1.1. You should read these Terms and Conditions carefully. In these Terms and Conditions "We", "Our" or "Us" means Inski.com.au trading as Inski Australia, ABN 34 001 280 431 ("Inski") and includes its directors, employees and agents; and "You" or "Your" means the person who accepts these Terms and Conditions, by using the Website and associated software, networks and processes.
1.2. The Website is operated by Inski. It provides information about products we supply to our Retailers.
1.3. By browsing the Website You agree to these Terms and Conditions as set out below.
1.4. The Agreement cannot be varied except in writing by Us.
2.1 In these Terms and Conditions: “Agreement” or “Terms and Conditions” means this document and all the terms and conditions contained within it, including any requests placed by You through the Website (if applicable). “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media). “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website. “Product” means any item listed on the Website (for sale or otherwise). “Website” means the internet site located at the URL www.Inski.com.au and operated by Inski.
2.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. 3. Site Use 3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Inski is not responsible for the content or privacy practices associated with linked web sites.
3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3. You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. Inski takes no responsibility for any such damage which may arise in connection with your use of the Website.
4. Product Specifications
4.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
4.2. All weights and dimensions mentioned are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
5.1. You may place an Order by visiting one of our Retailers, as indicated on the website. This website does currently not sell directly to the public, and there is no Order System currently provided on this website.
6.1. Each Inski Product sold by our Retailers is covered by an Inski Standard Warranty. Details of the Warranty can be viewed and downloaded here: www.Inski.com.au/warranty.
6.2. To the extent permitted by law, the warranties referred to in clause 12.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
6.3. Inski will carry spare parts for each Product for the length of the Standard Warranty period. Inski does not guarantee the availability of spare parts outside of these periods. Where a Product is outside of warranty, Inski reserves the right to refuse to supply spare parts where limited stock is available.
6.4. Certain legislation may imply warranties or conditions or impose obligations upon Inski which cannot be excluded, restricted or except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Inski is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
7. Intellectual Property
7.1. All Intellectual Property in any Material on the Website is the property of Inski. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
8.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Inski which are connected with, arise out of, relate to or are incidental to the use of the Website.
8.2. You agree to indemnify and to keep indemnified Inski and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Inski arising out of or in connection with the your use of the Website and the use of any Inski Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
9.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Inski (in negligence or otherwise) is limited (at the option of Inski) to these Terms and Conditions and those listed in related Inski warranties.
10.1. We gather personal information about our Customers for the purposes of marketing our Products to You and improving and developing our Products.
10.2. Inski is committed to protecting Your privacy and personal information because of Our legal and ethical commitment to comply with relevant law and more importantly, because We know that You care how information about You may be used and shared.
10.3. Inski will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 10.
10.4. In the process of dealing with Our Customers, We may collect and hold the following types of information:
(a) information about persons who are Customers or target Customers as given to Us by those persons, or information obtained from public domain sources such as magazines and newspapers; and}
(b) information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom We deal, collected incidentally in the course of dealing with those corporations.
10.5. The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
10.6 We may, from time-to-time, employ other companies and individuals to perform functions on Our behalf. In these circumstances We may disclose personal information to such companies and individuals to enable them to deliver services on Our behalf.
10.7 You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If You wish to access Your personal information please contact Us by e-mail at sales@Inski.com.au. A $30 administration fee will be charged for the retrieval of any personal information.
11.1 Inski reserves the right to make changes to the Inski Website and these Terms and Conditions without notice.
11.2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
11.3. A failure or delay by Inski to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Inski does not preclude its future ability to exercise that or any other power or right.
11.4. These Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.