TERMS OF USE

These Terms govern services supplied by Jolaana Pty Ltd trading as IPELLIO (“IPELLIO”, “we”, “us” or “our”).

“You” means the person entering the agreement or, where an authorised representative enters it on behalf of an identified organisation, that organisation.

“Services” means the functions and services actually offered through our website, customer accounts, Brand Check, Historical Research, My Dashboard, reports and application or registration services.

An “Order” is a request to purchase a service.

A “Registry” includes a government register, domain registry or other authority responsible for assessing or recording applications or registrations.

A feature described as planned, coming soon or under development is not included in an Order unless expressly agreed.

These Terms apply when brought to your attention and accepted through the relevant account, Order or service process.

Applicable registry, registrar and licensing conditions will be identified or made available through the relevant transaction process.

Our Privacy Policy explains personal information handling. Search Scope & Limitations explains research coverage and must be read with the relevant service description.

A general disclaimer does not override an express commitment or representation that is binding under applicable law.

You must have legal capacity to enter the agreement.

If acting for another person or organisation, you must have authority to place Orders, provide instructions, supply information, make declarations and authorise payments.

You must correctly identify the intended applicant, holder, owner or registrant.

We may request reasonable evidence of identity, authority or eligibility where necessary for a service. If necessary evidence is not supplied, we may pause or decline the affected request and account for payments under section 14.

You must provide accurate account information, keep contact details current and take reasonable steps to protect your credentials.

Notify us promptly of suspected unauthorised access or instructions.

You are responsible for activity you authorise and for loss caused by your breach of these obligations. You are not automatically responsible for unauthorised activity caused by a failure for which we are legally responsible.

We may apply reasonable verification measures before changing access, accepting sensitive instructions or processing a disputed transaction.

Our obligations are limited to the services expressly described in an accepted Order, together with obligations imposed by applicable law.

IPELLIO does not undertake to identify every legal or commercial risk associated with your proposed activities.

Using the platform does not create a solicitor–client or trade mark attorney–client relationship. Communications with IPELLIO are not represented as legally privileged.

A support response or automated suggestion does not expand the agreed scope unless an authorised representative expressly agrees to additional work or applicable law requires otherwise.

We will perform agreed services with the care and skill required by applicable law.

Research depends on the sources, coverage, matching methods, settings and information available when the service is performed.

A “no match” result does not establish that no conflicting right exists.

Labels such as “available”, “registered”, “similar”, “lapsed”, “removed” or “not found” must be read in the context of the particular source and service.

Business name availability, domain availability and trade mark registrability are separate matters. A favourable result in one does not determine another.

Industry selections and suggested classes are research aids. They do not, by themselves, determine the protection your business requires.

You remain responsible for deciding whether to adopt, use, acquire or invest in a name or brand. Consider the underlying records, stated limitations and whether further investigation or professional advice is appropriate before taking material action.

Historical Research presents records and research leads associated with earlier applications, registrations or events.

A lapsed, removed, expired, refused, withdrawn or otherwise inactive record does not establish that a name is free to use or register.

Other applications, registrations, unregistered rights, continuing use or overseas rights may remain relevant.

Historical suggestions do not confer ownership, priority, permission or consent to adopt or revive a name.

Record associations and similarity matches do not necessarily establish common ownership or a connection between the people or businesses identified.

Reports summarise information within the purchased scope. They are not legal opinions, certificates of clearance or guarantees of registration.

Automated summaries, rankings and matching may contain errors. Read them alongside the underlying records and stated limitations.

Your Order determines the report format, access period, export rights, refresh availability and applicable usage limits.

A refresh does not mean every underlying source has updated. A report is not continuous monitoring unless expressly sold as such.

A fixed access or refresh period does not create an automatically renewing subscription. Recurring charges apply only where their amount or calculation method, billing frequency and cancellation process have been disclosed and accepted.

An Order is accepted when we confirm acceptance or begin supplying the requested service, whichever occurs first.

A payment receipt does not confirm registry submission, reservation or successful registration.

Unless otherwise stated, prices are in Australian dollars. The total payable, applicable GST and relevant government or third-party charges will be disclosed before payment.

You authorise payment for the Order you approve.

Additional work, classes, amendments or services outside the original scope require approval of any additional charges.

Price changes apply to future Orders. We will not retrospectively increase an accepted Order’s price without your agreement.

If a material pricing or description error is identified before acceptance, we will seek agreement to corrected terms or decline the Order and refund the relevant payment.

A disputed charge may be raised with us or your payment provider. Nothing requires you to surrender a lawful payment-dispute right.

This authority does not permit us to change material instructions without approval.

We may rely on approved instructions without independently investigating their underlying accuracy unless verification is included, required by law or an apparent inconsistency reasonably requires clarification.

Notify us promptly of errors or changed instructions. Once submitted, a request may not be capable of amendment, withdrawal or reversal.

Correcting an error in information you supplied may require a new transaction and additional charges, subject to applicable law and your approval.

We remain responsible for errors we introduce and failures to follow approved instructions.

We may pause materially ambiguous, incomplete or inconsistent instructions while seeking clarification.

Business name registration is subject to the relevant Registry’s requirements and confirmation.

An availability indication does not reserve a name. Payment to IPELLIO is not proof of registration.

Business name registration does not itself create exclusive trade mark rights or establish that the name can lawfully be used in all circumstances.

The nominated holder must satisfy eligibility requirements and maintain registration details and renewals, except to the extent those tasks are expressly included in a service purchased from us.

Domain registrations, transfers and renewals are subject to the applicable registrar, registry and licensing rules, including relevant auDA rules for .au domains.

An availability result is time-sensitive and does not reserve a domain.

Domain registration provides rights under the relevant registration or licensing agreement for the applicable period. It does not create unrestricted ownership of a word or brand.

The nominated registrant must satisfy eligibility requirements and provide accurate information.

Expiry, renewal, restoration, transfer and dispute processes depend on the domain extension and provider. Applicable conditions and charges will be identified for the service ordered.

Automatic renewal charges require authorisation. Without an agreed renewal service, you remain responsible for timely renewal.

Unless included in your Order, domain services do not include website development, hosting, email services or trade mark protection.

A trade mark application requests registration. Filing does not guarantee acceptance, registration, enforceability or freedom from objection or opposition.

You must approve the applicant, mark, goods or services and relevant declarations before submission.

Classes and descriptions affect scope and fees. Automated suggestions are not legal advice about appropriate protection.

Unless expressly included, filing does not cover substantive examination responses, opposition proceedings, hearings, appeals, international applications, enforcement or renewals.

The nominated applicant remains the applicant and, if registration is granted, becomes the registered owner subject to applicable law and the registry record. IPELLIO does not acquire ownership by providing the service.

Registries control their assessments and processing. Estimated timeframes are not guaranteed unless expressly agreed.

We will communicate material correspondence received within our agreed role. Forwarding correspondence does not itself engage us to prepare a response or conduct further proceedings.

You must keep contact details current and respond to necessary requests within clearly communicated timeframes.

The Order determines responsibility for receiving correspondence, tracking deadlines and taking further action. We will not transfer an expressly accepted responsibility to you through a general disclaimer.

Contact admin@ipellio.com promptly to request a change or cancellation.

For more information about fees, refund requests and renewals, see our Fees, Refunds and Renewals page.

Nothing in these Terms excludes, restricts or modifies a right, guarantee, liability or remedy that cannot lawfully be excluded or restricted.

Australian Consumer Law protections can apply to business customers as well as individuals.

Where applicable consumer guarantees are not met, remedies may include rectification, cancellation, refunds and compensation, depending on the circumstances.

Descriptions of research limitations, external dependencies and service boundaries do not override those protections.

Saving a record does not reserve a name, establish ownership or confirm registration.

Access, storage and export functions are those described for the relevant service. Indefinite storage after the applicable account or service ends is not included unless expressly agreed.

Keep independent copies of important reports, confirmations and documents using available download or export functions.

If we discontinue a paid storage function, we will provide reasonable notice and an opportunity to retrieve accessible material where lawful and practicable, or an appropriate remedy where that cannot be provided.

Account closure does not automatically cancel pending applications, external registrations or domain licences.

Personal information retention and deletion are addressed in our Privacy Policy.

IPELLIO and its licensors retain rights in platform software, original content, branding and other protected material.

You may use the platform and purchased outputs for their intended purposes, subject to these Terms and disclosed third-party restrictions.

You may use a purchased report for your own research and share it privately with professional advisers for that purpose.

Where a product expressly permits professional or client use, you may share it with the relevant client within that scope.

Preserve source attribution, dates and material limitations. Do not alter a report in a way that misrepresents its meaning or origin.

Rights in third-party records and marks remain with their respective owners. We do not claim exclusive ownership of public facts.

You retain rights you hold in submitted material.

You grant us a non-exclusive permission to host, process, reproduce and transmit that material only as reasonably necessary to provide and support the requested service and meet legal obligations.

This permission does not transfer ownership of your brand, mark or business.

You must have the rights and authority needed for your submission.

We may restrict material where reasonably necessary to address credible legal, security or rights-related concerns, with notice where lawful and practicable.

When sharing results, preserve material context, dates and limitations.

A historical association or registry entry must not be presented as proof of endorsement, wrongdoing or current ownership without a proper basis.

We may preserve relevant evidence, restrict affected access and pursue lawful remedies where reasonably necessary to address misuse.

Restrictions must be proportionate and do not automatically forfeit prepaid amounts unrelated to the issue.

We take reasonable care in operating the platform. Maintenance, outages and external dependencies may affect access.

We will take reasonable steps to address disruptions within our control and communicate material effects on accepted paid services.

An external outage does not automatically remove our responsibility to supply an agreed service or provide a remedy required by law.

We may make operational changes that do not materially reduce an accepted paid service. Material adverse changes are governed by section 25.

Where practical, we will explain the issue and provide a reasonable opportunity to resolve it. Immediate restrictions may be necessary where delay risks material harm or breach of law.

Restrictions will be proportionate. Access will be restored when the reason is resolved unless another valid ground prevents restoration.

You may request account closure or stop using the platform at any time. Properly incurred obligations for accepted services remain payable.

Termination does not automatically forfeit prepaid amounts. Section 14 and applicable law govern refunds.

Neither party is responsible for delay to the extent caused by an event outside its reasonable control that could not reasonably have been prevented or overcome.

The affected party must take reasonable steps to minimise the impact and resume performance.

This does not excuse failure caused by inadequate care or remove non-excludable rights.

If an event prevents a material part of a paid service for an unreasonable period, you may cancel the unperformed portion and receive an appropriate refund.

Send complaints or claims to admin@ipellio.com

Where reasonably available, provide supporting records so the matter can be investigated. Missing information does not remove statutory rights but may affect our ability to assess the matter.

Acknowledging, investigating or discussing a complaint does not constitute an admission of liability.

A goodwill remedy is not an admission of liability unless expressly stated.

The parties may agree to negotiate or mediate. Neither party is required to accept a proposed settlement.

Nothing prevents urgent relief, a complaint to a regulator or proceedings in a competent court or tribunal. These Terms do not shorten statutory claim periods.

Updated Terms apply to future Orders when properly disclosed and accepted.

An accepted one-off Order remains governed by its accepted terms unless a variation is agreed or required by law.

For an ongoing paid service, we will provide reasonable advance notice of a material adverse change. You may cancel the affected future service before that change takes effect and receive an appropriate refund for unused prepaid services.

Urgent changes may be necessary to comply with law or address a serious security issue. We will explain them as soon as reasonably practicable.

Changes do not retrospectively authorise charges or remove accrued rights.

These Terms are governed by the laws of Queensland, Australia, together with applicable Commonwealth laws.

The parties submit to the non-exclusive jurisdiction of Queensland courts and courts entitled to hear appeals from them.

This does not prevent proceedings in another court or tribunal where mandatory law permits, or remove protections that apply regardless of the chosen governing law.

If a provision is unlawful or unenforceable, it is severed to the extent necessary. The remaining provisions continue where capable of operating independently.

Failure or delay in exercising a right is not a waiver.

We may transfer an agreement as part of a genuine business transfer only where your rights are preserved and you are not materially disadvantaged. We will provide notice where appropriate.

Nothing establishes a partnership, employment relationship or general agency between the parties. Authority to act on your behalf is limited to the relevant service.

Provisions concerning accrued payments, intellectual property, liability and disputes continue after termination to the extent necessary to give them effect.

Jolaana Pty Ltd trading as IPELLIO

ABN 76 675 225 028

Email: admin@ipellio.com