Terms of Service & Policies

Plain-English summary (not a substitute for the full Terms)

This summary is here to help you understand the key points. It is not legally binding — the numbered Terms below are what governs our relationship.

• MILCO.shop sells pre-designed brand identities in different styles and tiers, a bit like buying a template.
• Because many of our styles are pre-built and sold to more than one customer, other businesses — possibly in your industry — may end up with a brand that looks similar to yours. Only our custom studio work is exclusive to you.
• We do not register, search, or guarantee trademarks. Making sure your brand name and logo are available, lawful, and protected is your responsibility, not ours.
• Some styles use third-party fonts, images, or icons that you may need to license separately for ongoing use.
• Payment is 100% upfront. You still have full rights under the Australian Consumer Law, which we can't take away.

1. About these Terms and who we are

1.1 MILCO.shop is operated by The Trustee for MILCO Trust (ABN 39 785 627 478) ("MILCO", "we", "us", "our"), a creative studio based in Adelaide, South Australia.

1.2 "You" and "your" means the person or business entity purchasing or using MILCO.shop. If you are entering into these Terms on behalf of a business, you confirm you are authorised to bind that business.

1.3 These Terms, together with any order confirmation, tier description, or written quote we provide, form the entire agreement between you and us for your purchase (see clause 19).

2. Definitions

In these Terms:

• Brand Identity means the collection of design assets we provide for a given product, which may include a logo, colour palette, typography selections, layout elements, and supporting files.
• Brand Style means a pre-designed brand identity offered at our entry tier and made available to multiple customers.
• Ready-Made Brand means a sector-specific showcase brand identity offered through MILCO.shop.
• Build Your Style means a semi-customised brand identity built on top of one of our base styles.
• MILCO Brand Builder™ means our proprietary method, framework, templates, and underlying systems used to produce Brand Identities, which remain our property at all times.
• Deliverables means the final files and assets we provide to you for your chosen product.
• MILCO Materials means our processes, source files, templates, design systems, know-how, and any pre-existing or underlying intellectual property.

3. Our products and how MILCO.shop works

3.1 MILCO.shop offers brand identities across several tiers, currently: Brand Styles, Ready-Made Brands, and Build Your Style. Each tier differs in price, level of customisation, what you receive, and — importantly — whether the design is exclusive to you (see clauses 4 and 5).

3.2 The specific inclusions, file formats, number of revisions, and turnaround times for each product are set out on the relevant product page or in your order confirmation, which forms part of these Terms.

3.3 Brand identities are creative works. We produce them with skill and care, but brand design is subjective, and we do not warrant that any product will achieve any particular commercial, marketing, or branding outcome for your business.

4. Non-exclusivity of brand styles (please read carefully)

This clause is important. Please make sure you understand it before purchasing.

4.1 Our Brand Styles are pre-designed templates created to be licensed to multiple customers. They are not unique or exclusive to you.

4.2 You acknowledge and agree that:

(a) the same or a substantially similar Brand Style may be sold to, and used by, other businesses, including businesses operating in the same industry, sector, or geographic area as you, and including your competitors;

(b) Build Your Style products are customised from shared base styles, which reduces but does not eliminate the possibility that another business has a visually similar brand;

(c) the underlying MILCO Brand Builder™ method, components, and design systems are reused across our products and remain available for us to use with other customers regardless of the tier you purchase.

4.3 We give no warranty, representation, or guarantee that any Brand Style, Ready-Made Brand, or Build Your Style product is, or will remain, unique, distinctive, or unused by others.

4.4 To the maximum extent permitted by law, we are not liable for any loss, damage, confusion, dilution, reputational impact, lost sales, or other consequence arising from your brand resembling, or being confused with, the brand of any other business.

4.5 If brand exclusivity is essential to you, you should contact us about a custom engagement before buying at info@milco.au.

5. Intellectual property and licensing

5.1 MILCO Materials remain ours. All right, title, and interest in the MILCO Brand Builder™, our templates, design systems, source/working files, processes, and any pre-existing intellectual property remain owned by MILCO at all times. Nothing in these Terms transfers ownership of MILCO Materials to you.

5.2 What you receive depends on the tier you purchase. The rights granted for each tier are outlined below. Where there is any inconsistency, your order confirmation prevails.

• Brand Styles include a pre-designed brand identity. You receive a non-exclusive, perpetual licence to use the Deliverables for your business. The design is not exclusive, meaning it may be sold to multiple customers.

• Ready-Made Brands provide a sector-specific showcase identity. You receive a non-exclusive, perpetual licence to use the Deliverables for your business. While the licence itself is non-exclusive, the selected brand is sold as a one-off, meaning it will not be sold to another customer after purchase.

• Build Your Style includes a customised brand identity created from one of our existing base styles. You receive a non-exclusive, perpetual licence to use the Deliverables for your business. The customised arrangement created for you is unique, however the underlying base style remains the property of MILCO and may be reused in future projects.

• Custom includes a fully bespoke brand identity created specifically for you. Upon full payment, ownership of the final bespoke Deliverables is assigned to you, excluding MILCO Materials such as underlying tools, fonts, and stock assets. Your bespoke artwork is exclusive to you, subject to these exclusions.

5.3 Licence grant (template tiers). For Brand Styles, Ready-Made Brands, and Build Your Style, we grant you a worldwide, non-exclusive, non-transferable, perpetual licence to use, reproduce, and display the Deliverables for the operation, marketing, and promotion of your own business. You may not resell, sub-licence, redistribute, or make the Deliverables available to third parties as design templates, nor use them to operate a competing brand-design service.

5.4 Moral rights and credit. We reserve the right to identify ourselves as the creator and to display the work in our portfolio and marketing, unless we agree otherwise in writing.

5.5 No rights until paid. You acquire no licence or ownership in any Deliverable until we have received the full purchase price.

6. Trademarks — your responsibility

This clause is also important. Please read it carefully.

6.1 We do not provide trademark services. As part of any MILCO.shop product, we do not:

(a) conduct trademark, business name, or domain name searches or clearances; (b) register, apply to register, or maintain any trademark on your behalf; (c) assess whether your chosen brand name, logo, or design is available, distinctive, or registrable; or (d) advise on whether your brand may infringe the rights of any third party.

6.2 It is your sole responsibility to satisfy yourself, before and after purchase, that:

(a) your chosen business name, brand name, and any wordmark are available and lawful for you to use; (b) your Brand Identity does not infringe any trademark, copyright, design right, or other intellectual property of any third party; and (c) you obtain any trademark or design registration you require to protect your brand.

6.3 We give no warranty that any Deliverable is free from third-party claims, is capable of being registered as a trademark, or can be protected as your exclusive brand. Because many of our products are non-exclusive (clause 4), they may not be registrable or protectable as trademarks at all.

6.4 You acknowledge that registering a trademark is a separate legal process that you should undertake with a qualified trademark attorney or IP lawyer, and through IP Australia. We strongly recommend you do so before investing significantly in your brand.

6.5 Future service. We may, in the future, offer trademark search or registration support as a separate, optional, paid service. Unless you have purchased such a service in writing, no trademark service is included in any MILCO.shop product.

6.6 To the maximum extent permitted by law, we are not liable for any loss arising from a trademark dispute, infringement claim, refused registration, or your inability to protect your brand.

7. Third-party assets (fonts, imagery, icons)

7.1 Some Brand Identities incorporate third-party assets, including typefaces/fonts, stock photography, illustrations, or icons, which are owned by third parties and supplied under their own licences.

7.2 We will tell you, on request or as relevant to your product, which third-party assets a Deliverable uses. You are responsible for obtaining and maintaining any licence required for your ongoing use of those assets (for example, a commercial font licence or stock image licence).

7.3 We are not responsible for third-party licence fees, terms, renewals, or for any consequence of you using a third-party asset without an appropriate licence.

8. Your responsibilities and warranties

8.1 You agree to:

(a) provide accurate, current, and complete information when placing an order; (b) ensure you have all necessary rights to any content, names, text, or materials you supply to us; (c) use the Deliverables only in a lawful manner and in accordance with these Terms; and (d) be solely responsible for how you use your Brand Identity in your business.

8.2 You warrant that any material you provide to us does not infringe any third party's rights and is not unlawful, misleading, or defamatory. You indemnify us in respect of material you supply (see clause 14).

9. Orders, payment, and GST

9.1 Payment is 100% upfront. Full payment is required at the time of order before we provide access to, or commence work on, any product, unless we agree otherwise in writing.

9.2 All prices are in Australian dollars (AUD) and, unless stated otherwise, are exclusive of GST where applicable. We will issue a tax invoice.

9.3 We may use third-party payment processors. Your use of those services is subject to their terms. We do not store your full card details.

9.4 You are responsible for any bank, currency conversion, or transaction fees charged by your provider.

10. Refunds, cancellations, and the Australian Consumer Law

10.1 Australian Consumer Law. Our products come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL"). Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the ACL that cannot lawfully be excluded.

10.2 Digital and made-to-order nature. Because our products are digital and/or produced specifically on your order, and because payment is upfront, fees are generally non-refundable once we have provided access to, or commenced work on, your product — except where you are entitled to a remedy under the ACL or other applicable law.

10.3 Where the ACL applies. If a product fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, or other remedy as required by law. For a major failure you may be entitled to a refund or replacement; for a minor failure we may choose to resupply or fix the product.

10.4 Change of mind. We are not obliged to provide a refund or exchange for change of mind, including if you later find another business has a similar brand (clause 4) or if you encounter a trademark issue (clause 6).

10.5 To request a remedy, contact us using the details in clause 20.

11. Revisions and scope

11.1 The number of revision rounds included is stated on the relevant product page or order confirmation. Revisions beyond the included scope, changes of direction, or additional deliverables may incur additional fees, which we will quote before proceeding.

11.2 Once you approve a Deliverable, or a product is finalised, further changes are treated as a new request and may be charged.

12. Our warranties and disclaimers

12.1 We warrant that we will provide our products with due care and skill and as described.

12.2 Subject to clause 10.1 and to the extent permitted by law, MILCO.shop and all products are provided "as is" and we exclude all other warranties, representations, and guarantees, whether express or implied, including any implied warranty that a product is unique, exclusive, registrable, fit for a particular commercial purpose, or free from third-party claims.

12.3 We do not warrant that MILCO.shop will be uninterrupted, error-free, or secure.

13. Limitation of liability

13.1 Nothing in these Terms limits our liability to the extent it cannot be limited by law, including under the ACL.

13.2 To the maximum extent permitted by law, and subject to clause 13.1:

(a) we exclude all liability for indirect, special, or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, or reputational damage, however arising; and

(b) our total aggregate liability to you arising out of or in connection with these Terms or any product is limited, at our option, to re-supplying the relevant product or paying the cost of having it re-supplied, and in any event will not exceed the amount you paid us for that product.

13.3 Without limiting clause 4 or clause 6, we are not liable for any loss arising from brand similarity, brand confusion, trademark disputes, infringement claims, or your inability to register or protect your brand.

14. Indemnity

14.1 You indemnify us, and our officers, employees, and contractors, against all claims, losses, liabilities, costs, and expenses (including reasonable legal costs) arising from or in connection with:

(a) your use of any Deliverable or Brand Identity; (b) any claim that your chosen brand name, logo, or use of a Deliverable infringes a third party's rights; (c) any content or material you supplied to us; or (d) your breach of these Terms or of any law,

except to the extent the loss was caused by our own breach, negligence, or wilful misconduct.

15. Confidentiality

15.1 Each party agrees to keep confidential the non-public information of the other party disclosed in connection with these Terms, and to use it only for the purpose of the engagement, except where disclosure is required by law or the information is already public.

16. Privacy Policy

16.1 We are committed to protecting your privacy and handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

16.2 Information we collect. We may collect your name, business name, email address, phone number, billing information, project details, and any information you provide when using MILCO.shop or communicating with us. We may also collect technical information (such as IP address, device, and usage data) via cookies and analytics tools.

16.3 How we use it. We use personal information to: process and fulfil your orders; provide and improve our products and MILCO.shop; communicate with you; process payments; meet our legal and tax obligations; and (where permitted) send you marketing, which you can opt out of at any time.

16.4 Disclosure. We may disclose personal information to service providers who help us operate MILCO.shop, including payment processors, hosting providers, email and analytics platforms, and professional advisers. We require these providers to handle your information appropriately. We do not sell your personal information.

16.5 Overseas disclosure. Some of our service providers may store or process data outside Australia. By using MILCO.shop you consent to such disclosure, subject to the protections required by the APPs. 

16.6 Cookies. MILCO.shop uses cookies and similar technologies to operate the site and understand how it is used. You can control cookies through your browser settings.

16.7 Security. We take reasonable steps to protect personal information from misuse, loss, and unauthorised access. However, no online system is completely secure.

16.8 Access and correction. You may request access to, or correction of, the personal information we hold about you by contacting us (clause 20). You may also complain to us if you believe we have breached the APPs; if you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.

16.9 Retention. We keep personal information only as long as needed for the purposes above or as required by law.

17. Term, suspension, and termination

17.1 These Terms apply from when you first use MILCO.shop or place an order and continue while you use our products or hold a perpetual licence under clause 5.

17.2 We may suspend or terminate your access to MILCO.shop if you breach these Terms, fail to pay, or use our products unlawfully. Termination does not affect licences already validly granted and fully paid for, or any rights or obligations that accrued before termination.

18. Force majeure

18.1 We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, illness, outages, or actions of third parties.

19. General

19.1 Governing law and jurisdiction. These Terms are governed by the laws of South Australia, and you and we submit to the non-exclusive jurisdiction of the courts of South Australia.

19.2 Changes to these Terms. We may update these Terms from time to time. The version in force at the time of your order applies to that order. Continued use of MILCO.shop after we post changes constitutes acceptance of the updated Terms.

19.3 Severability. If any provision is found unenforceable, it is severed and the remaining provisions continue in force.

19.4 Assignment. You may not assign your rights under these Terms without our written consent. We may assign or novate our rights and obligations on notice to you.

19.5 Entire agreement. These Terms, with your order confirmation and any written quote, are the entire agreement between us and supersede any prior discussions or representations.

19.6 Waiver. A failure to enforce any provision is not a waiver of it.

19.7 Notices. Notices may be given by email to the addresses each party has provided.

20. Contact us

If you have any questions about these Terms, our products, a remedy request, or your privacy, please contact us:

The Trustee for MILCO Trust ABN 39 785 627 478
Email: info@milco.au
Address: 687B Brighton Rd, Seacliff SA 5057

Web: MILCO.shop and www.milco.au 

By placing an order through MILCO.shop, you confirm that you have read, understood, and agreed to these Terms of Service and Policies.