TERMS OF USE & PRIVACY POLICY
These Terms of Use govern all goods and services provided by IPRP International AB (org. no. 559455-2704) & VAMO VARUMÄRKESOMBUDET AB (org. no. 556878–3012), collectively referred to as the “Law Firm”. These terms apply to clients, including sellers, buyers, and agents (referred to as the “Client”), using or engaging with <iprp.io> (the “Platform”). By using the Platform, the Client agrees to these Terms of Use, which form an integral part of the client-law firm agreement (the “Agreement”). The Law Firm and Client are referred to individually as a “Party” and collectively as the “Parties”.
1. THE AGREEMENT
1.1 The Agreement's scope is to be determined in writing between the Parties at the engagement's outset, such
as
through email. Upon request, the Law Firm will provide a written order confirmation.
1.2 Terms of use
provided
by the Client that deviate from this Agreement will not be applicable.
1.3 The Agreement encompasses the
written
terms agreed upon by the Parties and these Terms of Use. Any order confirmation supersedes these Terms to
the
extent of any inconsistency.
2. THE LAW FIRM’S COMMITMENTS
2.1 The Law Firm commits to executing the engagement in line with the Agreement and industry standards.
3. THE CLIENT’S COMMITMENTS
3.1 The Client agrees to remunerate the Law Firm as outlined in the Agreement.
3.2 The Client must provide
accurate information for the Law Firm to effectively carry out the engagement. The Client confirms their
legal
right to enter into and fulfil this Agreement.
4. The Platform
4.1 The Client, as a seller, guarantees full ownership and unencumbered rights to any trademark offered on
the
Platform, including that the trademark is not subject to licenses, co-existence agreements, undertakings,
liens,
or other rights of third parties and that no third-party claims that such a right exists. The Client
furthermore
warrants that the Client has the right to market and transfer the Trademark.
4.2 The Law Firm does not guarantee the Client's full and clear title to any trademark and is not liable for
any
resulting claims or actions.
4.3
The Law Firm retains exclusive brokerage rights for any trademark listed on the Platform.
4.4 Upon transfer, the selling Client agrees to sign necessary documents for the new owner's registration,
within 10 business days of
receiving the same.
4.5 As a buyer, the Client authorizes the Law Firm to handle the registration of the new
owner of the trademark at the current registration body at applicable rates.
4.6 The agent shall receive
commission for all completed transactions mediated on behalf of the principal during the contract period
which
shall be regulated separately in an agency agreement.
5. PRICES AND PAYMENT TERMS
5.1 Selling prices for trademarks are negotiated individually.
5.2 The Law Firm deduces a 30% commission fee on
the final selling price.
5.3 Prices and fees are in SEK, excluding VAT.
5.4 Buyers must pay the agreed price
within 30 days of invoicing unless otherwise arranged to the Law Firm. Late payments accrue interest per the
Swedish Interest Act.
5.5 The Law Firm transfers the received payment to the seller after deducting its
commission.
5.6 Non-fulfillment of obligations by any Party affects the legal transfer of the trademark.
6. TERMINATION/CANCELLATION
The Client may terminate the Agreement as long as the trademark is listed on the Platform. However, termination is not possible once negotiations with a potential buyer begin, unless no agreement is reached. The Law Firm is entitled to fees and costs for work performed up to the point of cancellation.
7. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise agreed, work products generated by the Law Firm are its property and are not for widespread distribution or marketing purposes.
8. LIABILITY AND LIMITATION OF LIABILITY
8.1 The Law Firm is liable for damages resulting from negligence in performing its obligations, subject to
limitations stated herein.
8.2 The Law Firm’s advice is specific to each engagement and is not liable for
damages due to incomplete or inaccurate client-provided information.
8.3 The Law Firm is not responsible for
independent advisers or professionals, regardless of how they are engaged.
8.4 The Law Firm is not liable for
damages resulting from the Client’s misuse of work results or advice.
8.5 Liability is limited to the engagement
fee, except in cases of intent or gross negligence, and capped at MSEK 1 per claim.
8.6 Liability does not
extend to indirect losses, including third-party claims, unless due to intent or gross negligence.
8.7 The Client must keep the Law Firm updated with current contact details.
9. COMPLAINTS
9.1 Complaints should be made promptly upon discovery of the issue.
9.2 Claims must be submitted within 30 days
of the final invoice or discovery of the underlying issue.
10. CONFIDENTIALITY
Parties agree to keep each other's business information confidential for three years post-engagement. Exceptions apply as required by law.
11. FORCE MAJEURE
Parties are exempt from liability for non-fulfillment due to uncontrollable external events.
12. AMENDMENTS AND ADDITIONS
12.1 Amendments to the Agreement must be in writing and signed by both Parties.
12.2 The Law Firm may update
these Terms, with the current version available on <iprp.io>. Changes are effective upon website
publication.
13. SEVERABILITY
If any provision of this Agreement or any part thereof is found to be invalid, this does not signify that the Agreement in its entirety is null and void, but shall, to the extent that the invalidity substantially affects the performance of the Party or exchange of the Agreement, allow for reasonable adjustment to be made.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1 Swedish law applies. Disputes are resolved through arbitration in Gothenburg, with Swedish as the
proceeding language.
14.2 For claims under a specified limit (ref Social Insurance Code 2010:110), disputes will
be handled by the District Court in Gothenburg.
14.3 Parties agree to confidentiality regarding arbitration
and
related processes.
15. PRIVACY POLICY
The Law Firm processes personal data in compliance with privacy laws and has a detailed Privacy Policy, last updated on June 1, 2022, available for review.
15.1 Client engagements
To evaluate, manage, and complete client engagements, especially when using the Platform, we must process
personal data. This data typically comes from the client but may also be sourced from private and public
registers or other external entities. The processing aims to execute the engagement agreement or comply with
legal obligations. Personal data may be shared with third parties (e.g., public authorities, courts, service
providers, legal advisers, auditors) as necessary for the engagement. Transfers to countries outside the
EU/EEA
or international organizations occur only when adequate data protection is assured. We retain your personal
data
only as long as necessary for these purposes. Client contact information may be used for marketing; if you
wish
to opt-out of such communications, please email [email protected].
15.2 Requests and social media
We process the contact information you provide to respond to your inquiries, based on our legitimate
interest in
following up. This data is kept for a reasonable duration to ensure adequate response time. Interactions on
our
social media platforms (Facebook, Instagram, Twitter, etc.) involve sharing your profile information with
the
platform provider. We cannot guarantee the security of data processed by these third parties.
15.3 Cookies
Our website uses cookies. You can manage cookie preferences through the cookie banner on our site or adjust
settings in your browser. Be aware that rejecting or deleting cookies may affect website functionality.
15.4 Questions and your rights
You have the right to understand how we process your personal data. This includes requesting access to data
processing details, revoking consent, correcting data inaccuracies, restricting or erasing unnecessary
processing, and transferring data in certain circumstances. To lodge a complaint, contact the Swedish
Authority
for Privacy Protection at [email protected].
For exercising these rights or for any queries about our data processing
practices, please email us at [email protected].