Terms & Conditions
- Terms & Conditions
DIRECTORY TERMS AND CONDITIONS
Haley Danielle Rivers t/a findmyink (ABN 11 634 969 507) (referred to as Find My Ink) provides a searchable directory of tattoo artists, tattoo studios and related businesses (Artists) and an introductory service between these Artists and members of the public who require their services (Customers) (collectively, the Services). The Services are available on the Find My Ink website at www.findmyink.com (Site).
(a) These Directory Terms and Conditions (Terms) form a binding legal agreement between Find My Ink, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services, including the Artists and Customers (collectively referred to as Users, each a User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Find My Ink using the contact details at the end of these Terms.
(b) The User’s use of the Site and the Services indicates that:
(i) the User has had sufficient opportunity to access the Terms and contact Find My Ink;
(ii) the User has read, accepted and will comply with the Terms;
(iii) the User has legal capacity to enter into a contract for sale; and
(iv) the User is 18 years or older, or if younger than 18 years, the User has the approval of its parent or guardian.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
(c) These Terms may be amended from time to time, without prior notice. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Find My Ink recommends that each User check the current Terms, before continuing use of the Services. Find My Ink’s agents, employees and third parties do not have authority to change the Terms.
(d) These Terms supplement and incorporate:
(ii) the PayPal Terms of Service including, without limitation, the User Agreement.
2. Introductory Service Only
(a) The Site and the Services provide a searchable directory of Artists and an online introductory platform between Customers and Artists.
(b) A User must register on the Site and create an account (Account) to become an Artist and a Customer.
(c) An Artist with an Account may create a profile as per information requested on the Site (Profile) to promote their business and to advertise the provision of their tattoo services and the suburbs or geographical areas they service (Tattoo Offers).
(d) A Customer with an Account may create a Profile to enable them to search for Artists and Tattoo Offers.
(e) When a Customer searches for an Artist on the Site, Artists with a Profile satisfying the Customer’s search query will appear as a listing on the Site (Listing).
(f) An Artist must subscribe as a member (Subscription) for a one (1) month period or such other fixed term as set out on the Site (Subscription Period) to create an Account and Profile. The fees for each Subscription Period (Monthly Subscription Fee) are set out on the Site.
(g) The Artist may set out any relevant information in the Profile such as the Artist’s location(s), service they provide, any Tattoo Offers, opening hours, contact details and website address. Such information will also appear in a Listing subject to a Customer’s search query.
(h) Customers can view Profiles and Listings and contact Artists using the contact information provided by the Artist such as email address, phone and/or business address. Customers may also submit their email to Find My Ink and subscribe for updates about the Site and Services.
(i) Each Customer understands and agrees that the Site is a directory and an online introductory platform only, and that Find My Ink’s responsibilities are limited to facilitating the availability of the Site and the Services.
(j) If a Customer contacts an Artist and requests any services provided by that Artist, any agreement subsequently entered into is between the Customer and the Artist. Find My Ink is not a party to any agreement.
(k) The Users acknowledge and agree that Find My Ink is not responsible for any links of the Site to third party websites, including social media platforms. Any links of the Site created by Users will be subject to the terms and conditions of that third party website or social media platform.
(l) Find My Ink is not a business advisor, mentor, referrer or booking agent, and provides no such related services. Find My Ink has no control over the conduct of the Customer, Artist or any other users of the Site and the Services. Find My Ink disclaims all liability in this regard, as set out in these Terms.
3. Online Registration
(a) A User must register on the Site and create an Account to become an Artist and/or a Customer and access some Services and features on the Site, including creating a Profile, advertising Tattoo Offers and browsing and viewing Profiles and Listings.
(b) Each User may only have one (1) Account on the Site including a Profile.
(c) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
(d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Find My Ink reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Find My Ink proves to be inaccurate, not current or incomplete.
(f) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
(g) The User will immediately notify Find My Ink of any unauthorised use of their Account.
4. Users and User Profiles
(a) Each User acknowledges and agrees that while the Site allows Users to find ways to contact each other, Artists are not permitted to share the contact information of Customers, or other Users of the Site, unless this information is publically available on the Site.
(b) Each User should report to Find My Ink any activities or requests of Users which are, or which the User reasonably believes to be:
(iii) illegal; or
(iv) likely to have a negative effect on the reputation of Find My Ink, the Site, Services and/or a User.
(c) Each User represents and warrants that any content that it provides and Profile and Listing that it posts:
i. will not breach any agreements it has entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
iii. will not conflict with the rights of third parties.
(d) Each User acknowledges and agrees that the Site, Profiles, Listings and/or Tattoo Offers contain intellectual property of other Users, including but not limited to copyright which subsists in all creative and literary works, and that nothing in these Terms grants a license or assignment of any User’s intellectual property rights, whether registered or unregistered, except with a User’s written permission.
(e) A User must not breach the intellectual property rights of another User by, including, but not limited to:
i. altering or modifying any of the intellectual property;
ii. creating derivative works from the intellectual property; or
iii. using the intellectual property for commercial purposes such as onsale to third parties.
(f) For the avoidance of doubt, Find My Ink assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
(g) Find My Ink reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts, Profiles and/or Listings that Find My Ink, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
5. Artist additional obligations
(a) An Artist which has created an Account is also permitted to create a Profile once the Artist has a Subscription. The Profile for its use of the Site is created from the information (which may include personal information) the Artist provides to Find My Ink.
(b) Each Artist acknowledges and agrees that it is responsible for its own Profile.
(c) By registering an Account, the Artist warrants that they have their own public liability insurance and any other insurance that they can reasonably be expected to have in respect of any services provided.
(d) By making any Tattoo Offer on a Profile, each Artist represents that they are authorised to offer and sell that Tattoo Offer and hold the appropriate tattoo licenses and registrations as authorised by any relevant state government body.
6. Ratings and Reviews
(a) Customers may rate a Profile or Listing (Rating), which determines the popularity of individual Profiles or Listings. Customers may also provide feedback to Artists regarding Tattoo Offers purchased by that Customer (Review).
(b) Ratings and Reviews of an Artist can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Artist’s Account, Profile and Listing is removed or terminated.
(c) Customers must provide true, fair and accurate information in their Review.
(d) If, in Find My Ink’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Find My Ink may delete the Review or ban the Customer from posting the Review. Find My Ink does not undertake to review each Review made by a Customer.
(e) To the fullest extent permitted by law, Find My Ink is not responsible for the content of any Reviews.
(a) Customers are not required to pay any registration or membership fees for use of the Site but may be required to pay fees for Tattoo Offers as agreed between the Artist and Customer (Tattoo Offer Fee). Any arrangement between an Artist and a Customer in relation to the purchase of Tattoo Offers, including payment of any Tattoo Offer Fee, is strictly a matter between the Artist and the Customer. The payment of the Tattoo Offer Fee does not take place via the Site and Find My Ink has no involvement in the collection and payment of a Tattoo Offer Fee in any way.
(b) An Artist is required to pay the Monthly Subscription Fee as set out on the Site (total Monthly Subscription Fee payable collectively referred to as Fees). An Artist agrees to pay Find My Ink, upfront and in advance, the Fees at the time they register for an Account.
(c) Each Artist agrees to pay the relevant Fees, in the currency specified on the Site at the time of registration for an Account on the Site.
(d) Each Artist may elect to have auto-renewing Subscriptions. If the Artist makes such an election, they agree to pay each further payment of the Fees by automatic direct debit.
(e) Goods and Services Tax (GST) will be charged where applicable.
(f) An Artist is required to pay for the Services by direct debit or by credit card. The initial payment will be processed upon receipt of the request for registration of an Account. If an Artist elects to auto-renew their Subscription, each subsequent payment will be automatically charged to the Artist’s direct debit account or credit card on a monthly basis. The Artist must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If any payment from an Artist is not able to be successfully processed then the request for an Account may be cancelled, their Account may be removed and any Listing or Tattoo Offer will not be available on the Site.
(g) In the absence of fraud or mistake, all payments made are final and the Artist shall not have the right to cancel their purchase for any reason. Further, each User agrees to satisfy all such payments made.
(h) If the User makes a payment by debit or credit card, the User warrants that: the information provided to Find My Ink is true, accurate and complete; the User is authorised to use the debit or credit card to make the payment; the payment will be honoured by the card issuer; and that the User will maintain sufficient funds in the account to cover the purchase price.
(i) Find My Ink’s pricing structure or payment methods may be amended from time to time at our sole discretion.
8. Offers and Promotions
(a) Find My Ink may, from time to time, make offers or promotions which may be applicable to the Services.
(b) The conditions of such offers or promotions will be specified on the Site.
(c) The User acknowledges and agrees that Find My Ink may, at its sole discretion, remove or extend any offers or promotions, and Find My Ink will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
9. Dispute Resolution
(a) By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of an Artist, Customer, or other third party, will be limited to a claim against the Artist, Customer or other third party, who caused harm to him or her. Find My Ink encourages Users to communicate directly with the relevant Artist, Customer, or third party to resolve any disputes.
(b) Find My Ink welcomes feedback from its Users. Find My Ink seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
(c) If there are any complaints from a User, Find My Ink will aim to respond and provide a suitable solution within 7 days. If a User is not satisfied with Find My Ink’s response, the User and Find My Ink agree to the following dispute resolution procedure:
(i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Find My Ink agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(ii) If a resolution cannot be agreed upon at the Initial Meeting, either the User or Find My Ink may refer the matter to a mediator. If the User and Find My Ink cannot agree on who the mediator should be, the complainant will ask the Law Society of South Australia to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
(d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
10. Cancellation of Registration
(a) If a User wishes to cancel its Account, it can do so by writing an email to firstname.lastname@example.org. Users can also deactivate their Account at any time via the Site.
(b) If a User is in breach of these Terms, Find My Ink may in its absolute discretion, cancel the User’s Account and remove the User’s Profile and Listing.
11. Refund Policy
(c) Any cancellation, exchange or refund of a Tattoo Offer is strictly a matter between the Artist and the Customer. The terms and conditions agreed to between the Artist and Customer should be set out clearly in respect of the Tattoo Offer.
12. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Find My Ink: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
13. Intellectual Property
(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Find My Ink (or its affiliates and/or third party licensors as applicable).
(b) The User agrees that, as between the User and Find My Ink, Find My Ink owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Find My Ink or the owner of the content.
(c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
(d) Find My Ink’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Find My Ink or the applicable trademark holder or Intellectual Property owner.
(e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Find My Ink or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
14. User Licence
(a) Subject to these Terms, Find My Ink grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Find My Ink’s prior written consent.
(b) The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
15. Permitted and Prohibited Conduct
(a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
(i) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(ii) register for more than one Account or register for an Account on behalf of another individual and/or entity;
(iii) post any Profile, Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
(iv) submit any false or misleading information;
(v) as an Artist, offer any Tattoo Offers in their Profile and/or Listing that it does not intend to honour or cannot provide;
(vi) as a Customer, make any offer for any Tattoo Offers that they do not intend to honour;
(vii) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
(viii) copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
(ix) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(x) use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(xi) use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
(xii) stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
(xiii) use, display, mirror or frame the Site, or any individual element within the Site or Services, Find My Ink’s name, any Find My Ink trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Find My Ink’s express written consent; or
(xiv) advocate, encourage, or assist any third party in doing any of the foregoing.
(a) The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Find My Ink and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
(b) The User must not post, upload, publish, submit or transmit any content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) is fraudulent, false, misleading or deceptive;
(iii) denigrates Find My Ink, the Site, Services, an Artist or Customer;
(iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(v) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii) promotes illegal or harmful activities or substances.
17. User Content
(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Find My Ink a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.
(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:
(i) it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Find My Ink the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
(ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Find My Ink’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(c) Find My Ink may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
(a) Find My Ink does not guarantee that Profiles will be viewed, or Tattoo Offers will be requested by any Customers, nor does Find My Ink guarantee that Customers will be able to find a desirable Artist and/or Tattoo Offer.
(b) Find My Ink does not endorse any Customer, Artist, Profile, Listing or Tattoo Offer. Find My Ink requires Customers and Artists to confirm that they have provided accurate information. Find My Ink does not perform any sort of background checks of Customers and Artists and does not confirm, any Customer or Artist’s identity, tattoo license and/or registration, Profile, Listing and/ or Tattoo Offer.
(c) Find My Ink cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Artist or Tattoo Offer. Customers are responsible for determining the identity and suitability of Artists that they contact via the Services.
(d) Find My Ink accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Find My Ink disclaims any and all liability related to any and all Customers, Artists, Profiles, Listings or Tattoo Offers.
(e) Find My Ink does not guarantee that Profiles, Listings or Tattoo Offers will appear in a particular order, or will display or rank accurately in accordance with a Customer’s search query.
(f) Find My Ink recommends all Customers check the identification of the Artists prior to contacting such Artists or requesting their Tattoo Offer. Find My Ink also recommends all Artists exercise due skill and care in verifying the identity of any Customer prior to the provision of the Tattoo Offer.
(a) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Artists or Customers or other third parties will be limited to a claim against the Artist or Customer or other third party who caused it harm. Find My Ink encourages the User to communicate directly with the relevant Artist or Customer on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
(b) To the fullest extent allowable under applicable law, Find My Ink disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
(c) For the avoidance of doubt, Find My Ink is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Find My Ink advises that all Users using the Site and Services should seek advice in relation to these matters.
(d) Each Artist and Customer who uses the Site and the Services does so at their own risk.
(e) Find My Ink excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
(i) Find My Ink expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
(ii) Find My Ink does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site, or the server which stores and transmits material to the User is free of viruses or any other harmful components;
(iii) Find My Ink takes no responsibility for, and will not be liable for, the Site, the Services, the Artists, the Customers or Tattoo Offers being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Tattoo Offer description, failing to meet the User’s needs, or being of less than merchantable quality; and
(iv) Find My Ink will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Profile, Listing, Tattoo Offer or the Terms, even if Find My Ink was expressly advised of the likelihood of such loss or damage.
(f) The User agrees not to attempt to impose liability on, or seek any legal remedy from Find My Ink with respect to such actions or omissions.
19. Limitation of Liability
(a) Find My Ink’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Find My Ink in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Find My Ink and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Find My Ink.
(a) Each User agrees to defend and indemnify and hold Find My Ink (and Find My Ink’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
(b) Find My Ink reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Find My Ink without restriction.
(a) Accuracy: While Find My Ink will endeavour to keep the information up to date and correct, Find My Ink makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Find My Ink expressly excludes any liability for such to the fullest extent permissible by law.
(b) Security: Find My Ink has a secured business system with an SSL connection to protect all User transactions and to ensure maximum security.
(c) Termination: Find My Ink reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Find My Ink decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account, Profile, Listing or its User Content; and (ii) the User will not be entitled to any compensation for any consequential loss as a result of a suspension, deactivation or termination of their Account.
(d) Fraudulent Activities: Each User acknowledges and agrees that, in the event Find My Ink reasonably suspects that there are fraudulent activities occurring within the Site and Services, Find My Ink reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
(e) Force Majeure: Find My Ink will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
(f) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
(g) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Find My Ink of any of the Terms shall be effective unless Find My Ink expressly states that it is a waiver and Find My Ink communicates it to the User in writing.
(h) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Find My Ink’s prior written consent.
(i) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(j) Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of South Australia, Australia, and subject to the exclusive jurisdiction of the South Australian courts. The Site may be accessed throughout Australia and overseas. Find My Ink makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
(k) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Find My Ink and each User, and supersede any prior agreement, understanding or arrangement between Find My Ink and each User, whether oral or in writing.
For questions and notices, please contact:
Haley Danielle Rivers t/a findmyink (ABN 11 634 969 507)
PO Box 1137
Clearview SA 5085