This Basiq Marks Usage Agreement ("Agreement”) sets out the legal terms governing your ability to use the Basiq name, logo, and other registered or unregistered Basiq trademarks and service marks owned by Basiq and its affiliates ("Basiq Marks”) to let your customers know that Basiq ("we”, "us”, "our”) provides services for your business. A list of the Basiq Marks available for use can be found on our Logos and Resources page. This Agreement supplements, and is governed by, your agreement with Basiq for the use of Services provided by Basiq ("Services Agreement”). Your Basiq Agreement is the Basiq Terms of Service Agreement, unless you and we agree to substitute a different agreement. Terms used but not defined in this Agreement, such as "Basiq” and "Services”, have the meanings given in the Services Agreement.
You may not use any Basiq 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 Basiq Marks
Basiq Marks are important assets of Basiq’s business and are protected by Australian and international laws. You are licensed to use the Basiq Marks as described in this Agreement on a non-exclusive, non-transferable basis on websites or applications that utilise 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 Basiq Marks from any websites or applications, or other material within a reasonable time.
2. Proper Use of Basiq Marks
Proper Use: You may only use the Basiq Marks on the portion of your website or application that directly relates to the Services, such as on a institution connection page utilising our connect service services. All Basiq Marks should directly link to our homepage at basiq.io. Where only the Basiq name or logo is used, as opposed to the "Powered by Basiq" or "Connect with Basiq" logos, we ask that you provide proper trademark attribution crediting ownership of the Basiq Marks to us, such as:
The Basiq name and logos are trademarks or service marks of Basiq, Pty Ltd or its affiliates in Australia and other countries. 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, colour, or relative placement of Basiq Marks. You may only use the Basiq Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the Basiq Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.
Attribution: The TM or SM Symbol should be prominently displayed in conjunction with any Basiq Mark being used, unless otherwise directed by us to use the ® symbol. All Basiq Marks used should directly hyperlink to the Basiq home page located at basiq.io.
3. Impermissible Uses of Basiq Marks
You may not display, copy, modify, transmit or otherwise use the Basiq Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by Basiq. You may not use the Basiq Marks to show Basiq 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 Basiq Marks.
You may not use the Basiq Marks to imply endorsement by Basiq of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with Basiq, or use the Basiq Marks in any manner that is misleading. You may not use the Basiq Marks in relation to goods or services that are unrelated to the Services. 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 Basiq Marks that we determine is non-compliant with this paragraph.
In addition to protecting the Basiq Marks, it is important to us that you maintain an independent brand. Even where use of Basiq 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 Basiq’s. For example, “Foo Analytics for Basiq” or “Bar Analytics powered by Basiq” are acceptable and emphasise your brand; but “Basiq Analytics”, “Basiq for Platforms”, or “Basiqlytics” are unacceptable and emphasise the Basiq Marks. You may not use the Basiq Marks or any confusingly similar name or trademark with your product, service, company, or domain name. For instance, you may not use names like “Basiq Business Services”, “Basiq for Platforms” or domains like “getbasiq.com.”
4. No Warranties
As part of this Agreement, we do not make any representations regarding your use of Basiq Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
5. Your Liability For Third-Party Claims
You will indemnify Basiq, its affiliates, and their respective employees and agents (each a “Basiq Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a Basiq Entity that results from your impermissible use of any Basiq Marks, as described in Section 3 above, including any third party Claims based on trademark or copyright infringement, dilution, passing off, counterfeiting, or unfair competition. You will also responsible for, and will fully reimburse the Basiq Entities for, any liability incurred by the Basiq Entities in connection with such Claims.
You will fully cooperate with the Basiq Entities by providing reasonable assistance, authority, information, and resources where applicable, in order to assist with the defence of the Claims described in the previous paragraph. You recognise Basiq’s authority to control any defences or responses against any such Claims, and you agree to cooperate with any Basiq Entity that wishes to assert such authority.
6. Contacting Us
If you have any questions about this Agreement, please don’t hesitate to contact us at hello(at)Basiq.io.
7. 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 Basiq 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.