LogoChief
Terms and Conditions
1 General
1.1 This Agreement forms a binding agreement between LogoChief and you in respect of your access and use of the Website and the Product.
1.2 If you do not accept these terms and conditions, you will need to exit the Website immediately.
2 Definitions
In this Agreement:
Agreement means these terms and conditions.
Corporations Act means the Corporations Act 2001(Cth).
GST has the meaning given to it by the GST Act.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended, varied or modified from time to time.
Login Details means the username and password we will provide you with in order to access the Website.
PayPal Australia means PayPal Australia Pty Limited ABN 93 111 195 389 (AFSL 304962).
Price means the price for the Product and any additional amounts payable by you pursuant to this Agreement.
Product means the logo or design created by you using the Website and its content, and includes any work in progress.
LogoChief, us or we means Logo Chief Pty. Ltd. ACN 147 088 702 or any of its associates or related bodies corporate, within the meaning in the Corporations Act.
Website means the website using the trade mark ‘LogoChief’ and operated by LogoChief through which we provide you with the Product at http://www.LogoChief.com.au/.
You or your means you as a party to this Agreement.
3 Access and use
3.1 We agree to allow you to access to the Website and its content on the terms and conditions set out in this Agreement and for the purposes of facilitating the development and delivery of the Product.
3.2 You agree that all information provided by you to us is true, accurate, current and complete.
3.3 You must not provide a link to the Website without our prior written permission.
3.4 The website is provided "as is" and your use of it is at your own risk.
3.5 You must only access the Website for legitimate and lawful purposes and in accordance with any instructions on the Website from time to time.
3.6 You acknowledge that we may withdraw or restrict your access to the Website at any time.
4 Development and delivery of Product
4.1 We agree to allow you to access to the Website and its content for you to develop and finalise the Product.
4.2 Once the Product is finished, you are required to pay for the Product in accordance with clause 5.
4.3 When payment for the Product is confirmed by LogoChief, LogoChief will provide you by email details of how you may access and download the finished Product from the Website.
4.4 You acknowledge and agree that LogoChief will provide the Product to you in Portable Document Format (PDF), Portable Network Graphics (PNG) format or any other format reasonably determined by LogoChief from time to time but has no obligation to provide the Product in any specific format.
5 Payment
5.1 You acknowledge and agree:
(a) to pay the Price to LogoChief in accordance with the pricing schedule set out on the Website or advised to you by LogoChief from time to time;
(b) that subject to anything to the contrary in this Agreement, all payments are non-refundable once finalised;
(c) that all payments are to be made in Australian Dollars;
(d) that all payments are to be made in full without any set off; and
(e) that you accept any foreign exchange risk and you hereby indemnify us for any expenses, loss, damage, costs, demands or liabilities incurred by us directly or indirectly, out of or in connection with any payments made to us in any currency other than Australian Dollars.
5.2 Payments to LogoChief can be made as follows:
(a) by MasterCard or Visa; or
(b) by PayPal.
5.3 Despite anything to the contrary in this Agreement, LogoChief will only provide you with access to the Product once receipt of full payment has been confirmed.
6 Acknowledgements
6.1 You acknowledge and agree that:
(a) the Website, including any content used to develop the Product, is accessible by other clients of LogoChief;
(b) you do not have a sole or exclusive right to use or access to the Website or its content; and
(c) other clients or customers of LogoChief may have, or may in the future use the Website or its content to develop products for their own purposes.
7 Intellectual property
7.1 LogoChief owns all intellectual property rights (including copyright) in the Website and its content which includes, without limitation, copyright in any image that is used by you to create the Product.
7.2 Subject to the receipt of any outstanding payments pursuant to clause 5, LogoChief grants you a non-exclusive, transferrable and worldwide licence to use its copyright in any image obtained from the Website to the extent necessary for you to use the finished Product in the ordinary course of your business.
7.3 Subject to clauses 7.1, 7.2 and the receipt of any outstanding payments pursuant to clause 5, you will own all rights, including copyright, in the finished Product.
7.4 Subject to this clause 7, nothing contained in the Website or this Agreement should be construed as granting any licence or right to use any intellectual property or trade mark, and use of such content except as provided herein is strictly prohibited.
7.5 You grant LogoChief an irrevocable, transferrable, worldwide and royalty-free licence to use the Product in order to promote the goods and services of LogoChief and in the ordinary course of its business.
7.6 You release and forever indemnify LogoChief for any and all loss by LogoChief that arises out of the use of the Products by you or any other person.
8 Login Details
8.1 LogoChief may issue Login Details to you for you to access the Website.
8.2 You are responsible for maintaining the secrecy and confidentiality of your Login Details and any other means of identification required for you to access the Website, including any additional Login Details that may be issued to you from time to time.
8.3 You agree not to record your Login Details in the same place or in a manner in which their confidentiality could be compromised.
8.4 If you become aware or suspect that:
(a) your Login Details (or any part of them) have been lost, stolen or misused;
(b) any person has obtained knowledge of your Login Details;
(c) any person is accessing the Website without your authorisation; or
(d) the security of your Login has otherwise been compromised,
you agree that you will immediately:
(a) notify us by using one or more of the contact details displayed on our Website from time to time; and
(b) change your password.
8.5 You are responsible for any action carried out, and authorise us to act on, any instructions given by any person having accessed the Website with your Login Details.
8.6 You accept full responsibility and indemnify us for any expenses, loss, damage, costs, demands or liabilities incurred by us directly or indirectly, out of or in connection with, the use, including (without limitation) any improper or unauthorised use of your Login Details.
9 Disclaimer and No express warranty
9.1 LogoChief does not warrant that the use or operation of the Website, its content or any aspect of the Website will be uninterrupted or error-free or that the Website, or any of its functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.
9.2 LogoChief does not warrant that Product will not infringe the intellectual property rights, including, without limitation copyright or trade mark rights of a third party.
9.3 We endeavour to ensure that the information on the Website is at all times correct and up-to-date and that the Website is free from viruses and other operational problems. However, we do not make any representation or guarantees that the Website is free from viruses and other operational problems or that the information therein is accurate, complete, up-to-date and without error.
9.4 To the extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express terms of this Agreement) relating in any way to any goods or services (including the Product or content available on the Website ) provided by LogoChief, whether or not in connection with the Website are excluded.
9.5 The PayPal online payment service is provided by PayPal Australia. LogoChief is not advising you to use PayPal and is not providing you with any personal financial advice in providing any information about PayPal. You should consider PayPal Australia’s terms and conditions of use, Product Disclosure Statement and other information relevant to your personal circumstances before deciding to sign-up for or use PayPal Australia’s services. Further information about PayPal can be obtained from https://www.PayPal.com.au.
10 Limitation of liability
10.1 To the extent that such any terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise is not excluded pursuant to clause 9.3, the liability of LogoChief for any breach of such term, condition or warranty etc. will be limited, at the option of LogoChief (as the case may be), to:
(a) the replacement of the goods, supply of equivalent goods or supply of services as applicable; or
(b) the refund of any payments made by you to LogoChief in respect of the goods or services.
11 Links
11.1 The Website may contain links to other websites which are controlled or offered by third parties not affiliated with LogoChief. We exclude any liability for, any information, materials, products or services posted or offered at any of the third party websites.
11.2 LogoChief does not endorse the content or otherwise recommend the goods or services offered, or the information or material contained in any third party website, and we are not liable for any failure of the goods or services offered or advertised at any third party website.
12 GST
12.1 In this clause, words and expressions which are defined in the GST Act have the same meaning given to them by the GST Act.
12.2 All amounts payable by you in connection with this Agreement are exclusive of GST.
12.3 If GST is or becomes payable on any supply made by, you must in addition to and at the same time as the payment for the supply, pay us an amount equal to the amount of GST on the supply.
12.4 This clause does not merge on completion or termination of this Agreement.
13 Termination
13.1 We may terminate this Agreement if:
(a) you fail to pay any amount due to us by the due date for payment;
(b) you breach any a provision of this Agreement and fail to remedy the breach within 10 days of us providing you with written notice specifying the breach and the remedy required; or
(c) you commit a breach of this Agreement which is not capable of being remedied.
13.2 Without limiting our rights under clause 13.1, we may terminate our agreement with you by giving you 10 days’ written notice, provided that we must refund all payments made to us by you in respect of that agreement.
14 Force- majeure
14.1 Notwithstanding anything to the contrary in this Agreement, LogoChief will not be liable for any failure or delay to perform its obligations under this Agreement if that failure or delay is due to circumstances beyond LogoChief’s reasonable control.
14.2 If the delay or failure to perform referred to in clause 14.1 exceeds 60 days, you may terminate this Agreement by written notice.
14.3 Clause 14.2 does not relieve or suspend your obligation to pay the Price and any other amounts payable to us up until the date of termination of this Agreement.
15 Dispute Resolution
15.1 Legal action
If a dispute arises out of or relates to this Agreement (Dispute) except where the party seeks urgent interim or interlocutory relief, a party may not commence any court, tribunal or arbitration proceedings relating to the Dispute unless it has complied with this clause.
15.2 Notification of Dispute
A party claiming that a Dispute has arisen must give written notice to the other party to this Agreement (Dispute Notice), which must state:
(a) the date of the Dispute Notice;
(b) that a Dispute has arisen; and
(c) the matters in Dispute.
15.3 Pre mediation Meeting
Representatives of each party must meet (Meeting) within 14 days of the Notice being served and attempt to resolve the Dispute. The parties acknowledge that all aspects of the Meeting (except the fact of its occurrence) will be confidential and without prejudice to any subsequent proceedings.
15.4 Appointment of a mediator
(a) If the parties cannot resolve the Dispute within 7 days after the date of the Meeting, they must appoint a mediator within 7 days.
(b) If the parties cannot agree on a mediator, or the mediator nominated by the parties is not available, the parties must ask the President of the Law Institute of Victoria to appoint a mediator. The parties agree to appoint the mediator nominated by the President of the Law Institute of Victoria.
15.5 Costs of mediation
Each party must pay an equal share of the costs of the mediation.
15.6 Mediation procedure
The mediator will have the right to determine the time, place and procedures for the mediation and the parties must allow the mediator:
(a) to conduct the mediation in a manner that is as informal as is consistent with the proper conduct of the matter; and
(b) to communicate privately with the parties or with their lawyers.
15.7 Terms of Settlement
(a) If the Dispute is resolved, the parties must record the terms of the resolution in writing (Terms of Settlement).
(b) The Terms of Settlement are binding on the parties and override the terms of this Agreement if there is any conflict.
15.8 If the Dispute is not resolved
(a) If the Dispute is not resolved within 30 days after the mediator was appointed or any further time period agreed by the parties in writing, the mediation will cease.
(b) Either party may commence legal proceedings when the mediation ceases.
15.9 Confidentiality and admissibility
The parties to the mediation agree that:
(a) the Terms of Settlement may be tendered in evidence in any legal proceedings between the parties for the purpose of enforcement;
(b) everything that occurs before the mediator will be in confidence and in closed session;
(c) all discussions will be without prejudice; and
(d) no documents brought into existence specifically for the purpose of the mediation process will be called into evidence in any subsequent litigation by either of the parties.
15.10 Survival of clause
This clause 15 survives the termination of this Agreement.
16 Relationship between parties
This Agreement does not create a relationship of employment, agency, partnership or joint venture between the parties.
17 Entire agreement
This Agreement constitutes the entire agreement between you and us in respect of its subject matter and supersedes all previous communications, representations, understandings or agreements between us.
18 Variation
18.1 We may, at our sole discretion, vary or modify this Agreement without notice. Any subsequent access to, or use of the Website by you will constitute an acceptance of those modifications.
18.2 You agree that any instructions for using or accessing the Website provided to you or posted on the Website from time to time form part of the Agreement.
18.3 No variation by you to this Agreement is valid unless previously agreed to in writing by us.
19 Assignment
Neither party may assign or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other party.
20 Waiver
No failure to exercise or delay in exercising any right given by or under this Agreement constitutes a waiver and any right may be exercised in the future. Waiver of any of the terms must be in writing and is only effective to the extent set out in that written waiver.
21 Severability
If any provision of this Agreement is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from this Agreement without affecting the validity or enforceability of the remaining provisions.
22 Jurisdiction
22.1 The Website is designed for use by Australian residents.
22.2 This Agreement and the use of the Website is governed and construed in accordance with the laws of Victoria, Australia.
22.3 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
Professionally Designed Logos / Thousands to choose from / Easy to Find, Try and Buy
|
|
|
|
Some of our sensational sample logos
 |  |  |
