Canvas Art Page Pty Ltd – Terms of Service

Canvas Art Page acts as a service provider for high quality, exclusive pieces of Artwork for Contemporary Art lovers worldwide.

CONSUMER AGREEMENT

The material on the Canvas Art Page Pty Ltd Website ABN: 13 622 266 577 under the domain name ‘www.canvasartpage.com.au’ (collectively ‘Website’).

This is a legally binding agreement between you and Canvas Art Page (“we”, “us”, “our”), and represents the Terms of Service.

Before you visit and/or using our Website as a guest or as an accountholder you expressly agree that you agree and accept to be legally bound by these Terms of Service and our Privacy and Security Policy, Refund Policy and Shipping Policy (together this “Agreement”), and acknowledge that you have read and understood the terms and conditions contained therein.

If you do not agree (or cannot comply) with the terms and conditions set out in this Agreement, you must not use the Website, purchase our products or use our services (“Service(s)”) or any part thereof.

We reserve the right, at our absolute discretion to amend, vary, modify, and/or replace these Terms of Service without notice., with the amended version becoming immediately effective upon publishing the Website: www.canvasartpage.com.

By continuing to use our Website you accept the Terms of Service.

If you access this Website from outside Australia you accept full responsibility for ensuring compliance with all local applicable laws in the country where you are located.

AREA OF SERVICE

Canvas Art Page is available for customer service and shipping within Australia and worldwide, including (but not limited to) Asia, UK, US, Middle East and Europe. Contact info@canvasartpage.com to confirm that Canvas Art Page can deliver to your area prior to making a purchase from our Website.

LEGAL AGE AND RESPONSIBILITY

To purchase Artwork/s from Canvas Art Page you are required to be of a sufficient legal age to use the Website and to enter into legally binding agreements and to assume liability having done so. If you are under the age of 18, you must be supervised by your parent or guardian’s to use this service. A person under the age of 18 years is unable to make a purchase via the Website.

You agree and understand that to be able to purchase a product/ Service from our Website that you must provide accurate and complete personal information about yourself to ensure efficient processing.

PRODUCT PRICES

All product prices displayed on the Canvas Art Page Website are set at the discretion of the Artist and Website owner and are in US Dollars (USD). They are correct as at the time they appear on this Website. However, we reserve the right to change prices at any time and at our sole discretion.

The prices appearing on this Website may have a GST component and you are encouraged to check this at point of purchase, otherwise the prices may include processing, handling, insurance and delivery charges for shipping.

ARTWORK FOR SALE

Canvas Art Page intends to enhance and promote the careers of Artists by providing a global platform for their Artwork/s to be sold on line. Upon accessing the Website, you will be able to view the Artists biographies, methods of creation and intent behind the pieces. This is why only hand- made, original Artwork/s that may include but not limited to, oil and water colours, drawings and mixed medias as their composition are only permissible for sale on the Website.

Digitised or electronically produced mediums such as photographs and graphic type Artworks, textiles, craft, jewellery, sculptures and glass mediums and the like are not accepted for sale on the Website.

All Artworks will be sold as unframed. If the Purchaser intends to frame the Artwork/s, then the framing of Artworks remains the sole responsibility of the Purchaser at an additional cost to them, and must be arranged separately, after the Artwork/s has been received by the Artist.

PAYMENT

Your payment must accompany any orders and be received in full to to receive purchased products.

Payment terms

A Tax Receipt will be issued once processing has been completed. Any dispute regarding the invoice must be notified to us in writing within two (2) business days of receipt of the invoice. No product or service shall be delivered to you without payment being received in full by us.

Payment types

Payment is via on-line transactions: Once you fill in your financial details you acknowledge and agree that we may use third party payment services, including but not limited to Stripe, for the collection and processing of your payments. You understand that any late or failed payment may be subject to the terms and conditions of service of that third party, including any fees for late payment or penalty fees as set out by that third party partner.

GST

In order to obtain a GST exclusive price, you may be asked to declare your residential status, physical location and use of the supply of goods or services you purchase on this Website in the following form: I declare that (i) I am not an Australian resident; and (ii) I am not, or will not be, in Australia at the time I receive the goods or services. Please note that your transaction will not be completed unless you make this declaration when prompted.

The GST exclusive price is only available to customers who: (i)are non residents; (ii) are outside Australia at the time they receive the supply of the any materials; and (iii) agree to the declaration referred to above.

REFUND POLICY

Please access our Refund Policy by a clicking on the link.

SHIPPING POLICY

Please access our Shipping Policy by a clicking on the link. [ADD LINK]

SERVICE WARRANTIES

You understand and acknowledge that our Services are made available on an “as is” and “as available” basis. Whilst we will use reasonable efforts to provide the Service to you, and may not be available at all times. Events which are outside our reasonable control may also affect the Service. The Service may contain errors that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers, computers, tablets and smart phones) connected thereto. You assume all risks and all costs associated with your use of the Service, including, without limitation, any internet access fees, back- up expenses, costs incurred for the use of your devices and peripherals, and any damage to any equipment, software, information or data. In addition, we are not obligated to, and will not provide you with any maintenance, technical or other support for the Service.

TERMINATION OF SERVICE

You agree that we reserve the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time with or without prior notice to you and shall not be held liable by you or by a third party for doing so. You acknowledge that we have no express or implied obligation to provide, or continue to provide, the Service to you, or any part thereof, now or in the future.

Upon termination, any rights granted by the Artist to Canvas Art Page under the Consignment and Sale of Art Agreement, or Artworks that remain unsold will immediately revert to the Artist.

MISUSE OF SERVICE

You agree that you will not use the Service to:

(a)stalk, harass, threaten, intimidate or harm another;

(b)impersonate or misrepresent to be anyone, or any entity, you are not. We reserve the right to reject or block any User which could be deemed to be an impersonation or misrepresentation

of your identity, or a misappropriation of another person’s name or identity;

(d)use, distribute, reproduce or commercialise any content from the Service except as permitted by this Agreement, by law, and with prior written agreement from us;

(e)transmit any unsolicited advertising, promotional material or other forms of solicitation in connection with your use of the Service without the prior written agreement of us;

(f)forge any TCP-IP packet header or any part of the header information or otherwise putting Information in a header designed to mislead recipients as to the origin of any content transmitted through the Service (“spoofing “);

(g)access (or attempt to access) any part of the Website by any means other than through the interface provided by us;

(h)engage in any activity which disrupts or interferes with the Service or the servers and networks that host the Service;

(i)interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or

breach any policies, requirements or regulations of networks connected to the Service (including gaining unauthorised access to, use or monitoring of data or traffic thereon); or

(k) plan or engage in any potentially fraudulent, illegal or offensive activity.

UNACCEPTABLE CONTENT AND REFUSAL OF SERVICE

Canvas Art Page does not and will not accept any content that is in any way deemed to be indecent, pornographic, that violates the Discrimination Act, is inflammatory, racist, violent or defamatory. Canvas Art Page has the right to, although no obligation to, remove any content at our absolute discretion that is deemed by us to be unacceptable. Any content of this nature that is offensive is the sole responsibility of the user and does not reflect or assume to be the views or opinions of Canvas Art Page.

As a user of our service we encourage you to report any unacceptable content via our Contact us page, or help@canvasartpage.com.au .

You also agree that Canvas Art Page reserves its rights, at its absolute discretion to refuse the service of anyone at any time.

With respect to Artist nudes or the like, Canvas Art Page reserves its rights to exercise its discretion as to whether or not the said Artworks will be sold on its Website.

Anti-spam notice

You understand and agree that publication of electronic addresses on our Website is for the purpose of professional communication only and must not be used to infer consent by us or the relevant addressees, to the receipt of unsolicited commercial electronic messages.

PRIVACY POLICY

You understand that by using the Service, you expressly consent and agree to the collection, holding, using and disclosing of personal data about you and information about your use of the Service in accordance with our Privacy and Security Policy, which is incorporated into, and forms an integral part of, this Agreement.

By using the Website you acknowledge that you accept the terms of this Agreement and you acknowledge that you have read and understood our Privacy and Security Policy.

Should Canvas Art Page Pty Ltd be purchased by a third party, you understand and grant us the right to transfer any personal information that we hold in relation to you to the third party. We will not be required to obtain your consent or notify you.

INTELLECTUAL PROPERTY

Copyright in material on this site and restriction of use

Except for any third party copyright included on this Website pursuant to a license or agreement, all the content on and intellectual property right in this Website and downloads from it (“Content”), are exclusively owned by Canvas Art Page Pty Ltd or the Artist and may not be reproduced, adapted,

distributed or transmitted without the prior written permission of the copyright owner. All rights reserved.

Nothing in this Agreement provides you with the right to copy, use, including but not limited to, any digital content, trademarks, marketing material, logos, domain names, and brands, unless otherwise set out herein.

You further agree that the Website and the Service, and any other part thereof contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Copyright in other material

We make no warranties or representations that any third party material on this Website or material on other Websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

We are not, and must not be taken to be, authorising the infringement of any intellectual property rights contained in material on any other linked third party sites by linking this Website to such material on other sites.

Whilst we do not claim ownership of any content submitted by Members, if you do correspond or otherwise communicate with us through the Service in circumstances where it would be reasonable from the content of the communication to expect that you intend the correspondence to be accessible to other Members or users, then you automatically grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, replicate, display, broadcast and distribute the content of that correspondence or communication. This may include, but is not limited to, publishing testimonials on social media sites, using posts, comments and likes on your linked Facebook page or our Facebook page, and/or developing your ideas or suggestions to improve the products or services provided by us.

Trademarks

Trademarks including but not limited to the words ‘Canvas Art Page’, unless otherwise indicated, are owned by the Director of Canvas Art Page in Australia and may be the subject of copyright and intellectual property rights in other countries. You must not use ‘Canvas Art Page’ trademarks and/or logo(s) except: (i) by saving or printing out a copy of our Website as permitted by the copyright notice above; (ii) as permitted by written agreement from us.

This Website may contain trade marks or logos of other third party companies or organisations and these are proprietary to the registered owner(s) of such marks which are used with the consent of that party and remain the property of that party.

PROMOTIONS AND REWARDS

From time to time, we may offer promotional events (such as competitions), or reward Members for undertaking particular tasks to be determined at our sole discretion (“Reward”), all of which shall be valued as specified by us at our sole discretion or as varied by us from time to time.

Any promotional event will be subject to separate terms and conditions.

Any Reward given to a Member cannot be exchange or taken as cash.

Nothing herein obligates us to offer a Reward to any Member.

Nothing herein obligates us to offer a credit system.

Any Member that participates in a promotional event or is given a Reward, hereby consents to us publishing their Member Account name, their name, their likeness and details of the promotion or reward on any and all official social media accounts, push notifications, electronic direct marketing and on the like.

All competitions that you may enter on this Website are governed by the relevant State legislation and have their own separate terms and conditions. You are encouraged to read these carefully before entering into any competition.

SOCIAL MEDIA – FACEBOOK AND THIRD PARTY MATERIALS

Our online Service customers are provided with the option to share comments, posts and links on our Facebook page.

You agree that you will not post any inappropriate, offensive, illegal or fraudulent content on our Facebook Page or in relation to this Agreement, and that any breach of this Agreement may lead to the immediate termination of your Account.

You understand that certain components or features of the Service may include materials from third parties and/or hyperlinks to other Websites, resources or content (“Third Party Materials”). You acknowledge and agree that we are not responsible for the availability of such Third Party Materials, do not endorse or warrant the accuracy of any such Third Party Materials, and shall in no way be liable or responsible for any Third Party Materials, including advertising, products or materials on or available from them.

You further acknowledge and agree that we shall not be responsible or liable in any way for any loss or damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Third Party Materials, and advertising or products on or available from them.

LIABILITY

The user of the Website agrees to assume all responsibility and risk upon accessing the Canvas Art Page Website. This includes but is not limited to any exposure to inappropriate content, that may placed on the website from other users of the website, not employed by Canvas Art Page.

INDEMNITY

You agree to indemnify, defend and hold harmless Canvas Art Page its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable legal costs and expenses on a full indemnity basis) asserted by any third party due to or arising from or in connection with your use of Content, or use of this Website, or messages posted or transmitted by you on or through this Website. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

DISPUTES

You hereby agree to release Canvas Art Page from any claims for any reason, arising from disputes between the users and account holders on the Website; any Artists and Purchasers, between Purchasers and Purchasers and between Artists and Artists.

DISCLAIMER

Advisory Services

Any verbal advice provided by our advisers is: (i) given in good faith; (ii) given on the basis that you have accurately disclosed all relevant facts to us; and (iii) relates only to the facts which you have disclosed to us and your individual circumstances.

Verbal advice may not represent the only and/or definitive solution to your enquiry or contain all the detail required to answer your enquiry fully as the nature of the communication is instantaneous and prevents extensive deliberation. You should carefully consider the extent to which your verbal advice suits your individual objectives, financial situation or needs before acting on it as we may not be able to take these fully into account during a brief telephone conversation or initial meeting.

Accuracy of Photographs

Canvas Art Page will use all reasonable efforts to describe accurately the Artwork being sold. As the website user, you agree and understand that the photographs of the Artwork and descriptions of the artwork/s are provided by the Artists and may not be a true and accurate representation of the Artwork colour due to differences in light, photography and digital mediums.

Exclusivity of Artwork

All Artists sign Consignment agreements for Artwork consigned to the Website; meaning that they are have agreed to exclusively sell the artwork on the Canvas Art Page Website. You agree that Canvas Art Page will not be held liable for circumstances beyond our control where an Artist has provided the Artwork to another service provider for sale without our knowledge. Canvas Art Page will remove any Artwork deemed to be non exclusive as soon as practicable once we have been notified of the breached Artwork.

Art Reproductions

Reproductions of Artwork are not permitted for sale or consignment on the Canvas Art Page website. The Artist warrants that the artwork/s has not and will not be reproduced at any time. You agree that Canvas Art Page will not be held liable for circumstances beyond our control where an Artwork has been reproduced without our knowledge or the Artists knowledge as a breach of Copyright and Intellectual Property regulations.

GENERAL

Nothing in this Agreement creates a partnership, employment relationship, or agency relationship between you and us.

You agree that we will not be held liable for any delay in fulfilling our obligations under this Agreement if such a delay is caused by an act of God, act of terrorism, revolution, civil strife, industrial or legal action, fire, flood, storm, war, disaster, plague or epidemic, delay in

transportation, internet or wireless connectivity, or telecommunication availability, delay by any third party, or any other cause outside our control.

This Agreement is governed by and must be construed in accordance with the laws of Victoria Australia. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria and the Australian Commonwealth in respect of all matters or things arising out of this Agreement.

We may assign, novate or transfer this Agreement and the Service, or any part thereof, to any third party, without requiring your consent. You may not assign this Agreement in whole or in part for any reason.

SEVERABILITY

If any provision of this Agreement offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:

(a)where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve the result; and

(b)in any other case the offending provision must be severed from this Agreement in which event the remaining provisions of the Agreement operate as if the severed provision had not been included.

CONTACT US

If you have any further questions or need help you can get a prompt response from our team by emailing us at info@canvasartpage.com