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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 purchaseand sell Works.
1.5 Please read our Terms carefully before using the Site because these Terms create a bindingcontract between Artelier, Artists or Customers.
1.6 We may update these Terms from time to time. Any changes to these Terms will be effective fromthe 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 theseTerms 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 orrecovered against a matter, no matter how arising (whether or not presently ascertained) in theimmediate 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 forstorage 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, domainnames, knowhow, trade secrets, procedures, technical designs, software and code and other rightsof a similar nature, whether registrable or not and whether registered or not, and any applicationsfor 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 increasedpremiums), expense, Loss, damage, compensation, charge or liability of any kind, including thosearising from third party Claims, those that are prospective or contingent and those the amount ofwhich 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 orconsequential (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 authorshipfalsely 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 (NotifiableData Breaches) Act 2017 (Cth).
“Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the CopyrightAct 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 ACCEPTANCE3.1 By registering for an account or otherwise using the Services, you will be required to accept ourTerms 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 informationrequested 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 theServices.(your “Registration Data”).
3.3 By visiting, registering for, or using the Site or Services, you agree that Artelier may send directcommunications to the email addresses and devices that you access the Services and use theSite.
3.4 You warrant that your Registration Data is accurate, correct and up to date. You must not submitany Registration Data that is false or inaccurate. If we detect any suspicious, inaccurate orincomplete information, we reserve the right to cancel your account. We may undertake additionalenquiries to confirm the identity and qualifications of an Artist or Customer, but we are not obligedto 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 thosechanges.
3.6 After registration, you may login into your account with your Login Details to gain access to ourServices. You are solely responsible for the accuracy of the information that you submit in relationto your account. You agree that we do not control, verify, or endorse the Registration Data or anyother information provided by Artist or Customer.
4. MEMBER OBLIGATIONS4.1 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 abideby any applicable Law, regulation or generally accepted practices or guidelines regulatingthe Services in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your Login Details andother confidential Registration Data, such as your secret questions required for resettingyour password. The use of your password by any other person may result in the immediatecancellation of your account;
(c) any use of your registration information by any other person, or third parties, is strictlyprohibited. You agree to immediately notify Artelier of any unauthorised use of yourLogin 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 commercialenterprise (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 whichincludes collecting email addresses of other Customers or Artists by electronic or othermeans for sending unsolicited email or unauthorised framing or linking to the Site;
(f) commercial advertisements, affiliate links, and other forms of solicitation may beremoved from the Site without notice and may result in immediate termination of yourMember 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 mergemultiple accounts or to suspend or terminate your account and your access to the Site if youcreate more than one (1) account, or if any information provided during the registrationprocess or thereafter proves to be inaccurate, fraudulent, not current, out-of-date orincomplete;
(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’saccount 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 suspiciousactivity, 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 SALE5.1 As an Artist, you may submit listings for original Works that you have created and which you wishto sell to Customers through the Services.
5.2 The Artist warrants that they have created and possess unencumbered title to the Works, and thatthe 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 partyintellectual property rights, or rights of publicity or Privacy Laws, or result in the violation of anyapplicable law or regulation.
5.4 If you submit Works for sale on the Site through the use of the Services, you hereby grant Artelier aworldwide, 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 toCustomers 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 orlater 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 tothe contrary. The Artist agrees that it will not withhold permission for the reproduction of the Worksfor 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 forany other reason, you must go to your account and follow the instructions to remove your item. Youmay 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 SERVICES6.1 Artists and Customers warrant as a condition of their use of and access to our Site andServices that:
(a) they are authorised to enter a legally binding contract if they are using the Services onbehalf 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 advertisedor 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 contractfor the sale or supply of any services between Artist and Customer and Artelier will have noobligation 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 ourSite;(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 toassess the quality, condition, description or other attributes of any Works offered for sale by anArtist.
6.4 Artelier reserves the right to cancel any order for any Works placed via the Services if Artelierdetermines, in its reasonable discretion, that the Work(s) is mispriced, out of stock, discontinued, orotherwise unavailable at the price advertised. If Artelier cancels an order, we will send you an emailconfirmation of such cancellation and you will not be charged for your order.
7. COMMISSION FOR USING THE SERVICES & PROMOTIONS7.1 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. AnyChange to the Commission will be notified to the Artist prior to application of any sale and bycontinuing 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 Worksand payment to the Artist will reflect the price paid for the Works by the Customer less Artelier’sCommission.
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%.
1.1 Artelier is committed to maintaining the security of Personal Information that you provide to us when you use our website located at www.artelier.com.au (“Site”).
“Personal Information” means information about an individual whose identity is apparent or can reasonably be ascertained from that information.
“Privacy Laws” means the Privacy Act 1988 (Cth), Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), and the EU General Data Protection Regulation (to the extent applicable).
“Services” means the products and services offered by Artelier on our Site.
“Site” means the Artelier website located at <www.artelier.com.au>.
(a) the types of Personal Information Artelier collects and holds;
(b) how and when Artelier collects, discloses, uses, stores and otherwise handles Personal Information;
(c) the purposes for which Artelier collects, holds, uses and discloses Personal Information;
(d) how you may access your Personal Information, and seek correction of your Personal Information;
(e) how we store your Personal Information and keep it secure;
(f) how you may make a complaint, and how Artelier will deal with any such complaint.
4. The types of Personal Information we collect
4.1 We collect Personal Information for the primary purpose of supplying our Services and providing information to our users. This includes Personal Information such as your:
(b) business or company name;
(c) billing and shipping address;
(d) phone number;
(e) email address;
(f) date of birth; and
(g) payment details such as your credit or debit card details.
4.2 We collect Personal Information from you, including but not limited to, when you provide us with feedback, when you provide us with data about your purchase preferences, a password when you register with us, when you change your email preferences, when you respond to our surveys or offers, when you communicate with our customer support, and any other types of Personal Information you provide to us while interacting with us through your use of our Site.
4.3 We do not knowingly collect or process Personal Information of persons 13 years or younger. If you are under the age of 16, we request that you obtain and provide parental consent as required by the Privacy Laws.
5. Marketing and Advertising Communications
5.1 We collect your Personal Information including your email address for the primary purpose of providing our Services to you and also for secondary purposes relating to marketing and advertising communications, in circumstances where you would reasonably expect such use or disclosure.
5.2 We process Personal Information about your preferences in receiving advertising and marketing data from us and third parties. This marketing data may include your browsing and purchase history.
5.3 Where we collect your Personal Information for marketing and personalisation services, we use this marketing data to:
(a) deliver relevant Site content and advertisements to you and market and promote our Services;
(b) customise your experience of the Site according to your browsing preferences and user history.
5.4 You can ask us to stop sending you marketing messages by contacting us or following the opt-out links of any marketing messages sent to you.
5.5 We will obtain your express consent before we share your Personal Information with any third party for their own marketing purposes.
6. How we collect Personal Information
6.1 We collect Personal Information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Site and when we provide our Services to you.
6.2 Personal Information may be provided by you directly or may be sent to us automatically when you visit our Site.
7. How we use your Personal Information
7.1 We use your Personal Information and you consent to us using your Personal Information to:
(a) provide you with our Site and Services;
(b) administer our business activities and internal record keeping;
(c) process transactions involving our business and through our Site where you have purchased our Services;
(d) manage, research and develop our Services including through data analytics;
(e) provide you with information about our Site and Services;
(f) communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail;
(g) meet legal, regulatory and compliance obligations; and
(h) investigate any complaints.
7.2 If you choose to withhold your Personal Information, it may not be possible for us to provide you with our Services or for you to access certain parts of our Site or for us to respond to your query.
8. Disclosing your Personal Information to third-parties
8.3 We may share your Personal Information with third-party service providers to help us provide our Services and to provide you with a payment platform.
8.5 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our databases, together with any Personal Information and non-Personal Information contained in those databases.
9. How we secure your Personal Information and Data Breach
9.1 We are committed to ensuring that the Personal Information you provide to us is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data and to protect this data from misuse, interference, loss and unauthorised access, modification and disclosure.
9.2 A reportable “Data Breach” is a security incident where the integrity of Personal Information or Personal Data is compromised through being destroyed, lost, altered, corrupted, disclosed or accessed by an unauthorised person where it is likely to result in serious harm to any individual affected.
9.3 We have procedures and systems in place including a data breach incident response plan, specific data breach policies and procedures and personnel to deal with an actual or suspected “Data Breach” and will notify you and the applicable regulator in accordance with our obligations under the applicable Privacy Laws.
9.4 Please report any actual or suspected data breaches for investigation to Artelier by using the Contact Us section provided on our Site.
10.2 The types of cookies that we may use are:
(a) Functionality cookies. These are cookies which are essential for us to enable you to use our Site effectively. An example of this would be when you make a purchase on our Site or when you log into your account on our Site.
(b) Analytics cookies. We use these cookies to measure and analyse how customers use our Site. These cookies help us to monitor and improve the performance of our Site including through the use of data analytics for the number of visits to our Site and traffic sources.
(c) Customer preference cookies. These cookies allow our Site to record your choices and provide you with enhanced features such as news and updates relevant to your preferences.
(a) to bring you relevant content and improve user experience;
(b) to collect information such as your IP address and browser type, device information, and language;
(c) to analyse data about webpage traffic;
(d) for advertising and marketing purposes; and
(e) to perform data analytics and improve our Site.
10.4 You can configure your Internet browser to accept all cookies, reject all cookies or notify you when a cookie is set. If you disable cookies from being stored in your computer or on your device, you may not be able to use the full functionality of the Site.
11. Third-Party Analytics Tools and Third-Party Remarketing Tools
11.1 We use technologies and third-party services that may use Google Analytics, pixels, tags and web beacons (code snippets) on our Site to customise content and advertising, to provide social media features and to analyse traffic to our Site, including about how you use and interact with our Site.
11.2 We may also share information about your use of the Site with our trusted social media, advertising and analytics partners.
11.3 Analytics Tools. We use third-party analytics tools to:
(a) analyse usage trends on the Site including the tracking and reporting of website traffic, ad conversion tracking, traffic analysis and marketing optimisation;
(b) collect this data in aggregate form so that it cannot identify any individual user.
11.4 Third-party analytics tools collect non-Personal Information such as how often you visit our Site, the web pages you visit, add-ons, and other analytics data that assists us in improving our products and services.
11.5 Remarketing Tools. We use third-party remarketing tools to position targeted ads to visitors that have already visited our Site. We use our email database to create custom audiences on social media and online platforms such as Facebook, LinkedIn, Instagram to promote our Site and Services.
11.6 We reserve our rights to change, modify, add or remove any third-party analytics tools and third-party remarketing tools. By using our Site, you consent to the processing of any information these tools will collect in the way and for the purposes described above.
12.1 Our Site may provide links to other websites that may be of relevance and interest to you. Links to other websites do not constitute sponsorship or endorsement or approval of other websites.
12.2 We have no control over and are not responsible for the privacy practices or the content of any linked websites.
13. Access to and how you can control your Personal Information
13.1 You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth).
13.2 If you would like a copy of your data or believe that your data is inaccurate, out of date, incomplete, irrelevant, please Contact us using the contact details provided below.
14. Complaints About Privacy
14.1 Please contact us using the contact details below if you have any questions or concerns about our collection, use or disclosure of Personal Information. We will aim to resolve your complaint within 30 days.
14.2 If you remain dissatisfied, you may refer your complaint in writing to the Office of the Australian Information Commissioner.
16. Our contact details
You can contact us:
(a) using the ‘contact us’ section provided on our website located at <www.artelier.com.au>;
(b) by email at firstname.lastname@example.org.
© 2020 D.J GILBERT & S.D GILBERT T/A ARTELIERONLINE. ALL RIGHTS RESERVED.