TERMS AND CONDITIONS

Our Contact details:

IP Lab Limited
PO Box 471
St Peter Port
Guernsey
GY1 6AU
United Kingdom

Phone: 00 44 1481 722 722

Email:ip@iplab.co.uk

TERMS & CONDITIONS

Last updated February 2022

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of IP Lab’s website www.iplab.co.uk, whether as a guest or a registered user. Use of our site includes accessing, browsing, the provision of services or registering to use our site.

Please read these terms of use carefully before you start to use IP Lab’s site, as these will apply to your use of our site and the provision of services. We recommend that you print a copy of this for future reference.

By using this site and/or ordering services, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use this site.

Article 1 – General Provisions

1.1 These terms and conditions together with the Privacy Policy are applicable to any use of iplab.co.uk and any mirrored websites (“Website”), any representations IP Lab makes to you and to any agreements concluded between you and IP Lab.

1.2 The services provided under the Website are supplied by IP Lab Limited (“IP Lab”). IP Lab is a Guernsey registered company, registration number 40912 whose registered office is at La Repere, Les Echelons, St Peter Port, Guernsey, GY1 1AT.

1.3 By placing orders either by telephone, email or through this Website you are offering to contract with IP Lab for the supply of intellectual property or brand management services, (also described in these terms and conditions as “services” or “products”).

1.4 IP Lab may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

1.5 IP Lab may update the Website from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and IP Lab are under no obligation to update it.

1.6 IP Lab does not guarantee that the Website, or any content on it, will be free from errors or omissions.

1.7 IP Lab’s site is made available free of charge.

1.8 IP Lab does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to IP Lab’s site is permitted on a temporary basis. IP Lab may suspend, withdraw, discontinue or change all or any part of its site without notice. IP Lab will not be liable to you if for any reason our site is unavailable at any time or for any period.

1.9 You are responsible for making all arrangements necessary for you to have access to IP Lab’s site. You are also responsible for ensuring that all persons who access IP Lab’s site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Article 2 – Offers and Acceptances

2.1 Any advertisement or representation made on this Website shall not be construed as an offer by IP Lab, but merely an advertisement. You will be making an offer when you complete the on-line order form, or place an order by telephone or email.

2.2 When you place an order to purchase a service from IP Lab, whether through the Website or by telephone or email, you will receive an e-mail confirming receipt of your order and the details of your order. Your order represents an offer to purchase a service which is accepted by IP Lab when you have received an e-mail confirmation from IP Lab. If there is a problem with your order IP Lab will endeavour to contact you by email or by telephone. By placing your order through the Website you acknowledge this mechanism of concluding agreements with IP Lab. You shall fully, accurately and truthfully complete the ordering system to be found on the Website.

2.3 The prices stated on the Website are ex Tax. As IP Lab is based in Guernsey in the Channel Islands, no VAT is payable by you to IP Lab for the provision of its services. IP Lab reserves the right to charge VAT or applicable taxes in the event that such taxes become applicable.

2.4 IP Lab may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by IP Lab associated with it, including, but not limited to, any pricing error on the Website.

2.5 As your order is processed you will be informed by e-mail or telephone if any of the services are unavailable or if there is any problem fulfilling any part of the service request.

Article 3 – Cooling-Off Period

3.1 Due to the bespoke nature of the services, once IP Lab has agreed with you that any services shall be provided no refund of any fees paid can be made. Until such time fees may be refunded to you subject always to IP Lab’s discretion and taking in to account any reasonable expenses incurred by IP Lab up to the point of cancellation.

3.2 In the event that the service requested can not be carried out, IP Lab will refund all monies paid subject always to the discretion of IP Lab and always subject to 3.1 above. Any reasonable expenses incurred by IP Lab to date will be deducted from any refunds due. For the avoidance of doubt, in the event that an application has been made to a relevant trade mark registry, the full cost of the services will be charged, irrespective of whether the application is later withdrawn for whatever reason.

Article 4 – Payment

4.1 You shall pay for any services or products ordered by you by credit or debit card unless prior arrangements have been made and agreed with IP Lab. To protect and secure your card data in the best possible way, it will be immediately processed by PayPal with no credit card information either collected or stored by IP Lab.

4.2 Disbursements – all products and services available through the website include general disbursements including government fees, postage and sundry items such as photocopying etc. In certain countries other items such a legalisation of a Power of Attorney may be required before an application can be submitted. Often the charges for such items are dependent upon where the applicant is based and cannot therefore be calculated until after an order has been placed. IP Lab will confirm with you any further charges which may be applicable as soon as possible after an order is received.

4.3 As soon as we have agreed an order with you we will, subject to 4.2 above, process that order and make the appropriate filing on your behalf. The fixed fees listed on the web site cover application fees, government fees and general disbursements. They do not cover instances where a trade mark application is objected to either by the country registrar or by a third party. In the event of such an objection, we will contact you with a quote for dealing with this on your behalf.

4.4 You acknowledge that all advertisements for trade mark services on the Website represent unchallenged and unopposed trade mark applications in each respective country. In the event that a trade mark application is challenged by either a registry or by a third party, further fees will become payable. Such fees are not included within the scope of general application fees and will be charged in addition to these fees. In the event that an application is challenged then we will inform You of the likely fees that will be incurred prior to any work being carried out.

Article 5 – Liability

5.1 Any liability of IP Lab resulting from the delivery of the services or products will be limited to direct damages up to the amount of the price stipulated for the items concerned. Liability for indirect damages is excluded. In many instances we instruct agents in other countries to carry out the applications and IP Lab will act as an intermediary in such a relationship.

5.2 Without prejudice to the provisions set out above, IP Lab will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper request for the services or products.

5.3 IP Lab shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by IP Lab.

Article 6 – Force Majeure

6.1 IP Lab will not be obliged to fulfill any contractual obligation if it is prevented from so doing due to as any and all external causes, whether foreseen or unforeseen, which are beyond IP Lab’s control but as a consequence of which IP Lab is unable to fulfill its obligations, including but not limited to strikes, postal strikes, electrical failure, transport interruption, etc, and in addition to the above definition and any cases implied by law (“Force Majeure”).

6.2 While a Force Majeure continues to operate IP Lab may suspend its obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by IP Lab as terminated without further obligation to the other, subject to clauses 6.3 and 6.4 below.

6.3 If IP Lab has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, IP Lab will be entitled to charge you for that fulfilled part.

6.4 Once a Force Majeure is operating if you have paid for a service or product yet to be completed, IP Lab shall return to you the amount paid, subject to clause 3.1 above

Article 7 – Disputes

7.1 A contract formed under these terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Guernsey.

7.2 The parties both irrevocably agree that the courts of Guernsey shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).

Article 8 – Intellectual Property

8.1 You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any services or products advertised on the Website nor introduce any modifications to the services or products supplied by IP Lab unless the nature of the delivered service or product dictates otherwise.

8.2 Use of the Website does not constitute a licence to use in any way, any of the Trademarks owned by IP Lab, including but not limited to the words IP Lab and the IP Lab logo.

8.3 All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Website are the copyright of IP Lab, or their content providers where applicable. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Permission is granted to users to download and print one copy of the Website for their own personal, non-commercial, use you may draw the attention of others within your organisation to content posted on our site. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from IP Lab is strictly prohibited.

8.4 You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of IP Lab.

8.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.6 IP Lab’s status (and that of any identified contributors) as the authors of content on its site must always be acknowledged.

8.7 You must not use any part of the content on the IP Lab site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.8 If you print off, copy or download any part of IP Lab’s site in breach of these terms of use, your right to use its site will cease immediately and you must, at IP Lab’s option, return or destroy any copies of the materials you have made.

Article 9 – Rules for use of content

9.1 You may not in any way commercially exploit any content obtained from the Website without the express permission of IP Lab and must abide by the trademark, copyright and other proprietary restrictions and licences displayed on the Website.

Article 10 – No Warranty

10.1 IP Lab reserves the right to make changes to the Website, policies and these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you use the Website or that you order services from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10.2 The Website is provided “as is” and IP Lab excludes all warranties and guarantees of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses.

10.3 The content on IP Lab’s site is provided for general information only.

Article 11 – Indemnity

11.1 You agree to indemnify IP Lab from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website, including the provision of services under it, in breach of the Terms and Conditions of use, including this Intellectual Property Policy, or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website.

Article 12 – Disclaimers and Limitation of Liability

12.1 You agree that the Website, including the content, is provided free of charge. IP Lab will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.

12.2 The Website is intended for use within the EEA , the UK and the Channel Islands. IP Lab makes no representation that any services referred to on the Website is appropriate for use, or available, outside the EEA , the UK and the Channel Islands. Those who choose to access this site outside of the EEA, the UK and the Channel Islands are responsible for compliance with local laws to the extent that local laws are applicable.

12.3 IP Lab will use their reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, IP Lab cannot guarantee that the Website will be free from delays, interruptions or errors. IP Lab take all reasonable efforts to ensure that information on the Website is correct, but give no representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. Accordingly, IP Lab does not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the Website or the information therein.

12.4 Nothing in these terms of use excludes or limits IP Lab’s liability for death or personal injury arising from its negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Guernsey law.

12.5 To the extent permitted by law, IP Lab excludes all conditions, warranties, representations or other terms which may apply to IP Lab’s site or any content on it, whether express or implied.

12.6 IP Lab will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, its site; or use of or reliance on any content displayed on its site.

IP Lab will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

12.7 IP Lab will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of IP Lab’s site or to your downloading of any content on it, or on any website linked to it.

12.8 IP Lab assumes no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Article 13 – Waiver

13.1 If you breach these Terms and Conditions and we take no action, IP Lab will still be entitled to use its rights and remedies in any other situation when you breach these Terms and Conditions.

Privacy Policy

IP Lab Ltd ("we" or "us") are committed to protecting and respecting your privacy.

1. SCOPE OF POLICY

1.1 This policy together with the General Terms of Service and our Business Terms of Service and our Business Terms (as applicable) apply to your use of our website at iplab.co.uk or any mirrored or redirected sites (the "Sites")
 
 1.2 This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed and used by us.

Controller

We are the data controller responsible for your personal data.

So that we're clear and there's no misunderstanding about how we handle your personal data, we will:

Always keep your data safe and private.

Never sell your data.

2. INFORMATION WE COLLECT ABOUT YOU

2.1 We will collect and process the following data about you:

Information you give us "Submitted Information": This is information you give us about you by filling in forms on the Sites, or by corresponding with us (for example, by e-mail or via the contact pages of the Sites). It includes information you provide when you order a service from us. If you contact us, we will keep a record of that correspondence. The information you give us may include your name, address, e-mail address and phone number.
 
 b) Information to help us deliver our service to you. We work closely with third parties in order to help us deliver our Service to you. These third parties are only used for cloud computing, billing and email services.
 
3. USES MADE OF THE INFORMATION

3.1 Below is a summary of the key types of data that we make use of as part of the Services. For more information on how these types of data are used and for which purposes then please see the table below.

We use information held about you in the following ways:

(a) Submitted Information: We will use this information: To provide you with the information, products and services that you request from us; 

4. Purposes for which we will use your personal data

4.1 We have set out below a description of all the ways we use your personal data as stated above, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

To provide the IP Lab Services:

What we use your information for  - To file or maintain intellectual property for our clients, as requested or instructed by them.

Type of Information - Submitted Information

Our reasons - Fulfilling contracts; our legitimate interests; our legal obligations; being efficient about how we fulfil our legal and contractual duties.

Our legitimate interests - Our commercial interest in providing you with a good service.

To keep the IP Lab Services up and running:

What we use your information for  - To administer our Site for internal operations,

Type of Information - Submitted Information

Our reasons - Fulfilling contracts; our legitimate interests; our legal obligation; being efficient about how we fulfil our legal and contractual duties.; complying with regulations that apply to us.

What we mean by:

Legitimate Interest: this means the interest of ours as a business in conducting and managing IP Lab to enable us to provide to you the IP Lab Services and offer the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Fulfilling a Contract: this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Our Legal Obligation: this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

5. MARKETING

5.1 We do not engage in any direct marketing with our clients, nor do we share clients’ details with any third parties, other than for the purposes of performing the Services as requested by you.

6. DISCLOSURE OF YOUR INFORMATION

DATA PROCESSING PARTNERS

6.1 We will disclose the data we collect from you to certain third parties who use personal data in delivering their services to us, they use data securely and confidentially and under strict contractual controls in accordance with data protection laws and enforced by IP Lab.

6.2 We send personal data to the following sets of data processors in order to perform the IP Lab Services:

a) Cloud storage providers This is in order to safely and securely store your data with IP Lab; 

b) Billing software providers 

c) Credit card processors

7. STORAGE SECURITY & INTERNATIONAL TRANSFERS

7.1 The data that we collect from you will be transferred to, and stored at, a destination inside the European Economic Area (EEA). As we provide an international service your data may be processed outside of the EEA in order for us to fulfil our contract with you to provide the IP Lab Services. We will need to process your personal data in order for us, for example, to action a request made by you to apply for a trade mark in a foreign jurisdiction, process your payment details and provide ongoing support services. We will take all steps to ensure that your data is treated securely and in accordance with this privacy policy.

7.2 Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology or a secure virtual private network.

7.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

8. RETAINING YOUR INFORMATION

8.1 In order to not hold your information for longer than is strictly necessary we will not hold any of your personal data for more than 6 years after the termination of our business relationship.

9. YOUR LEGAL RIGHTS

9.1 You have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights:

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
 
 Object to processing of your personal data. This is in situations where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (including the Services). In this case, we may have to cancel your use of the Services but we will notify you if this is the case at the time.

10. CHANGES TO PRIVACY POLICY

10.1 Any changes we may make to our privacy policy in the future will be posted on this page
 
 11. CONTACT

11.1 All questions relating to data and your privacy are welcomed and should be addressed to ip@iplab.co.uk