PLEASE READ AND REVIEW THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT ACCEPT THE AGREEMENT, PLEASE DO NOT USE THE SITE.
The terms of this Agreement apply to the web site of Office Freylinger S.A., société anonyme (hereinafter “Office Freylinger”).
Postal address: P.O. Box 48, L-8001 Strassen (Grand-Duchy of Luxembourg)
Office Freylinger reserves itself the right to change the Agreement anytime and the use of the Site will be submitted to the most recent Agreement, available on the Site at the moment of the use.
All services provided by Office Freylinger are conducted by patent and trademark attorneys authorised to practice before the trademark offices.
1. Prior definitions
For all the intents and purposes of this Agreement, the following definitions will apply:
Agreement is the present AGREEMENT ON THE TERMS AND CONDITIONS OF USE.
The present website that has the mission of promoting the intellectual property services, including patents, trademarks and designs, as well as other IP related services offered by Office Freylinger.
Lawyer is the attorney or firm of attorneys in charge of the services requested by you within the Territory and acting in the ordinary course of its business Contracting Parties are you and Office Freylinger. Office Freylinger is responsible for all services requested by you.
Charge is the amount of money, in the currency specified in each case, that you must pay in the Site in order to receive the contracted service.
Power of Attorney is the written and legalized authorization that you delivers to Office Freylinger and to the Lawyer so they perform all the actions required to register the Trademark on behalf of the Titleholder.
Service Request is the form that you should fill out on the Site with the data therein required for Office Freylinger and the Lawyer to render a specified service.
Specific Contract is the agreement whereby the Office Freylinger commits to you to perform the services requested from Office Freylinger through a specific Request for Service contained in the Web Page. The User in turn commits to deliver all the information therein required together with the payment of the Charge for the requested service.
Titleholder is the owner of the Patent, Trademark, Registered Design or Domain Name that he/she/it wishes to register and that identifies him-/her-/itself as such in the Registration Request for Patent, Trademark, Registered Design or the Registration Request for Domain Name. The Titleholder may be a natural or legal person and act by him-/her-/itself or through his/her/its representative.
You are the Titleholder or his/her/its representative, identified as such by accessing the Site and you are responsible of delivering all the information in each of the Site Service Application Forms. It is understood that you, when being a representative, are expressly authorized by the Titleholder to deliver this information in the Site. Office Freylinger will maintain its communications with you.
Registration Authority is the Governmental Authority of the country where the Lawyer requests and files the trademark registration.
The Site is the site www.Freylinger.com, in which services related to the Registration of Trademarks are offered.
Territory, it comprises the country territory on which the Lawyer will exclusively render the services requested by you through the Site.
2. Information provided
The information published on the current site shall be considered as commercial communication in the sense of the law of 14 August 2000 on electronic commerce. By accessing the website, all users accept in advance any communication of a commercial nature that they receive from Office Freylinger or its related partnerships or corporations via the site or electronic mail.
The information available at this Site was prepared on the basis of publicly available information, internally developed data and other sources believed to be reliable. This information is subject to change without notice. Reasonable care has been taken to ensure that the materials are accurate and that the opinions stated are fair and reasonable. All opinions and estimates constitute our judgment as of publication and do not constitute general or specific legal advice. Products and services may not be available to or suitable for you. The information on this Site is provided with the understanding that the authors, publishers and Office Freylinger are not herein engaged in rendering legal or other professional advice and services. As such, it should not be used as a substitute for consultation with professional legal advisers. You may wish to consult us to obtain a specific information or proposal concerning your situation and legal obligations and risks before making any decision.
The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, Office Freylinger does not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses.
3. Limitation of liability
The present limitation of liability is made for the benefit of Office Freylinger and Office Freylinger’s related partnerships or corporations, or the partners, agents or employees thereof.
a. General limitation of liability
The visitors access the Site through the communication network of Internet. They declare to be aware of the risks and to accept them. Office Freylinger cannot be held liable for any damages incurred by the visitor during or after browsing the Site.
All internet users are reminded that they must take appropriate steps to protect data and/or software from virus attacks.
Office Freylinger reserves itself the right to stop at anytime all or partial supply of information.
Although it is intended that this site should provide accurate and timely information which has been obtained from sources that are considered reliable, its content may not be accurate, complete or current and might contain technical inaccuracies or typographical errors. Office Freylinger strives to limit to the most extent possible any inconveniences caused by errors. Office Freylinger declines any responsibility about problems which may arise from the use of the Site.
The information contained in this Site is not to be considered as creating an attorney-client relationship and can not be used for any other purposes than for general information. This information shall not be taken as an official source of information or as a substitute for professional advice, so that it is strongly recommended to the visitor to check the content on his own. Before undertaking any action or refraining from acting based on any information contained in this Site, it is strongly recommended to seek professional advice.
Neither Office Freylinger nor any of its agents or sub-contractors, to the fullest extent permitted by applicable law and/or regulation, shall be liable under any circumstances for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, claims or demands, including lost profits, even if Office Freylinger is advised of the possibility thereof or had reason to know of the possibility of such damages, claim or demand, arising in any way from, including but not limited to:
- Any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of this site,
- The information provided on or via this site,
- The interception modification or misuse of information transmitted to Office Freylinger or transmitted to you,
- The misuse of this site,
- The functioning or non-availability of this site,
- The loss of data,
- Downloading or use of any software made available by this site, or
- Claims of third parties in connection with the use of this site.
Office Freylinger also hereby expressly disclaims all warranties, express, statutory or implied, regarding this Site and its contents, including but not limited to all warranties of merchantability, non-infringement, fitness for a particular purpose or use and all warranties arising from course of performance, course of dealing and/or usage of trade or their equivalents under the applicable laws and/regulations of any jurisdiction.
b. Services rendered through the Site
Office Freylinger is only responsible for rendering the services for which it has been contracted through the Site.
Office Freylinger and the Lawyer take upon no responsibility in the event that a Trademark is not admitted for registration. You accept ab initio that any objection, opposition, or rejection that prevents the further processing of the registration request, is not the responsibility of the Office Freylinger, its directors, its employees, and its Lawyers, and hereby waives any indemnification.
Office Freylinger and the Lawyer are obligated to render the requested service after:
(i) it has received from you the information required in the respective Request for Service contained in the Site
(ii) payment of the respective charge, and
(iii) the Power of Attorney, in such cases where this is necessary.
All the actions taken by Office Freylinger and the Lawyer will be performed according to the information delivered by the User. To such effect, Office Freylinger and the Lawyer will not accept any responsibility if such information infringes any third party rights or contains errors or omissions. You are absolutely responsible for the data delivered in any Request for Service available in the Site whether recommended or not by Office Freylinger. You declare that by virtue of filling out the form of any Request for Service on the Site you guarantee to Office Freylinger that all the information supplied in them is true and based on the principles of mercantile bona fide and further guarantees that you know this Agreement in its entirety as well as the remaining contracts associated with it.
The surveillance service and the search service for Patents, Trademarks, Registered Designs and/or Domain Names may contain errors or omissions derived from the information available in the data banks, whether proprietary or not, of the Registration Authority or of the Registration Administration which may themselves contain errors or omissions. You releases any such responsibility on Office Freylinger or its Lawyers waiving any claim for indemnification due to error or because the information is incomplete, or because of the recommendations and propositions that Office Freylinger made according to this information.
Upon submittal of the Service Request and if you are not the Titleholder, you certify that you are authorized by the Titleholder to request the services and bind him/her/it according to the terms of this Contract.
You are responsible to contract in the Site, within the deadlines established by Office Freylinger, the legal services in case of objections, oppositions, and refusals in the processing of the Request for Service. You must be aware that the deadlines are binding, that is, that if the required action is not complied with within the prescribed term, the right for a cause of action is relinquished, what normally leads to the loss of the registration request and/or other rights. You must provide and cooperate, during the processing of the Request for Service in an integral, complete and opportune manner, delivering precise and trustworthy information, and responding to the requirements for information requested by Office Freylinger within the terms for reply that Office Freylinger indicates.
You by means of this Agreement, declare that you are wholly responsible for any claim, procedure, damage, injury, loss, or cost that may arise from, or that is related to your deeds.
YOU and you alone are responsible for the search terms and criteria entered into each online search you perform. It is your obligation to submit your online request. The search results contained in the trademark search report apply only to the exact name searched. The data contained in your trademark search results is for information purposes only, and does not constitute individual legal advice. Your review of the results does not establish any form of attorney-client relationship. Reasonable steps are taken to ensure the accuracy and completeness of a trademark search report. We cannot, however, verify that every possible identical or substantially similar mark to that which you have requested will be found in our search or named in the trademark search report. A variety of factors can lead to the incompleteness of a report, including, but not limited to the following:
(1) incomplete records;
(2) inaccurate records;
(3) records that have not been updated; and
(4) human and/or computer error. These records can be from any of the sources that we utilize to complete a report.
4. Copyright and reproduction notice
The Site, jointly with all its contents, including its layout, is governed by the intellectual property law, particularly the law on copyrights and trademarks. Any program, publication, design, product, process, software, technology, information, know-how, or idea described in this document may be the subject of other rights, including other intellectual property rights, which are owned by Office Freylinger, its related partnerships or corporations or other interested parties and are not licensed to you hereunder.
Office Freylinger, or the relevant owner, does not provide any license, authorization, user right, acceptance or any other right or title linked to the intellectual property it owns in the Site or its contents. Any reproduction or representation, in whole or in part, of these pages, data and any other element which is part of the site, by whatever process or tool, any transmission (by electronic means or otherwise), any modification, any use or creation of a link to the whole or part of the site for public or commercial purposes are accordingly forbidden without the prior written consent of Office Freylinger.
Except stated to the contrary, the visitor is allowed to read, download and print documents and information under the following conditions:
- The documents and information can not be changed in whatever way, and
- The documents can not be reproduced apart from the Site.
The rights implicitly or explicitly granted to the visitor are an authorization of use and, in no case, shall constitute a transfer of rights, property or another transfer or creation of rights, titles or tolerances, in relation to the Site.
In the event of any conflict between the terms and conditions of specific products and services and this Agreement, the conditions specific to such products and services shall prevail.
5. Linked sites
Office Freylinger does not systematically reviewed the content of its linked sites and has not verified the truth, accuracy, reasonability, reliability or availability of these sites. Office Freylinger is not responsible for the content presented on other Internet sites, neither for their lawfulness nor for the accuracy of the information contained therein. It is your responsibility to ensure that you meet the criteria required to access such websites.
6. Privacy Statement
Office Freylinger will provide a password to you or a personal access keyword, to access your customer account. You will be responsible for the custody and nondisclosure of this password as well as of its use.
Users of the current website are informed that their personal data may be used by Office Freylinger, its related partnerships or corporations or other interested parties and automatically processed. The identifying data that you may submit to the Site (The Data) will be treated in accordance with the Luxembourg law of August 2nd, 2002 on private data protection and the Luxembourg Law of 31 March 1979 regulating the use of personal data in computer programmes.
Your IP address may be automatically registered with the system, for functional reasons. This does not identify you personally and you remain anonymous unless you have voluntarily provided identifying data.
It may occur that you are requested to provide certain Data such as your name, your mailing address, your e-mail address, and other data such as your country, area as well as any other information requested via a specific form.
Personal data may be temporarily stored in the memory or registered on your own computer equipment for purposes of facilitating navigation on the site (cookies). You authorise Office Freylinger or its related partnerships or corporations to act accordingly.
The Data will not be communicated to non-authorized third parties and will only be collected to allow you the use of various tools with informative purpose and for the establishment of statistics or trends. The Data will not be used for any other purposes than the indicated and will not be kept within our systems beyond the necessary timeframe to achieve this goal. Submitting Data is optional but some tools of the Site can only work if the Data is provided.
Office Freylinger will take all possible measures in order to secure the Data. However, it cannot eliminate all the risks related to the use of the Internet. Thus, at the time of submitting the Data, you must be aware that other users of the Internet can possibly manage to visualize the Data.
Further to the law on private data protection, you are allowed to access, modify or to oppose yourself to any processing or your Data. To use that right, you may contact Office Freylinger per mail at the following address:
Po Box: B.P 48, L-8001 Strassen (Grand-Duchy of Luxembourg)
Email address: contact@Freylinger.com
7. Online Communication
Messages that you send to Office Freylinger or its related partnerships or corporations by email may not be secure. Office Freylinger recommends that you do not send any confidential information to Office Freylinger by email. If you choose to send any messages to Office Freylinger or its related partnerships or corporations via email, you accept the risk that they may be intercepted, misused or modified by a third party. Furthermore, and if such even occurs, you agree to release Office Freylinger or its related partnerships or corporations from its secrecy obligations.
Access to the site is free, and excludes the costs of Internet access by Internet providers and telephone communication, which is billed directly to the client by the operator.
The Charges for the different services of the Site are those in force at the time of your payment.
As consideration for the services requested, you agree to pay Office Freylinger applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to:
(1) provide certain current, complete and accurate information as required by the registration process and
(2) maintain and this information updated as needed to keep it current, complete and accurate.
Office Freylinger will not return the Charge paid for errors or omissions made by you including, but not limited to, a breach in the terms of this Agreement and the delivery of incorrect information when submitting any Request for Service, or the incorrect modification of necessary information for the processing thereof.
You accept and declare that if you don’t contract certain services within the term required by Office Freylinger it will be assumed ipso jure that you relinquish your interest in pursuing the processing of the respective Request for Service, therefore terminating the Specific Contract without any refund of money whatsoever by Office Freylinger.
9. Security in payments
Credit card payments will be processed through the credit card processing company cetrel (www.cetrel.lu). This company has high-security measures in order to protect losses of information, misuse, or alteration of information. The site owns secure servers and all the personal information is totally encrypted during the transaction.
All wire payments are accepted.
10. General dispositions
The delays and errors resulting from force majeure will not be considered a breach of services of Office Freylinger or the Lawyer, including, but not limited to, problems arising from elements of nature, fires, acts of war, national security attacks, coups d’etat, or interruptions in the Site derived from major technical problems as determined by Office Freylinger.
Office Freylinger may terminate this Agreement, the Contract, and the authorization to you to use this Site from the moment you cease to comply with your obligations with Office Freylinger Any inaccurate information given by you will be a cause for termination of this Agreement or if you refuse to update or deliver the requested information, or when you don’t provide instructions within the terms required by Office Freylinger to continue processing of the contracted services.
All communications between the parties will be via e-mail or fax and to the addresses of the contracting parties, unless otherwise required by legal or practical requirements and previously agreed between the Contracting Parties.
Office Freylinger reserves the right, without expression of cause, to reject any request for service.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
In the event that any of the provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You agree that this Agreement amounts to the complete and exclusive agreement between you and Office Freylinger. This Agreement supersedes any prior agreements and understandings, whether oral or written and whether established by custom, practice, policy or precedent.
11. Applicable law
Any dispute in connection with the use of the Site is governed by the laws of Luxembourg.
Office Freylinger and its related partnerships or corporations undertake to respect all Luxembourg laws and regulations applicable to the use of an Internet site.
All litigation with respect to the current site shall be submitted to the exclusive jurisdiction of the district court in and of Luxembourg. Any access to this site shall be considered to have taken place at the operating office of Office Freylinger at the date and time shown on the Office Freylinger server, with the log of connections serving as proof of this.
In the event of a discrepancy or difference in interpretation between various language versions of this Agreement, the English language version shall prevail.
Each party shall pay its own costs and expenses of litigation.