIS CHANGE IN WRITING.

TERMINATION

YOU MAY TERMINATE THIS AGREEMENT WITH INDAB AT ANY TIME BY WRITTEN NOTICE. YOU WILL NOT BE ENTITLED TO A REFUND OF FEES FOR THE BALANCE OF THE PUBLICATION PERIOD.

ADDITIONAL SERVICE

YOUR WEB-ADDRESS, EMAIL, FAX AND TELEPHONE NUMBER CAN BE ADDED TO INDAB ALONG WITH YOUR TRADE MARK WITHOUT ANY EXTRA COSTS AT YOUR WRITTEN REQUEST.

SEVERABILITY

THESE TERMS ARE TO BE READ SUBJECT TO ANY LAW IN NEW ZEALAND. IF ANY PART OF THESE TERMS AND CONDITIONS IS INVALID OR UNENFORCEABLE, THE REMAINDER OF THESE TERMS AND CONDITIONS WILL STILL APPLY.

APPLICABLE LAW AND JURISDICTION

YOUR AGREEMENT WITH INDAB IS SUBJECT TO NEW ZEALAND LAW, AND THE PARTIES SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF NEW ZEALAND.

GST

ALL AMOUNTS SPECIFIED IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE OF GOODS AND SERVICES TAX (GST).PUBLISHER: INDAB AG, CH-6340 BAAR, DORFSTRASSE 38, INFOLINE 0011800-723 48 899, WWW.INDAB.ORG