Acknowledgment
and acceptance of terms and conditions
The INKMAN.com.au Web Site is owned and operated by INKMAN. By accessing,
browsing or using this Web Site, you agree to these terms, conditions
and disclaimers as amended from time to time ("Terms & Conditions")
and acknowledge that you have read and understood these Terms and Conditions.
By purchasing an item from this Web Site you expressly agree to be bound
by these Terms and Conditions.
INKMAN.com.au
may amend these Terms and Conditions from time to time. Any amendment
will be effective immediately. Your continued use of this Web Site after
any amendment becomes effective constitutes an agreement by you to abide
and be bound by these Terms and Conditions, as so amended.
Information you provide to us
You agree to:
• provide certain current, complete, and accurate information about yourself
as prompted to do so by this Web Site; and
• maintain
and update this information as required to keep it current, complete and
accurate.
All information
provided by you when placing an order is referred to in these Terms and
Conditions as "User Information". When you provide any User
Information you are representing and warranting that all of the information
provided is true and correct and are agreeing to indemnify INKMAN.com.au
for any losses, costs expenses or damages that INKMAN.com.au may suffer
if any of this information is not correct.
You must
not transmit or attempt to transmit any material of any kind to this Web
Site which contains a virus, malicious computer code or other harmful
component or otherwise attempt to alter any of the content on this Web
Site.
If any User
Information provided by you is incomplete or inaccurate or you attempt
to transmit any material of any kind to this Web Site which contains a
virus, malicious computer code or another harmful component or you otherwise
attempt to alter any of the content of this Web Site, or you are otherwise
in breach of these Terms and Conditions, INKMAN.com.au retains the right
to terminate your rights to purchase products or services from this Web
Site and to prosecute you to the fullest extent of the law.
You acknowledge
and consent to the disclosure by INKMAN.com.au to any law enforcement
agency in any jurisdiction that is investigating any breach or suspected
breach of any law in any jurisdiction of your identity or other information
provided by you to this Web Site, upon being requested to do so by that
law enforcement agency.
General
The products and services offered for sale by INKMAN.com.au are only available
to individuals who can make legally binding contracts. The products and
services are not available to persons under the age of 18 years old and
any other persons who are legally prohibited from entering into binding
contracts.
Any party
engaging in illegal activities involving the use of this Web Site will
be subject to civil and criminal prosecution. INKMAN.com.au cannot guarantee
that it will notice or be able to prevent any illegal or inappropriate
use of this Web Site, nor can INKMAN.com.au guarantee that it will give
notice of any illegal or inappropriate use of this Web Site.
Ordering
goods
Any order placed by you in the manner described in this Web Site is an
offer by you to purchase a particular product or service for the price
(including the delivery and other charges) specified in this Web Site
at the time you place your order. INKMAN.com.au reserves the right to
accept or reject your offer for any reason, including, without limitation,
the unavailability of any product, an error in the price or the product
description posted on this Web Site, or an error in your order. There
may be reasons why INKMAN.com.au cannot fulfil your order. Therefore,
your contract with INKMAN.com.au only comes into existence when INKMAN.com.au
advises you that it has accepted your order and receipt of your payment
has been confirmed.
Prices of
products and services and delivery and other charges displayed on this
Web Site are current at the time of issue, but may change at any time
and are subject to availability. The availability of products and services
may change from time to time.
INKMAN.com.au
will retain title to the products you order until you have made payment
in full for those products, but all risk in the products will pass to
you on dispatch from INKMAN.com.au [distribution centre].
You are responsible
for any taxes, duties or other liabilities imposed by any governmental
agency, including without limitation, any customs duty, goods and services
taxes or any value added tax imposed on any products or services acquired
or ordered by you from this Web Site.
Delivery
You should review the INKMAN.com.au delivery information contained on
this Web Site for information concerning delivery. The delivery times
given on this Web Site are indicative only. INKMAN.com.au will not be
liable for any failure to observe these delivery times. You understand
and agree that you shall not be entitled to withdraw or modify any commitment
made for the purchase of products from this Web Site once that commitment
has been made for any reason, including without limitation, due to any
delay in delivery.
Termination
Your ability to purchase products and services from this the Web Site
may be terminated at any time by INKMAN.com.au without notice. All restrictions,
licenses granted by you and all disclaimers and limitations of liability
by INKMAN.com.au will survive termination.
Should you
object to any of these Terms and Conditions (including any subsequent
amendments), you must immediately:
• discontinue use of this Web Site
Security
Under accepted codes of conduct operating within the banking industry,
your bank cannot hold you liable for more than $50.00 of fraudulent charges,
unless your actions have contributed to the unauthorised use of your credit
card. In the event of unauthorised use of your credit card, you must notify
your credit card provider in accordance with its reporting rules and procedures.
Links to
other web sites
This site may contain links to Web Sites maintained by other companies
and organisations. INKMAN.com.au does not make any representation as to
the accuracy of information contained on those Web Sites and will not
accept any responsibility for the accuracy, ownership or any other aspect
of the information contained on those Web Sites.
This Web
Site may also contain third party advertisements (including banner ads
and referral buttons) which contain embedded hyperlinks to Web Sites operated
by third parties. All third party advertising is paid for by the relevant
third party advertisers and the placement of third party advertisements
on this Web Site does not constitute a recommendation or endorsement by
INKMAN.com.au of the products or services advertised. The third party
advertiser is solely responsible to you for any representations or offers
made by it and for the delivery of any goods or services you agree to
purchase from any third party Web Site.
Copyright
Unless otherwise indicated, copyright in the information on this Web Site
is owned by INKMAN.com.au. All rights reserved. This site or any portion
of this site may not be reproduced, duplicated, copied, sold, re-sold
or otherwise exploited for any commercial purpose that is not expressly
permitted by INKMAN.com.au . You may download a single copy of the information
on this Web Site and, where necessary for its use as a reference, keep
a temporary copy in your computer’s cache and make a single hard copy
of that information. Except as permitted under the Copyright Act 1968
(Cth) or other applicable laws, no part of the information contained on
this Web Site may be otherwise reproduced, adapted, performed in public
or transmitted in any form by any process (graphic, electronic or mechanical,
including further copying, recording, taping or by a storage and information
retrieval system) without the specific prior written consent of INKMAN.com.au
Review and comments
INKMAN.com.au may enable visitors to its sites to post reviews of and
comments on products featured on this Web Site. If you post reviews or
comments on this Web Site, you grant to INKMAN.com.au , its related bodies
corporate, its directors, officers and employees a non-exclusive, royalty
free, perpetual, irrevocable and fully sub-licenseable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute
and display such reviews and comments throughout the world in any media.
You expressly waive in favour of INKMAN.com.au and any other person authorised
by INKMAN.com.au all moral and similar rights in any jurisdiction which
you have or acquire in respect of such reviews and comments. You also
grant to INKMAN.com.au and its related bodies corporate, directors, officers,
employees and sub-licensees the right to use and publish your name, which
you will be required to submit with any review or comment, in connection
with that review or comment. You agree not to post any review or comment
that contains any unlawful, criminal, threatening, abusive, defamatory,
obscene, vulgar, pornographic, profane or indecent information or material
of any kind or which violates or infringes upon the rights of any person.
If you do, you agree to indemnify INKMAN.com.au for any losses, costs,
expenses or damages that INKMAN.com.au may suffer as a result.
Virus
warning
INKMAN.com.au does not represent that any information (including any file)
obtained from or through this Web Site is free from computer viruses or
other faults or defects. It is your responsibility to scan any such information
for computer viruses. INKMAN.com.au will not be liable to you or to any
other person for any loss or damage (whether direct, indirect, consequential
or economic), however caused and whether by negligence or otherwise, which
may result directly or indirectly from any such information. To the extent
that any applicable law that cannot be excluded imposes any liability
on INKMAN.com.au , that liability shall be limited to the cost of re-supplying
that information.
Release
and indemnity
You hereby waive, release, forgive, discharge and relinquish any and all
claims that you now have or may have against INKMAN.com.au, its related
bodies corporate, directors, employee, agents and representatives which
are connected with, arise out of, relate to or are incidental to any transaction.
You hereby
agree to indemnify, defend and hold INKMAN.com.au, its related bodies
corporate, directors, employees, agents and representatives harmless from
and against any and all claims, loss, damage, tax, liability and/or expense
that may be incurred by INKMAN.com.au its related bodies corporate, directors,
employees, agents and representatives arising out of or in connection
with the performance of its duties as described in these Terms and Conditions
including the legal costs, fees and expenses of defending itself against
any claim by any or all of the parties to any transaction and/or by any
other person and/or as a result of you taking any action or refraining
from taking any action or instituting or defending any action or legal
proceeding.
You further
agree to indemnify and hold INKMAN.com.au, its related bodies corporate,
directors, employees, agents and representatives harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of this Web Site, the violation of these
Terms and Conditions by you, or the infringement by you of any intellectual
property or other right of any person or entity.
Applicable
law
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the state of NSW. You and INKMAN.com.au agree to submit
to the exclusive jurisdiction of the courts of the state of NSW. If any
provision(s) of these Terms and Conditions is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the
other provisions remaining in full force and effect. INKMAN.com.au's failure
to exercise or enforce any rights or provisions of these Terms and Conditions
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by INKMAN.com.au in writing.
Limitation
of liability
INKMAN.com.au will in no way be liable for any direct, indirect, incidental,
special or consequential damages, resulting from your use or your inability
to use this Web Site or for the cost of procurement of substitute products
or services or resulting from any products or services purchased or obtained
or messages received or transactions entered into through this Web Site
or resulting from unauthorised access to or alteration of your transmissions
or data or of any information contained on this Web Site, including but
not limited to, damages for loss of profits, use, data or other intangible,
even if INKMAN.com.au has been advised of the possibility of such damages.
Where any
Act of Parliament implies in these Terms and Conditions any term, condition
or warranty, and that Act avoids or prohibits provisions in a contract
excluding or modifying the application of or exercise of, or liability
under such term, condition or warranty, such term, condition or warranty
shall be deemed to be included in these Terms and Conditions, however,
the liability of INKMAN.com.au for any breach of such term, condition
or warranty shall be limited, at the option of INKMAN.com.au, to any one
or more of the following:
(a) if the
breach relates to goods:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent
goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Disclaimer
The information contained on this Web Site is provided by INKMAN.com.au
in good faith on an “as is” basis. The information is believed to be accurate
and current at the date the information was placed on this Web Site.
None of INKMAN.com.au,
its related bodies corporate, any of their directors, officers or employees
makes any representation or warranty as to the reliability, accuracy or
completeness of the information contained on this Web Site (including
in relation to any products or services) and none of them accept any responsibility
arising in any way (including negligence) for errors in, or omissions
from, the information contained on this Web Site. To the fullest extent
permitted by applicable law, INKMAN.com.au disclaims all representations
and warranties, express or implied, including but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. INKMAN.com.au makes no warranty that the Web Site or
any products or services advertised on the Web Site will meet your requirements,
or that the Web Site will be uninterrupted, timely, secure or error free.
You expressly
acknowledge and agree that INKMAN.com.au does not control other users
of this Web Site or the suppliers of goods and services purchased from
this Web Site and INKMAN.com.au is therefore not liable for their opinions
or their behaviour, including any information or advice provided by them
or any defamatory statements made by them or any offensive conduct on
their part.
No advice
or information, whether oral or written, obtained by you from or through
this Web Site creates any warranty not expressly made in these Terms and
Conditions.
Information
on this Web Site relating to products and services has been prepared in
accordance with Australian law for the supply of goods and services in
Australia only. This information may not satisfy the laws of any other
country. To the extent that it does not satisfy the laws of the country
in which you reside or from which you are accessing this Web Site, it
is not directed at you and cannot be relied upon by you and you are unable
to order any goods from this Web Site. If you do, you agree to indemnify
INKMAN.com.au for any losses, costs, expenses or damages INKMAN.com.au
may suffer as a consequence.
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