Terms of service

The terms and conditions governing your use of our website and services.

Last updated: 25 February 2026

1. About these terms

These terms of service ("Terms") govern your use of the website operated by Markster (ABN 14 634 313 205) ("we", "us", "our") at markster.com.au (the "Website") and any services we provide to you.

By accessing our Website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our Website or services.

2. Our services

Markster provides trade mark services including, but not limited to, trade mark applications, monitoring, enforcement, and strategic advice. Our services are provided by qualified intellectual property lawyers.

The specific scope, fees, and terms of any engagement will be set out in a separate appointment agreement provided to you before work commences. In the event of any inconsistency between these Terms and an appointment agreement, the appointment agreement prevails.

3. No legal advice through the website

The information on this Website is general in nature and is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. You should seek independent legal advice tailored to your specific circumstances before making any decisions based on the content of this Website.

A solicitor-client relationship is not established by your use of this Website. Such a relationship is only formed when we provide you with a written engagement letter and you accept it.

4. Intellectual property

All content on this Website, including text, graphics, logos, images, and software, is owned by or licensed to Markster and is protected by Australian and international intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on this Website without our prior written consent.

5. Limitation of liability

To the maximum extent permitted by law, Markster's total liability to you for any claim arising out of or in connection with these Terms or our services is limited to the total fees paid by you to us for the specific service giving rise to the claim.

To the maximum extent permitted by law, we exclude all liability for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunity
  • Any loss arising from circumstances beyond our reasonable control, including decisions made by IP Australia or other government agencies

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Australian law, including liability under the Australian Consumer Law.

6. Disclaimers

While we strive to ensure the information on this Website is accurate and current, we do not warrant or guarantee that:

  • The Website will be available at all times or free from errors
  • The information on the Website is complete, accurate, or up to date
  • Any particular outcome will be achieved through our services, including the successful registration of a trade mark

Trade mark registration outcomes are ultimately determined by IP Australia and other relevant authorities. We cannot guarantee that any application will be accepted or that any registered trade mark will not be challenged.

7. Confidentiality

We treat all information you provide to us as confidential and will not disclose it to third parties except:

  • Where necessary to provide our services (e.g. filing with IP Australia)
  • Where required or authorised by law
  • With your prior written consent

8. Termination

Either party may terminate an engagement by providing written notice to the other party. Upon termination:

  • You are liable for fees for work already completed up to the date of termination
  • We will provide you with all relevant documents and files relating to your matter
  • Any obligations that by their nature should survive termination (including confidentiality and limitation of liability) will continue to apply

9. Privacy

Your use of this Website and our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

10. Governing law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland and any courts of appeal from them.

11. Changes to these terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated effective date. Your continued use of the Website or our services after any changes constitutes your acceptance of the updated Terms.

12. Contact us

If you have any questions about these Terms, please contact us: