Please read these Terms of Use and Service (the “Terms“) carefully before using this Website.
This agreement applies between you, the User of this Website, and Braendum Incubator Sàrl, the owner of the Website https://braendum.com. Braendum Incubator Sàrl is a limited liability company registered in Avenue de Sécheron 15, 1202 Genève, Switzerland, CHE-228.293.703.
Your agreement to comply with and be bound by these Terms as well as our Privacy Policy and Cookie Policy is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms, you should stop using the Website immediately.
You must be 18 years of age and able to form a binding contract in order to hire the services offered through the Website and online platform accessible through this Website.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
These Terms will apply to any services offered or provided through this Website, regardless if they are not expressly stated in these Terms.
In the event of a difference in interpretation of these Terms due to the different language versions available on the Site, the English version thereof will be decisive.
In these Terms of Use and Service, for all intents and purposes, the following definitions will apply:
“Terms” are these Terms of Use and Service together with our Privacy Policy and Cookie Policy.
“Braendum” or “Operator“ is Braendum Incubator Sàrl, a limited liability company registered in Avenue de Sécheron 15, 1202 Genève, Switzerland, CHE-228.293.703.
“Website” means the content and online platform accessible through and visible only at the online addresses associated with the domain name braendum.com.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information.
“User“, “you“ and “your“ means any visitor of the Website who is able to order Services using the Braendum’s platform.
“Proprietor” is the person for whom services will be executed and under whose name, a right or interest will be filed, registered or presented, or to whose name it is to be transferred. It is the owner, titleholder or holder of an intellectual property right that will be applied for or registered.
“Power of Attorney” is the authorization issued by the Proprietor according to the corresponding legal requirements of each “Territory”, appointing the Attorney with the required legal faculties to perform all necessary actions required to fulfil a “Service”.
“Service“ or “Services“ means any service offered by Brandum to Users through this Website.
“Price of Service”, “fees“ and “costs“ means the amount which is to be paid by the User for a service to be provided by Braendum.
“Payment Information” means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/ debit card numbers, bank account numbers and sort codes.
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form.
“Trademark Office” means the Government agency, institute, department, intellectual property office, or any other institution recognized by law or local practice of the Territory in which a trademark or any other Service requested by the User must be filed, registered, solicited or processed, for the rights or interests to be recognized, granted, protected, cancelled or enforced.
“Territory” refers to a specific country’s jurisdiction or other territorial organizations in which Services are to be performed on behalf of the Proprietor.
“Premises” means our places of business which are located as follows:
• “Headquarter“: Braendum Inc, 5614 Jordan Road, Bethesda, Maryland 20816 – 1364, United States;
• “Operational office“:Braendum Incubator Sàrl, Avenue de Sécheron 15, 1202 Geneva, Switzerland.
3.1 When using this Website and online platform accessible through braendum.com you should do so in accordance with the following rules:
3.1.1 You must not use obscene or vulgar language.
3.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
3.1.3 You must not submit Content that is intended to promote or incite violence;
3.1.4 The means by which you identify yourself must not violate these Terms or any applicable laws;
3.1.5 You must not impersonate other people;
3.1.6 You must not use this Website for unauthorised mass-communication such as “spam” or “junk mail”.
3.2 You acknowledge that Braendum reserves the right to monitor any and all communications made to us or using our Website.
3.3 You acknowledge that Braendum may retain copies of any and all communications made to us or using our Website.
3.4 You acknowledge that any information you send to us through our Website may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
3.5. You must not submit or send confidential or proprietary information through this Website or other forms of communication, other than those materials strictly necessary for the completion of Services provided by Braendum. All comments, feedback, information or material submitted to Braendum through or in association with this Website, which are not for the sole intention and purpose of filing, submitting or processing of Intellectual Property rights, will be considered as non-confidential.
4.1 Subject to the exceptions in Clause 5 of these Terms, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Braendum, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Intellectual Property laws.
4.2 You may not reproduce, copy, distribute, store or in any other way re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Braendum.
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 You may not reproduce, copy, distribute, store or in any other way re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
This Website may contain links to other websites. Unless expressly stated, these websites are not under the control of Braendum or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Website does not imply any endorsement of the websites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.braendum.com with our prior permission. Deep linking is generally prohibited. To find out more please contact us by email at contact@braendum.com.
Through this Website, the following Services are offered:
8.1 Trademark Availability Search
8.1.1. This Service includes carrying out a Trademark Availability Search amongst EU trademarks and international trademarks valid in the territory of the European Union in EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organisation), French, Swiss and US intellectual property databases and other relevant databases, analysis of search results and recommendations of Braendum’s specialists.
8.2 Trademark Filing
8.2.1 “Filing” is the process of preparing and electronic filing of an application for trademark registration, processing of trademark images, preparing and sending the User via e-mail the filing report, checking and forwarding via e-mail Registration Certificate.
8.2.2 The Trademark Filing Service is provided by Braendum for a specific trademark as submitted by the User, for a determined Territory and only with respect to the class or classes and description of goods and/or services specified by the User and includes the following activities:
a. Preparing and filing of the Trademark application before the Trademark Office/ territory indicated by the User.
b. Revising, if required by the User, the scanned copy of the Power of Attorney that the User may need to send to Braendum.
c. Payment of all official fees required by the Trademark Office for the filing of the trademark, including any corresponding publication fees.
d. Sending the User a scanned copy of the official filing receipt as proof of filing as soon as this is available.
e. Notifying the User of any changes in the status of the trademark during any stage of the process, such as office action (e.g. examiner’s initial refusal, examiner’s report, objections), formal examination rejections, declaration of use requirements, third party oppositions and acceptance for registration, as well as notifying when payment of final registration fees are due, if required by the Trademark Office. Notifications of status changes that require a response on behalf of the User and have associated costs will be notified together with the due date before which the User’s instructions and payment for response/defence services must be received.
8.2.3 The Trademark Filing Service does not include the following:
a. Searching for previously filed conflicting trademarks or analysing of the proposed trademark in order to determine whether complies with local requirements or whether it may be rejected due to one or more grounds for refusal. In this case, a Trademark Availability Search Service should be ordered, which is a service independent of the Trademark Filing Service.
b. If a Territory requires Power of Attorney documents or any other documentation necessary to file, process, register or defend an intellectual property right or to proceed with any service, the process and handling of notarization, legalization and delivery, as well as any associated costs will fall upon the User.
c. In Territories where trademark applications require a final government fee or tax be paid when a trademark has been accepted for registration, and such payment of government fee or tax is required for a trademark to be effectively registered, the Trademark Filing Service does not include payment of these fees. Payment of these fees will constitute a separate Service for which Braendum will contact the User and notify him/her when such payment is required.
d. The Trademark Filing Service does not include response to office actions (e.g. examiner’s initial refusal, examiner’s report, objections) or third-party oppositions to the trademark. Braendum will notify the User if such obstacles appear, along with the price for the Braendum’s specialists to respond when such is necessary and the due date before which instructions and payment need to be received. The response to Office Actions or Third-Party Oppositions will constitute a separate service from the Trademark Filing Service.
e. Physical delivery of the original documents issued by the Trademark Office upon filing or processing of the trademark. However, scanned copies of documents may be sent via email upon the User’s request.
8.3 Ownership Transfer
8.3.1 This Service includes activities such as document preparation and recording of the transfer in national or international databases, administrative communication with National or International Intellectual Property Offices, and regular updates of the User throughout this process.
8.4 Trademark Renewal
8.4.1 The Trademark Renewal Service includes activities such as managing the trademark renewal procedure, varying based on the country, monitoring deadlines after Trademark registration, proactively providing updates to ensure timely compliance with all deadlines.
8.5 Other Services Related to Intellectual Property Rights
8.5.1 Any other intellectual property-related service offered by Braendum or through this Website will be governed by these Terms. The Price of Service will be determined in advance and must be prepaid by the User before the Service is processed. Braendum does not guarantee the success of any process for which a Service is ordered.
9.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms pertaining directly to those Services.
9.2 Braendum shall use its best endeavours to provide the Services with reasonable skill and care.
9.3 In the event that Services are provided that are not in conformity with your order and therefore incorrect, you should contact us as soon as possible and at latest within 10 days to inform us of the error. Braendum will ensure that any necessary corrections to the Services provided are made as soon as possible, at latest within 7 working days.
9.4 Braendum reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 9. Factors that may be taken into account in the exercise of this discretion include but are not limited to characteristics of the Services that could mean that cessation of provision is impossible without significant further work on the part of and at the expense of Braendum.
10.1. You acknowledge that Braendum reserves the right to refuse Service to anyone and to terminate a User’s access to the Website for any reason and at any time without prior notice. Braendum also reserves the right to discontinue, either temporarily or permanently, any part of its Services without notice.
10.2. Braendum refuses to provide its services for trademarks that contradict public order and good faith, such as immoral words or images, those contrary to public order, defying religious symbols, or those that are sexually explicit or suggestive.
10.3. Braendum is entitled to refuse the User in ordering the Services after receipt of the payment in case Braendum has doubts regarding information credibility provided by the User when filling in the order form including but not limited to the name and e-mail address of the User.
10.4. In case of refusal in rendering Services to the User, the Braendum refunds all the money assigned by the User, excluding intermediary fees, used for money transactions. Refund to the User is done the same way and using the same payment details, which have been used for paying the services of Braendum.
11.1 All Services offered through the Website or by Braendum’s specialists must be prepaid by the User. Only after Braendum has received the required payment for the processing of a Service will the Service commence to be processed. Should Braendum issue a credit or proceed with a Service before it has been fully paid for by the User, this will merely constitute an exception and will not alter the general rule for prepaid Services as stated above.
11.2 Whilst every effort has been made to ensure that all descriptions of Services available from Braendum correspond to the actual Services, Braendum is not responsible for any variations from these descriptions.
11.3 All pricing information on the Website is correct at the time of going online. Braendum reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
12.1 Use of this Website is also governed by our Privacy Policy , which is incorporated into these Terms by this reference. To view the Privacy Policy, please click on the link above.
12.2 In order for this Website to fully function, the Website places cookies onto your computer or device such as Google Analytics, cookies to keep track of your use of the Services etc.
12.3 For further details about the cookies used by this Website and your legal rights in relation to them, please see our Privacy Policy. By accepting these Terms, you consent to Braendum placing cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
13.1 Braendum endeavours to ensure that the information, materials, software, products and services made available through this Website are as accurate and correct as possible, however these may include inaccuracies or typographical errors. Braendum may at any time make improvements or changes to its Services.
13.2 This Website and all materials or Services offered and provided on the Website by Braendum are provided on an “as is” and “as available” basis.
13.3 To the fullest extent permitted by law, Braendum expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
13.4 Braendum expressly disclaims any representation or warranty that the Services will be error-free, timely, secure or uninterrupted.
13.5 Braendum makes no warranty or representation that: (a) the Website, materials or services will meet the User’s requirements; (b) the Website, materials and services will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website, or any materials or services offered through the Website, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by the User through the Website or in reliance on the materials or Services will meet the User’s expectations.
13.6 Braendum does not guarantee any specific results from the use of the Services offered through this Website.
13.7 Use of any materials obtained or Services provided through the use of this Website is done at the User’s own discretion and risk.
13.8 No advice, whether oral or written, given by Braendum, its employees, licensors or agents shall create a warranty nor shall the User rely on any such information or advice.
13.9 No part of this Website is intended to constitute a contractual offer capable of acceptance.
13.10 Whilst Braendum uses reasonable endeavours to ensure that the Website is secure and free from errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal data and their computers.
13.11 Braendum shall not be responsible for any damage to the User’s computer system or loss of data that results from the download of any content, material, information or software.
14.1 Braendum reserves the right to change this Website, its Content or these Terms at any time. You will be bound by any changes to the Terms from the first time you use the Website after the changes. If Braendum is required by law to make any changes to Terms, these changes will automatically apply to all current orders in addition to any future orders placed by you.
14.2 It is your responsibility to periodically review these Terms as well as our Privacy Policy and Cookie Policy. If at any time you find them to be unacceptable or if you do not agree to these Terms as well as our Privacy Policy or our Cookie Policy, please do not use this Website or hire any Services.
14.3 In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
15.1 To the maximum extent permitted by law, Braendum shall not be liable for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. Subject to clause 15.2, Braendum’s maximum liability in respect of any and all claims, including claims for breach of contract, negligence or statutory breach shall not exceed the price paid for the Services.
16.1 Braendum’s failure to enforce any provision does not constitute a waiver of its right to do so at a later time. If any provision is found to be unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable provision will be substituted that most closely reflects the original intentions of the parties.
16.2 The User may not assign any of its rights under these Terms, and any such attempt shall be void, unless there is prior written consent on behalf of Braendum.
16.3 Braendum may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between you and Braendum.
All notices/ communications shall be given to us either by post to our Premises (see address above) or by email to contact@braendum.com. Any such notice shall be deemed to have been received three (3) days after posting if sent by first class post, on the date of posting if sent by email on a business day and on the next business day if sent by email on a weekend or public holiday.
These Terms and the relationship between you and Braendum shall be governed by and construed in accordance with the Law of Switzerland and Braendum and you agree to submit to the exclusive jurisdiction of the Courts of Switzerland.
The titles and headings in these Terms are for convenience and ease of reference only and shall not be used in any way to interpret these Terms.
By using Braendum services or accessing this Website, you acknowledge that you have read these Terms of use and agree to be bound by them.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any agreements, understandings, understandings or terms of use and service, express or implied.
