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ARTELIER TERMS OF USE

1. ABOUT THE WEBSITE

D.J Gilbert & S.D Gilbert T/A ArtelierOnline (ABN 317 038 361 37) (“Artelier”).

1.2 Artelier is an online art marketplace that connects creators (“Artists”) of original works (“Works”)

with customers (“Customers”) through the use of the Site (our “Services”).

1.3 We welcome Artists and Customers to register with the Site to access our Services to purchase

and sell Works.

1.4 These terms of use (“Terms”), along with our ‘Privacy Policy’ and ‘Returns and Shipping Policy’

which form a part of these Terms, govern your use of the Site.

1.5 Please read our Terms carefully before using the Site because these Terms create a binding

contract between Artelier, Artists or Customers.

1.6 We may update these Terms from time to time. Any changes to these Terms will be effective from

the date published on our Site.

1.7 By using the Site, you agree that you are bound by these Terms. If you do not agree to these

Terms you must not use the Site or any part of our Services.

2. DEFINITIONS

“Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses,

requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or

recovered against a matter, no matter how arising (whether or not presently ascertained) in the

immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).

“Content” means all material (including without limitation text, graphics, images, audio material,

video material, audio-visual material, scripts, software and files) that you submit to us or our Site for

storage or publication on, processing by, or transmission via, our Site.

“GST” means goods and services tax as defined in A New Tax System (Goods and Services Tax)

Act 1999 (Cth).

“Intellectual Property Rights” means any intellectual property including all copyright, patents,

trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain

names, knowhow, trade secrets, procedures, technical designs, software and code and other rights

of a similar nature, whether registrable or not and whether registered or not, and any applications

for registration or rights to make such an application.

“Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance,

by-law, judgment, rule of common law or equity and is a reference to that law as amended,

consolidated or replaced.

“Liability” means any debt, obligation, cost (including legal costs, deductibles or increased

premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those

arising from third party Claims, those that are prospective or contingent and those the amount of

which is not ascertained or ascertainable, and whether arising under breach of contract, in tore

(including negligence), restitution, pursuant to statute or otherwise at law or in equity.

“Loss” means any cost, expense, loss, damage or Liability whether direct, indirect or

consequential (including pure economic loss), present or future, ascertained or unascertained,

actual, prospective or contingent, or any fine or penalty and includes legal costs.

“Member” means a user of the Site or Services, including Customers and Artists.

“Moral Rights” means a right of attribution of authorship of a Work, a right not to have authorship

falsely attributed and a right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).

“Privacy Laws” means the Privacy Act 1988 (Cth), including the Privacy Amendment (Notifiable

Data Breaches) Act 2017 (Cth).

“Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright

Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications,

television broadcasts including any rights in performances.

3. REGISTRATION AND ACCEPTANCE

3.1 By registering for an account or otherwise using the Services, you will be required to accept our

Terms by clicking the “accept” button in the user interface as a condition of joining as an Artist,

Customer or otherwise using the Services.

3.2 As part of the registration process for an account, you must provide us with the information

requested which may include the following details:

(a) name;

(b) address;

(c) phone number;

(d) a valid email address;

(e) user name and password (your “Login Details”);

(f) other information as applicable to set up and administer your account to access the

Services.

(your “Registration Data”).

3.3 By visiting, registering for, or using the Site or Services, you agree that Artelier may send direct

communications to the email addresses and devices that you access the Services and use the

Site.

3.4 You warrant that your Registration Data is accurate, correct and up to date. You must not submit

any Registration Data that is false or inaccurate. If we detect any suspicious, inaccurate or

incomplete information, we reserve the right to cancel your account. We may undertake additional

enquiries to confirm the identity and qualifications of an Artist or Customer, but we are not obliged

to validate the identity, qualifications, or any Registration Data of an Artist or Customer.

3.5 If your Member Data changes, you must promptly update your Member Account to reflect those

changes.

3.6 After registration, you may login into your account with your Login Details to gain access to our

Services. You are solely responsible for the accuracy of the information that you submit in relation

to your account. You agree that we do not control, verify, or endorse the Registration Data or any

other information provided by Artist or Customer.

4. MEMBER OBLIGATIONS

4.1 As a user of the Site and Services, you agree that:

(a) you will use the Services only for purposes permitted by the Terms and you will abide

by any applicable Law, regulation or generally accepted practices or guidelines regulating

the Services in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your Login Details and

other confidential Registration Data, such as your secret questions required for resetting

your password. The use of your password by any other person may result in the immediate

cancellation of your account;

(c) any use of your registration information by any other person, or third parties, is strictly

prohibited. You agree to immediately notify Artelier of any unauthorised use of your

Login Details, account, or any breach of security of which you have become aware;

(d) you must not use the Services or Site in connection with any other commercial

enterprise (apart from the Services) without the prior written approval of Artelier;

(e) you must not use the Services or Site for any illegal or unauthorised purpose which

includes collecting email addresses of other Customers or Artists by electronic or other

means for sending unsolicited email or unauthorised framing or linking to the Site;

(f) commercial advertisements, affiliate links, and other forms of solicitation may be

removed from the Site without notice and may result in immediate termination of your

Member Account or access to the Site;

(g) any automated use of the Site or Services is strictly prohibited;

(h) you may not have more than one (1) active account. Artelier reserves the right to merge

multiple accounts or to suspend or terminate your account and your access to the Site if you

create more than one (1) account, or if any information provided during the registration

process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or

incomplete;

(i) you must not upload viruses or other malicious code on the Site;

(j) you must not expressly or impliedly impersonate another person or use another person’s

account or Login Details.

4.2 We reserve the right in our sole discretion to deny anyone access to an account.

4.3 If the use of your account breaches these Terms or shows signs of fraud, abuse or suspicious

activity, Artelier may cancel any listings associated with your account. In addition, we may:

(a) suspend your account; or

(b) cancel your account,

at any time in our sole discretion without notice.

5. TERMS FOR ARTISTS LISTING WORKS FOR SALE

5.1 As an Artist, you may submit listings for original Works that you have created and which you wish

to sell to Customers through the Services.

5.2 The Artist warrants that they have created and possess unencumbered title to the Works, and that

the descriptions provided to Artelier and listed on the Site are true and accurate.

5.3 The Artist warrants that the Works, or Artelier’s use thereof, do not violate any third party

intellectual property rights, or rights of publicity or Privacy Laws, or result in the violation of any

applicable law or regulation.

5.4 If you submit Works for sale on the Site through the use of the Services, you hereby grant Artelier a

worldwide, transferable, nonexclusive, royalty-free, right and license, with a right to sublicense, to:

(i) use, modify, reproduce, distribute, publicly perform and publicly display the Works to

Customers and other third parties via the Site and through other online and offline channels;

and

(ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform,

transmit and broadcast copies of the Works in any form, medium or technology now known or

later developed, for the purpose of promoting Artelier and the Services,

where Artelier uses any Works under the licence referred to in this clause, Artelier will credit the Works to the original owner.

5.5 The Artist reserves all rights to the reproduction of the Works except unless described in writing to

the contrary. The Artist agrees that it will not withhold permission for the reproduction of the Works

for promotional and marketing purposes by Artelier.

5.6 If you want to remove your Work(s) from the Services because they are no longer available or for

any other reason, you must go to your account and follow the instructions to remove your item. You

may also edit the description of your Works at any time through the same page.

5.7 You acknowledge that your Works may not be immediately available on the Site for several hours

(or up to 24 hours or more in some circumstances).

5.8 Artist warrants that the price for each individual Work listed on the Site represents the best price available on the market for that Work. This means Artists agree to not price their Works listed on Artelier at a lower price on personal websites, exhibitions, other online galleries & marketplaces. 

6. USE OF THE SITE AND SERVICES

6.1 Artists and Customers warrant as a condition of their use of and access to our Site and

Services that:

(a) they are authorised to enter a legally binding contract if they are using the Services on

behalf of another person or entity; and

(b) they are not a person prohibited from receiving the Services under any applicable Laws;

(c) they are of legal age to use the Services and create a binding contract.

6.2 Artists and Customers agree that Artelier:

(a) will not be liable to any person in relation to the supply of any Services or Works advertised

or made available on our Site including for any Loss or Liability;

(b) is not responsible for the enforcement of any contractual obligations arising out of a contract

for the sale or supply of any services between Artist and Customer and Artelier will have no

obligation to mediate any disputes between the parties to any such contract;

(c) is not responsible for the accuracy of information provided by Artists or Customers on our

Site;

(d) cannot be held responsible for the actions or representations of our Artists or Customers,

either on or off the Site; and

(e) cannot guarantee that any information provided by an Artist or Customer is true, accurate,

complete, current and not misleading or deceptive.

6.3 Customers agree to make their own enquiries to verify all information provided by an Artist and to

assess the quality, condition, description or other attributes of any Works offered for sale by an

Artist.

6.4 Artelier reserves the right to cancel any order for any Works placed via the Services if Artelier

determines, in its reasonable discretion, that the Work(s) is mispriced, out of stock, discontinued, or

otherwise unavailable at the price advertised. If Artelier cancels an order, we will send you an email

confirmation of such cancellation and you will not be charged for your order.

7. COMMISSION FOR USING THE SERVICES & PROMOTIONS

7.1 As part of any transaction made on the Site, the Artists agrees that Artelier will charge a fee

(“Commission”) (15% + GST) from the total price paid for any Works purchased on the Site. Any

Change to the Commission will be notified to the Artist prior to application of any sale and by

continuing to use the Site and Services the Artist agrees to the revised Commission.

7.2 Artists agree that Artelier will automatically deduct the Commission from the sale price of the Works

and payment to the Artist will reflect the price paid for the Works by the Customer less Artelier’s

Commission.

7.3 From time to time Artelier may run promotions on the Site and offer to Customers discount coupons for Works purchased on Artelier. If your Work(s) is sold during this promotion a discount is applied by Artelier to your listed artwork. The maximum discounted amount that will apply is 15% to any single transaction. By listing your Work on Artelier, you agree to participate your Works in Artelier promotions without further notice.

7.4 If a promotional discount code is redeemed by a Customer, the discount will be deducted from the total price of the Work. This means that the Artist will receive an amount equal to the promotional price paid by the Customer, less Artelier's Commission rate of 15%.

 

8. PAYMENT TERMS

8.1 Artist and Customer agree that payment for the sale of any Works listed on the Site is made

through a third-party provider made available through our Site (“Payment Gateway Provider”).

8.2 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 of the

Payment Gateway Provider.

8.3 Artelier will be entitled to add on GST in respect of the Commission charged for the use of its Services in Australia.

8.4 Artelier will release payment to Artist in respect of any successful sale of Works that was

transacted through our Site using our Services. Subject to clause 8.5 and 8.6, payment will be

released after 14 days from the date of delivery of the Works to the Customer.

8.5 If the Customer decides to return the Works within the 14 day returns period from the date the

Works are delivered to the Customer, Artelier will refund the Customer the purchase price paid for

the Works and the Artist will not be entitled to any payment in respect of the Works which will be

returned to the Artist directly from the Customer. The Customer will be responsible for all packing

and shipping charges, insurance costs, other handling expenses, and risk of loss or damage

incurred in the delivery/return of Work(s) from the Customer to Artist.

8.6 In the event that the Works are considered by Artelier and Customer to be defective, damaged or

not as described and are returned to the Artist, Artelier will refund to the Customer the purchase

price paid for the Works and the Artist will not be entitled to any payment in respect of the Works.

In this case, the Artist will be responsible for all packing and shipping charges, insurance costs,

other handling expenses, and risk of loss or damage incurred in the delivery/return of Work(s) from

the Customer to Artist.

8.7 You agree that If you wish to purchase any Works on the Site, you may be asked to provide certain

information relevant to your purchase, including, without limitation, credit card number, expiration

date, billing address, and shipping information.

8.8 You represent and warrant that you have the legal right to use any credit card(s) or other payment

means used by you or through your account for any such purchase. You acknowledge that any

such information will be treated by Artelier in accordance with our Privacy Policy. You grant us the

right to provide such information to third parties such as our Payment Gateway Provider in order to

facilitate the completion of your purchase. Verification of your information may be required prior to

acceptance of any order through the Services.

8.9 If there are payment failures due to insufficient funds, incorrect or outdated payment information,

we reserve our right to:

(a) recover payment and deny access to our Services; and

(b) cancel or suspend your account if we are unable to process the transaction for our Services.

8.10 Refunds are made in accordance with Artelier’s Returns and Shipping Policy and subject to any

guarantees that cannot be excluded under the Australian Consumer Law.

9. INTELLECTUAL PROPERTY AND YOUR CONTENT

9.1 Member warrants that in relation to any Content posted on this Site that:

(a) the Member owns the Intellectual Property in the Content or has all the applicable rights to

use the Intellectual Property in the Content;

(b) use of the Intellectual Property in the Content shall not result in the infringements of

proprietary rights of third parties;

(c) the Content is not in contravention of legislation, any advertising or marketing laws or any

other third-party rights.

9.2 Member grants to Artelier:

(a) a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt,

publish, translate and distribute the Content in any existing or future media on and in relation

to this Site and any successor Site;

(b) the right to sub-license the rights licensed under this section; and

(c) the right to bring an action for infringement of the rights licensed under this section.

9.3 Member waives all Moral Rights in the Content to the maximum extent permitted by any applicable

Law or otherwise grants to Artelier a genuine consent to deal with any of the Moral Rights in the

Content.

9.4 Artelier reserves the right to but is not obliged to reject or amend any Content without notice and for

any reason if Artelier in its sole discretion considers any Content to be objectionable or in violation

of these Terms including where Artelier believes the Member is infringing the rights of copyright

holders.

9.5 If you breach any provision of these Terms, or if we reasonably suspect that you have breached

these Terms in any way, we may delete or edit any part of your Content.

9.6 The obligations accepted by Members under this section survive termination or expiry of these

Terms.

10. WARRANTIES AND LIABILITY

10.1 To the maximum extent permitted by Law, we exclude all representations and warranties relating to

the subject matter of these Terms, our Site and the use of our Services. Nothing in the 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.

10.2 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our Site;

(b) that the material on the Site is up to date; or

(c) that the Site or any Services on the Site will remain available.

10.3 The use of the Site and Services is at your sole and exclusive risk. Everything on the Site and

made part of the Services is provided to you without warranty or condition of any kind. None of the

affiliates, directors, officers, employees, agents, contributors and licensors of Artelier make any

express or implied representation or warranty about the Services or any services advertised on the

Site.

10.4 To the extent permissible at law, you agree that we, our affiliates or subsidiaries, or any of our

directors, officers, employees, partners, agents, contributors, and licensors shall not be liable to

you or any third party for any:

(a) loss of profit or opportunity;

(b) damage to goodwill or business reputation and any other intangible loss;

(c) special, direct, indirect, incidental, punitive, exemplary or consequential damages

whatsoever or any other losses, costs or expenses of any kind, including loss of data, legal

fees, expert fees, cost of procuring substitute services, or any other disbursements

whether arising, directly or indirectly, from your reliance on, access to, use of, or inability to access

or use, the Site and Services provided therein, or through downloading of any materials, data, text,

images, video or audio from the Site, whether in common law, under contract, tort (including

negligence), in equity, pursuant to statute or otherwise.

10.5 You agree that Artelier operates to connect Artists and Customers to facilitate the provision of the

Services. Artelier is not a supplier of any products or services that Artists offer on this Site nor is

Artelier a party to any contracts entered into between Artists and Customers.

10.6 Artelier makes no warranty as to the truth, suitability, quality or accuracy of any Content or

information provided by Artists or Customers, including, but not limited to, the ability of the Artist to

complete a supply of services offered to a Customer, expertise or experience to qualify for joining

as an Artist or otherwise.

10.7 Artelier does not make any representation or warranty with respect to or endorse any Member as to

their identity, expertise or background. Any review, feedback or rating of a Member is not a

guarantee of the outcome of the products or services offered by that Member and Artelier will have

no responsibility or liability of any kind for the performance of the Member. Any use of or reliance

on the services of a Member is solely at Customer’s risk.

10.8 We reserve the right to discontinue or alter any of the Services on the Site, and to stop publishing

our Site or any Content contained therein, at any time in our sole discretion without notice. Save to

the extent expressly provided otherwise in these Terms, you will not be entitled to any

compensation or other payment upon the discontinuance or alteration of any Services, or if we stop

publishing the Site or Content.

10.9 Artelier’s total liability arising out of or in connection with the Services or these Terms, however

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

will not exceed at our option the resupply of Services to you. Our aggregate liability to you in

respect of any contract to provide Services to you under these terms and conditions shall not

exceed the greater of the total amount paid and payable to us for providing our Services.

10.10 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion,

restriction or modification of any implied warranties, conditions, guarantees or obligations. If such

legislation applies, to the extent possible Artelier limits our liability as follows, at our option:

(a) in the case of products including any digital products (a) the replacement of the products or

the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost

of replacing the products or of acquiring equivalent products; or (d) the payment of having

the products repaired; or

(b) in the case of services, the supply of the services again or the payment of the cost of having

the services supplied again.

10.11 This clause survives the termination or expiry of these Terms for whatever reason.

11. INDEMNITY AND RELEASE OF LIABILITY

11.1 You agree to indemnify Artelier, its affiliates, employees, agents, contributors, third party content

providers and licensors from and against 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:

(a) your Content, including any Works listed for sale;

(b) any direct or indirect consequences of you accessing, using or transacting on the Site and

Services or attempts to do so; or

(c) any breach of the Terms.

11.2 Artelier hereby expressly disclaims, and you hereby expressly release Artelier from, all Liability,

Claims, suits, injuries, Loss, harm or damages arising from or related to our Services or your

interactions or dealings with Artists or Customers.

11.3 This clause survives the termination or expiry of these Terms for whatever reason.

12. BREACH

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these Terms

in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

(a) suspend your access to our Site and Services (including your Member Account);

(b) permanently prohibit you from accessing our Site and Services;

(c) commence legal action against you, whether for breach of contract or otherwise;

(d) delete your Member Account on our Site.

12.2 Where we suspend or prohibit or block your access to our Site and Services, you must not take any

action to circumvent such suspension or prohibition or blocking.

13. TERMINATION

13.1 The Terms will continue to apply until terminated by either you or by Artelier as set out below.

13.2 Termination of these Terms does not affect any contract that has been formed between Artists and

Customers. A Member must comply with the terms of any contract entered into including providing

any products or services.

13.3 If you wish to terminate the Terms, you may do so by:

(a) providing Artelier with 30 days' calendar notice of your intention to terminate; and

(b) closing your Member Account for all the Services which you use, where Artelier has made

this option available to you.

13.4 Your notice should be sent, in writing, to Artelier via the "Contact Us" link on our homepage.

13.5 Artelier may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms;

(b) Artelier is required to do so by law;

(c) the provision of the Services to you by Artelier is, in the opinion of Artelier, no longer

commercially viable.

13.6 Artelier reserves the right to discontinue or cancel your Member Account at any time and may

suspend or deny, in its sole discretion, your access to the Site or the Services without notice if you

breach any provision of the Terms or any applicable law or if your conduct impacts Artelier's name,

goodwill or reputation or violates the rights of another party.

14. DISPUTES

14.1 Artists and Customers are solely responsible for interactions and disputes with each other.

14.2 Artelier reserves the right, but has no obligation, to monitor disputes between Artists and

Customers although may involve itself in such a dispute for the purpose of improving the user

experience of the Site and Services.

14.3 If a dispute arises out of or relates to the Terms as between Artelier and a Member or Customer,

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):

(a) Compulsory process. A Party shall not start arbitration or court proceedings (except

proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with

this clause.

(b) Notification. A Party claiming that a Dispute has arisen shall notify each other party to the

Dispute giving details of the Dispute.

(c) Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given

(or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to

the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps

necessary to attempt to resolve the Dispute.

(d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each

Disputant agrees that the Dispute shall be referred for mediation, at the request of any

Disputant, to:

(i) a mediator agreed on by the Disputants; or

(ii) if the Disputants are unable to agree on a mediator within seven days after the end of the

Initial Period, then the Parties must submit the dispute for mediation through the Chair of

Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the

Resolution Institute Mediation Rules shall apply to the mediation.

(e) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the

Dispute. A mediator may not make a decision that is binding on a Disputant unless that

Disputant has so agreed in writing.

(f) Information. Any information or documentation disclosed by a Disputant under this clause

shall be kept confidential and may not be used except to attempt to resolve the Dispute.

(g) Costs of mediation. Each Disputant shall pay its own costs of complying with this clause.

The Disputants shall pay equally the costs of any mediator engaged.

(h) Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30

days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a

representative having full authority to resolve the dispute. At the mediation each Disputant

may be represented by one or more legal representative.

(i) Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails

or refuses to attend the mediation, the mediator will be requested to inform each Disputant in

writing that the mediation has been terminated without resolution (Mediation Termination

Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be

terminated. A party to a dispute will only be entitled to pursue other remedies available to it

at law or otherwise, after receipt of Mediation Termination Notice.

(j) Confidentiality. All communications concerning negotiations made by the Disputants 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

law of evidence.

15. INTELLECTUAL PROPERTY AND USE OF THE SITE

15.1 Artelier retains all rights, title and interest in and to the Site and all related Services. Nothing you do

on or in relation to the Site will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent,

registered design or copyright, or

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

industrial design, or

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

an adaptation or modification of such a thing, system or process); or

(d) any proprietary rights to our database, know-how or technology.

15.2 You may not, without the prior written permission of Artelier 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 on the Site for any purpose, unless

otherwise expressly provided by these Terms.

15.3 The Site and its Content may not be copied, reproduced, publicly displayed, translated or

distributed in any way (including mirroring) to any other computer, server, website or other medium

for publication or distribution, without our express prior written consent.

16. THIRD PARTY SITES

The Site may contain links and other pointers to other websites or applications operated by third

parties. We do not control these linked websites and are not responsible for the contents of any

linked website. The links are provided solely for your convenience and do not indicate, expressly or

impliedly, any endorsement by us of the website or the products or services provided at those

websites. Your access to any such advertisement or link is entirely at your own risk. You should

contact the relevant third-party directly to enquire on that information prior to entering into a

transaction in relation to the third-party products and services.

17. NO WAIVER

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver

of future enforcement of that right or provision.

18. ASSIGNMENT

18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights

and/or obligations under these Terms.

18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with

any of your rights and/or obligations under these Terms.

19. SEVERABILITY

19.1 If a provision of these Terms is determined by any court or other competent authority to be unlawful

or unenforceable, the other provisions will continue in effect.

19.2 If any unlawful or unenforceable provision of these Terms would be lawful or enforceable if part of it

were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in

effect.

20. THIRD PARTY RIGHTS

20.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended

to benefit or be enforceable by any third party.

20.2 The exercise of a party's rights under a contract under these Terms is not subject to the consent of

any third party.

21. ENTIRE AGREEMENT

These Terms shall constitute the entire agreement between you and us in relation to your use of

our Site.

22. LAW AND JURISDICTION

22.1 The Terms and information on this Site are governed by and construed in accordance with the laws

of the State of New South Wales. You submit to the non-exclusive jurisdiction of the Courts of New

South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.

22.2 If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such

invalidity or unenforceability will not affect the remainder of the Terms which will continue in full

force and effect.

23. FORCE MAJEURE

Notwithstanding any other provision of these Terms, Artelier need not act if it is impossible to act

due to force majeure, meaning any cause beyond our control (including war, riot, natural disaster or

law taking effect after the date of these terms). You agree that Artelier will have no responsibility or

liability for any loss or expense suffered or incurred by you because of not acting for so long as the

force majeure continues.

24. FEEDBACK AND AUTHORISATIONS

Your feedback is important to us. Artelier welcomes and encourages you to provide feedback,

reviews, comments and suggestions for improvements to the Site and our Services ("Feedback").

You may submit Feedback by contacting us using the contact details provided below.

25. HOW TO CONTACT US

You can contact us:

(a) using our support page provided on our Site located at www.artelier.com.au

(b) by email at admin@artelier.com.au

© 2020 D.J Gilbert & S.D Gilbert T/A ArtelierOnline. All Rights Reserved.

Terms last updated 7 August 2020.