These terms and conditions (these “T&C”) govern the provision and use of https://iconicr.com/hk (the “Website”) and any information and services provided through it and the Engagement (as defined below).
Until further notice by RLA (as defined below), the Website is in beta test form and all online order is subject to confirmation with authorized signature by RLA. By using or accessing the Website, you agree that use of the Website is at your own risk and RLA disclaims all liability related to any content, information, service order and any other materials not endorsed by RLA with authorised signature. RLA will only charge you for the amount as confirmed by RLA with authorized signature. The fees listed on the Website in beta test form are indicative only and are subject to RLA’s confirmation with authorized signature. For online order placed on the Website in beta test form, RLA may refund (subject to our reasonable discretion) on any fees paid by you inconsistent with our fee schedules as provided in the Frequently Asked Question (FAQ) section. Please email RLA at payment.hk@iconicr.com for such refund request and any such refund will be processed within 30 working days from the date of request. These T&C are subject to the foregoing terms and are varied thereby mutatis mutandis. |
By using or accessing the Website and/or confirming the Engagement, you have confirmed that you have read, understood, accepted and agreed to be legally bound by these T&C.
1 Proprietary Right
1.1 All contents on the Website are protected by the Copyright Laws in respective countries. Material published on the Website is the Intellectual Property of RLA IP PROFESSIONAL SERVICES LIMITED (“RLA”). Reproduction of material published on the Website is prohibited without any written permission from RLA.
RLA does not claim ownership of any information, content, materials, data, representations and/or supporting materials, created, uploaded or stored by you on RLA’s server. You hereby grant permission to RLA to use, disclose and/or copy your material in connection with providing services to you.
1.3 You acknowledge and agree that RLA has no liability in maintaining any information, content, materials, data, representations and/or supporting materials, created, uploaded or stored by you on RLA’s server.
2 Scope of work
The scope of work (“Work”) refers to your instruction to engage RLA with your order, which will be confirmed by RLA following your complete payment in a confirmation of order. You understand and agree that you are only engaging RLA for the Work detailed in service request form(s). RLA is not obligated to perform any additional services relating to the Work that it has not agreed to, including but not limited to office action responses, procurement and renewal, until those additional services are agreed by both you and RLA.
Any variation in the Work will be agreed with you first and may require additional fees.
For provision of the Work (the “Engagement”), RLA will necessarily be relying upon information and material provided by you. RLA will not seek to establish the reliability of those information and material. RLA will, however, satisfy itself, so far as possible, that the information presented is consistent with other information which is made available to it in the course of the Work in accordance with the terms of these T&C.
The Work which RLA will be carrying out under the Engagement will not be any guarantee of outcome; nor, procuring governmental approval and registration; and consequently RLA will not be able to express any opinion on the foregoing.
3 Timetable
3.1 An estimate of time covering the completion of Work under the Engagement may be provided to you. All such estimate of time is for reference only, and RLA will with its best reasonable efforts meet the estimate of time and will not be liable for any failure to meet any such estimate of time for any reason whatsoever.
3.2 RLA will not be held responsible if information and material is not provided by you within the timescale and as a result RLA is unable to carry out the Work under the Engagement within the timeframe set by you. RLA will with its best reasonable efforts report to you regularly on the progress in carrying out the services and in particular in respect of any problems faced in obtaining the necessary information.
4 Links
4.1 The links on the Website and any of its functions or services available through it may take you to other sites and you acknowledge and agree that RLA has no responsibility for the accuracy or availability of any information provided by linked websites. Links to other websites do not constitute an endorsement by RLA of such websites or the information, products, advertising or other materials available on those websites.
5 Fees and Payment
5.1 Payment
5.1.1 The Website may (but is not obliged to) from time to time accept online payment (“Online Payment”) from you. The Online Payment services of the Website may from time to time support such Online Payment functionality and third-party payment gateways as RLA at its sole and absolute discretion considers appropriate.
5.1.2 By using the Online Payment services, you warrant and represent that your credit card or other means used for Online Payment is lawfully owned and used by you.
5.1.3 You understand and agree that time is of the essence in all service requests, any late payment may render your application and/or registration with the government. Unless with prior mutual agreement in writing, RLA will only provide services on cost on account basis. RLA may set a deadline for payment for services. RLA shall in no way be liable or responsible if you fail to pay to RLA before the deadline set by RLA.
5.2 Fees
5.2.1 The fees listed on the Website are estimates only and may vary due to factors such as currency fluctuations and policy changes, including but not limited to changes of official fees by the government. RLA reserves its right to change the fees from time to time and will use its best reasonable efforts to give prior notice if possible.
5.2.2 Additional fees may be incurred if there is any late filing, request for extension of time, or other requests.
5.2.3 If applicable, for preparing responses to office actions, RLA will charge you on a case-by-case basis and will inform you of the fees for each particular office action. RLA will not charge you any additional fees without first obtaining your consent.
5.2.4 Disbursements such as translation fees and bank charges (if applicable) may be billed on actual incurrence basis.
5.2.5 For users who engage RLA for trademark preliminary advice and search: though RLA will make reasonable efforts to find any potential trademark conflicts, this does not guarantee that a trademark conflict does not exist. RLA does not use any specialized search engines or databases to perform its conflict searches.
5.2.6 For users who engage RLA for any trademark services: subject to RLA’s review, additional charges may incur due to charges for additional classes required for registration. RLA will inform you if any such additional class fees are required and only charge you upon your instruction.
5.2.7 RLA may, at its absolute and sole discretion, from time to time, offer promotions on the Website. You shall refer to the specific terms and conditions stated with each promotional offer.
5.2.8 The fees listed on the Website are exclusive of tax, sales and service tax (if any), which will be additionally charged in accordance with applicable laws.
6 Refund
6.1 RLA strives for 100% satisfaction from you for its services. Please contact RLA immediately if there has been any technical error on the Website or with your billing to allow RLA to resolve your problem.
6.2 You shall carefully review all details of your order before proceeding to payment. All fees paid shall not be refunded or shall be subject to any other arrangement(s) as RLA at its sole and absolute discretion considers appropriate.
7 Rules of conduct
As a condition of your access or use of the Website, you shall not :
7.1 modify, disassemble, decompile, or reverse engineer the Website;
7.2 make any copies of the Website;
7.3 post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable laws or regulations;
7.4 post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
7.5 post or transmit any Information or software which contains any virus, Trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information obtained through any of the Website and any of its functions or services available through it in any manner or for any purposes except as expressly permitted under these T&C; or
7.6 upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through any of the Website and any of its functions or services available through it which is protected by copyright, or other proprietary rights, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right-holder.
8 Indemnification and limitation of liability
8.1 You agree to defend, indemnify and hold RLA harmless from and against all liabilities, losses and damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your (i) breach of any of these T&C; (ii) use or access the Website; (iii) receipt and use of the information therefrom; (iv) Engagement; and (v) negligence, tortious, illegal or unauthorized conduct or any other act or omission related to the foregoing.
8.2 The Website, and any services, information, and materials provided or available through it and provided by RLA from time to time will be on an “as-is” and “as-available” basis and no representation or warranty whatsoever has been or will be given by RLA. As such, you have agreed that: (i) there are no representations, undertakings, warranties or guarantees by RLA as to any aspect thereof, including but not limited to their quality, standard, function and availability; and (ii) there is no assurance that such Website or any other related services and the information available therefrom are correct, accurate, complete, up to date, non-misleading, free from interruption, unavailability, defects, errors, or omissions, of any qualify or standard or is not flawed in any way or fit for any particular purposes.
8.3 You accept that there is inherent risk with the use or access of the Website. In addition, you have acknowledged that the use or access of the Website is entirely at your own discretion, choice, risk and liability and you have agreed that you shall have no rights to seek any indemnity, losses and damages, compensation, claim, costs, expenses or otherwise against RLA.
8.4 The liability of RLA to you or to any other party (whether in contract or tort, under statute or otherwise) for any loss or damage suffered by you or any other party arising out of or in connection with the Engagement, however the loss or damage is caused, shall be limited to half of the service fees received by RLA for the Engagement and that you will indemnify and hold harmless RLA against any liability in excess of the foregoing limit.
8.5 THE LIABILITY OF RLA TO ANY USER OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF THE WEBSITE, OR FOR ANY ERROR OR DEFECT IN THE WEBSITE, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY SERVICE FEES (EXCLUDING GOVERNMENT FEES AND ANY OTHER DISBURSEMENT INCURRED) PAID TO RLA HEREUNDER. IN NO EVENT WILL RLA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFIT, BUSINESS REVENUE, DATA OR DATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
8.6 The limitations of liability set forth in these T&C reflect the allocation of risk contemplated and agreed by you. You should not use or access the Website without these limitations on RLA’s liability. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
9 Law and jurisdiction
9.1 All matters conducted through the Website and the Engagement are made under and shall be governed by the law of Hong Kong.
9.2 Any dispute, controversy or claim arising under, out of or relating to this agreement and any subsequent amendments of this agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the World Intellectual Property Organization (“WIPO”) Arbitration Rules. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be Hong Kong. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Hong Kong.
10 Policy and Modification
10.1 RLA reserves the rights to refuse service, terminate accounts, or remove or edit contents, in their sole and absolute discretion without prior notice. You must ensure that all information, content, materials, data, representations and/or supporting materials provided by you should be true, accurate, correct, complete, legal, honest and up-to-date; and you shall promptly notify RLA of any changes thereto and keep RLA updated.
10.2 RLA reserves the absolute rights, at its sole discretion, to modify these T&C from time to time, with immediate effect upon announcement, by posting of the modified version on the Website. It is your responsibility to keep yourself up to date in respect of these T&C. You will be deemed to have accepted the amendment of these T&C and agreed to be bound by the amended T&C as so changed if you continue to use/ access the Website or proceed with the Engagement after any changes become effective.
11 Privacy Policy
11.1 For information about privacy policies and practices in related to, or the use or access of the Website, please refer to the Privacy Policy Statement as RLA may post on the Website or otherwise from time to time.
12 Entire Agreement and Termination
12.1 These T&C constitute the entire agreement between you and RLA with respect to the Website, RLA’s services and your dealings and relationships with RLA.
12.2 Notwithstanding the provisions of section 12.1, where, due to circumstances outside RLA’s control, RLA is unable to perform all or any of the Work, or needs to carry out Work which is not within the Engagement in order to complete the Engagement, you will agree in writing to any variation in the terms hereof which is reasonably requested by RLA or will agree to terminate the Engagement. Any termination of the Engagement shall be without prejudice to your or RLA’s rights which expressly or by implication are to continue after termination including, inter alia, RLA’s rights to be paid for work undertaken up to the date of termination and to be paid reasonable expenses incurred by RLA. RLA will not be deemed in breach of contract by reason only of being unable to perform all or any of the Work specified herein due to circumstances outside RLA’s control.
13 Assignment
13.1 RLA has the right to appoint sub-contractors and other professional to assist and/or advise in delivering the Work if the circumstance so require.
14 Contact information
14.1 For quick answers to your questions, please contact RLA via the User Support Live Chat or email RLA at info.hk@iconicr.com. Or you can write to RLA at:
Unit 328, Building 16W,
Phase Three, Hong Kong Science Park,
Shatin, H.K.