Purchase Agreement

 

Welcome to http://www.logoemporium.com.au (our Site). 

 

Background 

    

Logo Emporium (ABN 57619908066) is a ReadyMade Brand Identity provider that allows you to purchase a Ready-Made Brand Identity that will be adapted to your existing business name.   

 

This Purchase Agreement (Agreement) forms a binding contractual agreement between you, the Client/User and Logo Emporium.   

  

These Terms in this Agreement are important and you should ensure that you read them carefully and contact Logo Emporium at hello@theluxeco.com.au if you have any questions before purchasing our Products and Services.  

  

This Agreement constitutes the entire and only agreement between the Client/User and Logo Emporium and supersedes all prior agreements, conduct, representations and understandings.   

  

By proceeding with your purchase, you confirm that have the legal capacity to enter into this Agreement and to be bound by its terms.  

 

ACCEPTANCE OF TERMS  

  1. By accessing, downloading or using the Products and Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.   
  2. We may change all or part of these Terms at any time.  If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Products and Services.  

 

CLIENT/USER DETAILS 

By purchasing or requesting to purchase a Ready-Made Brand Identity from our site you, The Client/User agree to the following: 

  1. You must provide accurate, complete and up-to-date information including Name, Business Names, Contact Details, as requested, and it is your responsibility to inform us of any changes to your provided information.    
  2. To the extent that you provide personal information, Logo Emporium will treat such information strictly in accordance with its Privacy Policy.

 

PRICING and PAYMENT  

  1. You can purchase Ready-Made Brand Identity from Logo Emporium by completing the Request to Purchase form, available on the website.
  2. Current prices for Ready-Made Brand Identities are as follows: 

$990 Inc. GST and include the following: 

Primary Logo, Secondary Logo, Brand Icon (all adapted to your business name), your chosen colour palette and font pairing from our library, and customized Style Guide. 

  1. All prices are in Australian Dollars. 
  2. All prices included GST for accounts with a registered Australian address. 
  3. Logo Emporium reserves the right to change fees and charges at any time without notice. Please check the website for updated fees and charges.
  4. All payments are required to be made online via PayPal or direct bank deposit. 

Online Payment Security   

  1. Credit card details of all account holders may be retained by the payment gateway used by Logo Emporium to process payments.   
  2. Logo Emporium uses PayPal at it’s third party payment gateway service.  
  3. If there is any issue with your payment, please contact us as soon as practicable, or at least within 3 business days of your discovering the issue and we will do our best to resolve any problems encountered.  You must provide the relevant documentation to allow us to do so.
     
  4. If your credit or debit card payment is declined by our payment gateway for any reason, Logo Emporium may invoice you for the cost of any merchant processing fee. 

 

REFUNDS   

Due to the custom nature of the product refunds are not available for any purchase, unless there is a breach of the Australian Competition and Consumer Act 2010.   

 

RIGHT TO TERMINATE   

Logo Emporium reserves the right to terminate your use of the Site, or our Products and Services generally if you breach these terms, as determined by us in our sole discretion.     

 

OWNERSHIP 

1. Assignment. When full payment of our fees has been madeyou will be granted full ownership of the finished design in the form of a license to use the completed Ready-Made Logo Design for your business. 

The license granted allows you exclusive rights to the Ready-Made Logo Design as delivered. You will not however, obtain any exclusive rights to any of the other individual components of the Ready-Made Brand Identity. These components include the font, colours, and/or other components which form part of the Ready-Made Brand Identity. These individual components remain the Intellectual Property of Logo Emporium, or, where licensed by a third party creator, are the Intellectual Property of that creator. 

2. Intellectual Property means:(a) copyright;(b) all rights conferred under statute, common law or equity in relation to inventions (includingpatents);(c) registered and unregistered trademarks;(d) registered and unregistered designs;(e) circuit layouts;(f) confidential information; and(g) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields; 

3. Permitted Use By Logo Emporium. Once Logo Emporium gives the work product to the Client/User and is paid in full, Logo Emporium will only have rights to the work outlined here: The Client/User gives Logo Emporium permission to use the logo design as part of it’s portfolio and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. Logo Emporium is not allowed to re-sell or otherwise use the logo design to make money or for any other commercial use.  

4. Exclusivity. Exclusivity applies only to the Logo Design. Additional assets delivered in the form of the Ready-Made Brand Identity are non-exclusive and remain under the ownership of Logo Emporium. These include but are not limited to the Colour Palettes and Font Pairings.  

5. Pre-Existing Material. The Client/User agrees to indemnify Logo Emporium against any pre-existing Intellectual Property rights owned by or licenced from a third party which may be used to create the Ready-Made Brand Identity or part of the Ready-Made Brand Identity. 

6Logo Emporium’sRight to use IP. The Client/User agrees to grant permission for the Logo Emporium to use the Client/User’s Intellectual Property for the sole purpose of the creation of the Ready-Made Brand Identity or part of the Ready-Made Brand Identity. 

7Logo Emporium’sPermitted UsesThe Client/User grants permission in the form of a licence for the Logo Emporium to use the Ready-Made Brand Identity in the following ways: as part of the Logo Emporium’s portfolio and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose.  

8Logo Ownership. At the completion of the works, TheClient/User is granted full ownership of the final logo design including Primary Logo, Secondary Logo and Brand Icon. 

9Colour The Client/User’s chosen Colour Palette will form part of the Ready-Made Brand Identity but is not included under the exclusive ownership license granted to the Client/User by Logo Emporium. 

10The Client/User’s chosen Font Pairing will form part of the Deliverables but is not included under the exclusive ownership license granted to the Client/User by Logo Emporium. These assets are governed by their own license and by using the fonts supplied the Client/User agrees to abide by these Copyright laws. 

11File Supply. Logo files are supplied electronically to theClient/User in print and web formats as EPS, PNG, JPEG and PDF. Print files will be supplied as high resolution PDF files. If other files types are required that can be arranged please specify when requesting to purchase, if unsure of file type required please explain your planned use. All original artwork and source files remain the property of Logo Emporium. Native files, or Original Artwork files are not available for delivery as part of the Ready-Made Brand Identity. 

12.Due diligence.We cannot guarantee that our Services or the Ready-Made Brand Identity are not identical or deceptively similar to trade marks, whether registered or unregistered, of a third party. Logo Emporium do not undertake market research, trade mark registrability research, business name research as part of our Services.  

 

COPYRIGHT AND INTELLECTUAL PROPERTY (Trademarks) 

  1. All material on this Site or otherwise delivered by Logo Emporium including (but not limited to) templates, text, graphics, (Our Content), is subject to copyright. 
  2. Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.  
  3. You acknowledge that you do not acquire any ownership rights by using the Site or our content.   
  4. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Logo Emporium
  5. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Logo Emporium, in any manner that is likely to cause confusion with customers, or in any manner that disparages Logo Emporium.
  6. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission. 
  7. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Logo Emporium will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights. 

   

ACCOUNT HOLDER/USER OBLIGATIONS 

 When using our Services, you agree to the following 

  1. You shall use any Ready-Made Brand Identity in a commercially reasonable manner that will not harm the reputation of Logo Emporium.
  2. You shall not use the Ready-Made Brand Identity in any pornographic, illegal, libelous, scandalous, or such other manner that would tend to damage the image and reputation of Logo Emporium.
  3. You shall not resell or market any Ready-Made Brand Identity, or utilise the Ready-Made Brand Identity for any other purpose than expressly granted in this Agreement.  

 

GENERAL DISCLAIMER  

  1. All Logo Emporium Products and Services are intended for general education and information purposes only.   
  2. Logo Emporium provides Ready-Made Brand Identities, guidance and tools for small business, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility.   
  3. Your success depends on many factors, including your personal business and marketing skills and background and application.  
  4. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.    
  5. You acknowledge and agree that Logo Emporium, its employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.   

Earnings and Income Disclaimer 

  1. Logo Emporium cannot and does not make any guarantees about your ability to get results or earn any money with our Ready-Made Brand Identity, templates, tools, ideas, information or strategies.    
  2. You acknowledge that there is an inherent risk in any business enterprise or activity and there is no guarantee that you will earn any money as a result of your purchase of our Products or Services. 

LIABILITY IS LIMITED   

  1. The disclaimers, liability limitations and indemnities within these Terms do not exclude your rights those under Australian Consumer Laws.   
  2. Logo Emporium does not make any express or implied representation or warranty about, or shall be liable, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site or Our Content.    
  3. Logo Emporium is not liable and does not accept any liability for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or Our Content. 
  4. Logo Emporium does not endorse any opinion, advice or statement made by any person other than us.  
  5. You agree that we will not be liable for any loss or damage which you incur as a result of use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site or Online Community including hyperlink to or from third party websites.  

 

 INDEMNITY  

  1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.  
  2. Logo Emporium is not responsible for, and expressly disclaims all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our products or services.    

 

LINKS TO THIRD PARTY WEBSITES   

  1. This Site may include links to other websites maintained by third parties which are not under the control of Logo Emporium (Linked Sites).  
  2. Linked Sites are made available to you solely as a convenience, and the inclusion on the Site of links to Linked Sites does not imply endorsement by Logo Emporium of the Linked Sites.  
  3. You access Linked Sites at your own risk and by accessing them you leave the Site.   

 

DISPUTE RESOLUTION   

  1. Client/User Assistance. The Client/User agrees to cooperate with Logo Emporium at the Client/User’s own expense in the handling of any disputes, complaints, investigations or litigation that may arise as a result of your use of the Ready-Made Brand Identity or services. 
  2. Should a dispute arise between us, we strongly encourage you to contact Logo Emporium at hello@theluxeco.com.au to seek a resolution.   
  3. Any reasonable requests will be considered and Logo Emporium will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation 


 

APPLICABLE LAW   

  1. These Terms shall be construed in accordance with and governed by the laws of the State of Victoria, Australia.  
  2. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between you and Logo Emporium. 

 

 YOUR FEEDBACK  

  1. We welcome enquiries or feedback on our Site.  
  2. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.  

 

If you have questions or comments regarding this Site, or Logo Emporium products or services, please email us at hello@theluxeco.com.au