Terms of Use

1. Application

1.1 Our terms apply to anyone who uses our website or services, and you must be at least 18 years old or able to enter into legally binding contracts to use them. If you're using our services on behalf of a company, you must have the authority to agree to these terms on the company's behalf.

1.2 Our terms may also apply to contracts involving third parties. If any part of our terms is found to be invalid, the remaining terms still apply. We may change these terms at any time, and we'll let you know when we do.

1.3 Our company, located in Melbourne, operates this website. We offer a service for buying domain names, and we can also help you with customer support and registering domain names. We work with other companies to ensure the funds and payments used on our website are secure.

1.4 If you use our services to buy domain names, we help facilitate the transfer between the buyer and seller, but we are not responsible for any agreements made between them. .

2. Limited Warranty for Sold Domain.

2.1 Notwithstanding anything to the contrary in these Terms of Use or on this site, a Limited Warranty Listed Domain with a Completed Sale through any Contractor-owned check-out process will be guaranteed for payment by Brandsec if the Transferee does not perform and if the Transferee is not an associated party of the Provider. In the event of a breach by the Transferee of its responsibilities related to payment under a Buy Now transaction, the Provider agrees to immediately transfer all of Provider’s right to the respective Limited Warranty Listed Domain to Brandsec and Brandsec agrees to pay Provider the final sales price less any agreed upon commission.

3. Rights and Obligations of the Buyer

3.1 The Client must have the authority and legal rights to perform all of its duties under the agreement, as well as comply with all applicable laws and regulations.

3.2 The Client may not infringe on the intellectual property rights of any third party in their use of the website or services, interfere with or damage the website, or carry out any fraudulent activity.

3.3 Brandsec is responsible for invoicing the Client upon completion of services, and the Client must pay all costs and charges stated in the invoice within the provided time period.

3.4 The Client is required to provide Brandsec with accurate and up-to-date contact information, and to keep it updated as necessary. If the Client fails to fulfill its obligations, Brandsec or the Contractor may cancel the transaction and terminate the agreement without being liable for damages. In the event that Brandsec or its Contractor is unable to perform the services, they may work with the Client to reach a mutually acceptable solution. If Brandsec or the Contractor cancels the transfer of a domain name for reasons not related to the Client, the Transferee will receive a refund. The Transferee must complete the transfer of the domain name within 30 days after payment to the Contractor.

4. Bids and/or Offers 

4.1 Every offer you authorise Brandsec to make on a domain name is legally binding, meaning you can't take it back. If your offer is accepted by the seller, you're responsible for paying and transferring the domain name within the agreed timeframe.

4.2 We're only acting as a middleman and we can't guarantee anything about the domain name. It's your responsibility to check it out and do your due diligence, including checking the title. 

4.3 Your offer or bid is good for 7 days.

4.4 The buyer can take back their offer or counter offer within 7 days if it hasn't already been accepted.

5. Disclaimer of Representation and Warranties

5.1 The website and services are provided "as is," "as available," and "with all faults." This means that Brandsec, its officers, directors, employees, agents, and all third-party service providers do not provide any warranties or guarantees, including any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. They also do not make any representations or warranties about the accuracy, completeness, or content of this website or any linked websites. Brandsec assumes no responsibility for any of these things.

5.2 Please note that any information or advice provided by Brandsec, its officers, directors, employees, or agents, including call center or customer service representatives, and third-party service providers, does not constitute legal or financial advice and does not create a warranty of any kind with respect to this website or the services found on this website.

5.3 This disclaimer of representations and warranties applies to the fullest extent permitted by law and will continue to apply even if you stop using this website or its services. If you have any complaints, comments, or concerns about content on this website that infringes on any law or infringes on the rights of third parties, please email [email protected]

6. Indemnification

6.1 You must protect and defend Brandsec, its officers, directors, employees, agents, and third party service providers from any claims, costs, losses, and damages, including legal fees, related to your use of this website or violation of this agreement, or infringement of any third-party rights. The obligation to indemnify will continue even after the agreement ends.

6.2 Both parties must defend, indemnify and hold harmless Brandsec from any claims, losses, damages, liabilities, costs and expenses, including attorneys’ fees, arising from any agreement entered into through the Services.

7. Limitation of Liability

7.1 Brandsec, its officers, directors, employees, agents, and third-party service providers won't be responsible for any direct, indirect, incidental, special, punitive, or consequential damages that may result from your use of this website or any services provided through this website. This includes things like inaccurate or incomplete website content, harm or injury, third-party conduct, unauthorized access to your information, interruptions or cessation of services, viruses, or objectionable content. Brandsec's total liability to you won't exceed $10,000 AUD. This limitation of liability applies to the fullest extent allowed by law and will continue to apply even after you stop using this website or its services.

8. Confidentiality

8.1 By using the Services, you agree to keep any information related to the Services confidential and not to use any of Brandsec's confidential information except as necessary to fulfill your agreement with Brandsec. You can only share Brandsec's confidential information on a need-to-know basis and only for the purpose of fulfilling your agreement. You must protect Brandsec's confidential information with reasonable care, and disclose it only if required by law or court order, notifying Brandsec in writing as soon as possible.

8.2 Remember, sharing confidential information does not give you any rights or ownership over that information

9. Termination

9.1 Brandsec can end the agreement with the Client if the Client:

  • goes bankrupt,
  • has a receiver appointed,
  • goes into insolvency proceedings,
  • gets dissolved, or
  • has a big part of their things taken away.

9.2 If the agreement ends because of any of these reasons, Brandsec doesn't have to give the Client back any money or pay them anything.

10 Limitation of Liability - Registrar Services

10.1 Brandsec is not liable for any errors in domain name registration information provided by the Client or processed by the domain name registry. Brandsec will not refund or be held responsible for any domain name registration due to spelling errors or typos.

10.2 Brandsec acts only as an intermediary and will not perform any actions with respect to the Registrar Services without prior written instructions or consent from the Client. Brandsec is not liable for any damages resulting from the Client's omissions, incomplete or untimely instructions.

10.3 It is the Client's sole responsibility to ensure that any domain name registration does not infringe on any third-party intellectual property rights. Brandsec may cancel or terminate any infringing domain name registration without any obligation to refund the Client or compensate for any damages incurred. Brandsec may also modify a domain name registration to comply with a court order.

10.4 The Client is responsible for defending and indemnifying Brandsec from any claims, losses, damages, liabilities, costs, and expenses arising from the Client's breach of the Registration Agreement, these Terms, or any policies related to the Services, as well as the Client's use of the domain name.