TERMS & CONDITIONS OF TRADE
1. Definitions
1.1 “INKSTONE PRINTING PTY LTD” means Inkstone Printing Pty Ltd, who, by entering into the contract, agree to supply the Goods to the Client, subject to these terms and conditions.
1.2 “Client” means the person/s requesting INKSTONE PRINTING PTY LTD to supply the Goods, as specified in any quotation, order, invoice or other document, and where more than one person has entered into the contract, they shall be jointly and severally liable under the contract (including for all payments of the Price).
1.3 “Goods” means all Goods and/or Services provided by INKSTONE PRINTING PTY LTD to the Client, at the Client’s request, from time to time (including any apparel, designs, drawings or materials supplied, consumed, created or deposited incidentally by INKSTONE PRINTING PTY LTD in the course of supplying to the Client any Goods (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the price payable for the Goods as agreed between INKSTONE PRINTING PTY LTD and the Client in accordance with clause 5 of the contract.
2. Interpretation
2.1 In these terms and conditions, unless the context otherwise requires:
(a) the singular includes the plural, and vice versa; and
(b) a reference to a clause is a reference to a clause of these terms and conditions; and
(c) a reference to a party to these terms and conditions, or any other document or agreement, includes that party’s executors, administrators, successors and permitted assigns, and any person acting on behalf of, and with the authority of, that party; and
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
(e) a reference to a period of time (including, but not limited to, a year, quarter, month and day) is to a calendar period; and
(f) headings are for convenient reference only, and do not affect interpretation; and
2.2 If the day upon which any act, matter or thing is to be done under the contract is not a business day, that act, matter or thing:
(a) if it involves payment other than payment which is due on demand, must be done on the preceding business day; and
(b) in all other cases, may be done on the next business day.
3. Acceptance
3.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts INKSTONE PRINTING PTY LTD’s quotation (either orally or in writing) for, the supply of Goods.
3.2 These terms and conditions may only be amended with INKSTONE PRINTING PTY LTD’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and INKSTONE PRINTING PTY LTD.
3.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3.4 The Client acknowledges that:
(a) any advice, recommendation, information, assistance or service provided by INKSTONE PRINTING
PTY LTD in relation to Goods supplied is given in good faith, is based on INKSTONE PRINTING PTY
LTD’s own knowledge and experience and shall be accepted without liability on the part of INKSTONE PRINTING PTY LTD, and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods; and
(b) where colour matching is required, the Client agrees to supply information and samples regarding the correct colour.
4. Change in Control
4.1 The Client shall give INKSTONE PRINTING PTY LTD not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by INKSTONE PRINTING PTY LTD as a result of the Client’s failure to comply with this clause.
5. Price and Payment
5.1 At INKSTONE PRINTING PTY LTD’s sole discretion the Price shall be either:
(a) as indicated on any invoice/s provided by INKSTONE PRINTING PTY LTD to the Client; or
(b) the Price as at the date of Delivery, according to INKSTONE PRINTING PTY LTD’s current price list; or
(c) INKSTONE PRINTING PTY LTD’s quoted price (subject to clause 6) which will be valid for the period stated in INKSTONE PRINTING PTY LTD’s quotation or otherwise for a period of thirty (30) days. INKSTONE PRINTING PTY LTD need not commence the Client’s order until the quotation has been accepted by the Client.
5.2 At INKSTONE PRINTING PTY LTD’s sole discretion, a non-refundable deposit may be required.
5.3 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by INKSTONE PRINTING PTY LTD, which may be:
(a) before Delivery; or
(b) by way of instalments in accordance with INKSTONE PRINTING PTY LTD’s payment schedule. INKSTONE PRINTING PTY LTD may, in the event that INKSTONE PRINTING PTY LTD is of the view that
completing the Client’s order will take more than a month, at any time before the order is completed, issue one (1) or more invoices for the proportion of the amount of the Goods (the amount to be at INKSTONE PRINTING PTY LTD’s discretion) and require that portion to be paid in advance of any further Goods supplied. If the order is suspended for more than thirty (30) days at the request of the Client, or as a result of something for which the Client is responsible, INKSTONE PRINTING PTY LTD may issue an invoice for a particular amount (to be specified by INKSTONE
PRINTING PTY LTD) for Goods already supplied, and for other costs incurred by INKSTONE PRINTING PTY LTD (such as storage costs, etc.); or
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice furnished to the Client by INKSTONE PRINTING PTY LTD.
5.4 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of two percent (2%) for any Visa or MasterCard transaction or of three and a half percent (3.5%) for any Amex transaction), or by any other method as agreed to between the Client and INKSTONE PRINTING PTY LTD.
5.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to INKSTONE PRINTING PTY LTD an amount equal to any GST INKSTONE PRINTING PTY LTD must pay for any supply of Goods by INKSTONE PRINTING PTY LTD under the contract, or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.
6. Variations
6.1 INKSTONE PRINTING PTY LTD reserves the right to change the Price in the event of a variation to the quoted Goods, including:
(a) any preliminary work ,and work carried out experimentally, speculatively, or otherwise at the Client’s request; and
(b) any extra work or cost caused by any variation by the Client of its original instructions, or by the those instructions being, in INKSTONE PRINTING PTY LTD’s opinion, poorly prepared, or by the Client’s requirements being different from those originally submitted or described; and
(c) any tabulated work and/or foreign language to be incorporated in the Goods, but not contained in the Client’s instructions originally submitted; and
(d) additional work required to be done as a result of author’s corrections, including repagination or reformatting; or
(e) work required to be done urgently, including any overtime costs; or
(f) handling or storing Property supplied for the purposes of supplying the Goods; or
(g) any changes or corrections to any plates, film, bromides, artwork any document (including computer files) supplied by the Client, and deemed necessary by INKSTONE PRINTING PTY LTD to ensure correctly completed Goods; and
(h) when style, type or layout is left to INKSTONE PRINTING PTY LTD’s judgement, and the Client makes further alterations; and
(i) any overset matter (being matter produced on the Client’s instructions, but not used for the supply of Goods as was intended); and
(j) where the performance of the contract with the Client requires INKSTONE PRINTING PTY LTD to obtain products and/or services from a third party:
(i) the contract between INKSTONE PRINTING PTY LTD and the Client shall incorporate, and shall be subject to, the conditions of supply of such products and/or services to INKSTONE PRINTING PTY LTD, and
(ii) the Client shall be liable for the cost in full including INKSTONE PRINTING PTY LTD’s margin of such products and/or services; and
(iii) INKSTONE PRINTING PTY LTD shall not be liable for any breach of these terms and conditions if that breach is a result of, or is connected with, the supply by any third party of such products and/or services; and
(iv) INKSTONE PRINTING PTY LTD acquires such products and/or services as agent for the Client and not as principal, and INKSTONE PRINTING PTY LTD shall have no liability to the Client in relation to the supply of those products and/or services. Any claim by the Client in relation to the products and/or services must be made directly against the third party; and
(v) title to any such products and/or service obtained from any third party and incorporated in the Goods passes to INKSTONE PRINTING PTY LTD at the time of incorporation.
(k) any costs and charges of Delivery, or other charges, fees or disbursements referred to in these terms and conditions and not specified in this clause.
7. Proof Reading
7.1 Whilst every care is taken by INKSTONE PRINTING PTY LTD to carry out the instructions of the
Client, if INKSTONE PRINTING PTY LTD submits to the Client a proof of the Goods, INKSTONE PRINTING PTY LTD will not be responsible for any errors which appeared in the proof which were not corrected by the Client before the Goods are produced.
8. Delivery
8.1 Any time specified by INKSTONE PRINTING PTY LTD for Delivery is an estimate only and INKSTONE PRINTING PTY LTD will not be liable for any loss or damage incurred by the Client as a result of delayed Delivery. However both parties agree that they shall make every endeavour to enable the Goods to be supplied at the time and place as was arranged between both parties. In the event that INKSTONE PRINTING PTY LTD is unable to supply the Goods as agreed solely due to any action or inaction of the Client then INKSTONE PRINTING PTY LTD shall be entitled to charge a
reasonable fee for redelivery, detention and/or storage.
8.2 Delivery of the Goods (“Delivery”) is taken to occur at the time that INKSTONE PRINTING PTY LTD:
(a) notifies the Client that the Goods are ready to be collected by the Client (or the Client’s nominated carrier) at INKSTONE PRINTING PTY LTD’s address; or
(b) (or INKSTONE PRINTING PTY LTD’s nominated carrier) delivers the Goods to the Client’s nominated address, even if the Client is not present at the address, and the Client shall bear all freight costs and charges of Delivery.
8.3 INKSTONE PRINTING PTY LTD may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
8.4 Whilst every endeavour will be made to deliver the correct quantity ordered, the Client acknowledges that the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of ten percent (10%) being allowed for shortages or over-runs (owing to human and/or machine/computer error), which will be charged for, or deducted from, the Price on a pro rata basis to reflect the actual quantity of Goods produced.
8.5 INKSTONE PRINTING PTY LTD will not be responsible for storing any data on disks, tapes, compact disks or other media when the Goods have been delivered. If INKSTONE PRINTING PTY LTD agrees to store such data, INKSTONE PRINTING PTY LTD may charge the Client for doing so in accordance with clause 6.
9. Fabrics and Printing
9.1 The Client acknowledges:
(a) artwork for process printing on t-shirts are different to that of paper printing; INKSTONE PRINTING PTY LTD takes no responsibility for supplied artwork when resulting print does not meet the Client’s expectations. Screens and sampling costs will be charged in accordance with clause 6.
(b) sublimation is a process whereby the fabric dye migrates directly with the printed ink, causing the print to become faded or dull. It is recommended that fabrics be colour tested or sampling to be done before production commences. This usually occurs with printing on polycottons, synthetics and poly-microns, etc. INKSTONE PRINTING PTY LTD will not accept any claim for defects resulting from sublimation; and
(c) whilst INKSTONE PRINTING PTY LTD will take all due care, no responsibility is taken for poor fabrics which burn/shrink because they are unable to withstand flash curing. It is the Client’s responsibility to ensure that all garments/fabrics supplied are of sufficient quality and strength; and
(d) stock not in INKSTONE PRINTING PTY LTD’s warehouse at least seventy-two (72) hours prior to the agreed date of Delivery will be subject to rescheduling without notice. It is the Client’s responsibility to ensure that all stock has been organised and delivered to INKSTONE PRINTING PTY LTD’s premises in a timely manner; and
(e) if the stock supplied by the Client show discrepancies with the final size breakdown/count/colour or product supplied, etc., INKSTONE PRINTING PTY LTD will place the Client’s order on hold until the discrepancies have been rectified. cont.
f) certain materials and fabrics may not take to our particular printing processes. If the garments supplied are not garments that INKSTONE PRINTING PTY LTD supplies themselves, we cannot guarantee longevity, colour matching or print finishing on these garments that are outside out regular scope.
(g) certain materials and printing processes have their downsides. Whilst INKSTONE PRINTING PTY LTD take all due care in garment printing, when bulk printing, it is difficult to determine exactly how each garment will react to the printing process as we do not manufacture the garments, this can vary greatly throughout a single order. Examples of this are fibrillation when Screenprinting / DTG Printing garments, or variance in print colour based on the garment itself and how it has reacted with INKSTONE PRINTING PTY LTD’s printing processes.

10. Risk
10.1 Irrespective of whether INKSTONE PRINTING PTY LTD retains ownership of any Goods, all risk for such items shall pass to the Client on Delivery, and shall remain with the Client until such time as INKSTONE PRINTING PTY LTD may repossess the Goods in accordance with clause 13.3(f). The Client must insure all Goods on, or before, Delivery. In the event the Client rejects the Goods in accordance with clause 16, risk reverts to INKSTONE PRINTING PTY LTD at the time the Client notifies INKSTONE PRINTING PTY LTD that the Goods are rejected.
10.2 INKSTONE PRINTING PTY LTD reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Goods as a result of the Client’s failure to insure in accordance with clause 10.1.
10.3 If the Client requests INKSTONE PRINTING PTY LTD to leave Goods outside INKSTONE PRINTING PTY LTD’s premises for collection, or to deliver the Goods to an unattended location, then such Goods shall be left at the Client’s sole risk.
11. Material or Equipment Supplied by Client
11.1 Where the Client supplies material or equipment (“Property”) to INKSTONE PRINTING PTY LTD for the supply of the Goods:
(a) the Property will be held by INKSTONE PRINTING PTY LTD at the Client’s risk, and:
(i) INKSTONE PRINTING PTY LTD shall not be liable to the Client for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the Client to INKSTONE PRINTING PTY LTD; and
(ii) subject to sub-clause (i), INKSTONE PRINTING PTY LTD will not be liable for the damage, loss or destruction of any Property of the Client in INKSTONE PRINTING PTY LTD’s possession, unless the loss or damage is due to the failure of INKSTONE PRINTING PTY LTD to exercise due care and still in handling or storing the Property.
(b) adequate quantities shall be supplied to cover spoilage. Sheets and other materials shall not be counted or checked when received, unless requested by the Client in writing, and this shall be charged as an extra in accordance with clause 6.1; and
(c) INKSTONE PRINTING PTY LTD accepts no responsibility for imperfect work caused by defects in or unsuitability of such Property; and
(d) title to any Property incorporated in the Goods passes to INKSTONE PRINTING PTY LTD at the time of incorporation; and
(e) INKSTONE PRINTING PTY LTD has no obligation to insure any Property in INKSTONE PRINTING PTY LTD’s possession. The Client must pay the cost of any insurance arranged by INKSTONE PRINTING PTY LTD as the request of the Client.
11.2 In the case of Property left with INKSTONE PRINTING PTY LTD without specific instructions,
INKSTONE PRINTING PTY LTD shall be free to dispose of them (including in accordance with clause 21) on expiry of twelve (12) months after receiving them, and to accept and retain the proceeds, if any, to cover INKSTONE PRINTING PTY LTD’s own costs in holding and handling them.
12. Periodicals
12.1 If the contract relates to more than one (1) issue of a periodical:
(a) each issue will, for the purposes of these terms and conditions, be considered to be one (1) order; and
(b) subject to clause 18.4, a party may not terminate a contract to which these terms and conditions apply unless:
(i) in the case of periodicals published weekly or more frequently, that party has given four (4) weeks’ notice of that party’s intention to terminate the contract; or
(ii) in the case of periodicals published fortnightly or more frequently (but less frequently that weekly), that party has given right (8) weeks’ notice of that party’s intention to terminate the contract; or
(iii) in the case of periodicals published less frequently than fortnightly, that party has given thirteen (13) weeks’ notice of that party’s intention to terminate the contract. 13. Title
13.1 INKSTONE PRINTING PTY LTD and the Client agree that the Client’s obligations for the Services shall not cease, and ownership of the Goods shall not pass, until:
(a) the Client has paid INKSTONE PRINTING PTY LTD all amounts owing to INKSTONE PRINTING PTY LTD; and
(b) the Client has met all other obligations due by the Client to INKSTONE PRINTING PTY LTD in respect of all contracts between INKSTONE PRINTING PTY LTD and the Client.
13.2 Receipt by INKSTONE PRINTING PTY LTD of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then INKSTONE PRINTING PTY LTD’s ownership or rights in respect of the Goods, and this contract, shall continue.
13.3 It is further agreed that, until ownership passes to the Client in accordance with clause 13.1:
(a) the Client is only a bailee of the Goods and:
(i) must return the Goods to INKSTONE PRINTING PTY LTD immediately upon request by INKSTONE PRINTING PTY LTD; and
(ii) must store the Goods so that they are clearly identifiable as the property of INKSTONE PRINTING PTY LTD.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for INKSTONE PRINTING PTY LTD and must pay to INKSTONE PRINTING PTY LTD the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; and
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of sale of the Goods on trust for INKSTONE PRINTING PTY LTD and must pay or deliver the proceeds to INKSTONE PRINTING PTY LTD on demand; and
(d) the Client should not convert or process or use the Goods, or intermix them with other goods, but if the Client does so then the Client shall be liable for the full payment to INKSTONE PRINTING PTY LTD of the Price; and
(e) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of INKSTONE PRINTING PTY LTD; and
(f) the Client irrevocably authorises INKSTONE PRINTING PTY LTD to enter any premises where INKSTONE PRINTING PTY LTD believes the Goods are kept and recover possession of the Goods.
13.4 All disks, tapes, compact disks or other media (other than Property supplied by the Client) used by INKSTONE PRINTING PTY LTD to store data for the purposes of supplying the Goods are the property of INKSTONE PRINTING PTY LTD. The Client cannot require INKSTONE PRINTING PTY LTD to supply to the Client any data stored. In the event that INKSTONE PRINTING PTY LTD does supply any data so stored or created, INKSTONE PRINTING PTY LTD may charge for supplying such data to the Client in accordance with clause 6.
14. Personal Property Securities Act 2009 (“PPSA”)
14.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
14.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods, and/or all monetary obligations of the Client to INKSTONE PRINTING PTY LTD for Services, that have previously been provided (if any), and that will be provided in the future, by INKSTONE PRINTING PTY LTD to the Client.
14.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which INKSTONE PRINTING PTY LTD may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 14.3(a)(i) or 14.3(a)(ii);
(b) indemnify, and upon demand reimburse, INKSTONE PRINTING PTY LTD for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of INKSTONE PRINTING PTY LTD;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of INKSTONE PRINTING PTY LTD.
14.4 INKSTONE PRINTING PTY LTD and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
14.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
14.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
14.7 Unless otherwise agreed to in writing by INKSTONE PRINTING PTY LTD, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
14.8 The Client must unconditionally ratify any actions taken by INKSTONE PRINTING PTY LTD under clauses 14.3 to 14.5.
14.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
15. Security and Charge
15.1 In consideration of INKSTONE PRINTING PTY LTD agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
15.2 The Client indemnifies INKSTONE PRINTING PTY LTD from and against all INKSTONE PRINTING PTY LTD’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising INKSTONE PRINTING PTY LTD’s rights under this clause.
15.3 The Client irrevocably appoints INKSTONE PRINTING PTY LTD and each director of INKSTONE PRINTING PTY LTD as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 15 including, but not limited to, signing any document on the Client’s behalf.
16. Defects, Warranties and the Competition and Consumer Act 2010 (CCA)
16.1 The Client must, on Delivery, inspect the Goods, and must within seven (7) days of such time notify INKSTONE PRINTING PTY LTD in writing of any evident defect/damage, error or omission, shortage in quantity, or failure to comply with the description or quotation. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after
any such defect becomes evident. Upon such notification the Client must allow INKSTONE PRINTING PTY LTD to inspect the Goods.
16.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (“NonExcluded Guarantees”).
16.3 INKSTONE PRINTING PTY LTD acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
16.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, INKSTONE PRINTING PTY LTD makes no warranties or other representations under these terms and conditions including, but not limited to, the quality or suitability of the Goods. INKSTONE PRINTING PTY LTD’s liability in respect of these warranties is limited to the fullest extent permitted by law.
16.5 If the Client is a consumer within the meaning of the CCA, INKSTONE PRINTING PTY LTD’s liability is limited to the extent permitted by section 64A of Schedule 2.
16.6 If INKSTONE PRINTING PTY LTD is required to rectify, re-supply, or pay the cost of re-supplying the Goods under this clause or the CCA, but is unable to do so, then INKSTONE PRINTING PTY LTD may refund any money the Client has paid for the Goods, but only to the extent that such refund shall take into account the value of Goods which have been supplied to the Client which were not defective.
16.7 If the Client is not a consumer within the meaning of the CCA, INKSTONE PRINTING PTY LTD’s liability for any defective Goods is:
(a) limited to the value of any express warranty, or warranty card, provided to the Client by
INKSTONE PRINTING PTY LTD at INKSTONE PRINTING PTY LTD’s sole discretion; or
(b) limited to any warranty to which INKSTONE PRINTING PTY LTD is entitled, if INKSTONE PRINTING PTY LTD did not manufacture the Goods; or
(c) otherwise negated absolutely.
16.8 Subject to this clause 16 (and in particular clause 16.9), the return of defective Goods will only be accepted provided that:
(a)
the Goods exhibit a variation from the final proof approved by the Client, including but not
limited to, colour; and
(b) the Client has complied with the provisions of clause 16.1; and
(c) INKSTONE PRINTING PTY LTD has agreed that the Goods are defective; and
(d) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(e) the Goods are returned in as close a condition to that in which they were delivered as is possible.
16.9 Notwithstanding clauses 16.1 to 16.8, but subject to the CCA, INKSTONE PRINTING PTY LTD shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to correct any error in proof (as per clause 7.1); or
(b) the Client failing to properly store the Goods; or
(c) the Client using the Goods for any purpose other than that for which they were designed; or
(d) the Client continuing to use the Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user; or
(e) interference with the Goods by the Client or any third party without INKSTONE PRINTING PTY LTD’s prior approval; or
(f) the Client failing to follow any instructions or guidelines provided by INKSTONE PRINTING PTY LTD; or
(g) fair wear and tear (including the fading of inks), any accident, or act of God.
16.10 INKSTONE PRINTING PTY LTD may, in its absolute discretion, accept non-defective Goods for return, in which case INKSTONE PRINTING PTY LTD may require the Client to pay handling fees of up to twenty percent (20%) of the value of the returned Goods, plus any freight costs. Other than in accordance with this clause 16, non-stocklist items, or Goods made to the Client’s specifications, are under no circumstances acceptable for credit or return.
16.11 Notwithstanding anything contained in this clause if INKSTONE PRINTING PTY LTD is required by a law to accept a return, then INKSTONE PRINTING PTY LTD will only accept a return on the conditions imposed by that law.
17. Intellectual Property and Confidentiality
17.1 Unless agreed otherwise between INKSTONE PRINTING PTY LTD and the Client, drawings, sketches, painting, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by INKSTONE PRINTING PTY LTD in the course of, or in preparation of, supplying the Goods (whether or not in fact used for the purposes of supplying the Goods) are the property of INKSTONE PRINTING PTY LTD.
(a)
17.2 Intellectual property rights in all artistic and literary work authored by INKSTONE PRINTING PTY LTD shall be the property of INKSTONE PRINTING PTY LTD. The Client:
warrants that the Client has copyright in, or a license to authorise INKSTONE PRINTING PTY LTD
to reproduce, all artistic and literary work supplied by the Client to INKSTONE PRINTING PTY LTD for the purposes of supplying the Goods, and the Client hereby expressly authorises INKSTONE PRINTING PTY LTD to reproduce all and any of such work for the purposes aforesaid; and
(b) hereby indemnifies and agrees to keep indemnified INKSTONE PRINTING PTY LTD against all liability, losses or expenses incurred by INKSTONE PRINTING PTY LTD in relation to, or in any directly or indirectly connected with any breach of copyright or of any right in relation to copyright in such literary or artistic work supplied as aforesaid; and
(c) the Client is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic work authored by INKSTONE PRINTING PTY LTD for the purposes of the supply of the Goods, however the exercise of such license shall be conditional upon INKSTONE PRINTING PTY LTD having received all monies due to INKSTONE PRINTING PTY LTD under these terms and conditions.
17.3 The Client agrees that INKSTONE PRINTING PTY LTD may (at no cost) use for the purposes of marketing or entry into any competition, any Goods which INKSTONE PRINTING PTY LTD has created for the Client.
17.4 The Client must keep confidential, and not use, any ideas communicated by INKSTONE PRINTING PTY LTD to the Client without INKSTONE PRINTING PTY LTD’s written consent.
18. Default and Consequences of Default
18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at INKSTONE PRINTING PTY LTD’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
18.2 If the Client owes INKSTONE PRINTING PTY LTD any money the Client shall indemnify INKSTONE
PRINTING PTY LTD from and against all costs and disbursements incurred by INKSTONE PRINTING PTY LTD in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, INKSTONE PRINTING PTY LTD’s contract default fee, and bank dishonour fees).
18.3 Further to any other rights or remedies INKSTONE PRINTING PTY LTD may have under the contract, if the Client has made payment to INKSTONE PRINTING PTY LTD by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by INKSTONE PRINTING PTY LTD under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under the contract.
18.4 Without prejudice to any other remedies INKSTONE PRINTING PTY LTD may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions INKSTONE PRINTING PTY LTD may suspend or terminate the supply of Goods to the Client. INKSTONE PRINTING PTY LTD will not be liable to the Client for any loss or damage the Client suffers because INKSTONE PRINTING PTY LTD has exercised its rights under this clause.
(a)
18.5 Without prejudice to INKSTONE PRINTING PTY LTD’s other remedies at law INKSTONE PRINTING PTY LTD shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to INKSTONE PRINTING PTY LTD shall, whether or not due for payment, become immediately payable if:
any money payable to INKSTONE PRINTING PTY LTD becomes overdue, or in INKSTONE PRINTING
PTY LTD’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
19. Cancellation
19.1 INKSTONE PRINTING PTY LTD may cancel any contract to which these terms and conditions apply, or cancel Delivery at any time before the production of the Goods are delivered, by giving written notice to the Client. On giving such notice INKSTONE PRINTING PTY LTD shall repay to the Client any money paid by the Client for the Goods, less any amounts owing the INKSTONE PRINTING PTY LTD for Services performed up to that date. INKSTONE PRINTING PTY LTD shall not be liable for any loss or damage whatsoever arising from such cancellation.
19.2 In the event that the Client cancels the contract, or Delivery, the Client shall be liable for any and all loss incurred (whether direct or indirect) by INKSTONE PRINTING PTY LTD as a direct result of the cancellation (including, but not limited to, any loss of profits). However, cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
20. Privacy Act 1988
20.1 The Client agrees for INKSTONE PRINTING PTY LTD to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occInkstone Printing Pty Ltdtion, previous credit applications, credit history) about the Client in relation to credit provided by INKSTONE PRINTING PTY LTD.
20.2 The Client agrees that INKSTONE PRINTING PTY LTD may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
20.3 The Client consents to INKSTONE PRINTING PTY LTD being given a consumer credit report to collect overdue payment on commercial credit.
(a)
20.4 The Client agrees that personal credit information provided may be used and retained by
INKSTONE PRINTING PTY LTD for the following purposes (and for other agreed purposes or required by):
(a) the supply of Goods; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the supply of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
20.5 INKSTONE PRINTING PTY LTD may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
20.6 The information given to the CRB may include:
(a) personal information as outlined in 20.1 above;
(b) name of the credit provider and that INKSTONE PRINTING PTY LTD is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and INKSTONE PRINTING PTY LTD has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of INKSTONE PRINTING PTY LTD, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
20.7 The Client shall have the right to request (by e-mail) from INKSTONE PRINTING PTY LTD:
(a) a copy of the information about the Client retained by INKSTONE PRINTING PTY LTD and the right to request that INKSTONE PRINTING PTY LTD correct any incorrect information; and
(b) that INKSTONE PRINTING PTY LTD does not disclose any personal information about the Client for the purpose of direct marketing.
20.8 INKSTONE PRINTING PTY LTD will destroy personal information upon the Client’s request (by email) or if it is no longer required unless it is required in order to fulfil the obligations of the contract or is required to be maintained and/or stored in accordance with the law.
20.9 The Client can make a privacy complaint by contacting INKSTONE PRINTING PTY LTD via e-mail. INKSTONE PRINTING PTY LTD will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within
thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
21. General Lien
21.1 Where the Client has left any Property with INKSTONE PRINTING PTY LTD for the supply of the Goods, and INKSTONE PRINTING PTY LTD has not received or been tendered the whole of any amounts owing to it by the Client, INKSTONE PRINTING PTY LTD shall have, until all amounts owing to INKSTONE PRINTING PTY LTD are paid:
(a) a lien on the Property; and
(b) the right to retain or sell the Property, after providing fourteen (14) days’ notice to the Client, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
21.2 In the event that any of the Client’s Property held by INKSTONE PRINTING PTY LTD as aforesaid enjoys copyright protection in favour of the Client, the Client hereby grants INKSTONE PRINTING PTY LTD a licence to exercise the rights conferred on INKSTONE PRINTING PTY LTD under this clause 21.
21.3 The lien of INKSTONE PRINTING PTY LTD shall continue despite the commencement of proceedings, or judgment for any moneys owing to INKSTONE PRINTING PTY LTD having been obtained against the Client.
22. General
22.1 The failure by INKSTONE PRINTING PTY LTD to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect INKSTONE PRINTING PTY LTD’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
22.2 These terms and conditions, and any contract to which they apply, shall be governed by the laws of New South Wales, the state in which INKSTONE PRINTING PTY LTD has its principal place of business, and are subject to the jurisdiction of the Sydney courts in that state.
22.3 Subject to clause 16, INKSTONE PRINTING PTY LTD shall be under no liability whatsoever to the Client in contract, tort (including, but not limited to, negligence or breach of statutory duty or any failure by INKSTONE PRINTING PTY LTD to deliver, or any delay in delivering, the Goods) or otherwise to compensate the Client for any indirect and/or consequential loss and/or expense (including loss of profit, revenue, business, contracts or anticipated savings) suffered by the Client, whether arising from a claim by a third party or otherwise. Alternatively, INKSTONE PRINTING PTY LTD’s liability shall be limited to damages which under no circumstances shall exceed the Price.
22.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by INKSTONE PRINTING PTY LTD nor to withhold payment of any invoice because part of that invoice is in dispute.
22.5 INKSTONE PRINTING PTY LTD may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
22.6 The Client agrees that INKSTONE PRINTING PTY LTD may amend these terms and conditions at any time. If INKSTONE PRINTING PTY LTD makes a change to these terms and conditions, then that change will take effect from the date on which INKSTONE PRINTING PTY LTD notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for INKSTONE PRINTING PTY LTD to supply Goods to the Client.
22.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
22.8 The Client warrants that it has the power to enter into the contract and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that the contract creates binding and valid legal obligations on it.

User Agreement

Terms of service: an agreement between you and Inkstone Printing to enter and use this website and services

Welcome to the Inkstone Printing website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 Inkstone Printing Services:
  • Create, design, customize products that are listed for sale.
  • Buy products that are listed for sale
  • Save and share designs that your may have created.
  • Use our fun picture and design tools.
  • Save created images and designs into public and personal galleries.
  • Post your created images to social networks or bloggs that you have the legal right to do so
  • Registering to subscribe to special offers and use of galleries.

2 Using our Inkstone Printing Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.


2.1 ELIGIBILITY CHILDREN UNDER 18.
Inkstone Printing will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.



2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:
  • Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
  • A person means any form of legal entity as well as any quasi-legal entity.
  • A User means any person using the website and/or services provided by Piki Print
  • A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
  • The word includes in any form is not a word of limitation.


3 User's Obligations


3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:
  1. all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
  2. the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
  3. complying with all laws, regulations and rules in the uses country or jurisdiction;
  4. complying with any recommendations or guidelines issued by Inkstone Printing with respect to the use of the Website and/or services and
  5. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.


3.2 Restrictions on Users
Users shall not and has no right to either:
  1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
  2. use either the Website to supply any service to any person; or
  3. modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
  4. access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
    1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
    2. is libellous, defamatory or slanderous,
    3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
    4. contains explicit sexual content,
    5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
    6. is designed to or does harass, threaten, defame or abuse others,
    7. exploits images or the likeness of minors,
    8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
    9. is generally offensive or in bad taste;
  5. use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
  6. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWARE® Platform,
  7. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
  8. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
  9. collect electronic mail addresses or other information from our Website,
  10. impersonate another person or entity,
  11. engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
  12. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
  13. frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.

USER ACKNOWLEDGES AND AGREES THAT Inkstone Printing MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. Inkstone Printing Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, Inkstone Printing shall allow user to access and use the Website and the services .

4.2 Privacy: Inkstone Printing may collect personal data concerning the user in the course of and incidental to users use of the Website and services. Inkstone Printing shall comply with, and user hereby consents irrevocably and unconditionally to Inkstone Printings collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training
User acknowledges that Inkstone Printing has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website.
Inkstone Printing reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Inkstone Printing shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.


5. Intellectual Property Rights

5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. Inkstone Printing grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by Inkstone Printing; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, Inkstone Printing may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that Inkstone Printing does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Inkstone Printing an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.


6. Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Inkstone Printing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Inkstone Printing cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.


7. Warranties


7.1 Users warranties
User represents and warrants to Inkstone Printing that, in its use of the Website and the Services provided, it:
  1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
  2. will comply with all applicable laws, rules, and regulations.
  3. User further represents and warrants to Inkstone Printing that:
  4. there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
  5. Inkstone Printing will not be required to make any payments or compensation to any person in connection with its use of such content; and
  6. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.


7.2 Inkstone Printings warranties
Inkstone Printing represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats
  • Inkstone Printing provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Inkstone Printing that the functionality or operation of the Website and/or the services will:
    1. be uninterrupted or free of errors and inaccuracies;
    2. meet users requirements; or
    3. operate in the configuration or with the hardware or software used by user.
  • User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
  • Inkstone Printing does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Inkstone Printing is not liable.
  • Inkstone Printing does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.


7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Inkstone Printing, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance
(a) User acknowledges that neither Inkstone Printing nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Inkstone Printing, except for representations or inducements expressly set out in these Terms of Use.


8. Exclusion and Limitation of Liability

8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall Inkstone Printing be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
  1. any third party;
  2. actions of user that were not expressly authorised by Inkstone Printing;
  3. accident, misuse or abuse by anyone other than Inkstone Printing;
  4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Inkstone Printing;
  5. products (including any hardware or software) or services not licensed or supplied by Inkstone Printing;
  6. power surge or failure,
  7. events of force majeure or events outside Inkstone Printings actual control; or
  8. any other condition not arising under normal operating conditions;

(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Inkstone Printing has been advised of the possibility of any particular loss or damage.

8.3 Links
Inkstone Printing may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Inkstone Printing is not responsible for the operation of or content located on any such website, and Inkstone Printing cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Inkstone Printing for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Inkstone Printing's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally Inkstone Printing , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.


9. Termination

9.1 Termination
(a) At any time and with or without cause, Inkstone Printing may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Inkstone Printing. In no event shall any such termination or suspension by Inkstone Printing relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, Inkstone Printing may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Inkstone Printing shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.


10. General

10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation
Inkstone Printing may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Inkstone Printing services.

10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment
(a) Inkstone Printing may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.
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