this website http://businessname.com.au (Website) provided by Business Switch
Pty Ltd (ACN 134 235 304) (we, us or our); and
the Australian Business Name (Business Name) registration and renewal services,
Australian Business Number (ABN) and domain name registration services
(Services) provided through the Website.
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
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
You agree that you will not:
alter or remove any copyright, trade mark or other proprietary notice of ours or of any
other company or person on the Website;
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;
to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any
software used in connection with this Website;
create any links from any other website to this Website without our express prior
use any Content on the Website for any commercial purpose;
use any robot, spider, other automatic device or manual process to monitor or copy any
Content without our prior written consent;
use any device, software or routine to interfere or attempt to interfere with the proper
working of this Website; or
take any action that imposes an unreasonable load on the Website's infrastructure.
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.
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
We may at any time request a form of identification to verify your identity, in connection with
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:
your ASIC registered agent on your behalf, in your application for a Business Name;
your registered tax agent on your behalf, in your application for an ABN, if relevant;
your agent in dealing with the domain name registrar in your application for a domain
name, if relevant.
Business Name registration services
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
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.
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
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.
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:
choose another business name; or
obtain a full refund of your application fees from us, less the $33.85
administration and handling fee (Administration Charge).
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)
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
The Business Name availability check on the ASIC Register is carried out on the date
that you submit your Business Name application to us.
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.
Registration of a Business Name does not prevent third parties from:
registering a trade mark identical or similar to your Business Name; or
registering a company or business name, which is similar to your Business Name;
using an identical or similar name as an unregistered trade mark.
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.
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
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.
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
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
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.
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
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.
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
and based on the specifics of an individual's application, the ATO stipulates that we
wait up to 28 days from the date that the application is lodged before contacting it to
resolve the issue.
If your application is placed under review by the ATO, it may notify you directly by
to the address listed in your application. This usually occurs within 14 days of the
that we file an application on your behalf.
The ATO may reject your application for any number of reasons including, but are not
the information supplied does not match exactly with information the ATO has on
you already have, had or previously applied for, an ABN in the past; or
the ATO is experiencing system processing issues, such as system downtime or
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
and provide you with a full refund less the Administration Charge.
If you apply for a Business Name and ABN together and if your ABN is refused, then we
cancel both your ABN and Business Name applications.
As soon as we have secured your Business Name and, if relevant, your ABN, we will advise
Domain name registration services
We are a domain name reseller of Aussie HQ.
Once your domain name registration application is submitted by us to the Reseller, you cannot modify or
alter your domain name application.
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
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.
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.
We provide no warranties, express or implied, in connection with the Trade Mark Services, nor are we
responsible for any act or omission providing the Trade Mark Services to you.
Your eligibility for and registration and use of your selected trade mark(s) is subject to:
your selected trade mark(s') availability and registrability under the Trade Marks Act 1995 (Cth)
and any other relevant legislation; and
any terms and conditions of IP Australia.
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
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
If an Examination Report issues we will provide you with options to address the issues raised.
You acknowledge and agree that:
we are not a law firm and do not provide legal advice to you in connection with the Trade Mark
you are responsible for obtaining legal advice relating to the availability for use and registration
of your selected trade mark(s);
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);
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
filing a trade mark application, through the Trade Mark Services, may not result in successful
registration of your selected trade mark(s);
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);
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.
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.
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.
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.
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
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.
Unless otherwise stated, all fees and charges are in Australian dollars.
The fees are inclusive of goods and services tax (GST) where applicable.
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:
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
However, as our services are automated and synchronise in real time with the
Commonwealth government agency, we generally commence our Services as soon as
complete your application and pay the application fee. The decision whether to
you with a refund under such circumstances is entirely at our own discretion; or
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.
If we receive any refund from ASIC with respect to any charges paid by you, we will
you immediately and will refund such money to your chosen account as soon as possible.
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
bugs or other harmful applications or interference. You are responsible for implementing
procedures and virus checks to satisfy your own requirements.
We may suspend your access to the Website without prior notice due to maintenance, system
repair or any other reason beyond our control.
applies to any personal
information collected by us from users of the Website.
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
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:
we give no warranties, and you have no other rights, apart from those expressly set out
in these Terms; and
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,
but not limited to:
any loss or claim relating to your registration and use of the Business Name, ABN or
name obtained through the Website; or
if caused by any computer virus including a virus passed from this Website to your
or other device or any third party computer, or loss of online connection to this
the Services or the Content, or interruption to access to this Website, the Services or
You are responsible for ensuring that your Business Name or domain name does not infringe any
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
will be at your own risk. You indemnify us against any loss or damage of any kind suffered by
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:
the Third Party Site is in any way affiliated with us;
the Third Party Site is legally authorised to use our trade marks, trade names, logos
or copyright; or
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
Third Party Site.
If you decide to link to a Third Party Site, you leave our Website at your own risk.
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
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.
These Terms are governed by the laws of New South Wales, Australia. You submit to the
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
These Terms record the entire agreement between you and us in relation to your use of this
the Content and the Services.