Terms & Conditions | BusinessName.com.au

Accessing this website

These terms of use (Terms) govern your access to and use of:
1. this website http://businessname.com.au (Website) provided by Business Switch Pty Ltd (ACN 134 235 304) (we, us or our); and
2. the Australian Business Name (Business Name) registration and renewal services, Australian Business Number (ABN) and domain name registration services (Services) provided through the Website.
If you do not agree with all of these Terms including our privacy policy, do not access or otherwise use this Website or the Services or any information or materials contained on the Website.
Your use of the Website or the Services means you agree to abide by the Terms below.

Your rights and obligations in respect of the Website

You may view and download and/or print any of the content on the Website, including all text, graphics, images, information or any materials on the Website (Content) that we have expressly permitted may be printed or downloaded on your personal computer, laptop, smart phone, tablet, PDA or other similar device, to avail of our Services or for use in a personal and non-commercial capacity.
You agree that you will not:
1. alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person on the Website;
2. modify or edit the Content or publish, sell or license the Content including, but not limited to, making the Content available on any other website;
3. to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website;
4. create any links from any other website to this Website without our express prior written permission;
5. use any Content on the Website for any commercial purpose;
6. use any robot, spider, other automatic device or manual process to monitor or copy any Content without our prior written consent;
7. use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; or
8. take any action that imposes an unreasonable load on the Website's infrastructure.

Intellectual property

All intellectual property rights in all Content and other information included on this Website and the arrangement of the Content on the Website is owned by us or our licensors.
No duplication, public transmission, modification, deletion or reproduction of the Content may be made without our permission except for printing and storage for personal use or other specific use permitted under copyright law.
Any use of the trade marks, logos or product names appearing on our Website, without permission from us or the relevant rights holder is prohibited, except where specific use is authorised under trade mark law or other laws.

No professional advice

The information provided on this Website is provided for general information purposes only and does not constitute professional advice. You must exercise independent skill and care in selecting any of the services referred to on, or made available through, this Website.

The Services

We do not give any advice as to the appropriateness or suitability of the Services for you. We do not give or claim to give legal or financial advice. It is solely your responsibility to ensure that the Services you purchase through this Website meet your requirements. If you are unsure about your requirements, you should contact the Australian Securities and Investment Commission (ASIC), Australian Taxation Office (ATO), your accountant or lawyer.
By using our online registration applications, you warrant that the information you supply, including your declaration on submitting the Business Name or ABN registration application is, to the best of your knowledge, accurate, complete and up-to-date. It is an offence to provide false or misleading information to ASIC or the ATO. It is your responsibility to inform us of any changes to that information. You may do this by contacting us at this page.
We may at any time request a form of identification to verify your identity, in connection with our Services.
Neither we (nor any of our authorised representatives) will be liable for any charges or other damages or loss arising in connection with any incorrect information provided by you.
This Website aims to provide you with clear and succinct information. However, if you misinterpret such information, we are not liable in any way for any such misinterpretation. Please contact us if you need to clarify something.
We endeavour to begin working on your registration applications immediately after you have submitted them to us. For this purpose, you authorise us (through our business division Businessname.com.au) or our nominated representative to act as:
1. your ASIC registered agent on your behalf, in your application for a Business Name;
2. your registered tax agent on your behalf, in your application for an ABN, if relevant; and
3. your agent in dealing with the domain name registrar in your application for a domain name, if relevant.
Business Name registration services
1. Business Name availability checks carried out via the Business Name application form on the Website are dependent on the ASIC business names register (ASIC Register). We are not responsible for any errors or omissions on the ASIC Register or if the ASIC Register or its system is experiencing technical issues, such as downtime or maintenance.
2. Submission of a Business Name application through the Website does not guarantee that you will successfully obtain the registration of that Business Name. We do not make any warranties as to the registrability of your Business Name.
3. If your Business Name is not available to you on carrying out the availability check on the Business Name application form, your application will not proceed for that Business Name.
4. An ABN must be obtained before a person can register a Business Name. If you do not obtain an ABN, then we may not be able to successfully register a Business Name on your behalf.
5. If the ASIC Register is not available for any reason, we can manually file your Business Name application. If we file your Business Name application manually in such instances, we would be unable to check the ASIC Register to ascertain if your Business Name is available. If your chosen Business Name is unavailable you can either:
  1. choose another business name; or
  2. obtain a full refund of your application fees from us, less the $33.85 administration and handling fee (Administration Charge).
6. If you do not make the election referred to in paragraph 5(g)(v) above, within 10 days of us notifying you that your Business Name is unavailable, we will just provide you with the refund referred to in paragraph 5(g)(v)(B)
7. If your Business Name needs to be reviewed manually by ASIC, then this may delay the registration of your Business Name or result in your Business Name not being successfully registered.
8. The Business Name availability check on the ASIC Register is carried out on the date that you submit your Business Name application to us.
9. We try to submit your Business Name application to ASIC as soon as possible after receipt of your Business Name application. If, for any reason, your chosen Business Name is no longer available to you when we submit your Business Name application, we will notify you as soon as possible so that you can select a different Business Name. We are not liable for any direct or indirect loss, costs or damage incurred or suffered by you due to your chosen Business Name not being available for registration.
10. Registration of a Business Name does not prevent third parties from:
  1. registering a trade mark identical or similar to your Business Name; or
  2. registering a company or business name, which is similar to your Business Name; or
  3. using an identical or similar name as an unregistered trade mark.
11. If your Business Name application is rejected or queried by ASIC for any reason, we will contact ASIC on your behalf and attempt to resolve any application problems that may have arisen. We will then advise you of the reason that your application has been rejected and offer possible solutions where it is practicable to do so.
12. If your application requires manual review by ASIC, we may need further evidence of your right to use certain terms. If you do not provide the requested information within the relevant time period, as notified by us, then your Business Name application may be discontinued.
13. To seek a review of a decision by ASIC, an objection must be lodged with ASIC within 28 days of the date of the notice from ASIC.
14. While we will try to overcome objections on your behalf, we do not make any warranty or guarantee that we will be able to do so. If your objection is not successful, we will cancel your Business Name application and refund your application fee in full.
Business Name renewal services
1. We will send you an automated notification (Renewal Notification) to renew any Business Names registered through the Website prior to the expiry date of your Business Name.
2. The Renewal Notification will be sent to the email address or phone number provided by you in your Business Name application form. If your contact details change, you are responsible to notify us of such changes.
3. It is your responsibility to renew your Business Name and we are not liable for any loss or damage suffered by you due to your failure to renew your Business Name or if you do not receive the Renewal Notification from us. We recommend that you also diarise your Business Name renewal date.
ABN registration services
1. As part of our registered tax agent services, we will communicate with the ATO on your behalf, using both electronic and telephone communications to process your application.
2. If we cannot arrange for your ABN registration application to be processed by the ATO immediately through our electronic system, we will review your application and manually apply for an ABN on your behalf. In certain circumstances, for a small number of clients, and based on the specifics of an individual's application, the ATO stipulates that we must wait up to 28 days from the date that the application is lodged before contacting it to resolve the issue.
3. If your application is placed under review by the ATO, it may notify you directly by post to the address listed in your application. This usually occurs within 14 days of the date that we file an application on your behalf.
4. The ATO may reject your application for any number of reasons including, but are not limited to:
  1. the information supplied does not match exactly with information the ATO has on record;
  2. you already have, had or previously applied for, an ABN in the past; or
  3. the ATO is experiencing system processing issues, such as system downtime or maintenance.
5. If your application is rejected by the ATO, we will contact you to discuss other options to establish your business. If you choose not to proceed, we will cancel your ABN application and provide you with a full refund less the Administration Charge.
6. If you apply for a Business Name and ABN together and if your ABN is refused, then we will cancel both your ABN and Business Name applications.
7. As soon as we have secured your Business Name and, if relevant, your ABN, we will advise you.
Domain name registration services
1. We are a domain name reseller of Aussie HQ.
2. Once your domain name registration application is submitted by us to the Reseller, you cannot modify or alter your domain name application.
3. Your eligibility for and registration and use of your domain name is subject to terms and conditions of use of the relevant domain name authority (such as auDA) as well as the Registrar's terms. We do not refund any fees if you do not meet obligations with respect to your domain name or if your domain name ceases to be registered for any reason.
Australian Trade marks
1. You agree to appoint us as your agent to act on your behalf and to deliver the trade mark prosecution services for your selected trade mark(s) (Trade Mark Services) directly to you.
2. You consent to provide us your personal information (and, where relevant, you confirm that you have obtained the consent of any co-applicants for your selected trade mark(s) to provide their personal information) in connection with the Trade Mark Services for the purpose of providing the Trade Mark Services to you.
3. Your eligibility for and registration and use of your selected trade mark(s) is subject to:
  1. your selected trade mark(s') availability and registrability under the Trade Marks Act 1995 (Cth) and any other relevant legislation; and
  2. any terms and conditions of IP Australia.
4. We do not provide pre-application searches to check the availability of your selected trade mark for use and registration. If you wish to obtain such searches, you should obtain legal advice from a lawyer or trade marks attorney.
5. If an application for a trade mark is not accepted by IP Australia for any reason, you will receive a written Examination Report from IP Australia (Examination Report) explaining the issues and the options to try overcome the objections, if any. Typically you will have 15 months to consider and respond to this report.
6. If an Examination Report issues we will provide you with options to address the issues raised.
7. You acknowledge and agree that:
  1. we are not a law firm and do not provide legal advice to you in connection with the Trade Mark Services;
  2. you are responsible for obtaining legal advice relating to the availability for use and registration of your selected trade mark(s);
  3. you are responsible for selecting the relevant goods and services for your trade mark application and we do not provide any advice with respect to the correct goods or services for your trade mark application as part of our trade mark application fee. If required, you can obtain advice from a legal advisor directly on goods or services for your trade mark application(s);
  4. once a standard trade mark application has been filed with IP Australia, it is not possible to change the trade mark itself or expand on the goods or services covered by the trade mark application;
  5. filing a trade mark application, through the Trade Mark Services, may not result in successful registration of your selected trade mark(s);
  6. third parties may oppose your trade mark application or claim trade mark infringement or make other clams with respect to your use and registration of your selected trade mark(s);
  7. if you do not overcome issues raised in an Examination Report, within the relevant timeframe, or a third party successfully opposes the application for your selected trade mark(s), your trade mark application(s) will lapse.
8. Timeframes we provide for the performance of the Trade Mark Services are good faith estimates only. We will use reasonable endeavours to comply with such timeframes. You acknowledge that compliance with timeframes depends on a number of factors, including activities undertaken by IP Australia.
9. Once registered, it is your responsibility to renew your trade mark registration at the appropriate time. We do not provide trade mark renewal services, nor do we advise clients when their trade marks are due for renewal. You should diarise the renewal date for your trade mark once it becomes registered.
10. Honcho is not a law firm and does not, under any circumstances, provide legal advice regarding trade mark registrability, opposition, infringement or other related issues. It is your responsibility to obtain independent legal advice before seeking to file and register a trade mark through the Trade Mark Services.
11. We are not liable for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption or indirect costs) suffered by you arising from, as a result of, or otherwise in connection with the Trade Mark Services (other than as a result of our breach of these Terms).

Fees and charges

Fees
1. Unless otherwise specified in these Terms, any fees and charges payable to us must be paid by you on submission of the Business Name registration application or renewal form or your ABN registration application form. Your registration application or renewal form will not be successfully submitted until you pay all relevant fees and charges.
2. Unless otherwise stated, all fees and charges are in Australian dollars.
3. The fees are inclusive of goods and services tax (GST) where applicable.
Refunds
1. To the extent permitted by law, we do not provide any refund of fees paid in connection with the Services except as stated in these Terms, including:
  1. if you notify us that you would like to withdraw your application for a Business Name or ABN before we have initiated the registration process. In such circumstances, we may provide you with a full refund less the Administration Charge. However, as our services are automated and synchronise in real time with the relevant Commonwealth government agency, we generally commence our Services as soon as you complete your application and pay the application fee. The decision whether to provide you with a refund under such circumstances is entirely at our own discretion; or
  2. if an ABN application has been submitted and put on hold and not issued and you then want to withdraw your application, we may provide you with a partial refund of 50% of the ABN application fee, at our discretion.
2. If we receive any refund from ASIC with respect to any charges paid by you, we will notify you immediately and will refund such money to your chosen account as soon as possible.
3. We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Terms.

Accuracy of information

We are providing this Website and the Content on an “as is” basis. While we try to keep the information on the Website as accurate, complete and up to date as possible, we do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency of any of the Content, contained in or distributed through, or linked, downloaded or accessed from this Website or the results obtained from using this Website.

Availability of the Website

While we try to ensure that the Website, including the Content, functionality, performance and features are available continuously, we do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Website or the related server are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
We may suspend your access to the Website without prior notice due to maintenance, system failure, repair or any other reason beyond our control.

Privacy

Our Privacy Policy, which forms part of these Terms, applies to any personal information collected by us from users of the Website.

Indemnity

You indemnify us (including our officers, directors, agents, subsidiaries and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using our Services, including your registration and use of a Business Name, ABN or domain name obtained via the Services.

Limitation of liability

Your use of this Website is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any Content available on or through this Website.
Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
1. we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and
2. all implied conditions, guarantees, warranties and rights are excluded.
We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, this Website and the Services. Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (ACL).
Subject to the provisions of clauses 11(b) and 11(c) of these Terms, and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of this Website, the Services or the Content, including but not limited to:
1. any loss or claim relating to your registration and use of the Business Name, ABN or domain name obtained through the Website; or
2. if caused by any computer virus including a virus passed from this Website to your computer or other device or any third party computer, or loss of online connection to this Website, the Services or the Content, or interruption to access to this Website, the Services or the Content.
You are responsible for ensuring that your Business Name or domain name does not infringe any third party's registered trade mark or breach the ACL or amount to passing off with respect to a third party's rights. We are not liable to you or to any third party in connection with any claims in respect of breach of any legislation or common law rights relating to your registration and use of the Business Name or your domain name.
Any reliance you place on, or any act done based on or in response to, the Content or this Website will be at your own risk. You indemnify us against any loss or damage of any kind suffered by you in relying on the Content or this Website.

Third Party Sites

We may provide links to other websites which are not under our control or maintained by us (Third Party Sites).
We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such Third Party Sites.
Any link to a Third Party Site does not imply that:
1. the Third Party Site is in any way affiliated with us;
2. the Third Party Site is legally authorised to use our trade marks, trade names, logos or copyright; or
3. we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Site.
We take no responsibility for any Third Party Site accessed via the Website. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Site.
If you decide to link to a Third Party Site, you leave our Website at your own risk.

Termination

We reserve the right to immediately terminate your access to all or any part of this Website, the Content or the Services if you breach any of these Terms.
We may otherwise terminate your access to this Website, the Content or the Services upon reasonable notice, which will not be less than 7 days.

Modification to Terms

We may amend these Terms and any of our other policies relating to the Website, at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website or as otherwise notified.
You are responsible for reviewing these Terms regularly. Continued use of this Website and our Services after any such amendments constitutes your consent to such amendments.

General

These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.
If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect.
These Terms record the entire agreement between you and us in relation to your use of this Website, the Content and the Services.