These Terms and Conditions (Terms), Privacy Statement, and any disclaimer notice, as well as any or all Agreements, are referred to as: You, the individual visiting this website and adopting the Company's terms and conditions, are referred to as "Customer," "You," and "Your." Our Company, LOGO GUIDER, is referred to as "the Company," "Ourselves," "We," and "Us." Both the Customer and ourselves, or either the Customer or ourselves, are referred to as "Party" or "Parties." The term "Product" refers to a one-of-a-kind product that our Company offers as a result of our commitment and services ("Services"). All terms refer to the offer, acceptance, and payment consideration required to complete the process of Our assistance to the Customer in the most appropriate manner, for the express purpose of meeting the Customer's needs in respect of provision of the Company's stated services, in accordance with and subject to prevailing India Law. Any use of the above language, as well as other words in the singular, plural, capitalization, and/or he/she or they, is assumed to mean the same thing.
The Website allows You to purchase a Logo Guider for a price, and We reserve the right to sell additional services to Your order, such as but not limited to edits, revisions, or upgrades (collectively "Services"), as indicated on the website. From time to time, we may add, remove, or alter Services. We may use third-party service providers ("Service Providers") to supply some Services from time to time.
Your privacy is extremely important to us. As part of Our commitment to offer the services for which Our Customers have paid, we will only use information collected from individual Customers, notably email addresses, to process and deliver orders. Furthermore, as part of our ongoing effort to provide you with better products/services, we will use your email address to advertise our other products/services. You can unsubscribe at any time by clicking the unsubscribe link in any of our emails. To provide the best possible service to our customers, we will continually review our systems and data. Unauthorized actions against computer systems and data are punishable with specific penalties. Any such actions will be investigated, with the goal of prosecuting and/or filing civil lawsuits against those responsible.
In order to use Our Services, You will be automatically created an account (a "Logo Guider Account") with a generated password (which you can change later at Your initial log in). Your Logo Guider Account is required for Us to send, store, and serve your Logo Guider in a secure manner. We will ask You for information during the first order process, which may include, but is not limited to, Your name, email address, and other personal information. To comply with Our account registration criteria, you must supply accurate, complete, and current information. Otherwise, due to erroneous, false, or missing information, We reserve the right to change the account type, suspend, or terminate such Logo Guider Account.
You are entirely responsible for every activity that takes place under Your Logo Guider Account. It is therefore critical that You maintain Your account private. In the event that.
You may disclose your Confidential Information to Us over the course of Our relationship. We agree to keep Your Confidential Information confidential and not reveal it to any third parties unless You expressly authorise us to do so in writing, and we will use it for no other reason than to provide the Services. Only those employees, officers, directors, contractors, representatives, and agents who are involved in delivering Services to You will have access to Your Confidential Information. For the purposes of this Agreement, "Confidential Information" refers to non-public or private information, such as data about existing or future business, products and services, strategies, pictures, development, design and design details, marketing plans, and so on.
Notwithstanding anything in this Agreement to the contrary, the following information is not Confidential Information: (a) information that was in the public domain at the time of disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breach of this Agreement; or (d) information that has become public domain without breach of this Agreement.
Any and all information about the Customer and their Customer Records may be shared with third parties. Customer records, on the other hand, are considered secret and will not be disclosed to any third parties, with the exception of Our Service Providers and if legally required to do so by the authorised authorities. Your personal information will not be sold, shared, or rented to a third party. However, we reserve the right to use your e-mail address to advertise any new services or products, including those currently or in the future invented or sold by our affiliates or partners. You may also receive product offers in the form of marketing emails from us as a way of offering better services and offers to Our loyal clients. You may, however, opt out of receiving such notifications at any time by clicking the unsubscribe option in the email.
This website's information is given on a "as is" basis. This Company, to the best degree permissible by law:
disclaims all representations and warranties relating to this website and its contents, including any inaccuracies or omissions in this website and/or the Company's literature, which are or may be provided by any affiliates or other third parties; and
disclaims any and all liability for damages arising from or related to Your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not such loss was foreseeable, arose in the ordinary course of things, or You have advised this Company of the possibility of such potential loss), damage to Your computer, computer software, systems and programmes, and the data stored on them, as well as any other direct or indirect, consequential or incidental damages.
disclaims all duty for any unauthorised use, misplacement, infringement, or other illegal act committed by a third party in connection with Your Logo Guider signature(s) created in Your Logo Guider order.
You understand and agree that You will be the sole owner of the Logo Guider signature(s) created in Your Logo Guider order only when the Logo Guider signature(s) is/are final, and that You will not assume any further revisions, changes, or substitutes until all fees associated with Our Services have been paid in full.
Sole ownership shall be limited to the finished product, which includes all.pngs files produced in response to Your order and approved by You. If You want to make additional changes that are not covered by Our free revisions policy (see item 7.3), You will be charged separately for requested modifications made through Customer Support or any other contact channel with Us. In this situation, You agree to allow Us to create a derivative work based on Your intellectual property, and the intellectual property rights in such derivative work will be expressly assigned to You following final approval of all changes and complete payment for the Services.
However, We reserve the right to advertise Our services using the Logo Guider signature(s) established in Your Logo Guider order, and You agree to grant Us a non-exclusive, royalty-free, indefinite licence to market Our Services in whole or in part using Your Logo Guider signature(s).
We will make every effort to give You with a unique Logo Guider signature, but owing to design or format issues, there may be some similarities with other customers' signatures. We shall accept NO responsibility and/or liability for the usage of other customers of signatures made for them that bear likeness or resemblance to Your Logo Guider signature, even if You have filed or acquired for the trademark of Your Logo Guider signature without our knowledge. We will not be held liable for infringing on Your brand in any way if the premises are examined. ‘ We are not liable if Your Logo Guider signature(s) provided by Us, whether intentionally or unintentionally, match the Logo Guider signature(s) of another firm, product, or person in whole or in part, resulting in or being deemed copyright and/or trademark infringement.
The aforementioned terms, as well as any other provisions relating to Your Logo Guider signature, apply to any and all services offered by Us now or in the future, as well as when You choose to have Your Logo Guider signature designed by Our lead designer for an additional fee.
Logo Guider® Revisions and Changes
You agree that all information supplied during the checkout process is correct and reviewed by you once your order has been placed and validated.
You have ten (10) calendar days from the time you receive your Logo Guider signature(s) to approve or request modifications before it is considered official. You are not entitled to any free revisions once your Logo Guider signature is finalised, unless otherwise stated in Our Terms of Service.
Before Your Logo Guider signature(s) is declared final, You are entitled to three (3) free modifications to address the changes You want to make. Changes to the signature itself, however, will only be minor redesigns and individual letter redesigns. We can only resize the undertags within the authorised revisions. Changes in colour and name spelling are subject to a fee/charge unless the error is made by Us without Your cooperation.
Any changes that go beyond the scope of the free revisions must be paid for individually using any means of payment that the Company deems valid. If You require extended revisions in addition to those listed in item 7.2, You will be charged a flat rate of $15 per revision.
If the requested changes are more than a mere revision and instead constitute a completely new product that is significantly different from the previous version of the product submitted for changes, or if such revision is included in Our Premium Service package or any other paid (upgrade) Services that require a higher fee payment, We reserve the right, in Our sole discretion, to request a higher rate for such revisions, which You must submit before We proceed with c.
If You purchased the Logo Guider VIP Experience product, You are entitled to many rounds of revisions, up to the number mentioned on Our website at the time of purchase. This product's updates include partial and/or total redesign, but do not include changes to the information provided by You at the time of ordering (as specified under item 7.1).
You agree that by using the Website and Services, you will not:
break any applicable governmental or judicial laws, regulations, rules, ordinances, statutes, requirements, codes, or orders, or any third-party terms and conditions applicable to any Services that You use;
order any Service or otherwise use any Service in a way that is unlawful (or promotes unlawful activities); harmful; threatening; fraudulent, deceptive or misleading; harassing; discriminatory; libellous; defamatory; vulgar; pornographic; obscene; infringing on another's right of privacy, publicity, or other rights; infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights; or inf.
impersonate another person or entity, falsely assert or otherwise misrepresent Your affiliation with another person or entity, or give misleading information;
infringe or attempt to violate the Website's or Services' security;
reverse-engineering, decompiling, or disassembling any part of the Website or Services;
use automated means to "scrape" information from the Website or Services;
obstruct other people's ability to utilise the Website or Services;
We reserve the right to utilise any publicly available testimony under Your Logo Guider signature display post in any and all social media accounts for the promotion, marketing, and advertisement of Services. In such cases, We usually request additional permission; but, if such permission has already been granted, You acknowledge that any further withdrawal of such permission will be null and void.
You agree to indemnify, defend, and hold Company and its affiliates, as well as their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the "Indemnified Parties"), harmless from and against any and all losses, damages, liabilities, and costs, including reasonable Solicitors' fees, incurred by any of the Indemnified Parties in connection with any claim We will not be accountable for any amount in excess of the sum paid for the Services requested.
You recognise and accept that the product We create for You is a bespoke artistic work, and as such, You will not be entitled to a refund or replacement if You simply do not like it. We strive to offer You with a logo that you love, but we cannot promise your complete satisfaction. This is especially true considering your right to the number of revisions specified in item 7 of these Terms and Conditions. Please keep in mind that our rates and estimates are subject to change at any time.
You agree to close or withdraw any PayPal dispute, credit card processor dispute, or other similar dispute in relation to the payment of the fee You paid to Us within 24 hours of us, PayPal, or any other relevant provider ("Payment Provider") providing You with evidence that We have sent You the Product if You or another person on Your behalf opens/commences such dispute. If You do not resolve or withdraw the dispute, you hereby authorise and order the Payment Provider to resolve or withdraw the dispute based on the provision of these terms and conditions by Us to the Payment Provider, as well as a copy of the Product delivery by Us to You. You do not hold any intellectual property rights to a Product provided by Us unless your order has been paid in full. Any and all intellectual property rights will be given back to the Company if the payment is withdrawn. You agree to hold Us harmless for any loss or damage we may experience as a result of Your failing to meet Your responsibilities under this provision. In relation to the Product you purchased, you are entitled to the number of revisions mentioned on the Website.
Company may modify these Terms at any time by posting changes on the Website; however, I these changes will only become effective and binding with respect to You after Company provides notice on the Website that these Terms have changed and You first use any of the Website following the date of such posting, (ii) the changes will only apply to Your use of the Website after such changes become effective, and (iii) any change in payment obligations will only apply with respect to Your use of the Website after such changes become effective, and I If You find these Terms undesirable at any time and do not agree with them, You will no longer be able to use or access the Website or Services.
The parties submit to the jurisdiction of the Court of Kolkata, India, regardless of conflicts of law rules, and Kolkata, India Courts are competent to hear appeals from them. Please use our contact page if you have any queries or need clarification on our terms and conditions, or if you want to seek data deletion.
Date of Incorporation: December 7, 2021
Logo Guider provides this SMS message application as a service. You consent to receive recurring automatic promotional and personalised marketing text communications (e.g., SMS/MMS cart reminders, sale notices, etc.) from Logo Guider by submitting your cell phone number. These messages may include text messages sent by an automated telephone dialling system to the mobile phone number you gave when signing up or to any other number you provide. Unless and until you stop authorization per these Terms & Conditions, you give Logo Guider permission to send text messages to the enrolled cell phone number through your cellular phone carrier. Any transaction does not require consent to receive automated marketing text messages. Rates for messages and data may apply.
The frequency of messages may vary. Logo Guider retains the right to change the frequency with which messages are sent at any time in order to increase or decrease the total number of messages sent. Logo Guider also maintains the right to alter the short code or phone number from which messages are issued, in which case we will tell you.
Our messages may not be delivered in all places, and not all mobile devices or phones may be supported. Logo Guider, its service providers, and the mobile carriers that participate in the programme are not responsible for messages that are sent late or not at all.
To cancel, text STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT to the phone number, long code, or short code that receives our initial confirmation message. You will receive a further message confirming that your request has been processed after texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT to the telephone number, long code, or short code that sends you our original confirmation message. It may take up to 48 hours for your preferences to take effect after you make a change. You agree that our text message platform may not recognise and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, and that Logo Guider and its service providers are not liable if such requests are not honoured. You may continue to receive text messages from Logo Guider through any other programmes you have joined until you unsubscribe from those programmes independently.
To receive a text with instructions on how to unsubscribe, text the keyword HELP to the phone number, long code, or short code that sends you our initial confirmation message.
YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER Logo Guider NOR ANY PARTY ACTING ON BEHALF OF Logo Guider SHALL BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING YOU AGREE EVEN IF Logo Guider HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS ARISING FROM OR RELATED TO YOUR USE OF THE Logo Guider MESSAGING PROGRAM. Logo Guider AND ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR THIRD-PARTY ACTIONS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN MESSAGES TRANSMISSION.
You agree to indemnify, defend, and hold Logo Guider, its directors, officers, employees, servants, agents, representatives, independent contractors, and affiliates harmless from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys' fees, judgments, or penalties of any kind or nature arising from or in relation to these Messaging Terms or your receipt of messages.
Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Logo Guider or its service providers, regardless of whether the dispute or claim is based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the dispute or claim arises, will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO THESE MESSAGING TERMS, YOU AND Logo Guider ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR CLASS ACTION, AND THAT THESE MESSAGING TERMS WILL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Despite subsection (a) above, nothing in these Messaging Terms will be construed as waiving, precluding, or otherwise limiting your or Logo Guider's right to: I bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit.
YOU AND Logo Guider AGREE THAT YOU AND Logo Guider MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PRETENDED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and Logo Guider agree in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any sort of representative or class proceeding. By accepting these Messaging Terms, you and Logo Guider agree to waive your right to a jury trial and your right to participate in a class action, collective action, private attorney general action, or other representative procedure of any type.
Regardless of anything else in these Messaging Terms, if Logo Guider changes this arbitration provision in the future, you may reject the change by sending us written notice within 30 days of the change to Logo Guider's contact information provided in the "Contact Us" section below, in which case this arbitration provision, as it existed immediately prior to the changes you rejected, will continue to govern any disputes between you and Logo Guider.
If any term of these Messaging Terms is found to be unenforceable, that provision will be struck, and the rest of the Messaging Terms will remain in full force and effect.
At any moment, we have the right to amend these Messaging Terms or terminate the messaging service. You accept the Messaging Terms with those changes if you use and accept messages from Logo Guider after we make changes to the Messaging Terms. Please review these Messaging Terms on a frequent basis.
These Messaging Terms, along with any changes and supplementary agreements you may engage into with us in connection with the Messaging Program, will comprise the complete agreement between you and Logo Guider regarding the Messaging Program.
Please email us at [EMAIL] with any questions or problems, or write to us at [ADRESS]