TERMS AND CONDTIONS

 

Important: Please read the terms of service below. By proceeding beyond this page, you agree to and are bound to the Terms of Service.  

Last Updated: 21 August 2021

These terms of use (the “Terms”) apply to your access to and use of the website and any material, content, and services provided through our website (collectively the “Service”), owned, and operated by Mecca 2020 Pty Ltd. operating as Institute of Ink.  Inc. (the “Institute of Ink.” or “we”).

By accessing and using the Service, you accept and agree to be bound by these Terms and all applicable laws.

PLEASE READ THESE TERMS CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES.

SECTION 1 – SERVICE USE 

1.1 Updates to Terms

We reserve the right to amend these Terms at any time, but we will use reasonable efforts to publish each amendment and we will email the amendment to you, if you have provided us with an email address, before it becomes effective. We will ensure that the latest, fully amended versions of these terms are available through our service. If you do not agree to any amendment, you may terminate your agreement with these Terms by ceasing the use of our Service.

1.2 Eligibility

The Service is solely intended for users who are at least 18 years of age (or the age of majority in your jurisdiction) or older, and any registration, access to, or use of the Service by anyone underage is unauthorized, unlicensed, and in violation of these Terms.

Moreover, through our Service, we may make available, from time to time in our sole discretion, various courses as we see appropriate (hereinafter individually referred to as a “Course” and collectively referred to as “Courses”). Institute of Ink. Courses are only intended for users who have had previous hands-on training for the equipment utilized in a Course. Courses are intended to enhance the knowledge that you already possess. Our Courses do not and are not intended in any manner whatsoever to replace hands-on training. 

Any access to or use of the Service, which, for clarity purposes, includes but is not limited to the Courses, by any individual that does not meet the requirements, is unauthorized, unlicensed, and in violation of these Terms. We may, in our sole discretion, terminate a user’s Account and prohibit the access or use of the Service (or any portion thereof), with or without notice, if we have any reason to believe that such a user does not meet the eligibility requirements. 

1.3 Privacy

You acknowledge that you have read Institute of Ink. Privacy Policy, as it may be updated from time to time located on our privacy policy page and consent to the collection, use, and disclosure of your personal information (whether previously collected or to be collected) for the purposes which have been identified in our Privacy Policy or in these Terms. 

SECTION 2 – YOUR ACCOUNT

The use of the Service may require an account which identifies the use (an ‘Account”). YOU AND YOU ALONE ARE SOLELY RESPONSIBLE FOR YOUR ACCOUNT, including but not limited to the confidentiality, maintenance and security for your account all passwords related to your Account, and any and all activities that occur under your Account. For clarity purposes, this includes all activities for any person(s) who gains access to your Account, with or without your permission. You may create an account identification and password that enables you to have access and use of particular portions of the Service. Every time that a password or account identification is used, you shall be deemed to have authorization to access and use the Service in a manner that is consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Service.

SECURITY BREACH, UNAUTHORIZED USE, ETC.

You agree to immediately notify Institute of Ink.  of any unauthorized use of your Account, any services provided via your account, any password in relation to your Account, and any breach of security in connection to your Account or any services rendered through it. Users agree to provide assistance to Institute of Ink. , if requested, to stop or rectify any breach of security in relation to your Account. 

You must not register for an Account on behalf of any individual aside from yourself on on behalf of any group or non-individual entity.

Upon creating an account, you will be asked to provide certain information. By creating an Account, you agree to provide accurate, true, current and complete information as requested by Institute of Ink. You also agree to promptly notify us of any changes to any information provided, as it is required to keep such information held by us current, complete, and accurate.

SECTION 3 – E-COMMERCE

3.1 ONLINE COURSES

Institute of Ink.  reserves the right to change what Courses are available or offered through our Service from time to time without notification and at our sole discretion. The purchase of a Course from Institute of Ink.  under these terms constitutes certain legal rights for users. The governing law in the relevant jurisdiction gives you certain legal rights, which includes the provision of products that are of satisfactory quality, as described, and fit for their intended purpose. Nothing contained in these Terms affect these legal rights.

Eligibility – A USER MAY NOT PURCHASE A COURSE UNLESS SUCH A USER MEETS THE ELIGIBILITY REQUIREMENTS SET OUT IN SECTION 1.2

Customer Acknowledgement – You acknowledge and agree that Courses are not intended to replace hands-on or in-person training in relation to any of the equipment or techniques used in the course. THE RELIANCE ON ANY INFORMATION THAT IS PROVIDED THROUGH OUR COURSE OR OTHERWISE IS USED SOLELY AT YOUR OWN RISK. INSTITUTE OF INK.  MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY, OR THE EFFICACY, COMPLETENESS, ACCURACY, TIMELINESS, OR RELEVANCE OF THE INFORMATION, SERVICES, OR ADVICE PROVIDED THROUGH OUR COURSES OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE REGULATORY AND LOCAL JURISDICTIONAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE.

Disclaimer – information provided through the Service is intended for general educational information purposes only. The Service does not constitute and is not intended to be an alternative for hands-on or in-person training regarding the equipment utilized in the Courses.

3.2 PRICING, ORDERS, AND PAYMENT

Pricing – all prices are listed in Australian dollars. Listed prices do not include applicable sales tax, which will be calculated upon checkout and added to the total cost of your order. Institute of Ink.  reserves the right to change the pricing for any Course without notification. However, such changes will not affect any Courses that users have already purchased. 

Payment Processing – Institute of Ink.  or our third-party services providers, may make available to you, various methods to process payment, in order to facilitate the purchase of Courses. Please note that by making a payment through our Service, you will also be bound by any and all applicable policies and terms of the third-party provider.

Institute of Ink.  may add or remove certain payment processing methods at our sole discretion and without notice to users. Users agree to pay for any Courses that they have ordered and allow Institute of Ink.  to charge such a user with their chosen method of payment for any Courses that were ordered. 

Forms of Payment – Institute of Ink.  accepts certain forms of payment that is available through our third-party payment provider, such as debit cards, credit cards, and PayPal. Please note that our third-party payment provider may change the available forms of payment at any time without notice to users. Please be advised that your use of any of these payment methods will also be subjected to any applicable terms, conditions, and policies of the relevant third-party payment provider.

We reserve the right to request additional information from users to verify their payment. Institute of Ink.  may also add or remove acceptable forms of payment at our sole discretion and without notice to you.

Accuracy of Information That You Provide – Institute of Ink.  will rely on the information that users provide to the Service, including the name, contact information, and billing information. Users agree to provide current, complete, and accurate purchase and account information for all purchases made through our Service, and to quickly update such information if it changes. Please ensure that you take sufficient time to read and check your order before submitting it. In the event that you need to correct any errors, you may do so before submitting it to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that you or any other person may incur, as a result of your submission of any false, incorrect, or incomplete information, or your failure to update your registration information and payment information without thirty (30) days of any change. 

Orders – Upon the completion of your order and successful payment, a legally binding and enforceable contract is created between Institute of Ink.  and the user, and we will send you a receipt by way of a confirmation email to the email address that the user has provided, which will contain the following information: 

Your information, which you provided to us, when making the order;

Our business information;

The cost and currency of the Course(s) that you have purchased, which will include taxes or additional charges;

A detailed description of the Course(s), including any relevant technical or system specifications;

The delivery arrangements;

The refund policy, if any; and

The delivery date.

Delivery – the estimated date for delivery of a Course will be stated in the confirmation email. If for any reason whatsoever, there is a delay in the estimated date of delivery, then we will let you know the revised estimated date for the delivery of the Course(s).

Security – Institute of Ink.  will do all that it reasonably can to ensure that all of the information, which was provided by the user when paying for courses, is secure by utilizing an encrypted secure payment method. However, in the absence of negligence on our part, we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you have provided to us.

3.3 REFUND POLICY

ANY COURSES OFFERED FROM INSTITUTE OF INK.  ARE NON-REFUNDABLE.

If you have an issue or problem with your order, please contact us as soon as possible, and we will assess each case based on its own merits.

3.4 CHARGEBACKS

If a user falsely, fraudulently, or otherwise dishonestly disputes the payment for a Course that was ordered from us, to the extent that a chargeback is fully or partially issued against Institute of Ink. , you agree to indemnify us for the full amount of the payment of the chargeback, in addition to any associated fees, fines, expenses, penalties. This includes associated fees, fines, expenses, and penalties that are assessed by our payment processor or the financial institutions handling the transaction.

SECTION 4 – OWNERSHIP OF CONTENT

 4.1 OUR CONTENT

In these Terms, “Content” refers to all materials and content, which includes designs, editorial, text, graphics, audio-visual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data, and any other work available through our Service.  

4.3 YOUR CONTENT

All right, title, and interest in and to comments, suggestions, ideas, and impressions of the Service (for greater certainty, Institute of Ink. Courses) given by you to Institute of Ink.  (collectively the “Feedback”) is and shall be deemed to be property of Institute of Ink. . By submitting Feedback to us, you assign to us all rights, title, and interests to such Feedback.

4.4 USE OF OUR SERVICE

Subject to these Terms, Institute of Ink.  grants users permission to access the Service as a personal, non-exclusive, non-transferrable, limited license to use the Service for non-commercial and transitory purposes. Without limiting the generality of anything contained in these Terms, users must only use the Service for lawful purposes. If at any time, a user becomes aware of any violation of any part of these Terms, by any individual or entity under a user`s control, users must immediately notify Institute of Ink.  and provide us with assistance, if requested, to stop or remedy such a violation.

Users are prohibited, directly or indirectly, from doing any of the following:

Modify, reproduce, copy, or create derivative works of any Content, unless Institute of Ink.  has expressly authorized you to do so;

Use the Content for any commercial purpose;

Create derivative works from, transfer, or sell any Content

Distribute, transmit, publicly display, or publish any Content, either for commercial or non-commercial purposes;

Remove any proprietary notations or copyright;

Disrupt or threaten the integrity, operation, or security of any service, computer, or Internet system;

Attempt to reverse engineer any software or databases contained in or accessed through the Service;

Impersonate or falsely represent your association with any person;

Scan or probe another computer system, obstruct, or bypass computer identification procedures or engage in authorized computer or network trespass without the expression permission of the owners of such computer systems;

Disable or circumvent any access, control, or related process or procedure established in relation to the Service;

Harvest, scrape, extract, gather, collect, or store personal information about others without their express consent or harvest, scrape, or use any robots, spider, crawler, script or other automated means or interface not provided by us to access the Service or to extract data, collect information, or otherwise interact with the Service, without Institute of Ink. prior, written consent; and

Sublicense, reproduce, share, resell, distribute, redistribute, copy, or exploit for any commercial purposes, except for your internal, personal, and non-commercial purposes, any portion of, use of, or access to, the Service, except where expressly authorized by Institute of Ink.

All rights not expressly granted to users are reserved by Institute of Ink.  and, if applicable, our licensors. Institute of Ink.  may, in our sole discretion, restrict, suspend, or terminate your use of the Service, including your Account, effective at any time, without any notice to you, for any reason, including if the efficiency and operation of the Service or our or any third party`s equipment or network is impaired by your use of the Service, we have received a third party complain in relation to your use or misuse of the Service, or you have been or are in breach of any term or condition of this Agreement.

4.5 COMPLAINTS

If you are of the opinion that any Content on the Service infringes upon copyright or other intellectual property right(s) that you own or control, then you may send a written letter of such an infringement to our designated liaison by email at: instituteofink.com

4.6 INFRINGER AND REPEAT INFRINGER POLICY

Institute of Ink.  has adopted a policy of terminating, in certain circumstances and at our sole discretion, users who have been deemed to be repeat infringers of intellectual property. Institute of Ink.  may also, at our sole discretion, limit access to the Service or terminate the Account of any users who infringes any of Institute of Ink. or other’s intellectual property rights, regardless whether there is any repeat infringement.

SECTION 5 – DISCLAIMERS, LIMITS OF LIABILITY, AND INDEMNITIES

5.1 RESPONSIBILITY FOR CONTENT

You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, legality, or harmfulness of any Content, information, or material received, transmitted, or sent by you use the Service.

5.2 DISCLAIMERS OF WARRANTIES

USERS ACKNOWLEDGE AND AGREE THAT ALL USES OF THE SERVICES PROVIDED BY INSTITUTE OF INK.  IS AT YOUR OWN RISK. THE SERVICE, WHICH FOR GREATER CERTAINTY INCLUDES ALL COURSES PROVIDED UNDER THESE TERMS ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE BASIS”, unless otherwise set forth herein. Institute of Ink.  does not guarantee or represents, or warrants that the Service will be error-free or that the Content will be free of errors or omissions.

Except as otherwise set out in these Terms, we make no conditions, warranties, or representations in regards to the suitability, reliability, usability, security, quality, performance, capacity, availability, timeliness, or accuracy of the Service. Institute of Ink.  expressly disclaims all conditions, warranties, and representations, express or implied or statutory, including implied conditions or warranties and representations, express, implied, or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement, whether arising through the use of trade, by course of dealing, by course of performance, at law, in equity, by statute, or otherwise however.

Additionally, your use of the Service depends on the Internet, which includes networks, cables, facilities, and equipment that is not in Institute of Ink. control. As such:

We cannot guarantee any minimum level in connection to performance, reliability, speed, availability, use or consistency.

We also cannot guarantee that data, information, messages, or materials sent via the Internet may not be completely private, and that user’s anonymity will be guaranteed.

5.3 LIMITED LIABILITY

Notwithstanding any other provision contained in these terms, in no case will Institute of Ink. , our affiliates, or our controlling parties, agents, employees, directors, officers, suppliers, resellers, licensors, or distributors (collectively in these disclaimers and limitations “we” or “us” ) will be liable for any direct, indirect, special, contingent, incidental, punitive or consequential damages, or any other damages or losses whatsoever, including but not limited to damages for loss of profit, goodwill, opportunity, earnings, use of data, bodily injury, or emotional harm arising directly or indirectly from these Terms, the Course, the Service, or any Content or software in connection therewith, regardless of the cause of action and whether in tort, contract law, or otherwise. Even if any of Institute of Ink. staff have been advised of the possibility of such damages or losses or if such damages or losses would be reasonably foreseeable, including damages or losses arising from or in any way related to the following:

Sending, receiving, not sending, not receiving, loss, deletion, or alterations of any transmissions, transactions, or data entered into through or using the Service;

Any suspension, restriction, curtailment, termination or any limitation placed on your use of the Service or Account;

User`s reliance on any information contained in a Course or Courses (ANYONE RELYING ON SUCH INFORMATION DOES SO AT THEIR OWN RISK)

The performance of the Internet or the Service;

Any loss of damage to your content or other data arising, either directly or indirectly from your use or non-use of the Service or related components;

Any act or omission from you or any third party, including any threatening, defamatory, obscene, offensive, illegal conduct, or infringements of another`s rights, which includes intellectual property rights;

The content or accuracy of any information or data, including any software, related to these Terms or viewed, downloaded, accessed, or transmitted using, over or through the Internet or the Service, including materials that may infringe the rights of others or violates relevant laws and regulations; and

Delays, errors, interruptions, omissions, non-delivery, mistakes, incorrect delivery, viruses, Trojan horses, spyware, spam, or defects in the transmission of any information or data over or through our system or networks or the system of networks of third parties.

Certain jurisdictions prohibit the use of disclaimers for certain warranties or conditions or the limitation of certain types of liability. In such a case, to the extent that such prohibitions prohibit any exclusions and limitations contained in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions. To the extent that we are found liable pursuant to section 5.3, Institute of Ink. liability shall be limited to an amount, either (a) $25.00 AUD or (b) the minimum amount permitted under the applicable laws, whichever is greater. 

5.4 INDEMNITY BY YOU

You agree to indemnity and hold Institute of Ink.  harmless from all actions, liability, proceedings, cause of action, claims, demands, losses, damages, debts, charges, and costs, which for clarity purposes includes reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgement, and expenses of any kind whatsoever incurred by Institute of Ink.  relating to or arising from:

Any of your acts or omissions, which includes breach or non-performance of these Terms and any violation of any third party rights;

Access to or use by you or permitted by you via the Service or your Account; and

Any third party claims that are a result of your reliance on any information available to you through a Course.

SECTION 6 – GENERAL PROVISIONS

6.1 GENERAL PROVISIONS

Governing Law and Jurisdiction – Institute of Ink. Terms and the rights of the parties hereto are govern by and will at all times be constructed in accordance with the laws in the Province of Ontario and the laws of Canada applicable therein, without reference to its conflict of laws principles. Users hereby irrevocably consent to the jurisdiction of the Courts Queensland Australia, in connection with any matter arising out of or in connection with these Terms.

Interpretations – In these Terms, (i) the word “including”, “includes”, and the phrase “such as”, when following a term or general statement, whether or not in non-limiting language such as “without limitation” or “but not limited to” or the use of similar words with reference thereto, is not to be constituted as limiting. Also, the word “or” between two or more listed matters does not imply an exclusive relationship between the connected matters; (ii) all references to website addresses or URLs also includes any successor or replacement websites containing significantly similar information as the referenced website(s); and (iii) monetary amounts expressed are in Australian dollars. 

Waiver of Rights and Remedies – Institute of Ink. failure to insist upon or enforce strict performance of any provisions contained in these Terms will not be construed as a waiver of any provision or right. The course of conduct between you and Institute of Ink.  and trade practices shall act to modify any provision of these Terms. Institute of Ink. rights, powers, and remedies in these Terms, including without limitation the right to suspend, terminate, or restrict your access to any part of the Service, are cumulative and in addition to and not in substitution for any right, power, or remedy that may be available to Institute of Ink.  at law or in equity.

Severability – if any of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity and unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Notifications – subject to Institute of Ink. privacy policy, we may provide you with notifications via email, in hard copy, through your Account, or via posting such a notice on our Website or otherwise through the Service, as we may determine at our sole discretion.

Assignment and Inurement – You may not assign these Terms without obtaining Institute of Ink. prior written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.

Survival – All provisions that, whether by their nature and meaning, are intended to survive the termination or expiry of these Terms, shall survive the termination or expiry of such Terms.

Entire agreement – these terms as revised from time to time, including all policies and documents referenced herein, represent the entire agreement between Users and Institute of Ink with respect to the matters referenced in these terms.

 Launguage – These terms are only available i English. No other languages will apply to these terms. 

QUESTIONS OR CONCERNS

If you have any questions or concerns about these terms, please contact institute of ink. info@instituteofink.com