Please wait, content is loading

Terms & Conditions

Welcome to Black Clover Ink!

Before we get started on your amazing tattoo journey, we kindly ask you to take a moment to read through our terms and conditions. These guidelines are designed to ensure a smooth and enjoyable experience for everyone. By attending your booking, you acknowledge and accept these terms. Thank you for your understanding and cooperation!

TERMS AND CONDITIONS

These are the Terms and Conditions between Black Clover Ink Pty Ltd ACN 678 265 766 (“we/us/our”) and you as the client.  In making a booking with us, you are agreeing to abide by these Terms and Conditions.

1.            Provision of services

  1. We will provide the tattooing services (“Services”) to you at your allotted booking date and time.
    1. We reserve the right to refuse providing the Services to anyone who:
      1. is under the age of 18;is under the influence of drugs and alcohol; or has any adverse health conditions or disease that may impact the person’s ability to receive the Services.
    1. We are required to view and take copies of your photo identification as part of providing the Services.

2.            Preparation

  • You must ensure that your skin is clean and dry for your booking.
    • You must not wax or use any hair removal cream on the tattoo sit in the 48 hours prior to your booking. You must not use any topical anaesthetics or numbing creams without our knowledge and consent.
    • We recommend wearing loose clothing before and after your booking.

3.            Approvals

  • When you book with us, you will be required to provide your ideas for the fundamental concept of the tattoo you will receive as part of the Services.  Our artists will begin sketching your tattoo once we have received your deposit.
    • If you change your mind on the fundamental concept of the tattoo after making the booking, you may incur additional fees.  Our artists will need to begin the sketching process again.
    • Once the design has been sketched and during the stencilling process, you will have the opportunity to review the design, spelling, size and location of the tattoo.  You must provide your approval or otherwise advise us of your minor amendment requests at this time.
    • Once you have confirmed your approval, no amendments will be made to the design or location of the tattoo.

4.            Aftercare

  • We will provide you with reasonable directions and guidelines for the proper care of your tattoo following the provision of the Services.
    • General aftercare includes keeping the tattoo clean, moisturised and out of direct sunlight.  We recommend that you do not submerge the tattoo in water until it has fully healed.  You should not pick or scratch at the tattoo whilst it is healing.
    • You acknowledge that without proper aftercare, you risk the tattoo becoming infected, scarring or fading.
    • If you are concerned about infection or skin conditions arising after the provision of the Services, you should contact a healthcare professional.

5.            Cover Ups

  • In the event you make a booking for a cover-up of a previous tattoo, you agree and acknowledge that:
    • cover-ups are not an entire solution to a previous tattoo;
      • the previous tattoo may still be visible even after the cover-up is complete; and
      • tattooing over the top of another tattoo may increase the risk of scarring in the area.
    • You must advise us at the time of your booking if you are intending for the Services to be a cover-up of a previous tattoo.

6.            Fees

  • We will provide you with a quote at the time of your booking.  By instructing us to make your booking, you are accepting our quote.
    • At the time of booking, you must pay:
      • if the quote is less than $600.00, the amount of $150.00; or
      • if the quote is greater than $600.00, the amount of 30% of the value of the quote,
  • as a deposit in order to secure your appointment.  Please note that we are under no obligation to hold the date or time for you until we receive payment of your deposit.
    • The balance of your fees are payable prior to receiving your tattoo on the day of your booking.  We will not perform the Services without full payment being received.
    • You must pay your fees, including the deposit, by way of bank transfer or electronic funds transfer.

7.            RESCHEDULING, CANCELLATION AND NO-SHOW POLICY

  • A booking may be rescheduled by you at no additional cost by providing at least 24 hours’ notice prior to the start time of the booking.
    • If less than 24 hours’ notice if given, or if you no-show your booking, you will automatically be deemed to have cancelled your appointment and we will retain your deposit as a cancellation fee.  You will not be entitled to a refund for any deposit or other fees you have already paid.
    • In the case of rescheduling, new booking times are subject to our availability.
    • If your artist is unable to attend your booking due to illness or otherwise, we will contact you to reschedule your booking and/or allow you to book in with another artist.  No additional fees will be payable.  Where no alternative arrangements can be made, we will cancel the booking and refund your deposit.
    • We will remind you of your booking via email and SMS.  You must be prompt in attending your booking.  You acknowledge that if you are late to your booking, we may be required to reschedule if we do not have sufficient time to complete the Services in a quality manner.  If this occurs, you will be required to pay a rescheduling fee of $150.00.

8.            LIMITATION OF LIABILITY AND WARRANTY

  • Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by legislation which cannot be lawfully excluded or limited.  Such legislation includes the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances, each a non-excludable provision.
    • Subject to our obligations under the non-excludable provisions, and to the fullest extent permissible by law, we expressly disclaim all warranties and representations of any kind with respect to the Services whether express, implied, statutory, or arising out of the court of performance, course of dealing or usage of trade including any warranties or merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement.
    • You acknowledge that by receiving the Services, you may be exposed to increased risks of physical harm or personal injury. 
    • To the fullest extent permissible by law, we are not liable (whether in contract or tort) for any indirect, special or consequential loss however arising, whether or not we knew of the possibility of such loss and whether or not such loss was foreseeable.
    • To the fullest extent permissible by law, our liability for a breach of the non-excludable condition is limited to the supplying of the Services again or the payment of the cost of having the Services supplied again.
    • We make no warranty or guarantee in relation to:
      • the suitability of the choice or location of the tattoo; or
      • the colour, intensity or longevity of the tattoo.

9.            INDEMNITY

  • You indemnify and hold us harmless in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, injury, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:
    • your receipt of the Services;
      • any failure to disclose or concealment of any health condition as noted in the Client Information and Risk Warning and Liability Waiver;
      • any reaction or skin condition caused or aggravated by the Services;
      • the aftercare process, regardless of whether or not you follow our directions; and
      • your breach of these Terms and Conditions.

10.          INTELLECTUAL PROPERTY

  1. We own the intellectual property of the design of any tattoo provided as part of the Services.  You may not use the intellectual property for commercial purposes without our prior written consent.
    1. We will not infringe on the copyright of any other tattoo artist.  If you ask us to copy another tattoo design, you must ensure that you have the prior permission of the original creator.
    1. We will not post pictures or video of your tattoo online or on social media without obtaining your prior consent, which may be obtained in writing or verbally.

11.          DISPUTE RESOLUTION

  1. The parties agree to attempt in good faith to resolve any dispute regarding these Terms and Conditions through negotiation with the assistance of an agreed mediator.
    1. If the dispute or difference is not resolved to the satisfaction of the parties within 30 days, either party may request the matter to be heard by an arbitrator.
    1. Arbitration shall be effected:
      1. by an arbitrator agreed upon in writing by the parties; or
      1. in the absence of such agreement, by an arbitrator appointed in accordance with the provisions of the law relating to arbitration in force in the State of Queensland; or
      1. by an arbitrator appointed by the National President for the time being of the Institute of Arbitrators Australia.
    1. We may pause the provision of the Services to conduct whatever investigations deemed appropriate and, within 30 days of the given written notice, seek to resolve the dispute.

12.          GENERAL

  1. Any notice provided under these Terms and Conditions must be in writing, addressed to the other party and sent via email.
    1. These Terms and Conditions do not create a relationship of employment, agency or partnership between the parties.
    1. We may sub-contract our obligations under these Terms and Conditions.
    1. The failure of a party at any time to insist on performance by the other party of an obligation under these Terms and Conditions is not a waiver of any of its rights.
    1. If part or all of any of the provisions of these Terms and Conditions are illegal or unenforceable, it will be severed from these Terms and Conditions and will not affect the continued operation of the remaining provisions.
    1. These Terms and Conditions are governed by the laws of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.

PRIVACY POLICY

Your privacy is important.  Black Clover Ink Pty Ltd ACN 678 265 766 (“we/us/our”) is committed to providing you with the best experience. In doing so, we respect your privacy and are bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals as well as the Australian Privacy Principles (APPs).  This Privacy Policy relates to both your use of our website and the services we provide to you.

1.            Collection of your personal information

We collect personal information for reasons that include:

  • communicating with you;
  • enabling us to provide services to you;
  • responding to your request for information about our services;
  • sending quotes and invoices to you;
  • collecting payments from you;
  • marketing our services to you;
  • dealing with complaints and consumer guarantees;
  • developing, managing, and administering our services; and
  • complying with our legal obligations.

This personal information may be obtained from you directly, for example, in person during a booking, or over the phone and by email.  We may also collect information from third parties and public sources. 

The type of personal information we collect includes:

  • your name, address, telephone numbers, e-mail address, date of birth;
  • your identification documents, including government issued ID such as your passport or drivers licence;
  • information contained on your identification documents;
  • payment information, transaction information, bank account details, credit card details;
  • other information about you such as your pre-existing conditions or diseases and your relevant medical history.
  • your lifestyle and hobbies; and
  • other details that may be required to conduct our services including your health and medical history. 

2.            Use of personal information

We collect personal information that is necessary to provide you with the best possible service.

Other than for the purpose for which you have provided us with your personal information, we may also use it for other related purposes or as permitted or required by law.  Such relating purposes include:

  • issuing receipts;
  • responding to your comments or questions; or
  • providing you with marketing material (if you opt-in to receive such information)

We may disclose your personal information to the extent that we are required to do so by law or connection with any legal proceedings or prospective legal proceedings involving us.

We will only disclose your personal information to an overseas recipient after obtaining your prior consent.

3.            Disclosure of personal information

Any personal information you provide us may also be disclosed, if appropriate, to third parties who provide services on our behalf, such as our artists and anyone handling customer support enquiries, outsourcing administrative tasks and providing booking and patient management platforms.  Those companies will be permitted to obtain only the personal information they need to deliver the service they have been hired to perform on our behalf.  We may disclose your personal information if required by law.

4.            Your Information Rights

You have the right to:

  • request restrictions on certain uses and disclosures of your personal information;
  • inspect and copy your information; and
  • request that we amend your information.

We may restrict access where we are required or permitted to do so by law. 

We will take reasonable steps to ensure that the personal information we hold is accurate, complete and up-to-date.  You may contact us to update your personal information or tell us that the personal information we hold about you is inaccurate, incomplete or out-of-date.

If your request to amend your information has been denied, you will be provided with an explanation of our denial reason(s) and information about how you can disagree with the denial.

You have a right to a paper copy of this notice of privacy policy at any time upon request.

5.            Security

We store your personal information in different ways, including in paper and electronic form.  We take commercially reasonable steps to ensure your personal information is protected from misuse, loss, interference and unauthorised access, modification or disclosure.  For example, whenever we ask for your financial details online, we use security-encrypted response forms and your information is held in secure servers.

However, data protection and security measures are never completely secure and, despite the measures we have put in place, we cannot guarantee the security of your information.  You must take care to protect your personal information (for example, by protecting any usernames and passwords) and you should notify us as soon as possible of any security breaches.  If you do not wish to pay your appointment fee online, please contact us to arrange for an alternative payment method.

6.            Cookies

When you visit our website, we will collect and store your computer’s assigned IP address, the date and time of your visit, the information accessed and the referring page. We will also collect other non-identifying data for statistical purposes. This information is not linked to your personal information unless required by law.

Like many websites, our website may use ‘cookies’ from time to time. Cookies are small text files that the website transfers to your computer through your web browser to enable the website’s systems to recognise your computer. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals unless required by law. You have the ability to accept or decline cookies by modifying the settings in your browser. Please note that some parts of the website may not function fully for users that disallow cookies.

7.            Third party links

Our website may contain hypertext links to other third-party websites. We are not responsible for the privacy practices or the content of such websites, which are governed by the privacy policy of third parties. We are not in a position to verify the accuracy of the information or any claims made by third parties.

8.            Changes to this Privacy Policy

We reserve the right to make changes to our Privacy Policy at any time.

9.            Contacting us

We welcome your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please email admin@blackclover.ink.