Terms and Conditions
- Welcome to Inkl Pty. Ltd., available at www.inkl.com (Site) and in the iTunes and Google Play stores (App). By using either our Site or our App, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use either the Site or the App.
- These Terms and Conditions (Terms and Conditions) apply to every person who uses our information, documents, software, and any other products and/or services that we provide, together referred to as (Services). By using these Services, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refers to Inkl Pty. Ltd. and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
- In using our Site, App and/or Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted and will comply with these Terms and Conditions. You must be over 18 years of age to use this Site and App and to purchase any of our Services. If you do not agree to these Terms and Conditions, do not use our Site, App and/or Services.
Amendment of terms
- We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site and App from the date of publication on the new Terms and Conditions on this Site and App. Please check these Terms and Conditions regularly prior to using our Site and App to ensure you are aware of any changes. If you choose to use our Site and App then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms and Conditions govern your and Inkl Pty. Ltd.’s rights and obligations to each other.
Limitation of Liability
- By using our Site and App you agree and accept that Inkl Pty. Ltd. is not legally responsible for any loss or damage you may incur in relation to your use of the Site and App, whether for errors or from omissions in our content or information, any goods or services we may offer or from any other use of the Site, App or Services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this Site and App is entirely at your own risk, for which we shall not be liable.
- It is your own responsibility to ensure that any Services available through this Site and App meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
ACL and Consumer Guarantees
- For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth). The liability of Inkl Pty. Ltd. for any breach of a term of this agreement is limited to; the supplying of the goods or services to you again, the replacement of the goods, or the payment of the cost of having the goods or services supplied to you again.
Delivery of Goods
- Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Inkl Pty. Ltd..
- Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
You can access Our Site and App by registering for one of two types of membership:
- A Basic Membership (which is free)
- An Inkl Premium digital membership (which is purchasable at the price presented at the time of your order (see section 6.8))
An Inkl Premium digital membership provides you with access to content from news publishers that We partner with. Content from Our licensed publisher partners will be presented to Inkl Premium subscribers without pay-wall restrictions or advertising. Content from Our non-licensed publisher partners will be presented to Inkl Premium subscribers with the same pay-wall restrictions and advertising that appear on the publisher’s own site. Inkl Pty. Ltd. may vary the nature and existence of publisher partnerships at any time, without notice.
- The Subscriber shall not be permitted to, and shall not permit others, to reproduce, distribute, display, sell, publish, save, share, broadcast, communicate to the public or circulate anything other than the headline and first paragraph of articles from the Publications from the Services to anyone;
- The Services may be viewed and accessed by Subscribers for their individual use only;
- The Subscriber may only display information retrieved from the Services on the screen;
- The Subscriber may store the information retrieved from the Services on the Platform for a maximum period of 7 days;
- The Subscriber is required to reside in the Territory;
- The Subscriber is required to comply with all Applicable Laws in using the Services;
- A reservation for the Licensor or its licensors of all Intellectual Property Rights and other rights in the Publications; and
- The Subscriber may not create or store in electronic form any shared library or archive of information which could be used as a research application.
- A Basic Membership and an Inkl Premium digital membership allow for content to be read on smartphones and tablets only.
- In order to create a Basic Membership or an Inkl Premium digital membership, you will be required to create and/or link an email address and password. The login details associated with your Basic Membership and/or Inkl Premium digital membership, including your username and password, must not be shared. If any misuse is detected your membership may be terminated and you will not be eligible for a refund.
- Inkl Pty. Ltd. will process your digital membership purchase as promptly as possible. Your payment details must be verified before your membership can be activated. If your initial payment authorisation is revoked, your membership will be terminated. We reserve the right to reject any membership order at any time.
- Inkl Premium digital memberships renew automatically either (a) each month, if the membership is a monthly unlimited plan; or (b) once your Inkl article balance reaches $1, if the membership is a prepaid plan. Payment for digital memberships will be direct debited from your provided credit or debit account. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. To update your payment details, visit inkl.com, sign in to your account and change relevant information on the payments page.
- If your credit card expires or your payment method is otherwise invalid, you are entitled to a ‘Grace Period’ whereby your account will remain active, and you can continue to use our services for up to 14 days, in which time you must pay the outstanding amount and update your payment details if required. If no payment is received your membership will be automatically cancelled and your Premium access will be revoked.
- When you purchase an Inkl Premium digital membership, the price will be made clear during the order process. You agree to pay the price presented at the time of your order. You also agree to the billing frequency stated at the time of your order. Any discount eligibility is determined at the time of the order, and discounts cannot be applied retrospectively. All prices are in Australian Dollars (AUD). You are responsible for any foreign currency charges that you incur as a result of purchasing from Inkl Pty. Ltd. in Australian Dollars. Inkl Pty. Ltd. reserves the right to change its prices at any time. Inkl Pty. Ltd. will provide you with 14 days’ notice if the regular rate of an Inkl Premium digital membership changes from what was stated at the time of your order. Prices changes will take effect from your next billing date after the notice period. If you do not wish to continue your Digital Membership at the revised price, you may cancel your membership before the date of your next scheduled payment (see section 6.6).
- When using Our services you may incur additional charges such as telecommunications fees, data fees or other service provider fees. You are responsible for paying these and any additional charges.
- Inkl Pty. Ltd. may at times offer special promotions and discounts on Inkl Premium digital memberships. Any specific terms and conditions to promotional offers will be stated at the time of the promotion and will apply in addition to these general Terms and Conditions. In the event of any inconsistency between the terms and conditions of a promotional offer and these Terms and Conditions, these Terms and Conditions will apply.
- You can upgrade to an Inkl Premium digital membership at https://www.inkl.com/plans. You can also change the Inkl Premium digital membership plan you are on at https://www.inkl.com/plans. You can downgrade your Inkl Premium membership package to an inkl Basic Plan membership by emailing email@example.com. Upgrades to Inkl Premium will take effect immediately, however changing from a monthly membership to a pay-per-article membership will take place at the end of the billing cycle. Downgrades from Inkl Premium to a Basic Membership will take effect from your next billing cycle. Inkl Premium digital memberships cannot be suspended under any circumstances.
- Inkl Pty. Ltd. reserves the right to modify the inclusions, availability and content of any digital membership or membership package at any time. In the event your membership package changes, you will be given 14 days notice prior to when you would need to make a decision to cancel and not be affected by the announced changes. If you do not cancel, your package will change automatically from your next billing cycle, or as otherwise stated in Inkl’s notice to you. In special circumstances, Inkl may enable free access to Premium subscriber content for a period of time. Premium subscribers will not be eligible for a refund during this time.
- Inkl Pty. Ltd. does not and will not ask for or store your payment details in our systems. All payments for inkl are processed through secure partners and transaction details are stored securely within their PCI compliant systems. If you purchase a subscription through the app store, your payment details are held with Apple (for iOS) or Google (for Android). If you purchase your subscription directly from inkl's website, your payment details are held with Stripe.
Returns and Refunds Policy
- All charges are non-refundable. If for some unforeseen reason access to Inkl Premium services are unavailable for a continuous period of more than 24 hours you may be eligible for a credit of a pro-rated amount for the duration of the service outage. If you are unable to access Inkl Premium services due to reasons not related to Inkl Pty. Ltd, then you are not eligible for a refund or credit of any kind.
- You can cancel your Inkl Premium digital membership or your Inkl Basic membership at any time by emailing firstname.lastname@example.org. Inkl Premium memberships are non-refundable. When you cancel, you cancel only future charges associated with your membership. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access until the end of your current billing period.
Links To Other Websites
- Inkl Pty. Ltd. may from time to time provide on its Site and App, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Inkl Pty. Ltd. and the owners of those websites. Inkl Pty. Ltd. takes no responsibility for any of the content found on the linked websites.
- Inkl Pty. Ltd.’s Site and App may contain information or advertisements provided by third parties for which Inkl Pty. Ltd. accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
- To the fullest extent permitted by law, Inkl Pty. Ltd. absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Inkl Pty. Ltd. gives no warranty that our Site and App or its server is free of viruses or any other harmful components.
- Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Site and App, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on the Site and App or as to its correctness, suitability, accuracy, reliability, or otherwise.
- It is your sole responsibility and not the responsibility of Inkl Pty. Ltd. to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Site, App or any products or services that may be offered through it. It is your responsibility to do so.
- Inkl Pty. Ltd. does not and will not sell or deal in personal or customer information. We may however use non identifiable information without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its Site, App and its Services but not for any other use.
Disclose Your Information
- Inkl Pty. Ltd. may be required, in certain circumstances, to disclose information in good faith and where Inkl Pty. Ltd. is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
- If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.
- If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Inkl Pty. Ltd.. Competitors are not permitted to use or access any information or content on our Site and App. If you breach this provision, Inkl Pty. Ltd. will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
- Inkl Pty. Ltd. reserves the right to exclude and deny any person access to our Site, App and our Services, at any time in our sole discretion.
- This Site and App contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Site and App for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Site and App.
- Inkl Pty. Ltd. expressly reserves all copyright and trademark in all documents, information and materials on our Site and App and we reserve the right to take action against you if you breach any of these terms.
- Any reproduction or redistribution of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk content for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site and App as the source of the material.
- You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- If any provision of these Terms and Conditions is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these Terms and Conditions in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this agreement in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms and Conditions.
- These Terms and Conditions make up the entire agreement between you and Inkl Pty. Ltd. and supersede any prior agreement, understanding or arrangement between you and Inkl Pty. Ltd. whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Dispute Resolution, Mediation & Arbitration
Compulsory:If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice:A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
Resolution:On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
- Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Melbourne, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Arbitration and Legal Proceedings:In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules (or any rules which supersede these rules). The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause 18.6 may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
Venue and JurisdictionThe Services offered by Inkl Pty. Ltd. are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Site and App, you agree that the exclusive venue for resolving any dispute shall be Victoria, Australia.
Governing LawThis agreement is governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.