This UbiCar Marks Usage Agreement (“Agreement”) sets out the legal terms governing your ability to use the UbiCar name, logo, and other registered or unregistered UbiCar trademarks and service marks owned by UBI Group and its affiliates (“UbiCar Marks”) to let your customers know that UbiCar (“we”, “us”, “our”) provides services to end consumers. A list of the UbiCar Marks available for use can be found on our Logos and Resources page. Your use of services provided by UbiCar is governed by the UbiCar Services Agreement (“Services Agreement”), and terms used but not defined in this Agreement have the meanings given in the Services Agreement.
You may not use any UbiCar Marks without having agreed to abide by all of the terms and conditions in this Agreement, and unless you do so in accordance with this Agreement.
1. Permission to Use UbiCar Marks
UbiCar Marks are important assets of UbiCar’s business and are protected by Australian and international laws. You are licensed to use the UbiCar Marks as described in this Agreement on a non-exclusive, non-transferable basis on websites or applications that refer to or promote the Services (as defined in the Services Agreement). However, your use is subject to the terms set out in this Agreement, and we may terminate your license via (i) our absolute ability to supervise, monitor, and revoke your license at any time and at our discretion, or (ii) your non-use or cancellation of the Services. Upon termination of the license, you agree to promptly remove any UbiCar Marks from any websites or applications, or other material within a reasonable time.
2. Proper Use of UbiCar Marks
Proper Use: You may only use the UbiCar Marks on the portion of your website or application that directly relates to the Services. All UbiCar Marks should directly link to our homepage at ubicar.com.au. Where only the UbiCar name or logo is used, we ask that you provide proper trademark attribution crediting ownership of the UbiCar Marks to us, such as:
The UbiCar name and logos are trademarks or service marks of UBI Group or its affiliates in Australia. Other names may be trademarks of their respective owners.
Brand Guidelines: We may also provide you with style or usage guidelines describing such things as size, color, or relative placement of UbiCar Marks. You may only use the UbiCar Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the UbiCar Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.
Attribution: All UbiCar Marks used should directly hyperlink to the UbiCar home page located at www.ubicar.com.au.
3. Impermissible Uses of UbiCar Marks
You may not display, copy, modify, transmit or otherwise use the UbiCar Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by UbiCar. You may not use the UbiCar Marks to show UbiCar or the Services in any disparaging or derogatory light, or in any way that may be damaging to our brand or to our interests in the UbiCar Marks.
You may not use the UbiCar Marks to imply endorsement by UbiCar of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with UbiCar, or use the UbiCar Marks in any manner that is misleading. In addition to any other right that we may have to enforce the terms of this Agreement, you must promptly comply with any request that we make for you to cease a use of the UbiCar Marks that we determine is non-compliant with this paragraph.
In addition to protecting the UbiCar Marks, it is important to us that you maintain an independent brand. Even where use of UbiCar Marks is permitted, we suggest that you prominently use your own marks in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from that of UbiCar’s. You may not use the UbiCar Marks or any confusingly similar name or trademark with your product, service, company, or domain name. For instance, you may not use names like “UbiCar Business Services”, “UbiCar for Platforms” or domains like “getUbiCar.com.au.”
4. No Warranties
As part of this Agreement, we do not make any representations regarding your use of UbiCar Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
5. Contacting Us
If you have any questions about this Agreement, please don’t hesitate to contact us at hello(at)ubicar.com.au.
6. Other Legal Provisions
Except as otherwise agreed upon in writing between you and us, this Agreement is the entire agreement between you and us regarding your use of the UbiCar Marks. We may terminate this Agreement at any time upon notice to you. You may not transfer this Agreement to any third party. This Agreement is governed by the laws and dispute provisions specified in the Services Agreement, which are incorporated into this Agreement by reference. If any provision or portion of this Agreement is held to be invalid or unenforceable, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.