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Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to www.ingked.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

1.2. The Website is operated by Teach It Co Pty Ltd (ABN 93 639 451 460) t/a Ingked (‘Ingked’). Access to and use of the Website, or any of its associated Products or Services, is provided by Ingked. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Ingked reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ingked updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

    1. Business name
    2. Business address
    3. ABN
    4. Email address
    5. Preferred username
    6. Mailing address
    7. Telephone number
    8. Password


3.2. You warrant that any information you give to Ingked in the course of completing the registration process will always be accurate, correct, and up to date.

3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if:

    1. you are not of legal age to form a binding contract with Ingked; or
    2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.


4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

    1. You will use the Purchase Services only for purposes that are permitted by:
      1. the Terms;
      2. any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
    2. You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    3. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Ingked of any unauthorized use of your password or email address or any breach of security of which you have become aware;
    4. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Ingked providing the Purchase Services;
    5. You will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
    6. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Ingked for any illegal or unauthorized use of the Website; and
    7. You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.


5. Purchase of Products

Ordering

5.1. You can purchase the advertised Products directly through the website (subject to availability) or, if you are an officially registered educational institution (‘Educational Institution’), you may submit an order by emailing [email protected]. Your email must include:

    1. school name;
    2. delivery address (this must be the physical address of the Educational Institution);
    3. contact name and phone number;
    4. product title;
    5. quantity required; and
    6. if applicable, customization details including ink color (for stamp orders) and paper finish (for sticker orders).


5.2. When purchasing Products directly through the website, the option to pay by invoice only applies to Educational Institutions. If you are not an Educational Institution and you select the option to pay by invoice, the order confirmation email will contain payment details to be used to process the payment. If payment is not received by Ingked within 10 business days, the order will be canceled, and Ingked will not be liable for any resulting loss or damage.

5.3. Coupon codes must be applied to the order at the time of purchase. Ingked will not apply coupon codes retrospectively.

5.4. If you are required to submit a file for a custom order, the file must be submitted in one of the following formats:

    1. original vector file in either an AI, EPA, or PDF format. If you are providing a vector file, fonts must be converted to outlines/objects; or
    2. JPG, PNG, GIF, and TIFF format in a solid black color (grayscale shading is not suitable) and at least 300 dpi.


5.5. Unless otherwise requested, a proof will not be provided before a Product is produced. If you would like to receive a proof, you must include a request in the comments box when placing your order. Your Product will not go into production until the proof has been approved by you.

5.6. The proofs must be approved by you within 5 business days of you receiving the proof. If Ingked does not receive the proof within this timeframe, Ingked will send one reminder email only. If you do not provide approval within 5 business days of receiving the reminder email, your order will be put on hold. Once your order has been put on hold, an administration fee of $10 + GST will be payable by you to proceed with the order.

5.7. Ingked cannot guarantee specific delivery and collection times. Delivery and collection dates depend on what Product You have ordered and if the Product is in stock. Please contact Ingked by emailing [email protected] before ordering to inquire about receiving a Product by a particular date.

5.8. If you would like to increase or combine orders, please contact us by emailing [email protected], quoting your order number. Ingked can only increase or combine orders if the orders have not been accepted by Ingked and/or left our warehouse. Ingked reserves the right to accept or reject any variations to your order. You cannot decrease or cancel your order once your order has been placed.

Purchase Price

5.9. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

5.10. Following payment of the Purchase Price being confirmed by Ingked, you will be issued with a receipt to confirm that the payment has been received and Ingked may record your purchase details for future use.

5.11. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), inclusive amounts.

5.12. Ingked reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

Payment Gateway

5.13. Payment of the Purchase Price may be made through Square, or any other payment gateway provider from time to time (the ‘Payment Gateway Providers’).

5.14. In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

Invoice

5.15. If you are a Corporation, the payment of the Purchase Price may be paid upon receipt of an invoice by Ingked (‘Invoice’). You agree to make payment of the Purchase Price by the due date on the Invoice and by the method prescribed on the Invoice.

5.16. In the event that any payment is not made in full on the due date, Ingked is entitled to charge you interest at the rate of 5% per annum, calculated daily.

5.17. You agree that if you default on any payments due and payable for your order, any costs incurred by Ingked for steps taken to enforce payment terms will be recoverable and payable by you.

5.18. You acknowledge and agree that Ingked is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.

5.19. Failure to make full payment of any Invoice within 10 business days, unless otherwise agreed, will result in Ingked canceling your order and will not be liable for any loss or damage resulting therefrom.

6. Delivery & Collection

Delivery

6.1. You acknowledge that the Purchase Services offered by Ingked integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).

6.2. In providing the Purchase Services, Ingked may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Ingked is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

6.3. The Products will not be dispatched until Ingked receives the full Purchase Price or Subscription Fees, unless Ingked decides otherwise.

6.4. The Subscription Boxes are dispatched from Ingked in the second week of every quarter (January, April, July, and October).

6.5. If you place an order as an Educational Institution, Products will only be delivered to the physical address of the Educational Institution.

6.6. In the event that an item is lost or damaged in the course of the Delivery Services, Ingked asks that you:

    1. contact the Delivery Service Provider directly to request a refund; and
    2. contact Ingked by sending an email to [email protected] outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.


6.7. Advise Ingked by emailing [email protected] if you have not received your Products within 30 business days of placing your order. If you have not advised Ingked within 30 days, Ingked will not be responsible or liable for any loss or damage incurred by you and will not be liable in any way to investigate the delivery issue or re-supply the Products.

Collection

6.8. You may collect your order from Padstow NSW 2211 if you selected the “Click & Collect” option when placing your order.

6.9. Once your order is complete, Ingked will send you an email with pick up location and a request to book a suitable time to pick up your order.

6.10. Collection is only available Monday to Friday from 10.00am – 4.00pm and by appointment only.

7. Use of Products

7.1. By purchasing a Product from Ingked, you agree to carefully read and follow the instructions of use provided and use the Product only for the intended purpose.

7.2. If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product.

Self-inking Stamps

7.3. Ingked’s self-inking stamps include a built-in, water-soluble ink pad that can be refilled by you (‘Self-inking Stamps’). The Self-inking Stamps are a spring-loaded, all-in-one machine that has a twisting mechanism that rotates the rubber die to press against the ink pad.

1.1. Self-inking Stamps are not recommended for glossy and other non-porous surfaces.

      1. remove the ink pad;
      2. squeeze the ink refill into the ink pad;
      3. leave the ink pad undisturbed on a flat surface for 15 minutes; and
      4. insert the ink pad back into the Self-Inking Stamp.


1.2. Repeat this process gradually until the Self-inking Stamp is sufficiently refilled to avoid over-inking your stamp.

Pre-inked Stamps

1.3. Ingked’s pre-inked stamps are filled with oil-based ink (‘Pre-inked Stamps’). The Pre-inked Stamps work by having a porous gel-like rubber die on the bottom of the stamp that allows ink to flow through the die before an impression is made. The ink is kept in a reservoir located in the spongey text dies.

1.4. Pre-inked Stamps are not recommended for glossy and other non-porous surfaces. To enjoy the best use, the mechanism needs to be pressed gently rather than stamped quickly.

1.5. The instructions below must be followed when refilling Pre-inked Stamps:

    1. remove the handle off the stamp;
    2. squeeze 3-5 drops of Ingked’s pre-inked ink refill into the ink reservoir (depending on the size of the stamp and the design);
    3. allow 30 minutes for the ink to absorb through the stamp; and
    4. put the stamp handle back on.


2.Refunds & Returns Policy

2.1. Ingked does not provide refunds for any Products. For example, a refund will not be provided for:

    1. refunds for sale items, for any reason;
    2. change of mind;
    3. cancelling a Subscription after the Purchase Price has been paid;
    4. late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers;
    5. denied acceptance of delivery by receiver;
    6. inaccurate delivery address;
    7. absent receiver – If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Ingked for a return fee charged to the initial payment method.


2.2. If you have received the incorrect Product, Ingked will provide a refund on the return of the Product. To request a refund and organize a return for this reason, please email [email protected] and provide your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be returned to Ingked unopened and in its original saleable condition.

3.Cancellation of Orders

3.1. Once payment for an order has been accepted, cancellation is at the discretion of Ingked. If you wish to cancel your order, please contact Ingked immediately at [email protected].

3.2. Cancellation of orders must be made within 1 hour of the time of order. A cancellation fee of $10.00 plus GST will be payable.

3.3. Where a Product has been listed at an incorrect price or has incorrect written information or images, Ingked reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

9. Warranty

9.1. Ingked’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.

9.2. If you have received a Product that you believe is faulty or defective, please contact [email protected] with photographic proof within 14 days of receiving the Product.

9.3. When refilling Self-inking Stamps, you must not change the ink color as ink formulas for each color are different and do not mix well. Ingked is not responsible for any defects that occur as a result of mixing the ink colors of Self-inking Stamps.

9.4. You are liable for all shipping costs incurred when returning the Product back to Ingked.

9.5. If, after assessing the Product, Ingked determines that the Product is faulty or defective, you will be reimbursed for the shipping costs incurred when returning the Product.

9.6. If, after assessing the Product, Ingked determines that the Product is not faulty or defective, you will be liable for all shipping costs incurred if you instruct Ingked to ship the Product back to you.

10. Copyright and Intellectual Property

10.1. The Website, the Purchase Services, and all of the related products of Ingked are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Ingked or its contributors.

10.2. Ingked retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

    1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright of Ingked; or
    2. the right to use or exploit a business name, trading name, domain name, trade mark, or industrial design; or
    3. a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).


10.3. You may not, without the prior written permission of Ingked and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.

11. Privacy

Ingked takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Ingked’s Privacy Policy found on the Website.

12. Mailing List

12.1. While using the Website, you will be given the opportunity to sign up for the Ingked’s Mailing List. If you choose to sign up for this service, you agree to receive promotional materials, updates, and other content from Ingked via email.

12.2. You can opt out at any time by following the unsubscribe process contained in the email or emailing [email protected].

13. General Disclaimer

13.1. You acknowledge that Ingked does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

13.2. Ingked will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colors, and design may differ from what is displayed on the Website.

13.3. Product longevity is dependent on how you store, handle, and use the Product.

13.4. You are responsible for replacing any items that are required to use the Product. For example, you are required to replace the ink for stamps.

13.5. Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

13.6. Subject to this clause, and to the extent permitted by law:

    1. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
    2. Ingked will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.


13.7. Use of the Website, the Purchase Services, and any of the products of Ingked is at your own risk. Everything on the Website, the Purchase Services, and the Products of Ingked, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers, or licensors of Ingked make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Ingked) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus, or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorized access to records;
    2. the accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    3. costs incurred as a result of you using the Website, the Purchase Services, or any of the Products;
    4. the Content or operation in respect to links which are provided for the User’s convenience;
    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    6. any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.


14. Limitation of Liability

14.1. Ingked’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Ingked is the resupply of information or Purchase Services to you.

14.2. You expressly understand and agree that Ingked’s, its affiliates, employees, agents, contributors, third party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

14.3. Ingked is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Ingked, by third parties, or by any of the Purchase Services offered by Ingked.

15. Termination of Contract

15.1. The Terms will continue to apply until terminated by either you or by Ingked as set out below.

15.2. If you want to terminate the Terms, you may do so by:

(a) notifying Ingked at any time; and

(b) closing your accounts for all of the Purchase Services which you use, where Ingked has made this option available to you.

15.3. Your notice should be sent, in writing, to Ingked by emailing [email protected].

15.4. Ingked may at any time, terminate the Terms with you if:

    1. you have breached any provision of the Terms or intend to breach any provision;
    2. Ingked is required to do so by law;
    3. the partner with whom Ingked offered the Purchase Services to you has terminated its relationship with Ingked or ceased to offer the Purchase Services to you;
    4. Ingked is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
    5. the provision of the Purchase Services to you by Ingked is, in the opinion of Ingked, no longer commercially viable.


15.5. Subject to local applicable laws, Ingked reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ingked’s name or reputation or violates the rights of those of another party.

15.6. When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Ingked have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations, and liabilities indefinitely.

16. Indemnity

16.1. You agree to indemnify Ingked, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c) any breach of the Terms.

17. Venue and Jurisdiction

The Purchase Services offered by Ingked are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

18. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.

The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

20. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.