Terms of service

1. Agreement

1.1 General

(a) This agreement is between you (the Purchaser) and INKE PACKAGING PTY LTD (ABN 63 624 690 759) (Inke / the Supplier) and sets out the terms and conditions (Terms) that apply to all dealings with Inke. This includes, without limitation, any use of Inke’s website at www.inke.com.au (Website), and any order, enquiry, or communication made via email, phone, in person, or through any other channel. These Terms govern the supply of all products (Products), which may be manufactured or fulfilled by third-party suppliers engaged by Inke (Product Suppliers).

(b) You agree to be bound by these Terms from the moment you first engage with Inke, whether through the Website or any other means. If using the Website, you confirm your acceptance by selecting the “I have read and accept the Terms” checkbox at checkout.

(d) By accepting or proceeding under these Terms, you represent and warrant that all information provided is accurate and complete. Inke and the Product Suppliers rely on this information to process and fulfil your order.

(e) Inke may amend, vary, modify or replace these Terms at any time without notice. Such changes take effect immediately unless otherwise stated. Your continued use of Inke’s services or placement of further orders constitutes acceptance of the updated Terms.

(f) These Terms apply to all supplies made by the Supplier and/or the Product Suppliers to the Purchaser. Where a purchase order is submitted on terms inconsistent with these Terms, those inconsistent terms are excluded and have no effect unless expressly agreed in writing by Inke.

1.2 Users

Persons under 18 years of age must not use the Website without their parent or guardian's consent.

If you are under 18 years of age at the time of accessing the Website, you warrant through your continued use of the Website that you have obtained your parent’s or legal guardian’s consent to using the Website.

2. Your Account

2.1 Your Account

(a) To complete your registration for your Inke account (Account), you must provide an email address, a password, and payment information, as specified. You are responsible for maintaining the confidentiality of your password and Account and are responsible for all activities that occur whenever any person logs in to your Account. It is important for you to protect against unauthorised access to your device.

(b) You agree:

(i) to immediately notify Inke of any unauthorised use of your Account or any other breach of security;

(ii) that Inke will not be liable for any loss or damage arising from your failure to comply with this section 2. You may not transfer your Inke Account to another party without Inke’s prior written consent.

3. Your Conduct

3.1 Your Conduct

(a) In using the Website, you agree that you will:

(i) Not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity nor upload, or otherwise transmit false or misleading information;

(ii) Not upload or otherwise transmit any text, images or artwork to appear on Products that your order (Content) that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or that is not original work that you have created yourself or had created for you from original elements. (By uploading or otherwise transmitting any Content, you represent and warrant to Inke that you have the lawful right to reproduce and to have Products made that display such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances);

(iii) Not upload, or otherwise transmit any Content that may constitute or encourage a criminal offense, illegal activity or violate the rights of any party, or that may otherwise create liability or violate any local, state, national, or international law;

(iv) Not use the Website to acquire Products that harm minors in any way, including, but not limited to, uploading Content that may violate child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

(v) Not upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of any person including any children;

(vi) Not upload, or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, facilitate unauthorised access to, or limit the functionality of any computer software or hardware or telecommunications equipment;

(vii) Not remove, alter, obscure, or otherwise degrade watermark(s) or similar security measures that appear on images that appear on the Website;

(viii) Not disrupt or interfere with the security of, or otherwise abuse, the Website, or any other services, system resources, accounts, servers, or networks of Inke or of any of its Product Suppliers;

(ix) Not embed, copy, mirror, forward-to, or otherwise replicate or scrape data from any part of the Website, except as permitted in writing by Inke; or

(x) Not copy, modify or distribute, except as otherwise expressly allowed by Inke in writing, any of Inke’s copyright material or trademarks.

3.2 Your Acknowledgements and Agreements

(a) By using the Website, you hereby acknowledge and agree that:

(i) You are responsible for the creation and compilation of your Content, and neither Inke nor the relevant Product Supplier assumes that responsibility. The production of any Product depicting your Content does not indicate that Inke or the relevant Product Supplier approves the Content, nor that the Content complies with all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content. Inke reserves the right to reject any Content that you upload that Inke considers to be unlawful (such as because it is defamatory, obscene, tortious, or objectionable, or invasive of on in breach of another person's rights).

(ii) Inke may preserve or store your Content and may also disclose Content if required to do so by law and in order to arrange for the production of Products that you order . Any personal data that you provide to Inke will be handled, stored and shared in accordance with Inke’s Privacy Policy. You understand that the operation of the Website and the processing of any orders that you place through the Website, may involve the transmission of data over various networks and the provision of data to Product Suppliers and payment processors.

(iii) You agree to waive any claims against Inke and its affiliates, Contractors, agents and employees for losses, damages and injuries that are based on or relate to your communications on or your use of the Website. You agree to indemnify Inke and its affiliates from all claims and expenses, including legal fees, arising from any breach by you of any of the provisions of these Terms.

(iv) You will not use any Product ordered by you from the Website in a way that would be damaging to Inke’s public reputation or that of any Product Supplier.

(v) The Website may provide links to other websites or resources. Because Inke has no control of such other websites and resources, you acknowledge and agree that Inke is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the policies of such websites and resources. Inke is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.

(vi) The Website may use cookies to improve your experience while using the Website, which sends browsing information back to Inke. By using the Website, you consent to the use of cookies.

3.3 Limitations of Use

(a) You understand and acknowledge that the Website is provided on an “as is” and “as available” basis. While Inke will use reasonable endeavours to provide the Website to you, you acknowledge that it may not be continuous or fault-free and may not be available at all times. Events which are outside Inke’s reasonable control may affect the Website or Inke’s ability to arrange for the Product Supplier to deliver the Products that you order through the Website. The Website may contain bugs, errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including without limitation, servers, computers, tablets and smart phones) connected to your device.

(b) You assume all risks and costs associated with your use of the Website and any internet access fees, including all data and roaming changes.

4. Marketplace

4.1 Marketplace

(a) Product Suppliers can offer to produce Products for persons using the Website;

(b) This means that a third party Product Supplier is making the Product and selling it to you in response to the Order that you place with Inke. Inke is only facilitating the transaction. Inke has no control over the quality, safety, morality or legality of any aspect of the Products sold to you by a Product Supplier; the truth or accuracy of the listings that the Product Supplier places on the Website; or the ability of the Product Supplier to sell you that Product.

(c) Accordingly, the Contract formed at the completion of a sale for any Products is a Contract that is solely between you (as the buyer) and Inke as an agent for the Product Supplier (as the seller). Inke does not assume any responsibility arising out of or in connection with it as Inke is merely acting as agent for the Product Supplier. The Product Supplier is responsible for the production and sale of the Products and for ultimately dealing with any claims that you may have or any other issue arising out of or in connection with the Contract between you and the Product Supplier, if Inke is unable to assist to resolve your claim or issue, in the rare case that this should occur.

(d) Whilst Inke takes care to pre-screen the Product Suppliers, Inke cannot ensure that a Product Supplier will actually complete a transaction. You understand and agree that Inke is only facilitating transactions for you with Product Suppliers for Products that they are selling, and as such, you enter into these transactions at your own risk and your recourse is against the Product Supplier.

4.2 Online Product Descriptions

Inke Packaging (Inke) is a marketplace where:

(a) Inke requires its Product Suppliers to provide a compelling user experience. Whilst Inke attempts to ensure the accuracy of their Product descriptions and images provided by Product Suppliers, Inke does not warrant that Product descriptions or images are accurate, complete, reliable, current, or error-free. If a Product offered on the Website is not as described, please contact us at hello@inke.com.au.

(b) Inke reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Product design, description, pricing and availability. Inke also reserves the right to limit or restrict quantities of Products (including after you have submitted your order) for any reason, including, without limitation, if the Product violates these Terms.

(c) If a Product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or due to Product information received from the Product Supplier, Inke reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Inke shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is cancelled, Inke shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you. If Inke has overcharged for any product, Inke will issue a refund to you for the difference between what you were charged and the correct price of the relevant Product.

5. Your Artwork

5.1 Compliant Artwork

(a) It is your responsibility to ensure that any Artwork that you supply in connection with your order is complete, accurate and complies with the guidelines specified on the Website.

(b) Inke is not responsible to check or amend any Artwork that you supply in connection with your order. Inke will arrange for the Product Supplier to print the Artwork in the form that you upload it using the material and printing options that you have selected.

(c) To the extent that Inke does review your Artwork, Inke may seek to notify you and resolve any issues that Inke has identified. However, Inke is not responsible for any failure to identify any error or design flaw in any Artwork that you submit.

(d) If Inke does happen to assist in setting up your Artwork:

(i) this will be subject to a minimum charge per revision and in those circumstances Inke cannot be held responsible for any missing or incorrect elements once printed due to miss-communication; and

(ii) Inke will not be responsible for ensuring that the Artwork conforms to any brand or style guides that you may use.

(e) Inke reserves the right to make minor amendments to the Artwork that you supply in connection with your order where Inke or the Product Supplier deems those amendments to be necessary for production of your order.

5.2 Rejection of your Artwork

(a) Inke may need to reject the Artwork that you supply in connection with your order for a number of reasons including:

(i) The Artwork contains different specifications to those placed in your order;

(ii) The file that you have supplied containing the Artwork is corrupt or is in an invalid format or otherwise is not in the format required by Inke, such as it lacks the minimum resolution required;

(iii) The Artwork setup does not comply with the printing guidelines outlined on the Website;

(iv) A missing bleed area is detected in the Artwork supplied;

(v) The Artwork contains an externally supplied die-line.

(vi) The Artwork otherwise contravenes these Terms.

(b) Should your Artwork be rejected and you do not rectify the problem in a timely manner (at the discretion of Inke), your order will be refunded minus a processing fee of $250.00 + GST.

6. Placing Orders, Pricing, Payment and Shipping

6.1 Your Orders

(a) Your order is an offer to us to facilitate for you the opportunity to buy the Products in your order from the Product Supplier. When you place an order on the Website to purchase any Products, we will send you a message confirming receipt of your order and containing the details of your order (Order Confirmation). The Order Confirmation is an acknowledgement that Inke has received your order and does not confirm the Product Supplier’s acceptance of your offer to buy the Products ordered.

(b) The Product Supplier only accepts your offer and concludes the Contract of sale for the production of the Products ordered by you, when it accepts your order and takes any step to commence the production of your order.

(c) Inke reserves the right to cancel any order for any Product for any reason, including because the order does not comply with any provision of these Terms and will notify you that the order has been cancelled.

(d) Inke reserves the right to determine whether to disclose the identity of the Product Supplier to you.

(e) In the event that an order needs to be held pending production (either at the discretion of Inke, the Product Supplier or the Purchaser), the order will be held until the end of the month free of charge after which time if the job is worth less than AU$1000 the job will be refunded minus a A$299.00 fee for the preparation of the order. Orders over AU$1000 will be held until the end of the month and the job will be invoiced before incurring a cost of $1100 per day until the job is confirmed to proceed for a maximum of 5 working days after invoicing which the client will be charged the full amount quoted due at the end of the month in which the order was placed on hold by either Inke, the Product Supplier or the client. If the goods in this instance are not taken within 5 working days after the issuing of the final job invoice (irrespective of the due date), the goods will be forfeited and no monies will be refunded or credited towards the amount specified in the invoice.

(f) Any quotation made by the Supplier is not an offer to sell and no Purchase Order given in pursuance of any quotation will bind the Supplier unless and until such Purchase Order is accepted by the Supplier. All quotations are subject to withdrawal or variation by the Supplier at any time prior to acceptance of a Purchase Order.

(g) If the Purchaser has provided the Supplier with a forecast of future requirements it acknowledges that the Supplier will be entitled to rely on the accuracy of such forecast(s) for the purpose of ordering raw materials and arranging its resources so as to be able to meet those forecast requirements. In the event that any such forecast is materially inaccurate the Supplier shall be entitled to invoice the Purchaser for all reasonable costs, expenses or losses which result from the Supplier having relied on the inaccurate forecast. Such invoice will be subject to the normal terms of payment applying to the Purchaser.

6.2 Pricing, Reviews, Changes and Taxes

(a) Prices for Products are specified on the Website and are incorporated into these Terms by reference. All prices are in Australian dollars.

(b) Prices and Products may be changed at Inke's discretion. Inke may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount, and Inke reserves the right to not honour promotional codes if Inke reasonably suspects abuse or that you are seeking to take advantage of an error in the promotion or if an incorrect promotional code is used.

(c) You agree not to use more than one (1) promotional code per order, unless such use is expressly permitted by a representative of Inke.

(d) The price quoted by the Supplier is subject to variation at any time prior to the date of acceptance of the order without notice to the Purchaser.

(e) Prices quoted by the Supplier are inclusive of all current Australian taxes, except for GST (unless specifically stated otherwise). The Supplier may on advance notice in writing increase the price for all or any of the Goods to the extent required to pass through the impact on the Supplier of any new, revised or increased tax, duty or other government charge or scheme taking effect after the date of the Contract in accordance with the impact that such new or revised tax, duty, charge or scheme has on the Supplier’s costs of producing and supplying the Goods. For clarity, the above shall apply even where prices are stated to be fixed or inclusive of taxes, as this refers to taxes and other government charges or schemes at levels existing as at the date of the Contract.

(f) If, and to the extent, any supply of the Goods under the Contract is a taxable supply within the meaning of the GST Law, the price for the Goods will be increased at point of invoice to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.

(g) The parties agree that:

(i) The parties must be registered persons within the meaning of the GST Law;

(ii) Costs required to be reimbursed or indemnified excludes any amount that represents GST for which an input tax credit within the meaning of the GST Law can be claimed.

6.3 Payment and Ownership

(a) All orders paid for by credit card are processed securely through https://stripe.com/en-au. Inke does not store or save your credit card information. That information is stored on Stripe. By placing an order for payment by credit card you are agreeing to the Stripe terms and conditions.

(b) Orders that are paid for by bank transfer must have remittance emailed to accounts@inke.com.au and will not be issued to a Product Supplier for production until approval has been confirmed from a representative of Inke.

(c) You consent to receive sales invoices electronically. Electronic invoices will be made available in .pdf format in the Your Account area of the Website. For each applicable delivery, we will inform you in our Despatch Confirmation if an electronic invoice is available.

(d) Terms of payment are cash with order unless COD or credit has been approved by the Supplier. If credit is satisfactorily established, terms are strictly as specified in the credit application form, unless otherwise agreed to by the Supplier in writing.

(e) If the Purchaser has provided the Supplier with a forecast of future requirements it acknowledges that the Supplier will be entitled to rely on the accuracy of such forecast(s) for the purpose of ordering raw materials and arranging its resources so as to be able to meet those forecast requirements. In the event that any such forecast is materially inaccurate the Supplier shall be entitled to invoice the Purchaser for all reasonable costs, expenses or losses which result from the Supplier having relied on the inaccurate forecast. Such invoice will be subject to the normal terms of payment applying to the Purchaser.

(f) If payment is not made in accordance with the above terms the Supplier is entitled to calculate and charge interest at the current statutory penalty interest rate per annum calculated daily on any amounts outstanding (in addition to any other rights that the Supplier has on a default). Notwithstanding the above, if the Purchaser is not resident in Australia or is not an Australian company, payment must be made by irrevocable wire transfer to the bank account nominated by the Supplier.

(g) If the Purchaser defaults in payment; or the Purchaser breaches any other provisions of these Conditions, and the Purchaser has failed to remedy the breach within 3 days of written notice from the Supplier, then the Supplier, without prejudice to any other remedy that may be available to the Supplier, has the immediate right to do any one or more of the following:

(i) demand that the Purchaser immediately account to the Supplier for any money or property owed to the Supplier under these Conditions or on any other account (and the Purchaser shall comply with such demand);

(ii) withhold further deliveries;

(iii) re-take possession of Goods in relation to which title has not passed to the Purchaser under any clause in this Section 6 on 24 hours’ notice to the Purchaser and for that purpose the Purchaser authorises the Supplier to enter upon any premises occupied by the Purchaser or any other place where such Goods are stored free from trespass; and

(iv) terminate the Contract and recover from the Purchaser, at a minimum, reasonable compensation for materials purchased and ordered and labour expended in complying with the Purchase Order. Either party may immediately terminate the Contract if an application is made or resolution passed to wind up the other party, or the other party becomes bankrupt or insolvent, or a liquidator, receiver or administrator is appointed to the other party, or the other party makes or proposes to make any arrangement with its creditors or ceases to carry on business.

(v) The Purchaser agrees that title to and property in the Goods is retained by the Supplier until payment by the Purchaser of the purchase price for the Goods and all other Amounts Outstanding (“Unpaid Goods”). The Purchaser must store the Unpaid Goods so that they are identifiable as those supplied by the Supplier, and ensure they are properly stored and adequately insured.

(vi) If the Purchaser sells or purports to sell any of the Unpaid Goods supplied by the Supplier in which property has not passed to the Purchaser, then the Purchaser does so as a fiduciary for the Supplier. The proceeds of such sale are the property of the Supplier to the extent of any money owed to it by the Purchaser and are to be held on trust for the Supplier. The Purchaser must account to the Supplier for that portion of the proceeds of sale on demand.

(h) Estimated lead times for production and delivery are indicative only and not guaranteed. Delays may occur due to production schedules, supplier availability, freight congestion, customs processing, or other external factors. These delays do not constitute a breach of contract and do not entitle the Purchaser to cancellation, refund, or compensation unless otherwise stated in writing.

(i) All orders, whether local or offshore, are processed on a best-effort basis and Inke does not warrant specific arrival dates. Risk and title in the Products pass to the Purchaser at the time of despatch from the Supplier or Product Supplier’s facility.

(j) In the event that a rush fee is paid for expedited production or delivery, Inke will make reasonable efforts to meet the requested timeline. However, where delays occur outside of Inke’s control (including but not limited to supplier delays, freight disruptions, customs holds, or weather events), the Purchaser acknowledges that the overall job remains non-refundable. At Inke’s discretion, the rush fee component may be credited to the Purchaser’s account for use on a future order, but will not be refunded.

6.4 Proofs

(a) If an electronic proof is required, a request may be made in the order notes section of the order page of the Website.

(b) By requesting a proof, you are agreeing that your order will be delayed for at least the amount of time between when the order was paid and the time at which the proof is approved by you. The proofing process is undertaken at the discretion of the Product Supplier and sending of the proof is subject to an indeterminate turnaround time purely decided by the Product Supplier. This turnaround time is not considered to be a part of the printing production process time. At the very least, the delay will be a minimum of not less than one business day, even when the proof is approved immediately upon it being sent to you for approval.

(c) Proofs will be sent in the highest resolution possible but will not always be the print resolution. The resolution of the proof will be lowered to the extent necessary to allow for it to be sent as an attachment to an email. The file containing the proof may be provided in any format used by the Product Supplier and provision of any particular file type is totally at the discretion of the Product Supplier.

(d) If you request a proof then you must carefully check the proof before giving your approval. In particular it is your responsibility to ensure the correct orientation and direction of the Artwork; the typography and the spelling, grammar and punctuation; the flute direction; the sizing and SKUs; the colours; and any other essential elements of the Artwork and layup that would be relevant to the production of your Products. Proofs always include the printed bleed area.

(e) Approval of the proof should include the word “approved”, but approval will be considered granted should any words, terms or phrases in the positive be used in the response to the proof, including terms and expressions such as: “Looks great!”; “OK.”; “Please proceed.”; “Yes.”; etc).

(f) Denial of the proof should contain the word “deny”, but approval will be considered declined should any words, terms or phrases in the negative be used in the response to the proof, including terms and expressions such as: “There seems to be something wrong…”; “I would like to make a change.”; “Please do not proceed.”; “No.”; etc). A reason for the denial of the proof must be included in the denial confirmation and failure to provide a reason and/or requested changes will constitute an approval of the proof and the job will be considered sent to production immediately even if the word “deny” or other negative expressions are contained in the response.

(g) If no response is received after the proof has been sent to you by email, your order will be placed on hold and will not proceed to production until written approval is received. This may result in previously provided lead times being void, and revised production timelines may apply. If a cancellation is requested after a holding period exceeding five (5) business days, Inke reserves the right to withhold an administrative fee and/or apply additional charges to cover any costs incurred, including but not limited to time, labour, and material preparation.

(h) Orders cancelled on receiving the proof where the order value was A$1000 (inc. GST) or less, Inke will issue a credit to your credit card account or refund the amount that you paid in the manner in which the purchase was made by you, less an administrative charge of A$299.00 for the preparation of the order and the proof. Orders over AU$1,000. (inc. GST) or that are invoiced by manual invoicing (where an invoice for payment was provided by a representative of Inke to the Purchaser) cannot be cancelled in order to receive a refund. In the event that the job is worth AU$1,000. (inc. GST) or more does not receive approval to continue and/or proceed to production, the client will be charged the full amount quoted due at the end of the month in which the proof was declined. If the goods in this instance are not requested within 5 working days after the issuing of the final invoice (irrespective of the due date), the goods will be forfeited and no monies will be refunded.

(i) Where a Purchaser instructs Inke to proceed with an order on the basis of a previous job (e.g., "same as last time" or similar language), Inke will reference the most recent applicable order on file. If the Purchaser intended a different reference and did not clearly specify the order number or provide updated artwork or instructions, Inke is not liable for any error, miscommunication, or outcome resulting from the use of the referenced file. If a proof is not supplied due to reliance on this communication, the Purchaser accepts full responsibility for the final result.

6.5 Shipping, Containers and Passing of Title and Risk

(a) Delivery times are estimates only. The actual time for delivery is dependent on the distance to your location and the shipping carrier’s ability to complete the delivery within their estimated time frame. Inke is not responsible for any delays in the shipping carrier’s network once the Products are shipped.

(b) Once the Products are shipped you will be sent a tracking number which will enable you to track your order as it is being shipped. The shipping carrier will determine the routing of your Products and any diversions including any intermediate stopping places. You should regularly track your order as it may be delayed in transit.

(c) If your order is despatched in more than one package, you may receive a separate Despatch Confirmation for each package.

(d) All orders are processed for delivery to the address supplied upon purchase, unless otherwise agreed in writing by Inke. Inke is not obliged to change the shipping address from the address specified in your order, even upon your request for Inke to do so.

(e) Inke will not be held responsible for any deliveries to incorrectly supplied addresses. Additional costs may be incurred for any re-deliveries of your Products.

(f) Inke reserves the right to revise the listed cost of freight online at any time prior to the placement of your order. Inke reserves the right to cancel or negotiate the pricing of any order due to complications surrounding the paid shipping rate and selected method of freight.

(g) All orders will be shipped either flat-packed into one or more cartons, or in bulk on a pallet (depending on the order volume and/or the production requirements at the time of despatch). You have the option of both freight methods at checkout when applicable, but different rates will apply depending on which option you choose. Orders placed online where the cost of shipping is calculated as additional to the raw unit cost do not require containers and / or pallets to be returned as in Clause 6.5 (n).

(h) Title and risk of loss for all Products ordered by you shall pass to you once the Products that you have ordered are marked as dispatched or booked for collection from either the Supplier or the Product Supplier. Neither Inke nor the Product Supplier is responsible for any damage caused to your Products following the moment the goods are marked as Despatched or are booked for collection. You should take out cargo insurance if you are concerned about your Products being lost or damaged in transit, this will not be organised by the Supplier or the Product Supplier unless specifically instructed.

(i) You agree to the terms and conditions of our freight partners and also agree to be liable for any additional fees necessary to fulfil your order and/or any re-delivery or holding fees. Our freight partners will not accept liability for any loss or damage arising out of circumstances beyond their control.

(j) If the Purchaser requests delivery by means other than normally used by the Supplier or the Product Supplier, then the Purchaser must pay all additional costs associated with the means chosen. If, within 7 days after the Goods are available for dispatch, the Supplier is unable or finds it impractical to transport the Goods by the means chosen, the Supplier may transport the Goods by any means it considers suitable. Any applicable charges will be billed to the Purchaser and all standard sales terms as in this Agreement will be applicable.

(k) Delivery may be made in one or more lots and at different times and by separate deliveries or shipments. Each lot forms a separate Contract and must be accepted and paid for accordingly, notwithstanding any late delivery or non-delivery of any other lot. If the Supplier allows the Purchaser to nominate a delivery date, such date may not be more than 30 days after the expected date of manufacture of the Goods, as advised by the Supplier to the Purchaser.

(l) If the Purchaser is unable or unwilling to accept delivery on or before the nominated delivery date, or if no delivery date is nominated and the Purchaser is unable to accept delivery when the Supplier gives notice that the Goods are available for delivery, then the Supplier will hold the Goods in stock for 7 days after which time it may, at its discretion:

(i) continue to hold the Goods and charge the Purchaser reasonable costs of storage;

(ii) invoice the Purchaser and deliver the Goods in accordance with prior arrangements, notwithstanding that the Purchaser’s representative or agent is not present or is unwilling to accept the Goods; or

(iii) treat the Contract as having been repudiated by the Purchaser and invoice the Purchaser for the full Contract price for the Goods and any other costs incurred by the Supplier less any amounts received by the Supplier from a bona fide sale of the Goods to a third party.

(m) The nominated freight carrier will deliver the Goods to the Purchaser's nominated store as best as reasonably possible. The Purchaser must unload the Goods at the Purchaser's risk.

(n) The Supplier retains the right of possession of any dividers, pallets or containers used for delivery of the Goods, and the Purchaser agrees to indemnify the Supplier in relation to the hire and replacement costs of any of these not returned in good order and condition to the Supplier within 30 days of delivery of the Goods, unless otherwise agreed in writing by the Supplier. The Purchaser will be liable for any reasonable container or pallet handling charges as notified by the Supplier in writing prior to an order being placed by the Purchaser.

7. Order reviews and cancellations

(a) Should your order not be compatible with our printing guidelines and only in the case of it not being able to be processed for production, we may request changes to your artwork file in order to be compatible for printing. Should you wish to receive a refund on our request for an amendment to the supplied production file, please note an administrative charge of A$120.00 will be withheld for the preparation of your order.

(b) The Purchaser is liable to reimburse the Supplier for the reasonable costs it has incurred for labour and materials in fulfilling the Purchase Order up to the date the request for cancellation is received by the Supplier, together with the Supplier’s and Product Supplier’s loss of profit/s resulting from the cancellation of the Purchase Order. Invoices issued under this clause will be subject to the normal terms of payment applying to the Purchaser or as described in Section 6.4.

(c) If at any time for any reason beyond the Supplier's or Product Supplier’s control (including, without limitation, by reason of war, storm, fire, flood or other act of God, pandemic, epidemic, strike, labour dispute, shortage of raw materials, utility interruption, damage or breakdown of plant and equipment, changed market conditions, order of any governmental or regulatory body) it becomes practically impossible or commercially unviable in the opinion of the Supplier to supply the Goods, then the Supplier may suspend and / or cancel supply for the affected period and / or terminate the Contract, without penalty and on written notice to the Purchaser.

8. Claims, Review of Product and Remedial Endeavours

(a) Any claim by the Purchaser arising out of the Contract must be made in writing and may be delivered by post, hand delivery, or email as soon as practicable after discovery by the Purchaser of the problem and in any event no later than 7 days after delivery of the Goods. The Purchaser must supply a sample, if requested, and information to the extent the Supplier can identify the product and the date of manufacture. The Supplier has the right at any time within 30 days after receipt of the claim to inspect the relevant Goods. If the Purchaser disposes of any of the Goods within the 30 day period, except with the written consent of the Supplier, all claims in respect of the Goods disposed of are deemed to have been waived by the Purchaser.

(b) Failure by the Purchaser to approve colour specifications will deny the Purchaser the right of objection in relation to the limits of colour variation developed by the Supplier for that run. Where the Purchaser has selected colour specifications for light, nominal and dark standards specifying the nominal colour reproduction and associated light and dark limits, the Purchaser will only have the right of objection to the nominal colours selected by him if such colours have been nominated using a colour system accepted by the Supplier.

(c) Where the Purchaser supplies specifications to the Supplier, any Goods not varying in the specification stipulated by the Purchaser by more than the established industry tolerance shall be accepted by the Purchaser as complying with the Contract.

(d) Nothing in these Conditions is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation (including the Competition and Consumer Act 2010 (Cth)) into the Contract, if such exclusion, restriction or modification would be void or prohibited by the legislation.

(e) To the extent that the Supplier breaches any condition or warranty implied into the Contract and which cannot be excluded, or breaches any condition or warranty expressly included in the Contract, then the Supplier's liability is limited to, and completely discharged by, at the Supplier's discretion, either:

(i) replacement of the Goods that are the subject of the breach, or supply of equivalent goods;

(ii) payment of the cost of replacing the Goods or acquiring equivalent goods;

(iii) repair of the Goods; or

(iv) payment of the cost of having the Goods repaired, and in the case of services, to:

(v) supply of the services again; or

(vi) payment of the cost of having the services supplied again.

(d) The Supplier is not liable to the Purchaser (or to any third party claiming through the Purchaser) for any Loss caused by any act or omission of the Supplier, its employees or agent, and whether based on negligence or other tort, contract or otherwise.

9. Customs, Duties & International Compliance

9.1 Duties, Taxes and Import Charges

(a) For any orders fulfilled from outside Australia—including but not limited to orders produced and shipped from China or other offshore locations—you may be subject to import duties, taxes, customs fees, and local clearance charges at the destination country. These charges are not included in the product pricing unless explicitly stated.

(b) Unless otherwise specified in writing (e.g. Delivered Duty Paid – DDP), you, the Purchaser, are solely responsible for all applicable import costs. Inke does not control and cannot predict these charges.

(c) It is your responsibility to verify applicable customs requirements prior to placing your order. Inke is not liable for any delays, costs, or issues arising from customs clearance procedures or local regulations.

9.2 Foreign Laws and Border Inspection

(a) When purchasing goods for delivery outside Australia, you are considered the “importer of record” and are responsible for ensuring that the shipment complies with the importing country’s laws and regulations.

(b) Cross-border shipments may be subject to inspection or opening by customs or border control. Inke and its Product Suppliers are not responsible for any delay, damage, or action resulting from such inspection.

9.3 International Fulfilment and Responsibility

(a) Offshore fulfilment is coordinated through Inke’s network of approved manufacturers and international freight partners. In these cases, Inke acts as a facilitator to coordinate production and shipping.

(b) Risk and title in all offshore goods pass to the Purchaser at the point of despatch from the manufacturing country. It is your responsibility to arrange insurance or cover as required.

10. Marketing, Artwork and Intellectual Property

10.1 Inke Marketing, Brand Usage and Social Media

(a) By placing an order, you grant Inke a non-exclusive, royalty-free, worldwide, irrevocable licence to use your name, logo, brand assets, Artwork (as well as any logo, trademark, image, or phrase appearing in the Artwork), and photos of any finished product (whether taken by you, your representatives, Inke, or third parties) for the purpose of marketing and promoting Inke’s products and services. This includes use in Inke’s print and digital marketing materials, website, paid and organic social media content, email campaigns, case studies, press releases, and public-facing communications.

(b) Inke may also reproduce or print additional copies of your Artwork or finished packaging for promotional content, including but not limited to photography, sample kits, advertising campaigns, or internal media use.

(c) Inke may repost or feature publicly available images or videos of your packaging that appear on your website, social platforms, or shared by affiliated accounts, where the packaging is considered a representation of a finished Inke product.

(d) You may opt out of future use of your branding or artwork by emailing hello@inke.com.au. Inke will cease further use where reasonably possible, but cannot remove materials that have already been published or circulated.

10.2 Creation of Artwork and Intellectual Property

(a) All right, title and interest in and to any goods, artworks, materials or developments in which copyright or other Intellectual Property subsist created by or on behalf of the Supplier, created jointly with the Purchaser, or otherwise supplied by the Supplier to the Purchaser, shall vest absolutely in and remain the sole property of the Supplier, the Product Supplier, or their respective agents or representatives. The supply of Goods implies a licence to the Purchaser to use the same solely for the intended use of the Goods. The Purchaser must not copy, reproduce, or disclose any such Intellectual Property without prior written consent.

(b) The Supplier makes no representation or warranty that any Goods or packaging incorporating designs supplied by the Purchaser do not infringe third-party Intellectual Property rights. The Purchaser is solely responsible for verifying any such rights and indemnifies the Supplier against any claims arising from breach.

10.3 Functional Elements (Barcodes, QR Codes, etc.)

(a) Any scannable or functional artwork element (e.g., barcodes, QR codes, GTIN codes) must be correctly formatted by the Purchaser in accordance with relevant issuing authority specifications.

(b) The Supplier, Product Supplier, and affiliates accept no responsibility for the functionality or non-performance of any such elements. Any advice offered is general only and should not be relied upon.

(c) The Purchaser must obtain a final, pre-production sample to confirm functionality. All reasonable care will be taken in reproducing the artwork, but the Supplier accepts no liability for losses due to non-conformance or non-functioning elements.

10.4 Tooling, Moulds, Dies, and Technical Materials

(a) All dies, designs, negatives, moulds, tooling, plates, and other manufacturing materials produced or supplied by the Supplier remain the property of the Supplier, even if you are charged for their use or development.

(b) These items may be disposed of at the Supplier’s discretion if not used within 12 months. Replacement tooling will be charged at current applicable rates.

11. Disclaimer and Limitation of Liability

11.1 Disclaimer

(a) To the maximum extent permitted by law, you understand and agree that Inke will not be liable for:

(i) any incidental, consequential or indirect damages, personal injury, death, damage to property, or loss arising out of these Terms, whether based on warranty, Contract, tort, negligence, in equity or any other legal theory, and whether or not Inke knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type;

(ii) any disruptions to the Website and Inke does not guarantee or warrant that the Website will run uninterrupted, at good speed, be secure or without errors from time to time;

(iii) any corruption or damage to your computer system, tablet, mobile phone, mobile handset or other device that occurs in connection with your use of the Website or electronic communications sent to you by Inke, the Product Supplier, a payment gateway provider, a shipping carrier or any other service affiliated to Inke. You understand that it is your sole responsibility to ensure that any links or the like which you select to use from the Website and that any electronic communications are free from viruses or any other items which may interfere with, corrupt or damage or affect the operation of your computer system, tablet, mobile phone or other device;

(iv) losses that are not directly caused by any breach on Inke’s part or any indirect or consequential losses; any business loss, loss of sales, profits, revenue, Contracts, anticipated savings, data, goodwill or wasted expenditure.

(b) Content Disclaimer

Any information, recommendations, guidelines or examples provided by Inke on its website, via email, in marketing material, on social media, or through any other communication channel are offered for general information purposes only. While Inke endeavours to ensure accuracy, such content should not be relied upon as advice or a representation of fact. Inke makes no warranties regarding its accuracy, completeness or suitability for your intended use. You are solely responsible for verifying any such information before relying on it. Inke accepts no liability for any direct or indirect loss, damage or claim arising from reliance on such content.

11.2 Limitation of Liability

(a) To the maximum extent permitted by law:

(i) all conditions, warranties and other provisions which might otherwise have been implied into these Terms are expressly excluded;

(ii) Inke’s liability for breach of any implied warranty or condition that cannot be excluded is restricted at Inke's option to:

(A) The re-supply of services or payment of the cost of re-supply of services; or
(B) The replacement or repair of goods or payment of the cost of replacement or repair.

(b) Notwithstanding paragraph (a), Inke’s maximum liability in respect of any order of Products is limited to the amount you have paid for those Products.

(c) All representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied in these Terms are expressly excluded to the fullest extent permitted by law. The Purchaser acknowledges that neither the Supplier nor any person acting on the Supplier’s behalf has made any representations or given any promise or undertaking in relation to the quality of the Goods, their fitness for purpose or their usage.

11.3 Description and Specifications

(a) Whilst every effort is made to ensure their accuracy the descriptions, illustrations and material contained in any catalogue, price list, brochure, leaflet, specification sheets, electronic communications or other descriptive matter provided by or on behalf of the Supplier represent the general nature of the items described therein and shall not form a part of any order or agreement or amount to any representation or warranty.

(b) The Purchaser warrants that any goods or other material, including any packaging or artwork manufactured, constructed or supplied by the Supplier which incorporate or are otherwise based in whole or in part upon designs, drawings, specifications or other information or material supplied to the Supplier by or on behalf of the Purchaser shall not infringe any Intellectual Property rights of a third party or breach any law. The Purchaser indemnifies the Supplier from and against any action that may be brought against or Loss suffered by the Supplier as a result of a breach of that warranty.

(c) The Supplier reserves the right to make any changes to designs, drawings or specifications supplied to the Supplier by the Purchaser, and/or Goods ordered by the Purchaser, which are required to comply or conform with any applicable safety or statutory requirements or which do not materially affect the quality or usage of the Goods by the Purchaser.

(d) The Supplier does not warrant or guarantee that any Goods manufactured, constructed or supplied by the Supplier which incorporate or are otherwise based in whole or in part upon any designs, drawings, specifications or other information or material supplied to the Supplier by or on behalf of the Purchaser will achieve any standard or performance or any capacity whatsoever.

(e) The Supplier will not be liable for any defect in the Goods arising from any designs, drawings, specifications or other information or material supplied to the Supplier by the Purchaser. Where the Purchaser approves any artwork or proofs submitted by the Supplier, the Supplier will not be liable for any errors or inaccuracies subsequently discovered.

(f) Any advice, recommendation, information or assistance provided by the Supplier in relation to the Goods or their use or application is given in good faith and is believed by the Supplier to be appropriate and reliable. Any such advice, recommendation, information or assistance is provided without liability or responsibility on the part of the Supplier.

(g) In addition to any right of lien which the Supplier may be entitled to by law, the Supplier will have a general lien over any designs, drawings, specifications or tooling supplied to the Supplier by or on behalf of the Purchaser which is in the Supplier’s possession until all monies owing by the Purchaser to the Supplier on any account have been paid in full.

11.4 General

(a) Entire agreement: These Terms constitute the full terms and conditions agreed to between you and Inke and supersede any prior arrangements. You agree and acknowledge that in accepting these Terms you have not done so in reliance upon any oral or written representations made by Inke with the exception of those contained or referenced in these Terms.

(b) Relationship: Nothing in these Terms creates a partnership, employment or agency relationship between you and Inke.

(c) Assignment: These terms and any rights and obligations under these Terms, may not be transferred, assigned or novated by you, but may be transferred, assigned or novated by Inke without needing to seek your consent.

(d) Translations: Where there are any translations of these Terms, and to the extent of any inconsistency, the English language version shall prevail.

(e) Electronic communication: Inke will send you notices and other correspondence in accordance with the contact details that you provide to the Website or in opening your Account. It is your responsibility to update your contact details as and when they change.

(f) Waiver: No clause of these Terms will be deemed to have been waived and no breach excused unless such waiver or consent is provided in writing. Any failure or delay by Inke to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by Inke does not preclude Inke’s future ability to exercise that or any other power or right under these Terms.

(g) Governing law: These Terms are governed by, and must be construed in accordance with, the laws of the State of Victoria, Australia. Each party hereby submits to the non-exclusive jurisdiction of the courts of the State of Victoria and the Federal Court of Australia and any applicable appeal courts in respect of all matters or things arising in relation to these Terms.

(h) Force majeure: You agree that Inke will not be held liable for any delay in fulfilling its obligations under these Terms if such a delay is caused by an act of God, act of terrorism, revolution, civil unrest, industrial or legal action, fire, flood, storm, war, disaster, plague or epidemic, delay in transportation, internet or wireless connectivity, or telecommunication availability, delay by any third party, or any other cause outside of Inke’s control.

(i) Severability: If any provision of these Terms offends any law applicable to it and is, as a consequence, illegal, invalid or unenforceable then:

(j) where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the extent necessary to achieve the result; and

(k) in any other case the offending provision must be severed from these Terms in which event the remaining provisions of the Terms operate as if the severed provision had not been included.

(l) Failure by the Supplier to insist on strict performance of any of these Conditions shall not be deemed a waiver thereof. The waiver by the Supplier of any provision, or breach of any provision, of the Contract is not to be construed as a waiver of any other provision or a breach of any other provision, or of any further breach of the same or any other provision of the Contract.

(m) The Purchaser will not divulge to any person the terms of the Contract or any information provided by the Supplier in relation to the Contract without the prior written consent of the Supplier, except as required by law or for the purposes of obtaining professional legal, financial or taxation advice.

(n) All costs and expenses incurred by the Supplier to remedy any breach by the Purchaser of the Contract or to enforce the Supplier’s rights under the PPSA or the Contract shall be recoverable from the Purchaser in addition and without prejudice to the Supplier’s right to damages for breach of the Contract.

(o) The Purchaser may not exercise any right of withholding, deduction or setoff.

12. Offshore Production & International Fulfilment

12.1 Scope and Role of Inke

(a) Inke may coordinate the production of Goods with offshore Product Suppliers, including but not limited to manufacturers located in Asia, Europe, or the United States.

(b) In such instances, Inke acts as a facilitator between you (the Purchaser) and the Product Supplier. Inke is not the manufacturer and cannot be held liable for the output, performance, or conduct of offshore Product Suppliers beyond what is reasonably within its control.

(c) By placing an order that includes offshore production, you acknowledge and accept that the production, shipment, and fulfilment of such Goods may be subject to third-party dependencies and international regulations outside Inke’s control.

12.2 Estimated Lead Times

(a) All lead times provided by Inke are indicative only. They are based on standard production windows and average shipping durations from the Product Supplier.

(b) You acknowledge that delays may occur due to, but not limited to, the following:

Freight and logistics network congestion;
Customs clearance procedures;
Raw material availability;
Manufacturing backlogs;
Port strikes, weather, or other force majeure events.

(c) Inke does not warrant that your order will be delivered within any specific timeframe. Delays in offshore production or delivery do not entitle you to cancel your order, request a refund, or hold Inke liable for consequential loss or damage.

12.3 Shipping, Risk and Title

(a) Risk in the Goods passes to you upon despatch from the offshore manufacturer or once the Products are booked for collection or freight consolidation.

(b) You are responsible for insuring the Goods during international transit unless specifically agreed in writing with Inke.

(c) Inke may provide freight and logistics quotes on your behalf. Where Inke organises shipping or delivery, such services are undertaken as a convenience only and are not a transfer of legal responsibility or liability.

(d) Shipping arrangements may be made by air, sea or courier depending on your selected method, order size, and budget. You agree to the applicable Incoterms outlined at the time of order confirmation.

12.4 Duties, Taxes and Landed Costs

(a) Unless expressly stated in writing, all pricing is Ex-Works (EXW) or Delivered at Place (DAP). The Purchaser is responsible for any import duties, customs clearance fees, VAT/GST, brokerage charges, or any other import-related costs at the destination country.

(b) If Delivered Duty Paid (DDP) terms are offered by Inke, duties and taxes will be included in the invoiced amount. In such cases, you must ensure correct classification and declare final delivery address details.

(c) Under all circumstances, Inke reserves the right to adjust pricing, payment schedules, or shipping methods based on actual freight conditions, import obligations, or third-party costs incurred.

12.5 Communication and Control Limitations

(a) While Inke endeavours to maintain consistent communication between you and offshore manufacturers, you acknowledge that Inke is not responsible for real-time updates, inspection delays, or production changes once your order is in motion.

(b) Should a delay or issue occur, Inke will work in good faith with the Product Supplier to resolve it. However, Inke does not guarantee remediation or recovery of timelines or outputs.

(c) You agree to provide all final artwork, approvals, and confirmation of shipping details in a timely manner to avoid further delays or charges.

12.6 Rush Orders and Expedited Freight

(a) If a rush order is requested and accepted by Inke, it will be subject to an additional Rush Fee.

(b) Inke will take all reasonable measures to meet the agreed timeline, however, if delays occur due to factors outside Inke’s control, the Rush Fee is non-refundable. At Inke’s discretion, a credit equal to the Rush Fee may be applied to your account for future use.

12.7 Limitation of Liability

(a) Inke is not responsible for loss or damage caused by:

Late shipment or missed deadlines;
Freight damage or loss in transit;
Customs delays or government inspections;
Manufacturer defects or rejected importation;
Incorrect declarations or documentation provided by you.

(b) You agree to indemnify Inke from any claim, loss, charge, or cost incurred as a result of your use of international suppliers facilitated through the Inke platform.

13. Use of Third-Party Tools & Services

13.1 General Acknowledgement

(a) Inke integrates and utilises third-party tools and platforms to improve the user experience and facilitate ordering, design, and delivery processes. These tools may include but are not limited to:

Pacdora – an external dieline creation and 3D packaging visualisation tool;
Shippit – a freight aggregation and logistics platform that supplies courier options, estimated shipping times, live tracking, and pricing from preferred carriers.

(b) While these tools are offered as part of the Inke platform experience, Inke is not the developer, operator, or owner of these services and cannot warrant or guarantee their performance, accuracy, or availability.

13.2 Pacdora – Dieline Creation Tool

(a) Inke provides access to the Pacdora platform to assist users in generating dielines and visual mockups for custom-sized packaging.

(b) While the tool is designed for accuracy, it is the Purchaser’s responsibility to confirm all dimensions, structural layouts, bleeds, folds, print-readiness, and suitability of dielines before submitting artwork or approving production.

Any production or material issues arising from incorrect dieline use;
Misalignment, distortion, or inaccuracy caused by the Pacdora tool;
Product fit or functionality problems that result from reliance on dielines generated through this service.

(d) You agree that the use of Pacdora is at your own discretion and risk. Inke recommends requesting a physical sample where dimensional accuracy or product fit is critical.

13.3 Shippit – Freight & Delivery

(a) Inke uses Shippit to present freight options, calculate rates, and provide tracking functionality on behalf of customers.

(b) All delivery timeframes provided through Shippit are estimates only and are based on typical delivery networks, location data, and service performance as supplied by the relevant freight carrier.

Delays in delivery, regardless of cause (e.g. weather, route disruption, courier backlog);
Lost or damaged items in transit;
Incorrect address entry, redirection requests, or failed delivery attempts;
Variance in pricing between quote and final charge by the freight carrier.

(d) Any tracking issues, missed deliveries, or freight claims must be directed to the carrier in the first instance, with Inke assisting where appropriate.

13.4 Platform Limitations and User Responsibility

(a) You understand and accept that third-party tools, while integrated for convenience, may occasionally experience downtime, API failure, or data discrepancy.

(b) Inke will not be liable for:

Orders affected by tool malfunction, incorrect pricing, or delayed shipping data;
Misuse or misinterpretation of outputs from these tools;
Any reliance placed on visual previews or data generated through embedded third-party platforms.

(c) Inke may modify, replace, or discontinue the use of any third-party tool at any time without notice and without liability.