These terms and conditions constitute an agreement between you and us (Inkpay Pty Ltd, ABN 87 633 926 039) and contains the terms on which we will offer you an instalment plan to pay for services from tattoo studios (Payment Plan) and the use of your Account (the Services).  By opening an Account and entering into a Payment Plan, you agree to be bound by the terms and conditions contained in this agreement.

Before you agree to this agreement, you should read it carefully and make sure you understand it.

You should also read the following, which form part of this agreement and you will also be bound by:

 

Summary of how the Payment Plan works

In summary, the Payment Plan works like this:

  • You must open an Account with us. We will verify your identity, ask you some questions and consider whether an INKPAY Payment Plan will be suitable for you at this time.
  • Your purchase must be from a tattoo studio who is registered with us. The studio will send us details of the purchase that you want to pay for by instalments.
  • If we decide to offer you a Payment Plan for the purchase, we will send you your payment schedule immediately via email, which shows you what payments you will make to us, and when they will be due. We may send you this by email, in our mobile app, in your Account online, or by other means. You can accept this offer by clicking the Accept button within the proposal
  • Instalment 1: You will pay us the first instalment immediately at the time of purchase.  This will be 40% of the purchase price.
  • If you pay us Instalment 1, we will send you a notification that we have entered into the Payment Plan with you. We may send you this by email, in our mobile app, in your Account online, or by other means.  You can view your progress in making payments in your Account.
  • On the day of the purchase, or the next day, we will pay the purchase price to the Studio, less the fees we charge the Studio for making our buy now pay later service available to their customers.
  • You will pay us the remainder purchase price in 3 instalments.
  • Instalment 2: You will pay 20% of the purchase price, on the same weekday 2 weeks after the date of the purchase.
  • Instalment 3: You will pay 20% of the purchase price, on the same weekday 4 weeks after the date of the purchase.
  • Instalment 4: You will pay 20% of the purchase price, on the same weekday 6 weeks after the purchase.
  • You can make payments before the due dates without occurring additional fees or charges, otherwise we will automatically take the instalments from your nominated debit or credit card, or bank account, on the due dates.
  • If an automatic payment fails on the due date, we will charge you a late fee of $10. You can be charged up to 3 late fees which total $30.  This is 1 late fee of $10 for each of the late payments of Instalment 2, Instalment 3 and Instalment 4.
  • If an automatic payment fails, we will attempt to take that payment 2 (two) days later. If the second payment attempt fails, we will add the payment due, plus any additional fines or late fees, to the next scheduled payment INKPAY reserves the right to collect, or attempt to collect, late payments and any additional fees owing to us, at any time after an agreed or scheduled payment date has been missed.

1. Eligibility for opening an Account and for a Payment Plan

To be eligible to open and hold an Account, and enter into a Payment Plan, you MUST:

  • Be an individual who is at least 18 years old;
  • Be capable of entering into a legally binding contract;
  • Be an Australian resident
  • Have a valid email address and mobile telephone number
  • Be the authorised holder of an Australian-issued credit card, or debit card linked to an Australian bank account, or Australian bank account; and
  • Make the purchase from a Tattoo studio registered with INKPAY.

In opening an INKPAY Account and entering into an INKPAY Payment Plan, you agree to:

  • Provide accurate and complete information about yourself as prompted by our website or mobile app;
  • Maintain and promptly update such information to keep it accurate and complete;
  • Not allow others to access your payment plan, or give anyone else your account login information; and
  • Fully cooperate with us in investigating any suspected improper access to your Payment Plan.

If you provide any information that is inaccurate or incomplete, or we have reasonable grounds to suspect that this is the case, we have the right to suspend or terminate your Account and refuse future use of Payment Plans.

We may decline to open your Account or enter into a Payment Plan if you or the purchase are not approved by us.  Examples of when this could happen are:

  • The purchase is not approved by us e.g. it is a type of purchase we will not offer a payment plan for, or the amount of the purchase exceeds the limit amount we are prepared to offer you;
  • You do not pass our identity checks;
  • The 40% deposit is declined;
  • You have or have had outstanding payments or late payment fees(s) due on any INKPAY Payment Plan, attached to your Account or another INKPAY Account we believe you have held;
  • We suspect or are aware that you have breached or violated your agreement under another payment plan attached to your Account or another INKPAY Account we believe you have held, or we believe you will do so;
  • We are not satisfied with your ability to make payments; and
  • We consider it necessary to limit the risk of money laundering or terrorism financing, fraud or any other breach of law or to otherwise protect us against legal, regulatory or non-payment risk.

You are responsible for maintaining and protecting the confidentiality of your login details, which consists of your email address and password. We are not responsible for any unauthorized access and use of your account unless we have taken reasonable steps to prevent such access or use.

Your payment obligations:

Your Payment Plan

Before we enter into a Payment Plan with you, you must pay us the first payment as a 40% deposit of the purchase price at the time of the purchase.

If you pay us the first payment in full, we will enter into a Payment Plan with you, and you will pay us the remainder of the purchase price in 3 instalments.  The 3 instalments will be due on the same day every 2 weeks thereafter.  The due dates of the 3 instalments will be set out in your payment schedule.

You cannot enter into a new Payment Plan, until you have paid in full any prior Payment Plans, including all instalments and any late fees due under any prior Payment Plan.

Automatic payments

You authorise us to process payments and the late payment fee(s) specified below using the payment method details provided by you.  You will have the option to select your payment method when you create your INKPAY payment plan  You must provide us with details of your nominated debit or credit card or bank account when selecting your payment method.

You are responsible for ensuring that you have sufficient funds in your nominated debit or credit card or bank account.  If we are unable to process a payment for any reason, including but not limited to, your nominated card or bank account being expired or cancelled or there being insufficient funds in the account associated with your nominated card, you are liable for the late payment fee(s) specified below and any fees and charges imposed by your nominated card issuer or bank.

Where we are unable to process a payment because of an error or failure in our systems, you will not be liable for the late payment fee(s) specified below.

You may make payments at any time before a due date without incurring any fees or charges.

Re-attempting to take payments

If we are unable to process a payment of an instalment on the due date, we will attempt to process the payment, including the late payment fee(s), 2 (two) days later.  We also reserve the right to re-attempt to process the payment and late payment fee(s) at any other times or dates.

Late payments

If you fail to make any instalment on the due date, you must pay us a $10 late payment fee. The late payment fee will be applied the day the payment failed.  You will pay us the late instalment and late payment fee on or before the next instalment’s due date.  We will deduct any late payments and late payment fees payable from your nominated payment method.

If you continue to fail to make payments to your account, we may at our discretion terminate your Account and ban you from using our Services.

Where we terminate your Payment Plan, the full outstanding amount will immediately be due and payable.

Fees

The only fees we may charge you are late payment fees.

We do not charge you any interest, establishment fees, monthly account keeping fees or any other fees for entering into a Payment Plan.  We may waive any late payment fee at our discretion.

 

2. Identity checks and repayment capability

You agree to provide us with any information or documentation we reasonably request to verify your identity and assess your ability to make payments.  You authorise us to make any enquiries, either directly or through third parties, to verify your identity and assess your ability to make payments.

All information we collect about you, including information to verify your identity and assess your ability to make payments, will be collected, used, disclosed and stored in accordance with our Privacy Policy

 

3. Cancellations, credits and refunds

Any refunds, credits or cancellations are subject to the refund policy of the tattoo studio.  We accept no liability if the tattoo studio refuses to refund you all or part of the purchase price.

You can ask us to terminate your Account or Payment Plan at any time.  You remain liable to make your payments and pay the late payment fees(s) above in respect of any Payment Plan you have entered into. If you terminate a Payment Plan, the outstanding debt will be immediately due and payable.

If we do agree that your purchase is to be refunded or credited, you will not have to pay any further payments related to the Payment Plan, and we will refund each payment you have made under the Payment Plan including any late fees you have paid.

If we refuse to refund or credit your transaction despite you seeking a refund or credit, or disputing the purchase, you must pay all amounts due under this agreement without setting off the amount you believe we owe you and without counterclaiming from us, except to the extent that any right of set off you may have cannot be excluded under any law.

 

4. Our role

We are independent to the Tattoo Studios you make purchases from.  We are not responsible for any information, promotions, advertisements, offers, products or services the Tattoo Studios provide, even those shown on our website, mobile app, emails or social media accounts.

We are not responsible for, and have no control or liability for the products or services purchased through a Payment Plan.  We cannot ensure that a Tattoo Studio will complete the transaction.

We are an introductory agent and 3rd party payment gateway for the Tattoo Studio offering its goods or services to you for sale. If you have a dispute with Tattoo Studio who is registered with us, you should contact the Tattoo Studio directly.

 

5. Indemnity

You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions, or your breach of these terms or any other terms and conditions you agree to prior to using our Services but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.

 

6. Limitation of liability

To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with this agreement shall not exceed the total value of your purchase, regardless of whether the liability arises under any breach of contract, tort (including negligence), or any other cause of action.

Neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of accrued employment rights, lost opportunity cost, loss of enjoyment.

 

7. No resale of Payment Plan

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Payment Plan (including your Account), use of or access to the Service.

 

8. Termination

This agreement will continue until terminated in accordance with this clause. You can terminate this agreement by paying all outstanding amounts due under all Payment Plans with us.

You agree that we may, under certain circumstances and without prior notice, immediately terminate this agreement and the provision of our Payment Plans. Cause for such termination shall include, but not be limited to:

  • We reasonably suspect or aware that you have breached or violated this agreement or other incorporated agreements or guidelines or we reasonably consider Account activity to be suspicious;
  • Requests by law enforcement or other government agencies;
  • Discontinuance or material modification to our Payment Plan (or any part thereof);
  • Technical or security issues or problems; and
  • Extended periods of inactivity.

 

Termination of your agreement includes:

  • Terminating all current Payment Plans and requiring immediate payment of all outstanding amounts; and
  • Barring further use of a Payment Plan.

Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your Account or access to our Payment Plan.

 

9. Our proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorised by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to use our Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

 

10. Disclaimer of Warranties

You expressly understand and agree that:

  • Your use of the Payment Plan is at your sole risk. The Payment Plan is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement, except we do not disclaim liability to the extent it is caused by our negligent or wrongful act or omission.
  • We make no warranty that:
  • The Payment Plan will meet your requirements;
  • The Payment Plan will be uninterrupted, timely, secure, or error-free;
  • The products or services you purchase, or the content on our website, mobile app, emails or social media accounts, are suitable, reliable or available;
  • The quality of any products, services, information, or other material purchased or obtained by you through the Payment Plan will meet your expectations; and
  • Any errors in the Software or Payment Plan will be corrected.
  • No advice or information, whether oral or written, obtained by you from us or through or from the Payment Plan shall create any warranty not expressly stated in this agreement.

 

11. Notices

We may provide you with notices, including those regarding changes to this agreement, by email, mobile app or postings on the Payment Plan dashboard.

 

12. Trademarks

The INKPAY logo, trademarks and service marks and other INKPAY logos and product and service names (the INKPAY Marks) are trademarks of ours. You must not display or use in any manner the INKPAY Marks without our prior written consent.

13. Assignment

We may transfer, or assign, our rights under this agreement without your consent, provided we reasonably believe you will not suffer any material detriment from the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you to the assignee or to anyone who is considering becoming the assignee.

You cannot transfer, or assign your rights under this agreement without our written consent.

We may engage a collections agency to recover any amounts you owe to us.

 

14. Changes to terms and conditions

We reserve the right to modify, update or otherwise alter the terms of this agreement. We will notify you of any changes to the terms, including any changes to fees and charges, by displaying the updated terms the first time you log into your Account after the change. Any changes will apply to your next Payment Plan, but will not apply to any Payment Plan that has been approved and which you are currently making payments for in accordance with a payment schedule. If you are unhappy with any of the changes, you may terminate your agreement with us immediately by closing your Account.

 

15. Intellectual property

You acknowledge and agree that this agreement contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this agreement, in whole or in part.

 

16. General Information

Choice of law and forum – This agreement and the relationship between you and us shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Queensland .

Waiver and severability of terms – The failure of ours to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.

Statute of limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this agreement are for convenience only and have no legal or contractual effect.

 

17. Definitions

In this agreement:

Account means the account you have opened with us to access and use the Payment Plan.

 


Updated: 12/06/2019