Terms and Conditions of THE INKED TATTOO SUBSCRIPTION PTY LTD
Effective Date: October 2024
1. Introduction
Welcome to THE INKED TATTOO SUBSCRIPTION (ABN 96 681 085 969), a premier membership rewards platform designed for tattoo enthusiasts. Our mission is to connect our members with their chosen tattoo artists, providing exclusive access to exceptional tattoo experiences. By becoming a member, you unlock a world of benefits, including discounts tailored to your subscription tier and the opportunity to participate in periodic giveaways, offering exciting tattoo sessions. We invite you to explore our services and join our community of passionate tattoo lovers.
These terms and conditions ("Terms") govern your use of our website ("Website") and the services provided through it. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.
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2. Definitions
"Company" refers to THE INKED TATTOO SUBSCRIPTION.
"Services" refers to the subscription-based tattoo services and related products offered by the Company.
"User" refers to any individual or entity accessing or using the Services provided by the Company.
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3. Acceptance of Terms
By using our Website and/or availing of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
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4. Use of the Website
You must be at least 18 years old to use the Website and the Services.
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website.
You must not use the Website to transmit any harmful or malicious content, including but not limited to viruses, spyware, or other harmful software.
5. Subscription Services
THE INKED TATTOO SUBSCRIPTION offers the following services to its members:
5.1 Membership Tiers:
Different subscription tiers are available, each offering various levels of access and rewards. Benefits include discounts on tattoo services, exclusive access to selected tattoo artists, and priority booking options.
5.2 Exclusive Access:
Members gain exclusive access to their chosen tattoo artists, allowing for personalised consultations and tailored tattoo designs that cater to individual preferences.
5.3 Discounts:
Depending on the chosen subscription tier, members receive discounts on tattoo sessions and products, making the tattoo experience more affordable and rewarding.
5.4 Periodic Giveaways:
THE INKED TATTOO SUBSCRIPTION conducts periodic giveaways exclusively for members. These giveaways may include free tattoo sessions, merchandise, and other exciting rewards based on subscription tiers.
5.5 Community Engagement:
Members are encouraged to engage with fellow tattoo enthusiasts through community events, forums, and social media, fostering a sense of belonging and shared passion.
6. Payment
In consideration of the Services provided, you agree to pay the fees as specified on the Website or as otherwise agreed in writing. The subscription fee is inclusive of any GST.
All payments for subscriptions are to be made in advance through a direct debit platform and are non-refundable. The User authorises THE INKED TATTOO SUBSCRIPTION to debit the User's nominated bank account, debit card or credit card for the amounts due under the subscription, including but not limited to principal, interest, fees, and any other charges as specified in the subscription tiers. The User must ensure that sufficient funds or credit limits are available in the nominated bank account, debit card or credit card to meet the direct debit payments as they fall due.
The User may cancel the direct debit authorisation by providing THE INKED TATTOO SUBSCRIPTION with at least 10 business days' written notice. Upon cancellation of the direct debit authorisation, the User must make alternative arrangements for the payment of amounts due under the subscription.
If the User disputes any direct debit transaction, the User must notify THE INKED TATTOO SUBSCRIPTION in writing within 5 business days of the transaction.
THE INKED TATTOO SUBSCRIPTION will investigate the disputed transaction and provide the User with a written response within 10 business days.
Prices are subject to change, and Users will be notified of any changes prior to renewal.
If a User fails to make any payment by the due date, THE INKED TATTOO SUBSCRIPTION reserves the right to charge interest on the overdue amount and/or to suspend the provision of the Services until payment is made.
7. Cancellation and Refund Policy
Users may cancel their subscription at any time, but cancellation will not take effect until the end of the current billing cycle.
Refunds are not provided for any payments already made.
8. User Responsibilities
Users must provide accurate and complete information when creating an account.
Users are responsible for maintaining the confidentiality of their account credentials.
9. Intellectual Property
All content, trademarks, and other intellectual property rights in the Website and associated with the Services are owned by THE INKED TATTOO SUBSCRIPTION or our licensor and are protected by applicable laws.
You are granted a limited, non-exclusive, non-transferable license to use the Website and the Services for your personal use only.
You must not reproduce, distribute, or create derivative works from any content on the Website without our prior written consent
10. Grant of Licence
By submitting any materials, including but not limited to text, images, tattoo designs, drawings, graphics, videos, or other content ("User Materials"), through the contact form on the Website, the User grants THE INKED TATTOO SUBSCRIPTION a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Materials in any media or distribution method now known or later developed.
Scope of Use
The licence granted includes the right to use the User Materials for promotional, marketing, advertising, and other business purposes, including but not limited to, displaying the User Materials on the Website, social media platforms, and other marketing channels. The licence granted further includes the right to use the User Materials for use in tattoo designs by THE INKED TATTOO SUBSCRIPTION, and its network of tattoo shops and artists.
User Representations and Warranties
The User represents and warrants that they own or have the necessary licences, rights, consents, and permissions to grant the licence described in this clause and that the User Materials do not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
No Obligation to Use
THE INKED TATTOO SUBSCRIPTION is under no obligation to use any User Materials submitted and may remove any User Materials from the Website at any time at its sole discretion.
Indemnity
The User agrees to indemnify and hold harmless THE INKED TATTOO SUBSCRIPTION from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to any breach of the representations and warranties provided in this clause.
Exclusion of Liability
To the fullest extent permitted by law, THE INKED TATTOO SUBSCRIPTION shall not be liable for any damages, losses, costs, or expenses arising out of or in connection with any third party's infringement of the User Materials uploaded by Users through the website's contact form, including but not limited to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, goodwill, or reputation, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.
No Warranty
THE INKED TATTOO SUBSCRIPTION makes no representations or warranties of any kind, express or implied, regarding the protection of User Materials from infringement by third parties, and expressly disclaims any such warranties to the fullest extent permitted by law.
11. References to Other Websites
All references to other websites, parties or products in our Website are referred to only for convenience, and are not an endorsement of those other websites, parties, or products. THE INKED TATTOO SUBSCRIPTION gives no warranty as to the accuracy of the contents of the Website or the other websites, or to the suitability of those contents to you or your business.
12. Limitation of Liability
To the maximum extent permitted by law, THE INKED TATTOO SUBSCRIPTION excludes all liability for any loss or damage arising out of or in connection with your use of the Website or the Services, whether in contract, tort (including negligence), or otherwise.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
13. Indemnity
Users agree to indemnify, keep indemnified, and hold harmless the Company from any claims, losses, liabilities, damages, or expenses arising from their use of the Website and the Services.
14. Changes to Terms
THE INKED TATTOO SUBSCRIPTION reserves the right to modify these Terms at any time. Users will be notified of any changes, and continued use of the Website and Services constitutes acceptance of the revised terms.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
16. Contact Information
For any inquiries or concerns regarding these Terms and Conditions, please contact us at:
THE INKED TATTOO SUBSCRIPTION
Email: support@theinkedtattoosubscription.com.au
Social Media Platforms:
Facebook: https://www.facebook.com/theinkedtattoosubscriptionau
Instagram: https://www.instagram.com/theinkedtattoosubscriptionau/