Brandsmith & Co.
Terms of Use
Last updated: March 2026These Terms of Use govern your access to and use of the Brandsmith & Co Pty Ltd (“Brandsmith & Co”) website at brandsmithandco.com.au (“the Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website. Brandsmith & Co operates the Website and provides branding, educational content, and brand ownership tools and information such as the “Do You Really Own Your Brand? quiz” (“the Quiz”).
1. About Us
The Website is operated by Brandsmith & Co, a company based in New South Wales, Australia. The Website provides information and tools relating to brand ownership, trade marks, and intellectual property. Brandsmith & Co does not itself provide legal services or trade mark attorney services. Any legal or trade mark attorney services referred to on this Website are provided through Hunter Lawyers. Where legal services are required, those services are provided by Hunter Lawyers, an incorporated legal practice.
2. Use of the Website
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others. You must not:
- Use the Website in any way that violates applicable Australian or international laws or regulations.
- Transmit any unsolicited or unauthorised advertising or promotional material.
- Attempt to gain unauthorised access to any part of the Website or its related systems.
- Engage in any conduct that could damage, disable, or impair the Website or interfere with other users’ access.
- Use automated tools to scrape or extract data from the Website without our prior written consent.
3. No Legal Advice
The content on this Website, including the Quiz and any results
generated by it, is provided for general informational purposes only and
does not constitute legal advice.
Nothing on this Website creates a solicitor-client, attorney-client, or other
professional relationship between you and Brandsmith & Co. If you
require legal or trade mark attorney advice, this may be provided
separately by Hunter Lawyers. If you choose to proceed with trade mark
filing, legal advice or other legal services, you may enter into a separate
written costs agreement and retainer directly with Hunter Lawyers.
Any references to trade mark registration, protection, or enforcement on
this Website are general in nature. Brandsmith & Co does not guarantee
that any particular trade mark will be accepted for registration or will be
enforceable in any jurisdiction. Each application is subject to
examination and assessment by the relevant authorities.
Brandsmith & Co may facilitate introductions and onboarding, but does
not provide regulated legal services.
You should not rely on any content on this Website as a substitute for
professional legal advice tailored to your specific circumstances.
4. Intellectual Property
All content on the Website, including text, graphics, logos, the Quiz, and its design is the intellectual property of Brandsmith & Co or is licensed by Brandsmith & Co and is protected by Australian and international copyright laws. You may view and print content from the Website for your personal, non- commercial use only. You must not reproduce, distribute, modify, or use any content for commercial purposes without our prior written consent.
You may view and print content from the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, or use any content for commercial purposes without our prior written consent.
5. The Quiz
The Quiz is provided as a general educational tool to help you think about your brand ownership position. Results are automated, indicative only, and based solely on the answers you provide. By completing the Quiz, you consent to receiving a results email at the address you provide. Quiz results do not constitute a legal assessment of your trade mark rights and should not be acted upon without independent legal advice.
6. Limitation of Liability
To the maximum extent permitted by law, Brandsmith & Co and its directors, employees, and agents will not be liable for any loss or damage — whether direct, indirect, incidental, or consequential — arising from your use of or reliance on the Website or its content. Nothing in these Terms excludes any rights you may have under the Australian Consumer Law that cannot be excluded by agreement.
7. Third-Party Links
The Website may contain links to third-party websites, including scheduling tools such as Calendly. These links are provided for convenience only. We do not endorse or take responsibility for the content or privacy practices of any third-party websites.
8. Testimonials
We appreciate clients who are willing to provide testimonials or reviews
about our services.
If you provide a testimonial or review to us, you permit Brandsmith & Co
to publish, reproduce, or otherwise share that testimonial on our website,
social media channels, or other marketing materials. If you later prefer
that your testimonial not be used in this way, you may contact us at any
time and request its removal, and we will comply with your request within
a reasonable time.
If you allow us to display your business name, brand name, or logo on
our Website or other marketing materials, you grant Brandsmith & Co a
non-exclusive right to promote, market, or publicise that you were a
client of ours or that legal services were provided to you through Hunter
Lawyers.
9. Privacy
The Website may contain links to third-party websites, including scheduling tools such as Calendly. These links are provided for convenience only. We do not endorse or take responsibility for the content or privacy practices of any third-party websites.
10. Availability & Accuracy
We strive to keep the Website available and its content accurate. However, we do not warrant that the Website will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue the Website at any time without notice.
11. Competitors& Accuracy
You must not use this Website or its content for the purpose of competing with Brandsmith & Co. Competitors and persons acting on behalf of competitors are prohibited from accessing or using the Website, the Quiz framework, underlying logic, structure, educational materials, or proprietary systems for competitive or commercial analysis, replication or advantage.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from your use of the Website will be subject to the exclusive jurisdiction of the courts of New South Wales.
13. Changes to These Terms
We may update these Terms from time to time. Updated Terms will be posted on this page with a revised “last updated” date. Your continued use of the Website after any changes constitutes your acceptance of the updated Terms.
14. Contact Us
If you have any questions about these Terms of Use, please contact us at:
info@brandsmithandco.com.au