Terms & Conditions
TERMS AND CONDITIONS
Last updated December 01, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Inksale Limited, doing business as eink.co.nz ('Company', 'we', 'us', or 'our'), a company registered in New Zealand at 2/172 Clovelly Road, Auckland, Auckland 2012.
We operate the website http://www.eink.co.nz (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
You can contact us by phone at 00642108356161, email at eink@eink.co.nz, or by mail to 2/172 Clovelly Road, Auckland, Auckland 2012, New Zealand.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Inksale Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTIONLICENCE
11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS
15. GOVERNING LAW
16. DISPUTE RESOLUTION
17. CORRECTIONS
18. DISCLAIMER
19. LIMITATIONS OF LIABILITY
20. INDEMNIFICATION
21. USER DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
23. MISCELLANEOUS
24. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation orwhich would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to accessthe Services from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent locallaws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in ourServices, including all source code, databases, functionality, software,website designs, audio, video, text, photographs, and graphics in theServices (collectively, the 'Content'), as well as the trademarks, servicemarks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws(and various other intellectual property rights and unfair competition laws)and treaties around the world.
The Content and Marks are provided in or through the Services 'AS IS' foryour personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive,non-transferable, revocable licence to:
access the Services; and
download or print a copy of any portion of the Content to which youhave properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part ofthe Services and no Content or Marks may be copied, reproduced,aggregated, republished, uploaded, posted, publicly displayed, encoded,translated, transmitted, distributed, sold, licensed, or otherwise exploitedfor any commercial purpose whatsoever, without our express prior writtenpermission.
If you wish to make any use of the Services, Content, or Marks other thanas set out in this section or elsewhere in our Legal Terms, please addressyour request to: eink@eink.co.nz. If we ever grant you the permission topost, reproduce, or publicly display any part of our Services or Content, youmust identify us as the owners or licensors of the Services, Content, orMarks and ensure that any copyright or proprietary notice appears or isvisible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a materialbreach of our Legal Terms and your right to use our Services will terminateimmediately.
Your submissions
Please review this section and the 'PROHIBITED ACTIVITIES' sectioncarefully prior to using our Services to understand the (a) rights you give usand (b) obligations you have when you post or upload any content throughthe Services.
Submissions: By directly sending us any question, comment, suggestion,idea, feedback, or other information about the Services ('Submissions'),you agree to assign to us all intellectual property rights in such Submission.You agree that we shall own this Submission and be entitled to itsunrestricted use and dissemination for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending usSubmissions through any part of the Services you:
confirm that you have read and agree with our 'PROHIBITEDACTIVITIES' and will not post, send, publish, upload, or transmitthrough the Services any Submission that is illegal, harassing,hateful, harmful, defamatory, obscene, bullying, abusive,discriminatory, threatening to any person or group, sexually explicit,false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moralrights to any such Submission;
warrant that any such Submission are original to you or that youhave the necessary rights and licences to submit such Submissionsand that you have full authority to grant us the above-mentionedrights in relation to your Submissions; and
warrant and represent that your Submissions do not constituteconfidential information.
You are solely responsible for your Submissions and you expressly agreeto reimburse us for any and all losses that we may suffer because of yourbreach of (a) this section, (b) any third party’s intellectual property rights, or(c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registrationinformation you submit will be true, accurate, current, and complete; (2)you will maintain the accuracy of such information and promptly updatesuch registration information as necessary; (3) you have the legal capacityand you agree to comply with these Legal Terms;
(4) you are not a minor inthe jurisdiction in which you reside
; (5) you will not access the Servicesthrough automated or non-human means, whether through a bot, script orotherwise; (6) you will not use the Services for any illegal or unauthorisedpurpose; and (7) your use of the Services will not violate any applicable lawor regulation.
If you provide any information that is untrue, inaccurate, not current, orincomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Services (or any portionthereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keepyour password confidential and will be responsible for all use of youraccount and password. We reserve the right to remove, reclaim, or changea username you select if we determine, in our sole discretion, that suchusername is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS