1.1 InkMoney is the owner and operator of the Site.
1.2 The Site provides an online platform:
(a) for tattoo artists, tattoo studios and those in the tattoo and body art industries to subscribe to the Site to showcase their work, advertise and offer their goods and services for sale and to manage consultations;
(b) to enable consumers to view tattoo artwork and services advertised by tattoo artists and tattoo studios and schedule initial consultations;
(c) to connect consumers and other tattoo enthusiasts located anywhere in the world with tattooists and tattoo studios to facilitate enquiries and initial consultations for tattoo services;
(d) to refer consumers located in Australia (at the request of that consumer) to a finance brokerage company who may contact them to procure finance for the purposes of purchasing a new tattoo or tattoo services from artists or tattoo studios subscribed to or registered with the Site.
In these Terms the following words have the following meanings unless the context otherwise expressly provides:
App means the online and mobile application at https://www.inkmoney.co.
Artist Account has the meaning given to it in clause 12 of these Terms.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Australian Privacy Principles has the meaning given to it in the Privacy Act 1988 (Cth).
Claim means any claim, cause of action, Liability, demand, action, remedy, suit, injury, indemnity, damage, proceeding, litigation, investigation or judgment whether based in contract, tort, statute or otherwise whether present, unascertained, immediate, future or contingent.
Collector means a User that registers a Collector Account.
Collector Account has the meaning given to it in clause 10.1 of these Terms.
Collector Contact Information means any Personal Information of a Collector directly provided to a Finance Broker by InkMoney and that InkMoney considers (in its sole discretion is reasonably required by a Finance Broker to consider any request or application for Finance or to facilitate Finance for a Collector , including but not limited to name, date of birth and contact details of the Collector (including but not limited to any email address and phone number), estimated amount of Finance required, and the purpose for Finance, by a Collector.
Consultation means a meeting whether in-person, over telephone, email or by any other means between Vendors and Collectors scheduled through the Site for the purposes of engaging in preliminary discussions prior to booking a Tattoo Appointment.
Consumer has the meaning given to it in the Australian Consumer Law.
Fee means the monthly subscription fee (if any) payable in accordance with clause 13.
Finance means consumer credit to finance the purchase of a tattoo(s) and related services for amounts between $2,000 and $50,000 (inclusive).
Finance Broker means a person or other legal entity that, as an agent in the course of its business, negotiates or arranges loans of money or other credit facilities on behalf of Collectors and is paid for that service either by the Collector or a credit provider or both, including the act of originating and/or managing such loans or credit facilities on behalf of credit providers and may include Total Lifestyle Credit Pty Ltd ACN 623 119 219.
Finance Servicesmeans goods and services advertised, offered, promoted or provided by a Finance Broker.
Force Majeure Event means any occurrence or omission outside of a party’s reasonable control, as a direct or indirect result of which the party relying on the event is prevented from or delayed in performing its obligations under this Agreement (other than a payment obligation), and includes:
A. a physical natural disaster including fire, flood, lightning or earthquake;
B. riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or government declaration or direction;
C. epidemic, pandemic (including but not limited to the Covid-19 coronavirus pandemic) or quarantine restriction;
D. supply shortage or strike, lock out, stoppage, labour dispute or shortage including industrial disputes involving any of our suppliers; or power outages or interruptions, malicious code, malware or viruses, service interruptions.
Freelance Artist means an employee, contractor or freelance tattooist engaged, employed or contracted by, or that otherwise has a relationship with, one or more Studios.
A. Ink Money Pty Ltd ACN 627 770 030 ATF Ink Money Unit Trust ABN 32 608 893 833; and
B. any Related Body Corporate of any of the above.
Intellectual Property means any trademarks, logos, business names, service marks, designs, circuit layouts, Site content including but not limited to texts, images, illustrations, designs, icons, photographs, video clips, sound clips, graphics, logos, icons and all software and performance protection (whether or not now existing and whether or not registered or registerable);
Laws includes any law, whether statute or common law (including the laws of negligence and nuisance and principles of equity), ordinance, regulation, by-law, order or other determination of any government authority, industry codes of practice and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them.
Liability means any liability or obligation (whether actual, contingent or prospective), including for any Loss irrespective of when the acts, events or things giving rise to the liability occurred.
Loss means any loss (including consequential loss), damage (including indirect or consequential loss), compensation, fine, penalty, charge, payment, cost or expense (including legal costs on a full indemnity basis) however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
Moral Rights means the right of integrity of authorship, the right of attribution or authorship and the right to not have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth).
Our Services means access to and use of the Site and includes registration of a User Account in connection with the Site and the provision of the User Licence.
Permitted Context with respect to female nudity as contemplated by clause 15 means images depicting:
C. after-birth moments; or
D. health-related situations including post-mastectomy, breast cancer awareness or gender confirmation surgery).
Personal Information has the meaning given to in the Privacy Act 1988 (Cth).
Portfolio means a sample of the Registered Vendor’s tattoo artwork, displayed on the Site.
Public Health Laws means any Law or authorisation concerning public health matters (including but not limited to skin penetration procedures and body art) and/or that governs or is in any way connected to the Services.
Registered Artist means a User, that registers an Artist Account.
Registered Studio means a User that registers a Studio Account.
Registered Users means Collectors, Registered Artists and Registered Studios.
Registered Vendors means Registered Studios and Registered Artists (and each one of them).
Related Body Corporate has the meaning given to it in section 50 of the Corporations Act 2001 (Cth).
Services means goods and services advertised, offered, promoted or provided by a Vendor.
Site means the Website and App and includes any current or future versions of the Website and App.
Studio means a tattoo and/or body art studio or organisation located anywhere in the world.
Studio Account has the meaning given to it in clause11 of these Terms.
Tattoo Appointment means an appointment made by a Collector (with a Registered Vendor for the purposes of the Registered Vendor providing the Services.
Trial means the promotional offer as contemplated by clause 13.4.
Trial Period means, where clause 13.4 applies, the period starting on the day a User creates a User Account and ending at 11:59pm AEST on the last day of the Trial.
User means individuals or organisations that access, use or visit the Site, and includes Registered Users.
User Account means an account registered by a User pursuant to clauses 10,11 or 12 of these Terms.
User Licence means the non-exclusive licence granted to Registered Users to access and use the Site and any related software by virtue of clauses 10,11 or 12.
UGC means user generated content, being any form of content (including but not limited to names, biographical information, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, videos, audio, code, and all other information) that has been posted to the Site by or on behalf of Users.
Valid Payment Method has the meaning given to it in clause 9.9 of this Agreement.
Vendor means any third-party individual or legal entity that that provides goods and services in or for the body art or tattooing industry and advertises, promotes, markets or offers their goods and/or services for sale via the Site and includes (but is not limited to)
Website means this website, https://www.inkmoney.co and includes any current or future version of the website.
3.1 These Terms constitute an agreement between:
(a) InkMoney; and
(b) each User.
3.2 By accessing, using or interacting with all or part of the Site in any way, each User agrees to be bound by these Terms and all Laws that apply to the Site.
3.3 Any User that does not accept these Terms, must cease accessing the Site, cancel any User Account held by it and otherwise refrain from using and/or interacting with the Site.
4.1 Users that are a Consumer have certain legal rights under the Australian Consumer Law in relation to Our Services. Our Services must:
(a) be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
(b) be fit for the purpose or give the results that Users and InkMoney had agreed to; and
(c) be delivered within a reasonable time when there is no agreed end date.
4.2 Consumers may be entitled to remedy from InkMoney if Our Services do not meet any of the consumer guarantees in relation to Our Services under the ACL. Remedies may include cancelling Our Service, a refund for Fees paid in respect of any unused portion of Our Services and in some cases compensation for damages and loss.
4.3 Despite anything to the contrary, these Terms do not exclude, restrict or modify the application of any provision of the ACL that cannot be excluded by Law (whether applied as a Law of the Commonwealth or any State or Territory of Australia).
4.4 If there is any inconsistency between these Terms and the ACL, the provisions of the ACL will apply.
5.1 The Privacy Act 1988 (Cth) and the Australian Privacy Principles govern the way InkMoney must manage Personal Information.
6.1 Users of the Site acknowledge that they are using software that is owned by or licenced to InkMoney.
6.2 Other than Registered Vendors or except as expressly authorised by these Terms, access to, interactions with and use of the Site, the software or information on the Site for commercial or business purposes or for anything other than domestic or private use without InkMoney’s prior written permission is strictly prohibited. This includes but not is not limited to advertising or marketing activities or purposes, posting content, any reproduction, data-mining, automated querying or similar data extraction processes
6.3 To the extent permitted by Law:
(a) InkMoney may withdraw or amend the Site (and any products or services offered on the Site) without notice to Users.
(b) InkMoney will not be liable to Users if, for any reason, the Site or any part of it is unavailable at any time or for any period for any reason.
6.4 Each User is responsible for and release InkMoney against any Claims in connection with:
(a) making all arrangements necessary for the User to access, use or interact with the Site;
(b) ensuring the User has appropriate and up to date anti-virus software on any device from which that User accesses the Site;
(c) ensuring that any person that accesses the Site through that User’s device or internet connection is aware of and agrees to be bound by these Terms;
(d) any use of the Site accessed by any person through that User’s device, internet connection or using that User’s password, access or user codes (‘ Passwords’) (whether authorised by the User or not) including but not limited to where access to the User’s device, internet connection or Passwords has been gained through unlawful means or malicious code (such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material); and
(e) the acts and omissions of any person that accesses, uses or interacts with the Site as contemplated by clauses 6.4(c) and 6.4(d) as if they were that User’s own acts and omissions.
7.1 No User is a partner, joint venturer, sales representative or agent of InkMoney and no employer/ employee, master/ servant, franchisor/ franchisee or principal/ agent relationship exists between InkMoney and any User.
(a) No party may act or has any authority to act as agent of or in any way bind or commit any other party to any obligation, except as expressly stated in these Terms.
(b) The Site and InkMoney acts only as intermediary between Registered Users to facilitate a relationship between Registered Users.
(c) Users must not purport to act, or hold out that the User is acting, as the servant or agent or otherwise on behalf of the InkMoney in respect of any matter, whether in using the Site or otherwise.
8.1 When using the Site, a User must not:
(a) hack or interfere with the Site in any way;
(b) directly or indirectly infect the Site with any malicious code or viruses (whether intentionally or unintentionally);
(c) engage in unlawful acts including harassing, bullying, abusing or stalking other Users;
(d) encourage others to use the Site to undertake illegal activity;
(e) publish any content that:
(i) infringes third-party rights (including intellectual property rights);
(ii) spams other Users;
(iii) is defamatory or offensive;
(iv) is threatening or violent; or
(v) is hate speech or harassment;
(f) subject to clause 6.2 of these Terms or the terms of any User Licence, use the Site for any commercial purpose;
(g) impersonate any other person;
(h) post another person’s Personal Information or data through the Site without that person’s prior consent;
(i) use the Site in connection with the actual or attempted contravention of any Laws;
(j) use the Site in a way that infringes the intellectual property rights of any person;
(k) breach these Terms or additional terms or requirements as notified on the Site; or
(l) breach any third-party rights.
(a) individuals and aged 18 years old or over;
(b) or a business entity or corporation,
may register for a User Account in accordance with the terms set out in clauses 10,11 or 12 (as applicable).
9.2 Subject to these Terms:
(a) Registered Users may have access to additional functions through the Site (including but not limited to the ability to create a username and password, save searches and other information, post UGC onto the Website or via the App, access online forums and newsletters, make and book Consultations and receive information about promotions and special offers);
(b) InkMoney may modify or amend the functions and Our Services connected to any User Account on thirty (30) days written notice to a Registered User. Where any modifications are likely to amount to a material change in Our Services or functions offered via the User Account, a Registered User may (acting reasonably) cancel its User Account.
(a) in the case of Collectors providing these details and other Personal Information to Registered Vendors, and/or a Finance Broker pursuant to clause 10.7 below:
(b) using the Registered User’s email address and other contact details to send the Registered User information in relation to Our Services and related notices (including any notices required by law) and Services;
(c) using the Registered User’s email address and other contact details to send the Registered User other messages, such as changes to Our Services, Services and special offers.
9.5 If a Registered User does not want to receive email messages as contemplated by clause 9.4 above, the Registered User may opt out or change its email preferences. Opting out may prevent the Registered User from receiving email messages and taking advantage of all of Our Services.
9.6 When creating a User Account, Users must:
(a) Create a username: Usernames should not be the name of another person or entity or a name that is not lawfully available for use (e.g. a name or trademark that is subject to any rights of another person or entity other than that User without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene). If a User uses a pseudonym, the User acknowledges that others may still be able to identify the User if, for example, the User includes identifying information in its reviews, uses the same account information on other sites, or allow other sites to share information about that User with InkMoney;
(b) Create a password: The password a User selects should be a strong password that uses a combination of upper and lower case letters, numbers and symbols;
(c) Security: Keep their username and any passwords associated with their User Account secure and not disclose their username or password to any other person;
(d) Breach of account: Notify InkMoney immediately of any breach or attempted breach of security or unauthorised use of their User Account.
9.7 Each Registered User is solely responsible for any activity that occurs on or through that Registered User’s User Account. InkMoney will not be liable for (and each Registered User releases InkMoney from) any Claim or Liability caused or contributed to by any unauthorised access to or use of that Registered User’s User Account.
9.8 InkMoney may (in its sole discretion):
(a) refuse registration of a User Account;
(b) disable, suspend or cancel a Registered User’s User Account:
(i) if InkMoney considers or suspects (in its sole discretion) that a Registered User has failed to comply with any of the provisions of these Terms;
(ii) in the case of Registered Vendors, if InkMoney in its sole discretion, considers that the Registered Vendor’s Portfolio (or other information posted on the Site or otherwise obtained by InkMoney) indicates that the Registered Vendor does not meet an artistic level or deliver sufficient quality that is consistent with the standard that InkMoney wishes to display on the Site.
9.9 A Registered User’s User Account commences on the date the Registered User creates the User Account and submits payment pursuant to clause 13.4 via a valid, accepted method of payment (‘Valid Payment Method’).
9.10 Unless InkMoney otherwise communicates a different billing cycle, at the time of creation of the User Account, each billing cycle is one month (‘Billing Cycle’).
Users that are:
(a) are an individual that is eighteen (18) years old or over;
(b) a Consumer that is enquiring into a tattoo or services, considering acquiring a tattoo or Services or wishes to communicate with a Registered Vendor for the purpose making enquiries in respect of Services,
may create an User Account and become a Collector pursuant to these Terms (‘Collector Account’).
A Collector Account grants a Collector access to certain functions through the Site, including but not limited to:
(a) the ability to create a user-name and password;
(b) peruse the work of Vendors;
(c) connect with Registered Vendors to enquire into or procure their Services by booking a Consultation;
(d) request a referral to a Finance Broker to apply for Finance.
10.3 Consent to disclose Personal Information
By registering a Collector Account the Collector consents to InkMoney disclosing:
(a) Personal Information to those Registered Vendors the Collector wishes to engage with; and
(b) If the Collector requests InkMoney refer them to a Finance Broker, Collector Contact Information to the Finance Broker.
(a) Subject to these Terms, InkMoney grants the Collector a non-exclusive licence to access and use the Site and any related software for the dominant purpose of:
(i) accessing the InkMoney platform for the purposes of seeking inspiration for new tattoos and Services from Vendors;
(ii) connecting with Registered Vendors in connection with their Services;
(iii) being introduced to Registered Vendors via the InkMoney platform for the purposes of obtaining a quote for their Services through a Consultation;
(iv) if requested by the Collector, being referred to the Finance Broker (provided the Collector is located in Australia) for the procuring Finance; and
(v) related activities,
(b) InkMoney may revoke the Collector Licence, withdraw the Collector’s access to the Site or disable, suspend or terminate the Collector Licence InkMoney considers (in its sole discretion) that the Collector has failed to comply with any of these Terms.
10.5 Relationship with Registered Vendors
(a) Any information or other material contained on the Site in connection with a Vendor or Service is provided by the Vendor or third parties.
(b) The Collector acknowledges and accepts that, although InkMoney will use reasonable skill and care in performing Our Services:
(i) InkMoney does not verify or guarantee that information or material on the Site is accurate, complete or correct;
(ii) to the extent permitted by Law, InkMoney is not responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information; and
(iii) each Vendor remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates/fees/prices, policies and conditions and availability) in respect of their Services as displayed on the Site.
(c) The Collector acknowledges that:
(i) any Consultation facilitated through the Site or Tattoo Appointment made by the Collector with a Registered Vendor (whether facilitated through the Site or otherwise), may constitute a legal binding contract between the Registered Vendor and Collector;
(ii) any contract entered into as contemplated by clause 10.5(c)(i) above is between the Registered Vendor and Collector only and InkMoney is not a party to that contract;
(iii) without limiting clause 10.6(ii) above:
(A) any Tattoo Appointment booked by a Collector are not by or connected with InkMoney;
(B) the Registered Vendor is responsible for delivering the Services:
1. in accordance with any booking made by the Collector;
2. pursuant to Law; and
3. in accordance with any specifications or information provided on the Site or elsewhere,
and InkMoney provides no warranty and accepts no responsibility for delivery of the Services by a Registered Vendor.
(d) The Collector releases and indemnifies InkMoney from all Claims and Liability suffered or incurred by InkMoney in connection with any of the matters raised in this clause 9.3.
(a) It is the Collector’s sole responsibility to ensure that any Services the Collector books are appropriate to the Collector’s needs in all ways.
(b) Collectors acknowledge and accept that:
(i) InkMoney cannot and does not guarantee the performance of the Services provided by a Registered Vendor;
(ii) InkMoney does not endorse the skills, qualifications or ability of the Registered Vendor in any way nor do we guarantee the accuracy or completeness of the information provided by the Registered Vendor in relation to their Services, their pricing or any other information provided by the Registered Vendor;
(iii) Collectors are solely responsible for undertaking:
(A) reasonable investigations to verify the accuracy of any information provided on the Site or by, on behalf of or through InkMoney, in connection with a Registered Vendor or their Services;
(B) ensuring the skills, qualifications, ability and suitability of the Registered Vendors to provide their Services; and
(C) ensuring the suitability of the Services and that the Services are fit for the Collectors purpose.
(c) InkMoney accepts no responsibility or liability for any failure or delay on the part of the Registered Vendor to provide the Services, nor is InkMoney responsible or liable for any acts or omissions of a Registered Vendor or relevant third parties in the course of delivery of their Services.
(d) To the extent permitted by law, InkMoney will not be liable for any inconvenience, claim, loss, damage or expense resulting from or in connection with any of the matters raised in clauses 9.2 and 9.8.
(e) The Collector releases and indemnifies InkMoney from and against all loss they suffer or incur arising in any way from or in connection with any of the matters raised in clauses 9.2 and 9.8.
10.7 Referrals to Finance Broker
(a) A Collector that wishes to apply for Finance to fund all or part of its acquisition of Services, may request a referral to a Finance Broker via the Site (‘Referral Request’).
(b) Where a Collector makes a Referral Request, the Collector consents to InkMoney disclosing its Collector Contact Information to a Finance Broker.
(c) InkMoney discloses and the Collector acknowledges and accepts that InkMoney may receive a commission or lead generation fee from the Finance Broker for referring Collectors to the Finance Broker.
10.8 Finance Services
(a) It is the Collector’s sole responsibility to ensure that any request or application for Finance with a Finance Broker for Finance Services are appropriate to the Collector’s needs in all ways.
(b) Collectors acknowledge and accept that:
(i) InkMoney cannot and does not guarantee that the Finance Broker holds all the necessary licenses in order to provide the Finance Services in accordance with all applicable Laws;
(ii) InkMoney does not endorse the skills, qualifications or ability of the Finance Broker in any way nor do we guarantee the accuracy or completeness of the information provided by the Finance Broker in relation to Finance Services, their pricing or any other information provided by the Finance Broker;
(iii) Collectors are solely responsible for undertaking:
(A) reasonable investigations to verify the accuracy of any information provided on the Site or in connection with a Finance Broker or Finance Services;
(B) ensuring the skills, qualifications, ability and suitability of the Registered Finance Broker to provide Finance Services; and
(C) ensuring the suitability of the Finance Services and that the Finance Services are fit for the Collectors purpose.
(c) InkMoney accepts no responsibility or Liability for any failure or delay on the part of the Finance Broker to provide the Finance Services, nor is InkMoney responsible or liable for any acts or omissions of a Registered Vendor or relevant third parties in the course of delivery of the Finance Services.
(d) To the extent permitted by Law, InkMoney will not be liable for any inconvenience, Claim or Loss resulting from or in connection with any of the matters raised in clauses 9.2 and 9.8.
(e) The Collector releases and indemnifies InkMoney from and against all Claims or Liability suffered or incurred arising in any way from or in connection with any of the matters raised in clauses 9.2 and 9.8.
(f) Collectors acknowledge that nothing on the Site constitutes the provision of a financial service or financial product.
11.1 Creation of Studio Account
Users that are a Studio may create a User Account and become a Registered Studio pursuant to these Terms (‘Studio Account’).
A Studio Account grants a Studio access to certain functions through the Site, including but not limited to:
(a) the ability to create a user-name and password;
(b) access to list the Studio on the Site;
(c) ability to customise the Studio’s Portfolio to showcase the Studio’s Portfolio;
(d) receive customer leads and facilitate Consultations
11.3 Studio Licence
(a) Subject to these Terms, InkMoney grants Registered Studios a non-exclusive licence to access and use the Site and any related software for the dominant purpose of:
(i) detailing and listing, contact details, previous artwork (including high-quality photographs) with respect to their Studio on the InkMoney platform;
(ii) upon request to us in accordance with these Terms, being provided with contact information of Collectors to facilitate a Consultation and communicate and negotiate outside of the Site; and
(iii) related activities
(b) InkMoney may revoke the Studio Licence, withdraw the Studio’s access to the Site or terminate or suspend the Studio Licence if InkMoney considers (in its sole discretion) that the Studio has failed to comply with any of these Terms.
(a) Registered Studios warrant that:
(i) they hold the necessary licences at Law to provide the Services;
(ii) they will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles when dealing with Collector Contact Information;
(iii) they hold the skills, qualifications and ability to provide Services;
(iv) any information, UCG or otherwise uploaded and attributed to the Registered Studios User Account whether in their Portfolio or elsewhere on the Site is
(A) is accurate, where it states facts; and
(B) represents the Registered Studios genuinely held opinion, where it states opinions (for example, in business or services reviews).
(v) they will comply with any contract entered into with a Collector as contemplated by clause 10.5(c)(i); and
(vi) they will comply with their obligations under the ACL.
(b) Registered Studios will be liable to us and indemnify us for any Claims incurred by us as a result of or in connection with a breach by the Registered Studio of a warranty in or obligations under this clause 11.4(a) above.
12.1 Freelance Artists may create an account and become a Registered Artist subject to these Terms.
12.2 Subject to clause 1.1, a Registered Artist may have access to certain functions through our Site (including but not limited to the ability to create a user-name and password, post a Portfolio on the Site, have the ability to customise business preferences, ability to customise their Portfolio to showcase their work for viewing by Collector’s and facilitate Consultations.
12.3 Subject to these Terms of Business, InkMoney grants Registered Artists a non-exclusive licence to access and use the Site and any related software for the dominant purpose of:
(a) detailing and listing, contact details, previous artwork (including high-quality photographs) as a Portfolio on the InkMoney platform;
(b) upon request to us in accordance with these Terms and Conditions, being provided with contact details for Registered Collectors to facilitate a Consultation and communicate and negotiate outside of the Site; and
(c) related activities.
12.4 We may revoke the Artist Licence, withdraw access to the Site or disable any User Account a Registered Artist has with us if we believe (in our sole discretion) that the Registered Artist has failed to comply with any of these Terms.
12.5 Registered Artists acknowledge that where they detail their Portfolio on the Site, they are doing so at their own risk. InkMoney is not responsible for protecting the intellectual property rights of or in respect of the Registered Artists Portfolio and is not liable to a Registered Artist should another User misuse their intellectual property
(a) Registered Artists warrant that:
(i) they hold the necessary licences at Law to provide Services;
(ii) they will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles when dealing with Collector Contact Information;
(iii) they hold the skills, qualifications and ability to provide Services;
(iv) any information, UCG or otherwise uploaded and attributed to the Registered Artists User Account whether in their Portfolio or elsewhere on the Site is correct, accurate and complete;
(v) they will comply with any contract entered into with a Collector as contemplated by clause 10.5(c)(i); and
(vi) they will comply with their obligations under the ACL.
(b) Registered Artists will be liable to us and indemnify us for any Claims incurred by us as a result of or in connection with a breach by the Registered Artist of a warranty in or obligations under this clause 11.4(a).
(a) All Fees that appear on our Site will be quoted in Australian Dollars (unless otherwise stated). These prices include any applicable taxes (unless otherwise stated).
(b) Registered Users must provide a Valid Payment Method. We may change or update the accepted methods of payment from time to time.
13.2 Member Option Fees and Billings
(a) By creating a User Account ,Registered Users authorise us to debit the Fee from your Valid Payment Method in accordance with these Terms.
(c) The Billing Cycle automatically renews each month and the Fee is automatically billed each month, until the User Account is cancelled or terminated. Registered Users may terminate Registered User’s User Account at any time on providing thirty (30) days written notice to us. Unless expressly agreed by us in writing to the contrary, any Fees paid in advance will not be refunded despite the termination of your User Account.
(d) By creating a User Account, Registered Users authorise us to charge for their initial membership period in accordance with the Fee for that User Account and a monthly recurring Fee at the then current rate, which we maintain the right to change at any time.
(e) Subject to clause 13.4, when a User Account is created, the first Billing Cycle will be billed immediately. We will issue Registered Users with a receipt once payment has been processed.
(f) We reserve the right to change the timing of our Billing Cycle. If a Registered User’s paid subscription begins on a day not contained in a given month, we may bill their Valid Payment Method on a day in the given month or other day as we deem appropriate in our discretion.
(a) We may offer a Trial that allows Users access to the Site during the Trial Period.
(b) The level of access available to Users during your Trial (‘Trial Access’) may be different to that of the level of access available once your User Account commences.
(c) The duration of the Trial Period will be communicated to Users (if applicable) upon creation of their User Account;
(d) Unless otherwise communicated, a trial begins when a User Account is created and will continue for the duration of the Trial Period;
(e) User’s Trial will automatically convert to a User Account (unless cancelled) upon completion of the Trial Period, unless Users cancel your Trial prior to this date;
(f) If Users cancel their trial, their cancellation will be processed and their Trial will be terminated immediately and their Trial Access will be discontinued;
(g) Unless we expressly communicate otherwise, Trials are:
(i) not transferable;
(ii) only available to new users that have never had an Ink Money User Account; and
(iii) permitted once only per Valid Payment Method.
(h) InkMoney reserves the right in its sole discretion to determine User’s eligibility for a Trial.
14.1 Registered Vendors may terminate their User Account at any time by giving us thirty (30) days written notice requesting that their Membership Option and account be terminated.
14.2 Unless we communicate otherwise, following termination of Registered Vendors’ User Account they will have access to their Licence through the end of your current prepaid Subscription Cycle.
14.3 We reserve the right to charge a reactivation fee in the event Registered Vendors terminate their User Account and wish to reactivate it at a later date.
15.1 All Intellectual Property in the Site (‘Content’) is owned, licenced by, used with permission, or otherwise lawfully used by InkMoney.
15.2 Content and other material appearing on our Site is subject to copyright vested in us or third parties. All Content is protected by Australian and international copyright and other intellectual property laws. Users must not do anything which interferes with or breaches those laws or the intellectual property rights in the Content. Users may be liable for damages or other penalties if Users breach our intellectual property rights or copyright or intellectual property laws.
15.3 Without limiting clauses 16.1 and 16.2, we expressly reserve all rights in and to the inkmoney.co and all related domains and subdomains, the name “InkMoney”, our logos, service marks, trading names or trademarks (whether registered or unregistered). Other trademarks, products and company names mentioned on the Site may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
15.4 Despite anything to the contrary in these Terms of Business or on the Site, Users may not copy, reproduce, publish, store and transmit the Content in any form or by any means in whole or in part without the prior written approval of InkMoney, or the relevant affiliate, or third party owner.
15.5 Without limiting clause 16.2, Users may not directly or indirectly copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, remove any credits, publish, post frame within another website or create derivative works from any part of this Site or commercialise any information obtained from any part of this Site without our prior written permission or, in the case of third-party material, from the owner of the intellectual property rights in that material.
15.6 Requests and inquiries concerning reproduction and rights should be submitted to https://support.inkmoney.co/portal/en/newticket.
15.7 External website images and content, if any, accessible on inkmoney.co are used by us with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.
15.8 The copyright in material appearing on content linked from our Site vests in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). We recommend that Users refer to the relevant external copyright statement before making use of any material.
15.9 Users acknowledge that access to this Site may be withdrawn at any time without notice and these Terms of Business shall survive any such withdrawal.
15.10 For the avoidance of doubt, the fact that Users’ device downloads information from the Site for the sole purpose of displaying the Site to is not a breach of the limited licence granted under these Terms.
16.1 Posting UGC
(a) Where the functionality of Site allows, Registered Users may post User Generated Content (‘UGC’) to the Site.
(b) Any UGC posted by Registered Users will be attributed to the username they provide or the username of the account they log in with. Except where Registered Users expressly consent, we will not publish their email address on the Site.
(c) We may (in our sole discretion) refuse to publish any UGC (or remove any published UGC, without notice). We will not be liable to Registered Users for Claim in connection with our decision to refuse to publish or to remove published) UGC or in connection with the actual removal of that UCG.
(d) We may close a User Account, restrict the ability to and/or ban Registered Users from being able to post UGC to Site if we consider (in our sole discretion) the UCG is offensive, obscene, sexually explicit, defamatory, racist, harmful, threatening, inaccurate, unlawful, illegal or deceptive or otherwise in breach of these Terms.
16.2 Views and opinions
(a) Views and opinions expressed in UGC submitted by Registered Users are those of the individual or organisation submitting the UGC, not ours and we accept no responsibility for the content of any UGC.
(b) If Users consider any UGC or other content or material on the Site to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by contacting us at https://support.inkmoney.co/portal/en/newticket.
16.3 Rights, permissions & waivers
(a) Publication of Registered Users’ UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.
(b) Any UGC submitted to our Site will be considered non-confidential and non-proprietary. We cannot maintain Registered Users’ privacy if they decide to post personal information or information that can identify them to online platforms on our Site.
(c) Registered Users grant InkMoney a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish UGC (including, without limitation, the right to adapt, alter, amend or change their UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.
(d) Registered Users warrant that they have all necessary rights and permissions of the relevant owner of the UGC to allow them to grant the rights and permissions in this clause 17.2(b).
(e) Registered Users consent to InkMoney infringing any Moral Rights (or similar rights in any other jurisdiction that Registered Users may have or become entitled to in any UCG.
(a) Each time Registered Users submit UGC to our or via our Site they warrant to us that their UGC (including its use, publication and/or exploitation by us) does not:
(i) infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
(ii) contain any material which is defamatory of any person;
(iii) contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or an affiliation with any person or entity;
(iv) breach any legal or equitable duty owed to a third party, such as a contractual duty or a duty of confidence;
(v) advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
(vi) contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material;
(vii) violate any law, statute, ordinance, rule or regulation;
(viii) contain any material which:
(A) is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in Australia;
(B) exploits or may otherwise harm minors;
(C) is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called “trolling” or cyber-bullying);
(D) is threatening, abusive or invades another's privacy, or causes annoyance, inconvenience or anxiety;
(E) is sexually explicit;
(F) advocates, promotes, assists, depicts or normalises violence (including rape);
(G) depict fetish content that involves acts that are likely to lead to the death of a person or animal such as dismemberment, cannibalism or bestiality;
(H) advocates, promotes or assists any illegal activity or unlawful act or omission;
(I) could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise);
(J) gives the impression that it emanates from InkMoney or is endorsed or connected to us.
(b) Each time Registered Users submit UGC to our or via our Site they warrant to us that their UGC (including its use, publication and/or exploitation by us):
(i) is accurate, where it states facts; and
(ii) represents their genuinely held opinion, where it states opinions (for example, in business or services reviews).
(c) Registered Users warrant that before uploading or submitting any UGC that contains any material that is not owned by or licensed to them or which is subject to third party rights, they will obtain all releases, consents or licenses necessary to permit use and exploitation of the UGC by us without additional compensation or fee.
16.5 Nudity in UGC
Any UCG which contains artistic images depicting nudity and sexuality are permitted however, real female nipples must be censored unless they fall within the Permitted Context.
16.6 Consequences of breach
(a) Without limiting any of our other rights at law, if Registered Users breach any of the provisions in this clause 17.4 we may:
(i) suspend Registered Users from using the Site without notice to them;
(ii) edit or remove (in whole or part) any of their UGC from the Site on a temporary or permanent basis;
(iii) sue them for any loss or damage we suffer or incur in connection with their failure to comply with any of the provisions of this clause 17.6.
(b) Registered Users will be liable to us and indemnify us for any Claims incurred by us as a result of or in connection with a breach by them of a warranty in or obligations under this clause 17.6.
17.1 The Site may provide links to or allow Users to interact with other websites or applications which are owned or operated by third-parties. Links to other websites or applications are provided for your convenience only and we do not control these other websites and applications nor are we responsible for the content, accuracy or functionality of third-party websites and applications.
17.2 The provision of a link to a third-party website or application (including those owned or operated by Businesses, Registered Entrepreneurs or Registered Sellers) does not constitute an endorsement or approval of that website or application or any of the products or services or functionality on that website or application. We are not liable for any Claim arising from or in connection with your access or use of third-party websites or applications.
To the extent permitted by law, we do not warrant and cannot ensure the security of any information which Users provided over the internet (including through or to our Site). Accordingly, any information that Users transmit to the Site is transmitted at their own risk. If Users become aware of any problems with the security of your data or the Site, please contact us immediately.
19.1 Users must ensure that your access to or use of the Site is not illegal or prohibited by laws which apply to them. In particular, the Site may not be readily accessible from a User’s jurisdiction and if that User’s methods of accessing the Site are considered illegal or otherwise prohibited in their jurisdiction (for example, through a virtual private network), they acknowledge we take no responsibility for any liability they may incur in connection with their conduct.
19.2 We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site up to date. The information on the Site is not, and is not intended to be, advice in any nature. Users should not act or refrain to act on the basis of any of the material on the Site without first satisfying themselves as to the truth or accuracy of all information given. To the extent permitted by law, Users release us from all liability for any loss or damage suffered or incurred by the User as a result of their reliance on the accuracy or currency of information contained on the Site.
19.3 Users must take their own precautions to ensure that the process that they employ for accessing the Site does not expose themselves to the risk of viruses, malicious computer code, or other forms of interference which may damage their own computer system. We do not accept any responsibility (and Users release us from any liability) for any interference or damage to their own computer system which arises in connection with their use of this Site or any linked website.
20.1 To the extent permitted by law, access to the Site is provided “as is” and we do not make any representation or warranty of any kind, either express or implied, in connection with the Site.
20.2 User’s acknowledge that their use and access to the Site is at their own risk. To the extent permitted by law, we are not liable for (without limitation):
(a) any Claim arising out of or in any way connected to:
(i) the Site, Users’ use of or reliance on the Site, or any content or material contained on the Site (including but not limited to information about Registered Studios and/ or Registered Artists) under any circumstances, including but not limited to negligence or misrepresentation; or
(ii) an inability to use, or an interruption to, the Site; or
(b) any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of Users’ use of the Site.
20.3 Users acknowledge that our Site contains advertising, marketing and other information submitted by other Users. Any content submitted by a User and listed on the Site or elsewhere is the responsibility of that particular User. We do not accept any responsibility for the content submitted by any User.
20.4 InkMoney does not give any warranty as to the accuracy, reliability or completeness of information which is contained in the Site, including (but not limited to) information regarding Registered Studios, Registered Artists and/ or their Portfolio. Nothing contained on the Site constitutes a solicitation, recommendation, endorsement, or offer by InkMoney or any third-party service provider to buy or sell any securities or other financial instruments in this or in in any other jurisdiction. InkMoney does not give any warranty that the information contained on the Site is compliant for the purposes of any statute or law which may apply to the relevant advertisement, business, franchise or opportunity listed.
20.5 Users must rely on their own independent investigations and enquiries in making a decision with respect to getting a tattoo and must not rely on information published on the Site to make a decision.
21.1 InkMoney will provide refunds of the Fee pursuant to the Competition and Consumer Act 2010 (‘Act’) namely, if after paying the Fee and the service for the Membership Cycle is not:
(a) provided with due care and skill;
(b) fit for its purpose; or
(c) provided within a reasonable time.
21.2 If Registered Users have paid their Fee and they believe that Registered Users may be entitled to a refund pursuant to the Act, they may notify us within reasonable time by way of a ticket creation at https://support.inkmoney.co/portal/en/newticket.
21.3 Registered Users must provide us with:
(a) proof of payment of the Fee;
(b) suitable identification to identify the Registered User as the User Account holder;
(c) details as to the fault or issue with the service provided on the Site and that the fault or issue was not caused by the Registered User.
21.4 InkMoney reserves the right to refuse any request for refunds in accordance with the Act.
21.5 Where a refund is issued, the refund will be made to the Valid Payment Method used for the payment of the Fee. Please note that we do not have control over the length of time it takes to refund a Valid Payment Method. Should Registered Users have any queries in this regard, they should contact your bank.
22.1 Subject to clause 23.2 below and to the extent permitted by law, InkMoney is not liable for any Claim, compensation or refund if we are prevented or delayed in the performance of any of our obligations to User’s due wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of the other party.
22.2 InkMoney will inform Users of any such Force Majeure Event within seven (7) days of its occurrence. Should this interruption continue beyond a period of two (2) weeks, Registered Users will be entitled to a refund for the Fee paid for the period whereby we are unable to deliver our services due to the causes outlined at clause 22.1 above.
23.1 Users indemnify us against all Claims which arise out of or relate to their use of the Site, any UGC they upload to the Site or information that they provide to us via the Site or any damage that they may cause to the Site. This indemnity includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010(Cth).
23.2 Users indemnify and must keep InkMoney indemnified and hold InkMoney harmless from and against all loss Users suffer or incur arising in any way from or in connection with:
(a) any violation of the Public Health Laws or other Law by or on behalf of the User, whether before, on or after acceptance of these Terms;
(b) Services provided to a Collector (including the offer, sale, fulfilment, refund, cancellation, return or any adjustments);
(c) the death or sickness of or injury to any Collector to the extent caused or contributed to by or on behalf of Registered Vendors;
(d) damage to, or loss or destruction of, any real property or tangible personal property to the extent caused or contributed to by or on behalf of Users;
(e) Users taxes and duties, or the collection, payment or failure to collect or pay taxes or duties, or the failure to meet tax registration obligations or duties; and
(f) an alleged breach of any representations a User has made.
These Terms of Business are to be governed and construed in accordance with the laws of Victoria, Australia. If Users access the Site in a jurisdiction other than Victoria, Australia, those Users are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.