ARTWORK COLLECTIVE AU

WEBSITE TERMS &

CONDITIONS OF USE

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to https://artworkcollective.com.au (the ‘ Website’). The Website

provides you with an opportunity to browse and purchase various products that

have been listed for sale through the Website (the ‘ Products’). The Website

provides this service by way of granting you access to the content on the

Website (the ‘ Purchase Services’).

 

1.2. The Website is operated by Artwork Collective Australia . Access to and use of

the Website, or any of its associated Products or Services, is provided by

Artwork Collective Australia. Please read these terms and conditions (the ‘

Terms’) carefully. By using, browsing and/or reading the Website, this signifies

that you have read, understood and agree to be bound by the Terms. If you do

not agree with the Terms, you must cease usage of the Website, or any of

Services, immediately.

 

1.3. Artwork Collective Australia reserves the right to review and change any of the

Terms by updating this page at its sole discretion. When Artwork Collective

Australia updates the Terms, it will use reasonable endeavours to provide you

with notice of updates to the Terms. Any changes to the Terms take immediate

effect from the date of their publication. Before you continue, we recommend

you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by

clicking to accept or agree to the Terms where this option is made available to you by

Artwork Collective Australia in the user interface

 

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of

the Website. As part of the registration process, or as part of your continued

use of the Purchase Services, you may be required to provide personal

information about yourself (such as identification or contact details), including:

(a) Email address

(b) Preferred username

(c) Mailing address

(d) Telephone number

(e) Password

 

3.2. You warrant that any information you give to Artwork Collective Australia in the

course of completing the registration process will always be accurate, correct

and up to date.

 

3.3. Once you have completed the registration process, you will be a registered

member of the Website (‘ Member’) and agree to be bound by the Terms. As

a Member you will be granted immediate access to the Purchase Services.

 

3.4. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Artwork Collective

Australia; or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

 

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify Artwork

Collective Australia of any unauthorised use of your password or email

address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of Artwork Collective

Australia providing the Purchase Services;

(f) you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members

by electronic or other means for the purpose of sending unsolicited email

or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action will

be taken by Artwork Collective Australia for any illegal or unauthorised use

of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

 

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website,

you will agree to the payment of the purchase price listed on the Website for

the Product (the ‘ Purchase Price’).

 

5.2. Payment of the Purchase Price may be made through Paypal and Stripe (the ‘

Payment Gateway Provider’)

In using the Purchase Services, you warrant that you have familiarised yourself

with, and agree to be bound by, the applicable Terms and Conditions of Use,

Privacy Policy and other relevant legal documentation provided by the Payment

Gateway Providers.

 

5.3. Following payment of the Purchase Price being confirmed by Artwork Collective

Australia, you will be issued with a receipt to confirm that the payment has

been received and Artwork Collective Australia may record your purchase

details for future use.

 

5.4. Artwork Collective Australia may, at their sole discretion, provide a refund on

the return of the Products within 3 days where the Product packaging is

unopened and remains in a saleable condition. You acknowledge and agree

that you are liable for any postage and shipping costs associated with any

refund pursuant to this clause.

 

6. Warranty

6.1. Artwork Collective Australia’s Products come with guarantees that cannot be

excluded under the Australian Consumer Law. You are entitled to a

replacement or refund for a major failure of the Product. You are also entitled

to have the Products repaired or replaced if the Products fail to be of

acceptable quality and the failure does not amount to a major failure (the ‘

Warranty’).

 

6.2. You may make a claim under this clause (the ‘ Warranty Claim’) for material

defects and workmanship in the Products within 12 from the date of purchase

(the ‘ Warranty Period’).

 

6.3. In order to make a Warranty Claim during the Warranty Period, you must

provide proof of purchase to Artwork Collective Australia showing the date of

purchase of the Products, provide a description of the Products and the price

paid for the Products by sending written notice to Artwork Collective Australia at

PO Box 1032, Dee Why, New South Wales, 2099 or by email at

info@artworkcollective.com.au.

 

6.4. Where the Warranty Claim is accepted then Artwork Collective Australia will, at

its sole discretion, either repair or replace any defective Products or part

thereof with a new or remanufactured equivalent during the Warranty Period at

no charge to you for parts or labour. You acknowledge and agree that you will

be solely liable for any postage or shipping costs incurred in facilitating the

Warranty Claim.

 

6.5. The Warranty shall be the sole and exclusive warranty granted by Artwork

Collective Australia and shall be the sole and exclusive remedy available to you

in addition to other rights and under a law in relation to the Products to which

this warranty relates.

 

6.6. All implied warranties including the warranties of merchantability and fitness for

use are limited to the Warranty Period.

 

6.7. The Warranty does not apply to any appearance of the supplied Products nor

to the additional excluded items set forth below nor to any supplied Products

where the exterior of which has been damaged or defaced, which has been

subjected to misuse, abnormal service or handling, or which has been altered

or modified in design or construction.

 

7. Delivery

7.1. You acknowledge that the Purchase Services offered by Artwork Collective

Australia integrate delivery (the ‘ Delivery Services’) through the use of third

party delivery companies (the ‘ Delivery Service Providers’).

 

7.2. In providing the Purchase Services, Artwork Collective Australia may provide

you with a variety of delivery and insurance options offered as part of the

Delivery Services by the Delivery Service Providers. You acknowledge and

agree that Artwork Collective Australia is not the provider of these delivery and

insurance options and merely facilitates your interaction with the Delivery

Service Providers in respect to providing the Delivery Services.

 

7.3. In the event that an item is lost or damaged in the course of the Delivery

Services, Artwork Collective Australia

(a) contact the Delivery Service Provider directly to request a refund or to

claim on any insurance options available; and

(b) contact us by sending an email to info@artworkcollective.com.au outlining

in what way the Products were damaged in transit so we are able to

determine if the Delivery Service Provider should be removed from the

Purchase Services.

 

8. Copyright and Intellectual Property

8.1. The Website, the Purchase Services and all of the related products of Artwork

Collective Australia are subject to copyright. The material on the Website is

protected by copyright under the laws of Australia and through international

treaties. Unless otherwise indicated, all rights (including copyright) in the site

content and compilation of the website (including text, graphics, logos, button

icons, video images, audio clips and software) (the ‘ Content’) are owned or

controlled for these purposes, and are reserved by Artwork Collective Australia

or its contributors.

 

8.2. Artwork Collective Australia retains all rights, title and interest in and to the

Website and all related content. Nothing you do on or in relation to the Website

will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of Artwork Collective

Australia; or

(b) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or

copyright (or an adaptation or modification of such a system or process).

 

8.3. You may not, without the prior written permission of Artwork Collective Australia

and the permission of any other relevant rights owners: broadcast, republish,

up-load to a third party, transmit, post, distribute, show or play in public, adapt

or change in any way the Content or third party contact for any purpose. This

prohibition does not extend to materials on the Website, which are freely

available for re-use or are in the public domain.

 

9. Privacy

Artwork Collective Australia takes your privacy seriously and any information provided

through your use of the Application and/or the Purchase Services are subject to Artwork

Collective Australia’s Privacy Policy, which is available at https://artworkcollective.com.au/privacy-policy.

 

10. General Disclaimer

10.1. You acknowledge that Artwork Collective Australia does not make any terms,

guarantees, warranties, representations or conditions whatsoever regarding

the Products other than provided for pursuant to these Terms.

 

10.2. Artwork Collective Australia will make every effort to ensure a Product is

accurately depicted on the Website, however, you acknowledge that sizes,

colours and packaging may differ from what is displayed on the Website.

 

10.3. Nothing in these Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

 

10.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in these Terms are excluded; and

(b) Artwork Collective Australia we will not be liable for any special, indirect or

consequential loss or damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer

Guarantee), loss of profit or opportunity, or damage to goodwill arising out

of or in connection with the Purchase Services or these Terms (including

as a result of not being able to use the Purchase Services or the late

supply of the Purchase Services), whether at common law, under contract,

tort (including negligence), in equity, pursuant to statute or otherwise.

 

10.5. Use of the Website, the Purchase Services, and any of the products of Artwork

Collective Australia (including the Delivery Services), is at your own risk.

Everything on Website, the Purchase Services, and the Products of Artwork

Collective Australia, are provided to you on an “as is” and “as available” basis,

without warranty or condition of any kind. None of the affiliates, directors,

officers, employees, agents, contributors, third party content providers or

licensors of Artwork Collective Australia (including any third party where the

Delivery Services are made available to you) make any express or implied

representation or warranty about its Content or any products or Purchase

Services (including the products or Purchase Services of Artwork Collective

Australia) referred to on the Website. This includes (but is not restricted to) loss

or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third

party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services

or any of the Products;

(d) the Content or operation in respect to links which are provided for the

User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

 

11. Limitation of Liability

11.1. Artwork Collective Australia’s total liability arising out of or in connection with

the Purchase Services or these Terms, however arising, including under

contract, tort (including negligence), in equity, under statute or otherwise, will

not exceed the most recent Purchase Price paid by you under these Terms or

where you have not paid the Purchase, then the total liability of Artwork

Collective Australia is the resupply of information or Purchase Services to you.

 

11.2. You expressly understand and agree that Artwork Collective Australia, its

affiliates, employees, agents, contributors, third party content providers and

licensors shall not be liable to you for any direct, indirect, incidental, special

consequential or exemplary damages which may be incurred by you, however

caused and under any theory of liability. This shall include, but is not limited to,

any loss of profit (whether incurred directly or indirectly), any loss of goodwill or

business reputation and any other intangible loss.

 

11.3. Artwork Collective Australia is not responsible or liable in any manner for any

site content (including the Content and Third Party Content) posted on the

Website or in connection with the Purchase Services, whether posted or

caused by users of the website of Artwork Collective Australia, by third parties

or by any of the Purchase Services offered by Artwork Collective Australia.

 

11.4. You acknowledge that Artwork Collective Australia does not provide the

Delivery Services to you and you agree that Artwork Collective Australia will not

be liable to you for any special, indirect or consequential loss or damage, loss

of profit or opportunity, or damage to goodwill arising out of or in connection

with the Delivery Services.

 

12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or by Artwork

Collective Australia as set out below.

 

12.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to Artwork Collective Australia via the

‘Contact Us’ link on our homepage.

(a) notifying Artwork Collective Australia at any time; and

(b) closing your accounts for all of the Purchase Services which you use,

where Artwork Collective Australia has made this option available to you.

 

12.3. Artwork Collective Australia may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) Artwork Collective Australia is required to do so by law;

(c) the partner with whom Artwork Collective Australia offered the Purchase

Services to you has terminated its relationship with Artwork Collective

Australia or ceased to offer the Purchase Services to you;

(d) Artwork Collective Australia is transitioning to no longer providing the

Purchase Services to Users in the country in which you are resident or

from which you use the service; or

(e) the provision of the Purchase Services to you by Artwork Collective

Australia is, in the opinion of Artwork Collective Australia, no longer

commercially viable.

 

12.4. Subject to local applicable laws, Artwork Collective Australia reserves the right

to discontinue or cancel your membership to the Website at any time and may

suspend or deny, in its sole discretion, your access to all or any portion of the

Website or the Purchase Services without notice if you breach any provision of

the Terms or any applicable law or if your conduct impacts Artwork Collective

Australia’s name or reputation or violates the rights of those of another party.

 

12.5. When the Terms come to an end, all of the legal rights, obligations and

liabilities that you and Artwork Collective Australia have benefited from, been

subject to (or which have accrued over time whilst the Terms have been in

force) or which are expressed to continue indefinitely, shall be unaffected by

this cessation, and the provisions of this clause shall continue to apply to such

rights, obligations and liabilities indefinitely.

 

13. Indemnity

13.1. You agree to indemnify Artwork Collective Australia, its affiliates, employees,

agents, contributors, third party content providers and licensors from and

against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with any Content you post through the

Website;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so and any breach by you or your agents

of these Terms; and/or

(c) any breach of the Terms.

 

14. Dispute Resolution

14.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not

commence any Tribunal or Court proceedings in relation to the dispute, unless

the following clauses have been complied with (except where urgent

interlocutory relief is sought).

 

14.2. Notice:

A party to the Terms claiming a dispute (‘ Dispute’) has arisen under the

Terms, must give written notice to the other party detailing the nature of the

dispute, the desired outcome and the action required to settle the Dispute.

 

14.3. Resolution:

On receipt of that notice (‘ Notice’) by that other party, the parties to the Terms

(‘ Parties’) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the

Dispute expeditiously by negotiation or such other means upon which they

may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the

Dispute has not been resolved, the Parties must agree upon

A mediator;

(c) The Parties are equally liable for the fees and reasonable expenses of a

mediator and the cost of the venue of the mediation and without limiting

the foregoing undertake to pay any amounts requested by the mediator as

a pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(d) The mediation will be held in Australia.

 

14.4. Confidential

All communications concerning negotiations made by the Parties arising out of

and in connection with this dispute resolution clause are confidential and to the

extent possible, must be treated as “without prejudice” negotiations for the

purpose of applicable laws of evidence.

 

14.5. Termination of Mediation:

If 3 months have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate

the mediation and the mediator must do so.

 

15. Venue and Jurisdiction

The Purchase Services offered by Artwork Collective Australia is intended to be viewed

by residents of Australia. In the event of any dispute arising out of or in relation to the

Website, you agree that the exclusive venue for resolving any dispute shall be in the

courts of New South Wales, Australia.

 

16. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way relating

to the Terms and the rights created hereby shall be governed, interpreted and construed

by, under and pursuant to the laws of New South Wales, Australia, without reference to

conflict of law principles, notwithstanding mandatory rules. The validity of this governing

law clause is not contested. The Terms shall be binding to the benefit of the parties

hereto and their successors and assigns.

 

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

 

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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