Unaustralian

Terms and Conditions of T-Shirt slogan and or T-Shirt image submission

Definitions:

"Breakeven"
means the sales volume at which the revenue from the sale of Garments bearing the Submitter's Design Proposal is equal to Unaustralian's setup costs in relation to producing that Design Proposal plus the total production and distributions costs per unit of producing and selling Garments bearing the Submitter's Design Proposal.


"Design Proposal"
means any text, image or combination of text and image submitted to Unaustralian by any person, any group of persons or any organisation, association or body corporate.


"Garment"
means any t-shirt or shirt produced by Unaustralian bearing the Submitter's Design Proposal.


"Submitter"
means the person, group of persons, organisation, association or body corporate, as the case may be, who are submitting a Design Proposal to Unaustralian.


"Unaustralian"
refers to Unaustralian Pty Ltd ACN 114 246 954 trading as Unaustralian.


Wherever words defined in the Definitions section appear in the plural form, the meaning of that plural word shall have the meaning that is the same as the meaning of the plural of the word that is defined in the Definitions section. Other derivatives of words appearing in the Definitions sections, as well as words from the Definitions section that appear in the possessive form, shall have the meaning that would ordinarily be implied from the defined word, taking into account the meaning of the word as defined in the definitions section.

Terms and Conditions:

  1. The definitions appearing above form part of these terms and conditions.

  2. The Submitter warrants that their Design Proposal is original and that to the best of his or her knowledge no other person or organisation holds any intellectual property rights or other rights in relation to the Design Proposal.

  3. Subject to these terms and conditions, the Submitter agrees to assign any intellectual property rights or other rights that they hold in relation to their Design Proposal to Unaustralian. The rights assigned under this clause shall include any rights that come into existence at the time the Submitter creates or submits the Design Proposal.

  4. Unaustralian agrees to surrender any intellectual property rights or other rights assigned to Unaustralian under these terms and conditions in favour of the Submitter in the event that Unaustralian does not provide the Submitter with a Garment bearing the Submitter's Design Proposal within ninety (90) days commencing from the time the Submitter originally submitted their Design Proposal to Unaustralian.

  5. Any information provided to Unaustralian by the Submitter shall not be disclosed to any third party except where it is necessary in the provision of Unaustralian's products and services, where necessary to complete a financial or other transaction between Unaustralian and the Submitter, where required to do so by law or where the Submitter's consent has been provided.

  6. Unaustralian agrees to pay to the Submitter AUD 1.00 for the sale of each Garment bearing the Submitter's Design Proposal as are over and above the volume of sales at which the Garment reaches Breakeven. Payment shall be made monthly by electronic funds transfer to a bank account nominated by the Submitter no later that 30 days from the end of the calendar month in which an applicable Garment sale is completed. Where payment is made to a bank account that is not held with an Australian branch of a bank operating in Australia, any costs incurred by Unaustralian in making such payment to the Submitter shall be deducted from the proceeds to be paid to the Submitter.

  7. Design Proposals may only be submitted to Unaustralian by sending the appropriate information to Unaustralian via the ‘Submit Your Own’ page of the unaustralian.net.au website. No amount will be payable to any person for any Design Proposal or other Submission received by Unaustralian through any other means.

  8. Unaustralian is under no obligation to provide the Submitter or his or her agents or representatives with any information in relation to production costs, production volumes, sales revenues, sales volumes, marketing costs, distribution costs or any other information in relation to the production or sale of Garments bearing the Submitter's Design Proposal or any other products or services sold or offered for sale by Unaustralian.

  9. Unaustralian is solely responsible for all decisions relating to production, distribution, pricing, advertising and marketing of Garments bearing the Submitter's Design Proposal.

  10. Unaustralian may alter the Submitter's Design Proposal where such alteration is necessary to produce any Garment. Any such alterations that materially alter the Submitter's original Design Proposal shall be made in consultation with the Submitter. Any alteration made to the Submitter's Design Proposal for the purposes of reproducing the Design Proposal for purposes other than the production of a Garment are made solely at the discretion of Unaustralian.

  11. Unaustralian accepts full responsibility in the event of any action taken regarding any breach of intellectual property rights or other rights by any third party in relation to the Submitter's Design Proposal, on the condition that the Submitter has submitted their Design Proposal to Unaustralian in good faith and that to the best of the Submitter's knowledge no other person or organisation holds any intellectual property rights or other rights in relation to the Design Proposal.

  12. In the event that the Submitter's Design Proposal is identical or similar to any Design Proposal, image, product or slogan that is already owned, held or in the possession of Unaustralian at the time of the submission, Unaustralian shall promptly advise the Submitter of this fact. Unaustralian will not pay the Submitter of such a Design Proposal any amount for the sale of any Garment bearing such a Design Proposal.

  13. By Submitting a Design Proposal to Unaustralian the Submitter agrees to be bound by these Terms and Conditions.