Terms of Use

In this policy, “us”, “we”, or “our” means N & K Fennell Pty Ltd (ABN 22 142 972 165) (operating as Lorikeet Ink), operator of this website (or “site”).

We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website.

Any user who registers with us (each, a “Registered User”) or purchases a product or service through our Website, is agreeing to the terms of this Agreement.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the Website. Your subsequent or continued use of the Website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to the Website.

These terms were last updated on 27 August 2020.

GENERAL TERMS

1. JURISDICTION

These terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises under these terms.

2. ACCESS

While we make every reasonable effort to ensure that the Website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the Website at any time without notice.

We reserve the right to terminate your access to the Website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

3. CONDUCT

You must not use, or attempt to use the Website:

in breach of any applicable laws of the State of Queensland, Commonwealth of Australia, or local laws in your jurisdiction
to impersonate any person or entity
to solicit money, passwords, personal information or other property from any person or entity
to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
to publish or facilitate publication of personal information of a third party without their consent
to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
to publish or facilitate publication of pornographic or offensive material
to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so.
Breaching of these rules of conduct may result in termination of your access to the Website and prevention of further access without warning or notice.

4. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices.

5. COPYRIGHT

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the Website.

The Website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the Website for your own personal, non-commercial use. Material published on or sourced from the Website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).

If you’d like to repost one of our articles or content, please don’t use it word-for-word and instead link back to our relevant site. Duplicate content can negatively affect your Google rankings and our’s.

Contact books[AtSymbol]lorikeetink.com for requests for other content re-use or further information.

6. THIRD PARTIES

Certain areas of the Website may contain links to external websites. These external websites do not form part of our Website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of the Website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of the Website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

7. LIMITATION OF LIABILITY

Your use of the Website is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, the Website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on the Website

By continued use of the Website you agree that we will not be held liable for any damages of any kind arising from the use of the Website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case of goods or services supplied or offered via the Website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.

12. DISCLAIMER

The information contained on our Website is general and/or based on personal experiences and is not intended to serve as advice. No warranty is given in relation to the accuracy or reliability of any information. Users should not act or fail to act on the basis of information contained herein. The facts of every situation will be different and you must satisfy yourself that this information is appropriate for the particular case or circumstances for which you intend to use the information. It is the user or purchaser’s responsibility to fully and completely research any suggestions, tactics, plans or strategies before undertaking action. Users are encouraged to consult with a relevant professional for advice concerning specific matters before making any decision.

We do not warrant that this information is entirely free of defects or fit for any specific purpose and we do not accept any liability for any errors or omissions in the information and any loss, injury or damages resulting from or connected with the use of the information.

In the preparation of the Website every effort has been made to offer the most current, correct and clearly expressed information possible. Nonetheless, inadvertent errors can occur and applicable laws, rules, technology, the marketplace and regulations may change.

The end user of the Website should use the contents and the materials as a general guideline and not as the ultimate source of current information. Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

13. UNSOLICITED EMAILS

Electronic addresses are published on the Website for professional communications only and do not constitute an invitation to send unsolicited commercial emails which do not relate to our business.

PURCHASING ONLINE

1. MINIMUM AGE AND LEGAL CAPACITY

Purchasing products or services on the Website is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.

Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

2. ACCURACY OF PRODUCT DESCRIPTION

All products and services listed on the Website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

Human error in entry of information
Incorrect information provided to us by suppliers or distributors
Failure of suppliers or distributors to supply updated information to us

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

3. PAYMENT

All orders are placed in Australian dollars.

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.

In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can be fulfilled.

In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, your access to membership or resources may be paused or cancelled until payment issues are rectified.

4. PRICES AND TAXES

Prices are displayed to Australian visitors of the Website (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars.

If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.

5. RETURN POLICY

In the case of purchase of a product from the Website which satisfies one or more of the following cases we will gladly arrange a refund or exchange of the product:

The product proves faulty within 14 days of receiving the product and/or date of invoice
The product does not match its description as provided when sold
The product received is not the product ordered

Please contact us immediately if any of the above occurs to arrange a return. Products returned without prior notice will be rejected.

Please ensure that returned products are safely packed in their original packaging. We will not be held liable for damage to products incurred during return shipping.

Refunds will be issued to the extent required by the Trade Practices Act 1974 (Cwth) and Sale of Goods Act 1958 (Vic). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.

6. TAX INVOICE

Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct.

7. SECURITY

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

8. LIMITATION OF LIABILITY

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages or injury resulting from the purchase, delivery, use, or return of any product or service purchased from the Website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

10. PAYMENT PLANS

Full access to any product purchased using a payment plan (where offered) ‘may’ be restricted if payment fails. Failure to make all payment ‘may’ result in exclusion from any paid product forums or groups.

11. PARTICIPATION IN FREE AND PAID GROUPS, FORUMS AND INTERACTIVE AREA’S

You agree that you will not:

Use our forum, private Facebook group or any other user interactive area of our Website for any illegal purpose.
Place any material in our forum, private Facebook group or any other user interactive area of our Website that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
Place any material in our forum, private Facebook group or any other user interactive area of our Website that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,
Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, private facebook group or any other user interactive area of our Website.
Place materials in our forum, bulletin board, chat room, or any other user interactive area of our Website that are disruptive or off-topic.

COMMENTING POLICY

We appreciate comments and feedback but need to ensure that all comments are relevant and respectful towards our readers and the general community.

We will remove any comments that are:

Harassing: it’s fine to share different ideas and opinions but all comments need to be respectful towards our contributors and those leaving comments.
Anonymous: you need to identify yourself if you’re leaving a comment.
Promotional: you can’t promote products, services or businesses or provide backlinks to these in your comments.
Nonsensical of spammy: comments need to be legible and make sense to the reader. We don’t accept spam or jibberish.

We reserve the right to remove any comments from our Website. You can contact books[AtSymbol]lorikeetink.com for any questions about our commenting policy.

DISCLOSURE

If we receive a product or service for free from a company or were compensated for including their product on our Website, we will disclose that the first time we use the product or service on this site. If we are sponsored to attend an event for free or at a reduced price, we will mention the sponsor in accordance with the sponsorship agreement. In most cases, product or service mentions are completely uncompensated and when they aren’t, they are clearly marked.

We do from time to time partner with like-minded businesses and affiliates that we believe may benefit our readers and customers. For this reason, we do include affiliate links on our Website, if you purchase the product or service after clicking through, we may get a small percentage of the sale with no charge to you.

Giveaways are sponsored and fully managed by the organisations we partner with. We are not liable for how our partner or affiliate organisations manage their business or giveaways.

Sponsored content will be cleared marked and we will try where possible to ensure it fits within our brand promise.

GOVERNING LAW

This policy and the use of our websites are governed by Queensland law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Queensland Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Queensland Australia, under the rules. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

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