Brand Victor Harbor Terms & Conditions of Use

Purpose

The Victor Harbor Brand is an initiative of the City of Victor Harbor in partnership with Business Victor Harbor, with the aim of creating a positive impression of Victor Harbor as a destination to visit, work, live and invest.

The Victor Harbor Brand and related assets are intended to be widely used by Victor Harbor businesses and businesses the deliver services or develop products originating from the Victor Harbor Local Government area.

These Terms and Conditions of Use (Terms) outline the conditions upon which the Materials are provided for fee-free community and business use.  These Terms are to be read in conjunction with the Victor Harbor Brand Application Form, located at www.brandvictorharbor.com.

Please read these Terms in their entirety before you download any Materials, including the Victor Harbor Brand.

1. Licence

These Terms constitute a binding agreement between you and the Licensor to the use of the material on the Website and the Victor Harbor Brand (together, the Materials).

2. Eligibility for use

To be eligible for use of the Materials, you must, or your business or organisation must, have a sufficient relationship with the local government area of Victor Harbor, demonstrated in any one or more of the following ways, by you, your business or organisation (as applicable):

  • source a substantial amount of inputs, ingredients or components in Victor Harbor (that is, not less than 30% by value must be sourced or generated in Victor Harbor); or
  • maintain a substantial presence in Victor Harbor (that is, not less than 30% of your total operations must be based in Victor Harbor); or
  • maintain headquarters or offices in Victor Harbor; or
  • can otherwise demonstrate to the reasonable satisfaction of the Licensor, a substantial nexus to Victor Harbor.

A determination of whether you or your business or organisation meets the above criterion will be at the sole discretion of the Licensor.

Terms and conditions of use

In downloading or using any Material from the Website, including but not limited to the Victor Harbor Brand, you agree to be bound by these Terms. To avoid doubt, These Terms apply whether or not:

  • you have checked the “I agree” box; or
  • your use has been approved under clause 2 of these Terms.

Subject to the approval of your eligibility under clause 2 of these Terms, the Licensor grants to you, a non-exclusive, fee-free, non-transferable right to use the Victor Harbor Brand for the sole purpose of marketing and advertising your business or product and Victor Harbor generally (“Permitted Purpose”).

The Licensor reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on the Website. By continuing to access this Website and using the Victor Harbor Brand, you agree to be bound by these Terms as amended.

These Terms are governed by the laws in force in South Australia.

In providing the Victor Harbor Brand for use, the Licensor does not provide any guarantee or other promise that use of the Victor Harbor Brand will be beneficial to your business.

Intellectual property

Intellectual property in the Website (including the Materials, Victor Harbor Brand logos, text, graphics, logos, icons, sound recordings, video clips and software) is owned or licensed by the Licensor, unless otherwise noted in the description of the Material.

Except as expressly authorised by these Terms or any applicable laws (including the Copyright Act 1968 (Cth)), you may not in any form or by any means: adapt, reproduce, store (including download), distribute, print, display, perform, publish or create derivative works from any part of the Website (including the Victor Harbor Brand); or commercialise any information, products or services obtained from any part of the Website, without the written permission of the Licensor.

You must adhere to any copyright restrictions or other notices that appear on images or files you wish to download or print.

Conditions of use of Victor Harbor Brand

Any licence granted under these Terms does not include a right to sub-license any Material to a third party, without the written permission of the Licensor.

The Licensor provides the Victor Harbor Brand for use on the basis of a one-off, non-exclusive right in accordance with these Terms and the Victor Harbor Brand Guidelines.

Any misuse of the Victor Harbor Brand will result in a breach of these Terms.

Material must only be used for the Permitted Purpose.

You must not use the Materials, to display Victor Harbor in a disparaging, offensive or otherwise negative way, or in any way that could reflect adversely or bring harm or disrepute on the Licensor, Business Victor Harbor or the area known as Victor Harbor itself, as determined by the Licensor, in its sole discretion (“Offensive Use”).

Where the Licensor determines that you have engaged in Offensive Use, the Licensor may:

  • require that you immediately cease that use of the Materials; and/or
  • terminate your right to use the Materials.

Your use of the Victor Harbor Brand must comply with:

  • all applicable laws, regulations, guidelines and decisions of judicial or regulatory bodies;
  • any other proprietary rights of third parties; and
  • the Website, the Victor Harbor Brand Guidelines, and these Terms.

You must comply, and you must ensure that you conduct your business to comply, with all relevant industry standards (including those outlined within the lodged application) and practices and all applicable laws and regulations.

You must comply with any reasonable directions of the Licensor in relation to your use of the Materials.

Commencement, duration and termination of right

Your right to use the Materials commences on you checking the “I agree” box and will continue until the earlier of:

  • your use is terminated under clause 5 for Offensive Use; or
  • your use is terminated by the Licensor because of a breach of these Terms which is not remedied within a reasonable time following a written request from the Licensor, or is not capable of remedy; or
  • a certification trade mark for the Victor Harbor Brand is registered by the Licensor; or
  • the Licensor notifies you in writing that the Victor Harbor Brand strategy is being terminated or substantially modified; or
  • the agreement between you and the Licensor is terminated.

The Licensor will use reasonable endeavours to provide reasonable notice in the case of any proposed changes to the Victor Harbor Brand strategy.

Definitions

In these Terms:

Destination Brand Management Committee means a committee established by the Licensor (in partnership with Business Victor Harbor) for the purposes of the developing and marketing the Victor Harbor Brand and related strategy.

Licensor means the City of Victor Harbor ABN 87 414 753 632 of 1 Bay Road Victor Harbor SA 5211

Material or Materials is defined in clause 1 of these Terms.

Offensive Use is defined in clause 5 of these Terms.

Permitted Purpose is defined in clause 3 of these Terms.

Victor Harbor Brand Guidelines means the Licensor’s document of the same name, setting out the rules and guidelines relating to the use of the Victor Harbor Brand.

Victor Harbor Brand means being the visual identity for Victor Harbor in all of its iterations set out in the Victor Harbor Brand Guidelines, including all logos (registered and unregistered), positioning statement and images.

Website means this website

www.brandvictorharbor.com and its pages, but does not include any links to third party websites, pages or documents, or any links to pages hosted by the Licensor, which carry a different domain name.

Please be reminded that the Victor Harbor Brand is a “Destination Brand”. As a destination brand, it is a visual identifier designed to convey the amalgamation of positive perceptions, thoughts and feelings that customers hold about Victor Harbor. It is designed to trigger:

  • a consistent and growing “story” of positive perceptions;
  • thoughts and feelings of Victor Harbor as a creative, innovative and industrious place;
  • that Victor Harbor is a fantastic place to live in, work in, invest in, play in, migrate to, study in, visit, consume the products and services from, engage with and do business in.

As a Destination Brand, the Victor harbor Brand is a visual identity to show who we are, where we are and what we offer.

It’s about being synonymous with Victor Harbor. It’s about distinguishing ourselves from other destinations. It’s about representing us all.

It is not a Certification Trademark, nor is it a “Place Of Origin” brandmark. Accordingly, it is neither designed nor intended to be used as a Certification Trademark, nor is it designed or intended to be used as a Place Of Origin brandmark. It is not to be deployed as a “credence claim”.

You are responsible for ensuring your own compliance with your obligations under the Competition and Consumer Act 2010 (Cth) (CCA). The Licensor will not be held responsible for any breach of the CCA by you.

You are advised to seek independent legal advice in order to ensure your compliance with these Terms.

February 2023

Become a Brand Partner

We invite Victor Harbor businesses to become brand partners. Together, we can showcase our beautiful region and bring greater economic activity and prosperity to our City.

“I would absolutely encourage as many businesses to get involved with the brand as possible. This is one of those times where I think you need to justify why you’re not getting involved with the brand.”

Tom Consetino, Margo Consulting