Terms & Conditions – Darkly Labs

Terms and Conditions

We have tried to make our terms and conditions as easy to read and understand as possible. If you have any questions please contact us (info@darklylabs.com).

About these Terms and Conditions

All visitors (“user”, “you”, “your”) to the Darkly Labs websites at www.darklylabs.com and forum.darklylabs.com (combined known as the “website”) are entering a binding legal agreement on the following terms and conditions (the “Agreement”) when using the website. The Agreement is between the user and either or both Darkly Digital Pty Ltd (ACN 123 781 966) or Darkly Labs (“Darkly Labs”, “we”, “us”, “our”). Please read these terms carefully before using the website. Use of this website indicates continued full acceptance of this Agreement regardless of whether or not you choose to provide us with your details. If you do not accept this Agreement do not continue using this website, the content or the services.

We may revise this Agreement at any time. You should check the website from time to time to review the then current terms and conditions as they are binding on you. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our website. In all circumstances continued usage of the website will be taken to be full acceptance of the new terms. Certain provisions of this Agreement may be superseded or added to by terms located on particular pages of the website.

Intellectual Property, Software and Content

“Content” means the content of the Services and the website, including any text, graphics, images, sounds, music, video and audio. We do not promise that all content on this site is error free, however, we make all reasonable attempts to ensure that the information displayed is accurate and complete..

“Intellectual Property Rights” means all intellectual property rights including without limitation trade marks and copyright in our website and the material published on it (including without limitation, its looks, its feel, brands, logos and trade marks, information, manuals, graphics, photographs, content, images, sounds, video, audio, text, lay-out, logos, button icons and the compilation and organisation thereof and all intellectual property rights contained therein). Those works are owned by Darkly Digital Pty Ltd unless otherwise specified and are protected by copyright laws and treaties around the world. All such rights are reserved by Darkly Digital Pty Ltd. All software used on this site is the property of Darkly Digital Pty Ltd or those supplying the software.

You must not remove anything from or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way and you must not use any content separately from any accompanying text. Our status as the authors on our website must always be acknowledged.

Content of this site is only for personal use on this site and not for any other purpose. You may store, print and display the content supplied solely for your own personal use. You must not use, publish, distribute or otherwise reproduce any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us. If you print off, copy or download any part of our website in breach of this Agreement your right to use our website will cease immediately and you must at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial without our prior written permission.

“Services” means the services as updated from time to time made available from the website together with any documentation relating to them, including but not limited to offers to sell and deliver products, assembly and user manuals and a platform for you to share your projects, images and opinions.

“User Content” means any and all information that a user submits to, or uses with the website or Services (e.g. content in the user’s profile or postings). You are solely responsible for your User Content.

Our Products

The products for sale on our website are intended for personal use. You agree not to commercially resell any product you buy from our website.

If delivery of an order will result in unacceptably high freight charges to us we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.

Prices, Payment and GST

All prices displayed on our website are either in United States dollars or Australian dollars and do not include GST. GST will be added to prices in Australian dollars during the checkout process.

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not store your credit card or bank information. We will not be liable for any damages or loses (whether direct or indirect) caused if your card is used fraudulently.

Duties and Taxes

International delivery costs do not include any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the delivery recipient. For more information on taxes, duties and customs regulations please contact your local customs office directly.

Production and Shipping / Delivery

It is important to remember that Darkly Labs do not keep stock ready to ship in a warehouse. Each kit is created especially for you and the process time starts at the time the order is placed.

Delivery fees are calculated based on the size, weight and destination of your order. Delivery times vary based on destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order.

Risk in the products passes to you on delivery by any of our delivery partners to the shipping/delivery address nominated by you. We do not accept liability for any loss, theft or damage to the products after delivery.

We work with a number of external delivery partners including Australia Post and courier companies. Your order will be delivered to the delivery address provided by you. You are responsible for providing your correct delivery address. We cannot deliver to PO, APO, DPO and FPO boxes. Our delivery partner may leave a card at the address and you will need to pick up the delivery from your nearest Post Office or contact the courier company to arrange for re-delivery. Tracking is not always available.

If your order is being sent by a trackable service the tracking details will be included on the order finalized / shipping email that is sent to you.

It is important that you verify your information is correct, especially your delivery address. If the address provided is incorrect or you refuse to accept delivery and the package is returned you may be billed for the additional shipping charges in order for your delivery to reach you or for the package to be returned to us. You agree to this by placing an order with us. We reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact telephone number which may be used by the courier to arrange delivery. If we and/or our delivery partner have been unable to deliver your order due to your error or fault after 10 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery fees incurred by us for the original shipping and the return to us.

Returns

Faulty Merchandise

If you have received faulty merchandise please contact us via email sales@darklylabs.com as soon as you receive your merchandise or as soon as the fault is first known, whichever is the earlier, stating exactly the nature of the fault. You are responsible for any return shipping cost and return shipping charges are not refundable unless otherwise agreed prior to the return shipping by us. Should we replace any part(s) of the merchandise prior to receipt of the faulty merchandise we may charge you the retail cost of the replacement part(s). That charge will be refunded to you upon receipt of the faulty part(s).

Once we have received the faulty merchandise, it will be inspected by the production team to determine and/or confirm the issue. Once a decision is made, we as the manufacturer will then issue an exchange, refund or repair the merchandise. Please allow approximately 2 weeks for the processing of faulty returns once received. You will be contacted via email informing you of the details and once the issue has been rectified, the item will then be shipped back, if applicable, to you the same day.

Change of Mind

Returns for change of mind will incur a restocking fee of 30% of the purchase price. All returns for change of mind must be pre-approved by Darkly Labs. Please contact us via email info@darklylabs.com to obtain return approval. Refund for merchandise returned due to a change of mind will be at the discretion of Darkly Labs. You are responsible for return shipping costs. The cost of shipping the merchandise to you and the return shipping cost are non-refundable.

General information on returns and refunds

In all instances software is non-refundable. If the software was purchased as part of the inclusive cost of an Emblaser Kit, the current retail value of the software will be deducted from any refund payable.

In all cases refunds will not be offered for merchandise/components that have been damaged through the misuse or neglect of the Purchaser. Repairs of merchandise/components damaged through misuse or neglect may incur a fee and you may be responsible for any shipping costs incurred by Darkly Labs to return the repaired merchandise/components.

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Darkly Digital Pty Ltd trading as Darkly Labs and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution by statute at common law or otherwise.

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.

To the fullest extent permissible by the applicable law, we hereby disclaim any and all responsibility, risk, liability and damages arising out of death or personal injury resulting from assembly or operation of our products.

Warranty / Guarantee

The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our team will advise you on the next steps. Please contact us at sales@darklylabs.com and/or info@darklylabs.com. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

We reserve the right to refuse a replacement or refund in cases where we deem damage to a product to be due to fair wear and tear, misuse, failure to assemble or use in accordance with our instructions or failure to take reasonable care. To the fullest extent permissible by the applicable law, we hereby disclaim all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes or misappropriation.

The claim period for repair or replacement when a defect(s) is present when or after you take delivery is a reasonable period from the date of delivery until the failure becomes apparent.

User Content

You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate any third party right, including any copyright trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. You further warrant that you will not upload, transmit, display or distribute any content that is harmful to minors in any way, or is in violation of any law, regulation, or obligations or restrictions imposed by any third party or inappropriate to our website.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or the at defames or vilifies any person, people, races, religion or religious group is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, intentionally misleading, promotes illegal activities or is otherwise objectionable. Darkly Labs reserves the right (but not the obligation) to remove or edit such content.

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fess) or other expenses that arise directly or indirectly out of or from:

Your breach of this clause and/or the “Viruses and Hacking” clause of this Agreement;
Any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
Your activities in connection with the website.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

We are not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

You hereby grant, and you represent and warrant that you have the right to grant, to us and our partners an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works and otherwise use your User Content on the website. You agree to irrevocably waive, and cause to be waived, any claims and assertions of moral rights with respect to your User Content.

If you provide us any feedback or suggestions regarding the website and Services (“Feedback”) you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Viruses and Hacking

You must not misuse our website by knowingly introducing viruses, worms, Trojans, any software intended to damage or alter a computer system or data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not use the website to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam or chain letters.

We will 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. Accordingly, 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 to 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.

Security of Information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that your transmit to us is transmitted at your own risk.

Indemnity

You agree to indemnify, defend and hold harmless Darkly Digital, its directors, officer, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and/or costs, including but not limited to, legal fees arising from your failure to comply with the safety precautions contained in the user manual, the misuse of our product(s), any modifications or alterations to our product(s) and any failure by you to comply with the assembly directions and operating instructions contained in the assembly and user manuals as varied from time to time.

Email communication

You consent to receive communication from us electronically, either by email or by posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.

Our Privacy Policy forms part of this agreement. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. When ordering products you will be required to provide payment details. By entering your payment details you warrant that you are the authorised account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You consent to all or part of your information being provided to our third party providers and partners as required for the third party providers and partners to carry out the services they provide.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

General

The Privacy Policy on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms and Conditions. We process information about you in accordance with our Privacy Policy. By using our website you consent to such processing and you warrant that all data provided by you is accurate.

We do not accept liability for any failure to comply with this Agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any terms of this Agreement are held to be invalid, unenforceable or illegal for any reason the remaining terms and conditions shall nevertheless continue in full force.

This Agreement is governed by the laws of the State of Victoria, Australia. Each party submits to the jurisdiction of the courts of that State of Victoria and any courts of appeal from them.

Our website and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by the Director of Darkly Digital Pty Ltd.

Any concerns about material which appears on our website should be communicated to us by email to info@darklylabs.com.

Privacy Policy

Darkly Labs are committed to protecting and respecting your privacy.

This Privacy Policy is intended to inform you of our practices regarding the collection, use and disclosure of your personal information we collect form or about you, whether through the website or any other method.

By visiting you expressly consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy.

Information Collected

We collect personal information about you and may collect non-personal information relating to your use of our website.

Personal information

We collect personal information about you that you submit to us voluntarily through or website or otherwise, including but not limited to the use of the online store, sending us an email or letter. Personal information may include, but is not limited to, your name, your email address, your postal and billing addresses, your telephone number(s) and your payment information which may include credit card details.

We may also collect personal information about you through which you submit voluntarily by posting a comment on our forum. We advise you to limit the personal information that you publish in this way, since we cannot control any third collection or use of any such information.

We may also collect personal information about you through third parties, for example if we purchase access to a database to which you have provided your personal information and consented to its disclosure.

Non-personal information

We may collect non-personal information relating to your use of our web site. This might include, but is not limited to your IP address, browser type and operating system. We may also use tracking technology, including cookies, to collect the information about the date and time of your visit to our web site and details of which pages you viewed.

Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. Cookies do not identify you personally but identify your web browser. Cookies help us by providing information about how our website is used. We may use both session cookies, which expire when you close your web browser and persistent cookies, which stay on your computer until you delete them. Most web browsers are set to accept cookies. You can disable cookies using your web browser’s by managing the settings on your web browser to delete all cookies and disallow further acceptance of cookies but this may affect the functionality of our website and your ability to use our services. You may also consider visiting aboutcookies.org, which provides helpful information about cookies.

Why we collect information and how we use it

We shall only collect, store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you, for example, to ship your packages, provide service and support, allow access to our forum, and share product service and news with you.

We also collect your personal and non-personal information in order to improve our website.

We reserve the right to use your personal information to investigate any suspected breach of our Terms and Conditions or if we suspect that you have engaged in any unlawful activity.

Disclosure of Your Information

We do not sell, rent, barter, trade or share your personal information with third parties for their advertising or direct marketing purposes.

We may disclose your personal information to third party service providers who perform functions for us or provide services for us, for example processing credit card transactions, sending emails, marketing or analysing data, processing your shipments. In such cases we take steps to ensure that our service providers do not us any personal information disclosed except for the purposes of providing the requested service to us.

We may disclose your personal information to Stripe and NAB for processing credit card transactions. This personal information includes your payment card information, your email address, your mobile phone number, and billing and shipping address. Stripe and NAB will use this information as part of the payment processing process. When you use Stripe Checkout on our website to store your payment credentials, Stripe and NAB will use the personal information disclosed by us to complete purchases that you choose to make on other websites or applications that also use Stripe Checkout, but only with your permission.

We may disclose your personal information to the police or any relevant authority or enforcement body, including your internet service provider, if we suspect you are in breach of our Terms and Conditions or that you have been engaged in any unlawful activity and we reasonably believe this disclosure is necessary or if required to do so by law. We may disclose your personal information as part of a sale or proposed sale of our business.

Third Parties

Our website may contain links to third party websites, including Facebook and other social media websites. We are not responsible for the privacy practices of other websites and this Privacy Policy does not apply to any third party websites.

Security

We employ appropriate electronic and procedural measures to protect personal information from unauthorised access, misuse, interference, loss modification and disclosure. These measures include but are not limited to Secure Socket Layer (SSL) encryption technology.

You acknowledge that despite our best efforts the security of online transactions and communications sent by electronic means or by post cannot be guaranteed as 100% secure.

We take all reasonable steps to ensure that the personal information is accurate, complete, up-to-date, relevant and stored securely. You are responsible for accuracy of the personal information that you provide.

Opting Out

You can ask us to update or remove your Personal Information by writing to us at our address below. However, please note that we may need to keep some personal information in order to process orders or to comply with customer service or after sale obligations:

Opt Out

Darkly Labs

10 Baranbali Grove

Greensborough VIC 3088

Australia

Changes to this Privacy Policy

We reserve the right to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. Continued use of our website following such changes indicates your agreement to be by bound by the updated policy.

For more information about privacy issues in Australia, visit the Australian Information Commissioner’s website at http://www.oaic.gov.au.