Website Terms Of Use - inspireposters.com

INTRODUCTION

InspirePosters operates an online website allowing Users to purchase goods from the website.

Use of the InspirePosters website, its related services and products (InspirePosters) is subject to these Terms and Conditions. By purchasing InspirePosters Products and using the InspirePosters website, you (a User) agree to these Terms and Conditions, which include our Privacy Policy (available at https://inspireposters.com/privacy-policy/) (Terms). You should review our Privacy Policy and these Terms carefully and if you do not agree to these Terms, you should immediately cease using our website and services.

‘Us’, ‘we’ and ‘our’ means InquiBox Pty Ltd.

All defined terms (marked as capitalised words) in the Terms have the definitions found in the definitions section at the end of these Terms.

USING InspirePosters
1. General
  1. To use InspirePosters, the User must register with InspirePosters and have set up their account. Where a User elects to gift a Product to another User, the email address provided will be the User of that account.
  2. The User agrees that all use of InspirePosters is subject to these Terms.
  3. These Terms and any document expressly referred to in them and our Privacy Policy constitute the entire agreement between the User and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the User and us, whether written or oral, relating to its subject matter.
  4. The User acknowledges that in entering into this Contract the User does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or our Privacy Policy.
  5. Users must be at least 18 years old to make an Order from InspirePosters.
  6. Users can be either an individual or an entity, provided the individual or entity is able to provide the information required within the registration process.
  7. As an entity, the User confirms that they have authority to bind any business on whose behalf they use the Website to purchase Products.
  8. To the extent permitted by law, the Company accepts no liability for the accuracy of any information made available via InspirePosters. Any reliance on the information available through InspirePosters is at the User’s own risk. A User’s recourse for reliance on inaccurate, fraudulent or otherwise false information shall only be against the User that supplied that information, and not against the Company.
  9. The Company has absolute discretion to refuse any person to register or create an account or to cancel or suspend any existing account. Reasons in which the Company may deactivate an account include, but are not limited to, the following:
    1. Frequency of disputes relating to that User;
    2. Frequency of cancellations of Orders or Monthly Subscriptions;
    3. Association with a deactivated account; or
    4. The User has breached these Terms.
Placing an order
1. By placing an Order with InspirePosters, the User is agreeing to all of these terms.
2. The Company is under no obligation to accept any Order.
3. The Company has the right to cancel any Order or amend in part any Order without giving the User notice or any reason, save that in such circumstances the Company shall refund such part of the Order as has been cancelled by it.
4. If we are unable to supply the User with a Product, for example because that Product is not in stock or no longer available or because we cannot meet the User’s requested delivery date or because of an error in the price on our Website, we will inform the User of this by e-mail and we will not process their order. If the User have already paid for the Product, we will refund the User the full amount including any delivery costs charged as soon as possible.
USER’S OBLIGATIONS
1. The User agrees and warrants that at all times, the User will:
  1. comply with these Terms, the Company’s policies and all applicable laws and regulations. It is the User’s obligation to be aware of any laws that apply to that User.
  2. agree not to post information on InspirePosters that in anyway whatsoever may be potentially or actually harmful to the Company or any other person.
  3. not use any content on InspirePosters on third party sites or for other business purposes without the Company’s written permission;
  4. not use InspirePosters for any illegal or immoral purpose; and
  5. be the sole user of that User’s account and not allow other persons to use their User account.
2. The User agrees that it shall only use InspirePosters for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
3. The User is solely responsible for the security of its username and password for access to InspirePosters. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its InspirePosters account.
4. Without limiting any provision of these Terms, a User must not:
  1. be false, inaccurate or misleading or deceptive;
  2. violate any applicable law or regulation or be fraudulent;
  3. infringe any third party’s intellectual property rights , copyright or other proprietary rights, or rights of confidentiality or privacy;
  4. be defamatory, libellous, threatening or harassing;
  5. be obscene or contain any material that, in the Company’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
  6. attempt to gain access to secured portions of the Website to which the User does not possess access rights;
  7. impersonate any other person while using the Website; or
  8. post information on the website that may contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any InspirePosters Website, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
5. A User agrees to disclose any personal details (such as the User’s full name, street number, phone number or email address) to InspirePosters solely at their own risk.
6. Where a User provides the personal information of a Minor for the required purpose of fulfilling the User’s Order, they acknowledge that they are consenting on behalf of the Minor to have the Minor’s personal information collected in accordance with InspirePosters’s Privacy Policy.
7. The User grants the Company an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the InspirePosters Website for the purpose of publishing material on InspirePosters and as otherwise may be required to provide and promote InspirePosters.
8. To the extent permitted by law the User indemnifies and will hold the Company harmless against all costs, claims damages and expenses for any:
  1. Penalty imposed upon the User;
  2. Claim of infringement of Intellectual Property Rights made by a third party;
  3. Claim of breach of confidentiality by a third party;

As a result of the User’s use of InspirePosters.

The User shall ensure that all information that it makes available through InspirePosters is accurate and up to date.

FEES, PAYMENTS AND REFUNDS
1. To receive products from InspirePosters, the User shall pay the fees for the products the User selects and is set out on the Website and also in the Order summary.
2. All payments shall be made via the online payment gateway within InspirePosters, or in such other manner as the Company may direct from time-to-time. The User agrees that it has no right to access InspirePosters if it fails to make payments when due.
3. A User’s payment details are stored securely by the Company at the time an order is placed.
4. If the Company is unable to process a payment electronically, it may elect to send a paper invoice to the User’s recorded address.
5. The Company may restrict a User’s account until all required payments have been paid.
6. Currency.
  1. All payment amounts in InspirePosters are quoted in Australian dollars.
7. GST.
  1. For Users in Australia, GST is applicable to any payments or fees charged by the Company to the User. Unless expressed otherwise, all fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.
8. Refunds.
  1. If a User requests a refund for any Services provided, InspirePosters may at its own discretion elect to provide a refund or a replacement.
  2. No refunds or replacements are otherwise offered other than as required by Australian Consumer Law.
9. Late Payment.
  1. If the User does not pay the full fees and payments as required, the Company may suspend all User access to InspirePosters for that Account.
description
1. The description of any Product shall be as set out on the Website.
2. The Products are intended for use for recreational purposes.
DELIVERY
1. The Company uses Australia Post and private postal and courier services to deliver Products. Products will be delivered to the delivery address stated in the Order. The User is responsible for ensuring that the correct delivery address is provided.
2. Delivery charges are included in the Price of the Product(s) and are dependant on the User correctly selecting the region to which delivery must be made prior to checkout on the website.
3. Delivery times on the website relate to the delivery service and do not include dispatch time. Orders placed with all stock ready to deliver will leave the InspirePosters within next subscription cycle as described on the website.
4. Occasionally the User’s address may change between the date of the Pre-Order and the date of delivery. In such circumstances, the Company may in its sole and absolute discretion agree to deliver the Product(s) to a new address. The User will be required to sign a waiver and disclaimer which authorises the Company to deliver to the new address and waives any rights the User may have to require a refund of the Price by reason of non-delivery to the originally stated address.
5. The User will be required to pay any additional delivery charge incurred in changing the address (for example if the new region for delivery is different to that originally stated). In the event that any new delivery address is in a region where the cost of delivery is less than that originally stated, The User will not be entitled to any refund of the excess delivery cost.
6. Time shall not be of the essence in relation to the delivery of Products. The Company is not liable for any delays caused by postal or courier services.
7. The Company shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products, or by non-delivery of the Products (even if caused by the Company’s negligence), nor shall any delay entitle the User to terminate or rescind the Contract unless such delay exceeds 60 days from the estimated delivery time confirmed to the User in writing by the Company at the time of creation of the Contract.
8. Liability will not be accepted by the Company to refund the cost of the Product for damages unless notice in accordance with Clause 8.12 is received within 7 days of receipt of goods.
Risk/ title
1. Risk in the Products shall pass to the User at the time of Delivery.
2. Ownership of the Products shall not pass to the User until the later of:
  1. The company receiving in full (in cleared funds) all sums due to it in respect of the Products and any postage costs; and
  2. Delivery.
3. The Company shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Company.
4. For the avoidance of doubt, in the event that the User, their bank or credit or debit card issuer impose a charge back with the result that the Company has not received the full Price plus any delivery charges in respect of any Order, the Company shall be entitled to require payment for the full Price and any delivery charges and any interest charged. The User must not request a charge back if they wish to cancel their Order.
General conditions
1. Licence
  1. By accepting the terms and conditions of these Terms, the User is granted a limited, non-exclusive and revocable licence to access and use InspirePosters in accordance with these Terms.
  2. The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the User.
2. Quality
  1. Except to the extent required by law, the Company gives no warranties as to quality, durability or suitability for purpose of the Products.
3. Modification of Terms
  1. These Terms may be updated by the Company from time-to-time.
  2. Where the Company modifies these Terms, it will provide the User with written notice. If the User does not agree to any modified Terms, they must immediately stop using InspirePosters. By continuing to use the Website and/or making any Order after changes to these Terms are made and published on the Website, the User agrees to be bound by such changes.
  3. Every time the User orders Products from us or otherwise interact with us (including without limitation in uploading any Content to the Website), the Terms in force at the time of the order will apply to the Contract between the User and us.
4. Availability
  1. The User agrees that the Company shall provide access to InspirePosters to the best of its abilities, however:
    1. Access to InspirePosters may be prevented by issues outside of its control; and
    2. It accepts no responsibility for ongoing access to InspirePosters.
5. Privacy
  1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User.
  2. The Privacy Policy does not apply to how the User handles personal information. If necessary under the Privacy Act, it is the User’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
  3. InspirePosters may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
6. Data
  1. Security. The Company takes the security of InspirePosters and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
  2. Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
7. Intellectual Property
  1. Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
  2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of InspirePosters.
  3. InspirePosters. The User agrees and accepts that InspirePosters is the Intellectual Property of the Company and the User further warrants that by using InspirePosters the User will not:
    1. Copy InspirePosters or the services that it provides for the User’s own commercial purposes; and
    2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any artefact, components or documents included in the box (including but not limited to any graphic designs, games provided, maker projects, instruction sheets, story books, explanation sheets for science behind the activities included in the box, “What did you learn?” sheets), source or object code, architecture, algorithms contained in InspirePosters or any documentation associated with it.
  4. Content. All content submitted to the Company, whether via InspirePosters or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to InspirePosters. Content must:
    1. Be accurate (where they state facts).
    2. Be genuinely held (where they state opinions).
    3. comply with applicable law in Australia and in any country from which they are posted.

Content must not:

contain any material which is defamatory of any person.
contain any material which is obscene, offensive, hateful or inflammatory.
promote sexually explicit material.
promote violence.
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
infringe any copyright, database right or trade mark of any other person.
be likely to deceive any person.
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
promote any illegal activity.
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
be likely to harass, upset, embarrass, alarm or annoy any other person.
be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
give the impression that they emanate from us, if this is not the case.
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Disclaimer of Third Party Services & Information
1. The User acknowledges that InspirePosters is dependent on third-party services, including but not limited to:
  1. Banks, credit card providers and merchant gateway providers;
  2. Telecommunications services;
  3. Hosting services;
  4. Email services; and
  5. Analytics services.
2. The User agrees that the Company shall not be responsible or liable in any way for:
  1. Interruptions to the availability of InspirePosters due to third-party services; or
  2. Information contained on any linked third-party website.
Liability & Indemnity
1. We only supply the Products for domestic and private use. The User agrees not to use the product for any commercial, business or resale purposes, and we have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.
2. The User agrees that they use InspirePosters at their own risk.
3. The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
4. The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with InspirePosters, including any breach by the User of these Terms.
5. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use InspirePosters, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
6. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
  1. The re-supply of Services or payment of the cost of re-supply of Services; or
  2. The replacement or repair of goods or payment of the cost of replacement or repair.
7. We are not responsible for any injury you or a child suffers as a result of using any Products.
Termination
1. Either the User or the Company may terminate an account and therefore these Terms for a specific User at any time for any reason.
2. Termination does not affect any agreements that have been formed between a User and the Company.
3. Termination does not affect any of the rights accrued by a party prior to termination, and any provisions in these Terms which by their nature should continue to apply, including but not limited to the provisions on Liability and Indemnity and Dispute Resolution.
Dispute Resolution
1. Any Dispute must be referred to the company within 5 business days of the user receiving the Services.
2. The Company may choose to assist Users resolve disputes if referred to the Company. Users must co-operate with any investigation undertaken by the Company and the Company reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users.
3. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under these Terms.
Electronic Communication, Amendment & Assignment
1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
2. The User can direct notices, enquiries, complaints and so forth to the Company, as per the contact details on the InspirePosters website.
3. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
4. A consent, notice or communication under these Terms is effective if it is sent as an electronic communication unless required to be physically delivered under law.
5. Notices must be sent to the parties’ most recent known contact details.
6. The User may not assign or otherwise create an interest in these Terms.
7. The Company may assign or otherwise create an interest in its rights under these Terms by giving written notice to the User.
General
1. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Terms.
2. Waiver. No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
3. Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
4. Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
5. Relationship. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement.
6. Interpretation. The following rules apply unless the context requires otherwise:
  1. Headings are only for convenience and do not affect interpretation.
  2. The singular includes the plural and the opposite also applies.
  3. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
  4. A reference to a clause refers to clauses in this Agreement.
  5. A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.
  6. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
  7. A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
  8. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
  9. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

definitions
1. The following terms are used regularly throughout these Terms and have a particular meaning:
  1. Account means the online User account that that a User uses to make an Order through the website.
  2. ABN means Australian Business Number.
  3. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
  4. Company means InquiBox Pty Ltd ABN 54 623 504 361.
  5. Contract means any contract between the Company and the User for the sale and purchase of any Products which shall incorporate these Terms.
  6. Corporations Act means the Corporations Act 2001 (Cth).
  7. Delivery means delivery of the Products at the address specified in the Order.
  8. InspirePosters means the InspirePosters platform accessible as a webpage from the Website, and includes the physical goods delivery service provided within.
  9. Monthly Subscription means the monthly fee charged by the Company in Australian dollars.
  10. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  11. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  12. Order means the offer made by the User via the Website to purchase one or more Products from the Company including Pre-Orders where applicable.
  13. Payment means a payment in relation to an Agreement for Services, in accordance with clause 3.
  14. Privacy Act means the Privacy Act 1988 (Cth).
  15. Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at https://inspireposters.com/privacy-policy/ or as amended.
  16. Products means the goods offered for sale via the Website.
  17. Services means any of InspirePosters’s webpage or physical goods services agreed to by payment of the fees made through InspirePosters.
  18. Subscription Fee means either the monthly, three month, half-yearly or yearly fee chosen by the User and charged by the Company in Australian dollars.
  19. Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  20. Terms means these terms and conditions, applying to all Users of the InspirePosters and related services, as updated from time-to-time, which can be found at https://inspireposters.com/website-terms-of-use/
  21. User means any registered User or purchaser of InspirePosters’s products.

Website means https://inspireposters.com/ or as amended.