Terms & Conditions

Welcome to Ingham’s Online Merchandise Store. This site is provided by TPF Think Pty. Ltd (referred to throughout this site as “Ingham’s Online Merchandise Store”) as a service to our customers. Please review the following basic rules that govern your use of our Site (the “Agreement”). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms. Ingham’s Online Merchandise Store reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Ingham’s Online Merchandise Store Web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Ingham’s Online Merchandise Store, one of its affiliates or by third parties who have licensed their materials to Ingham’s Online Merchandise Store and are protected by Aust. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Ingham’s Online Merchandise Store and is also protected by Aust. and international copyright laws. Ingham’s Online Merchandise Store and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web site. Access to this Web site does not confer and shall not be considered as conferring upon anyone any license under any of Ingham’s Online Merchandise Store’s or any third party’s intellectual property rights. The Ingham’s Online Merchandise Store names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Ingham’s Online Merchandise Store. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner. References on this Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Ingham’s Online Merchandise Store’s endorsement, sponsorship or recommendation of the third party, information, product or service. Ingham’s Online Merchandise Store is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of Ingham’s Online Merchandise Store or its suppliers and protected by Aust. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Ingham’s Online Merchandise Store will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Ingham’s Online Merchandise Store on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

While Ingham’s Online Merchandise Store strives to provide accurate product and pricing information, pricing or typographical errors may occur. Ingham’s Online Merchandise Store cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Ingham’s Online Merchandise Store shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Ingham’s Online Merchandise Store may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Ingham’s Online Merchandise Store reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Ingham’s Online Merchandise Store account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Ingham’s Online Merchandise Store also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at Ingham’[email protected]

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Ingham’s Online Merchandise Store to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Ingham’s Online Merchandise Store’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Victorian law as such law applies to agreements between Victoria residents entered into and to be performed within Victoria. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Victoria.

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Ingham’s Online Merchandise Store on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Ingham’s Online Merchandise Store’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Ingham’s Online Merchandise Store of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Ingham’s Online Merchandise Store will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Ingham’s Online Merchandise Store will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Ingham’s Online Merchandise Store is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Ingham’s Online Merchandise Store does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Ingham’s Online Merchandise Store the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Ingham’s Online Merchandise Store and its affiliates for all claims resulting from any Comments you submit. Ingham’s Online Merchandise Store and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

These terms are effective unless and until terminated by either you or Ingham’s Online Merchandise Store. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Ingham’s Online Merchandise Store also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Ingham’s Online Merchandise Store’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Ingham’s Online Merchandise Store, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. These terms are effective unless and until terminated by either you or Ingham’s Online Merchandise Store. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Ingham’s Online Merchandise Store also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Ingham’s Online Merchandise Store’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Ingham’s Online Merchandise Store, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

This site is provided by Ingham’s Online Merchandise Store on an “as is” and “as available” basis. Ingham’s Online Merchandise store makes no representations or warranties of any kind express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Ingham’s Online Merchandise Store disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing Ingham’s Online Merchandise Store disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the Ingham’s Online Merchandise Store web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

Limitation of Liability Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall TPF Think Pty. Ltd or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Ingham’s Online Merchandise Store web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Ingham’s Online Merchandise Store has been advised of or should have known of the possibility of such damages. In no event will Ingham’s Online Merchandise Store be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose.