The Brush Artists (Website Owner) owns and operates this website. Access to and use of this Website is and the products and services available through this Website is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
Amendments to Terms of Use
Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
2. Website
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
3. Services
The Website offers the Services, being a third-party online marketplace:
(a) for Artists who wish to promote and sell their Artworks; and
(b) for Purchasers, looking to buy Artworks.
4. Fees
(a) In return for performing the Services, the Artist agrees to pay the Fee to the Website Owner in relation to any Artwork which is sold through the Website or as a result of the promotion of the Artwork on the Website.
(b) The Fee is the amount agreed in writing between the Website Owner and the Artist.
5. Website Owner
(a) The Website Owner may offer the Services to Artists and may or may not accept Artworks for sale on the Website at its discretion.
(b) The Website Owner reserves the right to withdraw the Services at any time and without prior notice.
6. Artists
Artists are users of the Website and the Services. Artists are responsible for:
(a) Obtaining permission of the Website Owner to use the Services in relation to each Artwork;
(b) Granting a licence to the Website Owner to reproduce the Artworks on the Website for the purposes of performing the Services;
(c) setting prices of Artworks on the Website;
(d) paying to the Website Owner the Fees in relation to the ale of any Artwork using the Website or the Services;
(e) ensuring that Artworks are original, that the Artist owns all the rights and interests in the Artwork include the rights to sell it, and that the Artist’s actions in using the Website and selling the Artwork do not infringe intellectual property rights of any other parties;
(f) the sales transaction between the Artist and the Purchaser, including all taxes (GST), duties and charges that may apply to that transaction;
(g) ensuring that the Artist complies at all times with these Terms and does not use the Website or the Services for any reason or purpose other than the one intended by the Website Owner;
(h) agreeing and coordinating with the Purchaser for the physical exchange of the Artworks which are purchased using the Website and the Services;
7. Purchasers
Purchasers are users of the Website and the Services. Purchasers are responsible for:
(a) ensuring that the Purchaser complies at all times with these Terms and does not use the Website or the Services for any reason or purpose other than the one intended by the Website Owner;
(b) paying any price set or agreed by the Artist in exchange for the purchase of an Artwork;
(c) ensuring that the Purchaser’s use of the Services or the Website does not infringe the intellectual property rights of the Website Owner, any Artist or any other person;
(d) agreeing and coordinating with the Artist for the physical exchange of the Artworks which are purchased using the Website and the Services;
8. Linked sites
This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
9. Privacy policy
Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
10. Prohibitions
(a) You must not misuse this Website. You will not:
(i) commit or encourage a criminal offense;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Service; corrupt data; cause annoyance to other users;
(iv) infringe upon the rights of any other person’s proprietary rights;
(v) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(vi) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(b) The Website Owner is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
11. Intellectual property and content
All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other intellectual property, whether registered or unregistered, on this Website are the property of their respective owners. You must obtain written permission before using any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
12 Disclaimer of liability
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
(b) To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must 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 or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) This does not affect Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
(d) To the full extent permitted by law, our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
(i) If the breach of an implied warranty or condition relates to services:
(A) The supply of the services again; or
(B) The payment of the cost of having the services supplied again; and
(ii) If the breach of an implied warranty or condition relates to goods:
(A) The replacement of the goods or the supply of equivalent goods;
(B) The repair of such goods; or
(C) The payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired
13 Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
14. Indemnity
You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
15 Variation
Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
16 Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
17 Jurisdiction
(a) These Terms will be governed by and interpreted in accordance with the law of NSW Australia, without giving effect to any principles of conflicts of laws.
(b) You agree to the jurisdiction of the courts of NSW, Australia to determine any dispute arising out of these Terms.
18 Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us on info@thebrushartists.com.au.
