Terms and Conditions

Website Terms Updated: October 25, 2023

Welcome to Inkse. We’re excited to share your creative journey with you and to see where we can take you.

Index

  • • Accessing our website
  • • Intellectual property
  • • Third party websites
  • • Viruses and Hacking
  • • Communication
  • • Social media pages and Blog
  • • Product Ratings & Reviews
  • • Product Star Ratings
  • • Review Moderation Policies
  • • Review Publishing Policies

About These Terms

Introduction These website terms (Terms) and our Privacy Policy and other documents referred to within these Terms, set out the conditions of use of Inkse’s website (including Inkse’s desktop, mobile and app-based shopping interfaces) (Site) and govern the supply of any products ordered by you on the Site. By using our website or ordering any product (Order), you agree to be legally bound by these Terms including any modifications made to them from time to time. Inkse’s goal in democratising fashion is to provide you with a platform that allows you to seamlessly use and modify our designs (Our Designs) ( or upload your own artwork (Your Designs) to create your own fashion range in four easy steps (Services).

1. Accessing our website

We endeavour to have our website open and accessible to you at all times, however, access is not guaranteed and there may be times when our website is down for maintenance or other reasons.

Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site.

You must not misuse our Site in any way or attempt to interfere with or disrupt it. Restrictions on Use of the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or Our Designs to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or Our Designs.

2. Communication

To place an Order, you will need to set up an account. To do so, you must be over 18 years of age and provide us with accurate and current personal information, including your name, address and email address so that we can communicate with you in relation to your Order. You are responsible for

You consent to receiving electronic communication, including by email, SMS, phone, message, or by us posting notices on our website, and you agree that all electronic communications that we provide to you will satisfy any legal requirement that a communication be in writing.

3. Intellectual Property

The Site and the content on the Site are subject to copyright, trademark and other intellectual property rights. These rights are owned by or licensed to INKSE.

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

You represent and warrant that you own all rights, title, and interest in and to Your Designs or that you have otherwise secured all necessary rights in Your Designs as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Inkse, you own all right, title and interest in and to Your Designs. You grant Inkse a royalty-free and sublicensable license to display, host, copy, store and use Your Designs solely to the extent necessary to provide the Service to you.

4. Order and Formation Of Contract

When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it. Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.

You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.

By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason.

Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

5. Delivery

We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.

We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our Fulfilment Centre. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

6. Cancellation

We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.

If you wish to cancel your Order, please contact our Customer Service Team. Once an Order has been processed, it cannot be cancelled.

7. Faulty Product Returns

We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact our Customer Service as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.

If the product is confirmed to have a defect, we will replace or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate. If the product is confirmed to have a major defect, you are entitled to elect whether you want us to replace or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

8. Change of Mind Returns

Because the product we create for you is bespoke, we cannot accept any change of mind returns.

9. Custom Fabric and Apparel

Any claims for a manufacturing fault must be submitted as soon as reasonably possible, preferably within 10 days after the product has been received. For packages lost in transit, all claims must be submitted as soon as reasonably possible, preferably no later than 30 days after the estimated delivery date. Claims deemed an error on our part are covered at our expense.

If you notice an issue on the products or anything else on the order, please contact us.

The return address is set by default to Inkse’s facility. When we receive a returned shipment, an automated email notification will be sent to you. Unclaimed returns get donated to charity after 30 days. If Inkse facility isn't used as the return address, you would become liable for any returned shipments you receive.

Wrong Address - If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself (if and as applicable).

Inkse does not accept returns of unsealed goods or goods that have been worn or used. In the case of swimwear and gym wear a return may not be accepted due to health and or hygiene reasons.

We do not refund orders for buyer’s remorse.

Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

1. the supply of goods that are made to the consumer's specifications or are clearly personalized.

2. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons,

therefore, Inkse reserves rights to refuse returns at its sole discretion.

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

10. Samples

If you receive a sample product with a manufacturing fault, contact us within 10 days after the product has been received for a hassle-free return or exchange.

11. Artworks

Downloadable Personal / Commercial / Premium License artworks are non-refundable once they have been purchased / downloaded.

12. Social Media Pages and Blog

The purpose of our social media (including Facebook and Instagram) pages and our Blog is to provide Inkse’s followers with inspiration and information about our business. You're welcome to contribute your own comments, photos & videos. To ensure a positive and respectful environment for everyone, we ask that you follow a few simple guidelines when making a contribution: We’re all about a positive creator economy. We'll delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person's race, ethnicity, entity, belief or symbol. We reserve the right to address factual errors or delete posts if we think it appropriate or necessary to do so. We're happy for our material to be shared (including for example via Meta’s "share" functionality), but you should not copy our material and post it without attribution, use it for commercial purposes, or claim it as your own. We support the Meta Statement of Rights and Responsibilities. We reserve the right to ban users who don't abide by these guidelines.

13. Product Ratings & Reviews

We value and appreciate product photos, ratings & reviews from people who have purchased products from us, have experienced them and decide to share their genuine opinion about them.

We only accept ratings, reviews and photos from verified buyers of products who have an account with us. Reviews from verified buyers are flagged with the 'Verified Buyer' badge on the website.

By submitting your review (including any photos), you agree that:

• Any information, suggestions, images or ideas you send to us in relation to a product you purchase from us (review content) is non-confidential and non-proprietary and we may choose to provide attribution of your review content at our discretion;
• You grant us an irrevocable, unrestricted, royalty-free license to use, modify, adapt, reproduce, transmit, publish, distribute, create derivative works from and publicly display review content for any purpose whatsoever throughout the world in any media to the extent permitted by law;
• You own or have the necessary consents or permissions to submit your review content and have it published and we are under no obligation to keep this content confidential;
• Your review content contains your genuine opinion.
We reserve the right to investigate and verify the validity of reviews submitted to us. We reserve the right to not publish, or remove, any ratings & reviews that we consider not to be genuine or misleading or violate our moderation policies in any way.

14. Third Party Websites

Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else to the contrary in these Terms).

Our website must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose.

15. Viruses and Hacking

You must not misuse our website by knowingly introducing viruses, trojans or other code or material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.

Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. As such, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.

16. Disclaimer and Liability

This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:

(a) the performance, non-performance, purported performance or delay in performance of these Terms or the Site (or any part of it or them); or

(b) otherwise in relation to these Terms or the entering into or performance of these Terms.

Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for: (a) fraud; (b) death or personal injury caused by our Breach of Duty; (c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or (d) any other Liability which cannot be excluded or limited by applicable law.

In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.

(a) To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.

(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.

(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements.

(e) All products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.

(f) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.

(g) Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

17. Limitation of Liability

In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the cost of Orders placed by you during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations.

In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’

Inkse is not responsible for, and assumes no liability for, the contents of Your Designs.

These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.

18. Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of (i) your breach of these Terms, (ii) your breach of any law or the rights of a third party or (iii) Your Designs.

19. General

Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

Third party rights: All provisions of these Terms apply equally to and are for the benefit of INKSE, its subsidiaries, any holding companies of INKSE, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.