Before you acknowledge and abide by 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:
- INKPASS Website Terms and Conditions
In purchasing an INKPASS NFT, you agree to:
- Provide fully accurate and complete information about yourself as prompted by the website;
- Not allow others to access your account, or give anyone else your account login information; and
- Fully cooperate with us or any law enforcement authority in investigating any suspected improper access to or usage of your account.
In summary, the purchasing of an INKPASS NFT involves:
- The creation of an account with us via the INKPASS website in order to purchase your NFT. After purchase and in order to receive your NFT and its associated privileges, you must also enter a wallet address – failure to do so will result in you not being able to receive your NFT.
- INKPASS can only accept the first digital wallet entered into your account, and bears no responsibility if you enter the incorrect wallet details.
- Once you have purchased your NFT, there will be a 24-72hr verification period before receiving a ‘placeholder’ NFT.
In the case that you are a pre-existing INKPAY customer that has purchased an INKPASS NFT through the INKPAY platform, you will be assigned an
- INKPASS account and given unique login credentials. This will also incur within a 24-72 hour verification period.
- Once you have made your INKPASS purchase, we will send you both a confirmation and next steps email. It is your responsibility to follow the next steps in order to claim your NFT.
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 unauthorised access or use of your account.
You are also responsible for maintaining and protecting the confidentiality of your digital wallet details, which consists of your seed phrase, private key and password. We are independent of your digital wallet and therefore bear no responsibility for any matters regarding it.
We are independent of the blockchain, of your digital wallet and of NFT trading platforms. We are not responsible and have no control or liability for what you choose to purchase within the crypto ecosystem.
Only one person per token can claim the lifetime discount utility, therefore if you have already activated the discount privileges on your token and then decide to sell it, the buyer will not be able to access those privileges. Activating the privileges on a token will change its appearance, and it will be therefore recognisable as having no accessible utility to buyers on the secondhand market.
Should you decide to sell your NFT before activating its privileges, the buyer can then claim its utility. Note here that by selling your NFT, you are selling its utility also, therefore removing any ability to claim discount privileges.
INKPAY and INKPASS does not facilitate secondhand sales, has no control over the secondhand NFT market, and therefore bears no responsibility to matters concerning secondhand sales.
The utility of these NFTs can only be unlocked upon INKPAY establishing operations in the United States. The date of such is subject to change, and does not warrant INKPAY to provide consolation.
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.
Limitation of liability
Neither party is liable to the other for any consequential or indirect loss including, but not limited to loss of profit or potential profit.
Our proprietary rights
You acknowledge and agree that the INKPASS website and any necessary software used in connection with the website (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 or information presented to you through the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our website, or any of our content, logos, graphics, icons or other content published on our website.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the Blockchain is at your sole risk. 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 Product and the software will meet your requirements;
- The Product and the software 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 website(s) will meet your expectations; and
- Any errors in the software or Product(s) will be corrected.
- No advice or information, whether oral or written, obtained by you from us or through or from the website shall create any warranty not expressly stated in this agreement.
We may provide you with notices, including those regarding changes to this agreement, by email, mobile app or other form of communication.
INKPASS is independent of your digital wallet, and therefore bears no responsibility for what you chose to do with your digital wallet or your NFT after purchase, whether intentional or accidental. INKPASS is also independent of the Polygon blockchain, and therefore has no capacity to retrieve or redirect NFTs once they are purchased.
The INKPASS fiat purchase option acts as an onramp to the polygon blockchain, automatically assigning NFT ownership upon purchase and entrance of your wallet. Like all blockchain NFT purchases, this process is non-reversable, therefore INKPASS bears no obligation or ability to refund an NFT purchase for any reason.
A termination fee will be charged for all cancelled or refunded ‘Pay in 4’ orders through INKPAY and INKPASS websites. The fee is equivalent to 25% of the first payment.
The INKPASS NFT’s discount utility can only be applied once every 6 weeks, for a maximum spend of $1000 per session. The purchaser, whose account the INKPASS NFT will be linked to, is able to claim the discount utility.
The INKPAY trademarks and service marks and other INKPAY logos and product and service names (the INKPAY and INKPASS marks) are trademarks of ours. You must not display or use in any manner the INKPAY and INKPASS marks without our prior written consent.
We may transfer, or assign, our rights under this agreement without your consent. 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.
If you have purchased using INKPAY ‘BNPL/Pay in Four’ you agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. Once an account is assigned to a third party agency, the INKPAY payment account is terminated and cannot be used further. Any discussions regarding the terminated account will need to be made with the third party agency directly.
Changes to terms and conditions
We reserve the right to modify, update or otherwise alter the terms of this agreement.
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.
The terms and conditions herein constitute an agreement between you and us (Inkpay Pty Ltd, ABN 87 633 926 039, Australia).
Choice of law and forum – This agreement and the relationship between you and us shall be governed by the laws of the relevant purchase location without regard to its conflict of law provisions.
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.
In this agreement:
Agreement means this agreement between INKPAY Pty Ltd and you.
Website means www.inkpay.com or www.inkpassnft.io