Terms of Service

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Effective date: December 20, 2020.

 

Agreement of Use and Governing Law

Use of this website constitutes agreement with the following terms of service. As such, please read them carefully. InkBlot Publishing (hereinafter “the business”, “we”, “our”, “us, ect.) is a registered Australian business under ABN 27 598 921 949 which abides by and is governed by Australian law in the state of Queensland. Any customer claims made against or in relation to the business must be lodged in the state of Queensland.

Amendment to Terms of Service

We reserve the right to amend the terms of this agreement at any time, without notice.

Copyright and Intellectual Property

Unless otherwise indicated, copyright of the content of this website and of all products produced and sold by InkBlot Publishing is the property of InkBlot Publishing under Australian copyright law. The site may also include content whose copyright belongs to third-parties and which has been lawfully included in this site by agreement or specific licence.

For personal, non-commercial purposes, you may view or make copies of the material contained on the site. Content may not be systematically downloaded, retrieved or stored. Content may not be reproduced or transmitted without our prior written permission.

Contributors to InkBlot Publishing’s magazines and other products retain the intellectual property rights and copyright to any and all content submitted for publication. InkBlot Publishing reserves the right to reproduce that content in paid products, splitting profits made in the initial sale period with contributors. 

Contributors are free to re-publish their content or submit it to other publications with the stipulation that it is noted the content was originally published by InkBlot Publishing and in which product and edition it first appeared. Specific exemptions can be negotiated and contributors are invited to contact the editors to discuss.

The InkBlot Publishing brand including various logos, the InkBlot brand name and any associated media produced in association with the brand remains the intellectual property of the business and may not be reproduced or used elsewhere without specific written permission that directly relates to the case of use. 

Use of InkBlot Content on Social Media

InkBlot Publishing acknowledges that content from this website, the business’ publications and content containing this website and those publications can be shared on social media and allows reasonable use of these things. However the business reserves the right to request the editing or removal of content that does not align with the brand, casts the business in a bad light or is used in connection with illegal or otherwise prohibited conduct such as hate speech, breach of privacy or harassment.

eCommerce and Consumer Law Compliance

The business has made and will continue to make all possible efforts to comply with Australian Consumer Law. By using this website and purchasing items through it you agree to the 

Consumer guarantees against defects for goods and services

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

All products sold by InkBlot Publishing to consumers in Australia are also subject to the Consumer Guarantees under Australian Consumer Law. Important consumer guarantees include:

  • suppliers and manufacturers guarantee that goods are of acceptable quality when sold to a consumer;
  • a supplier guarantees that goods will be reasonably fit for any purpose the consumer or supplier specified;
  • suppliers and manufacturers guarantee that their description of goods is accurate;
  • a supplier guarantees that goods will match any sample of demonstration model and any description provided;
  • suppliers and manufacturers guarantee that the goods will satisfy any extra promises made about them (express warranties);
  • a supplier guarantees that they have the right to sell the goods (clear title);
  • a supplier guarantees the consumer will have undisturbed possession;
  • a supplier guarantees that goods are not subject to any undisclosed securities; and
  • a manufacturer guarantees that they will take reasonable steps to provide spare parts and repair facilities for a reasonable time after purchase.

(Division 1 Subdivision A of the Australian Consumer Law (ACL), Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

Return, Refund and Exchange Policy

In line with Australian consumer law InkBlot Publishing guarantees the return, refund or exchange of goods and services for major failures in goods and services provided by the business. InkBlot Publishing will not issue refunds, replacements or exchanges in cases of: 

  • Natural disasters and severe weather damage,
  • Loss of product during shipping or dispatch, especially in relation to international shipping,
  • Consumer error, damage or deletion,
  • A consumer agreement to purchase seconds, imperfect prints, rejects or other products where there is an implicit agreement by nature of the product that it is inclusive of defects and faults,
  • Minor faults and acceptable errors such as misprints, misalignments, uneven trimming and slight paper damage from shipping or production. This list is not exhaustive.

Other exclusions may apply on the bounds of reasonable error and responsibility of the business. The business may still issue a refund or replacement on a case by case basis in the event of these situations but is under no obligation to do so as the consumer is no longer covered by the guarantee.

InkBlot publishing reserves the right to refuse refunds when the claim is due only to change of mind or consumer dissatisfaction with a service that has been delivered and provided in full. 

Shipping and Delivery Time

Orders that are in stock at time of ordering will be dispatched within three working days once orders are received. Orders that are not in stock will in most cases, be dispatched within five working days. If an order is not in stock and expected to take longer than usual we will notify the consumer of the delay. Overseas orders may be subject to shipping delays that are not under the control of the business. 

All orders are sent via Australia Post non-tracked shipping in standard envelopes in order to minimise shipping and handling costs to the consumer.

Order Cancellation

It may be necessary to cancel orders if delays or unforeseen events prevent production. In this case the business will offer full refunds to affected consumers.

Consumers may cancel orders provided that they contact us prior to the dispatch of the order in question. After dispatch no refund can be issued.

Payment

InkBlot Publishing accepts and conducts payment through paypal, gumroad and bank transfer. Customers purchasing physical products in the InkBlot ecommerce store or the gumroad store are entitled to alternate payment via the issuing of an invoice and a bank transfer. In this case payment is expected within 30 days of the receipt of invoice.

In the case of refunds the most likely vector used will be bank transfer or paypal refund which can be negotiated individually with consumers.

Links to other websites and information

InkBlot Publishing may include links to other websites and information on the internet from time to time for the consumers convenience. This does not imply sponsorship, endorsement or approval of the websites, their creators or the content hosted on them. InkBlot Publishing takes no responsibility for content or information found on linked websites.

Limitation of Liability

InkBlot Publishing is not liable or responsible for any harm or loss incurred through the use or consumption of this website or any products produced by InkBlot Publishing. 

Privacy and Information Collection

InkBlot Publishing will make every reasonable effort to ensure that any information collected is handled appropriately and stored securely. For full information please see the Privacy Policy.