PRIVACY STATEMENT, TERMS AND CONDITIONS AND USER CONTRACT AUSTRALIANART.COM.AU AUSTRALIANART.COM.AU is an Internet service provided by the Power in Numbers Pty Ltd IBN No: company and made available under the terms and conditions of this user contract. This document alone and no other constitutes a relationship as user with the company AUSTRALIANART. By accessing the AUSTRALIANART.COM.AU site, whatever the Internet address or URL used, and/or buying response units you accept to be bound by all the terms of this user contract.

INFORMATION ON USERS
The AUSTRALIANART company is authorised to ask you for personal information to facilitate the management of your account and improve the provision of services.AUSTRALIANART.COM.AU reserves the right to refuse a client's registration.

USE OF THE AUSTRALIANART.COM.AU SITE
From the AUSTRALIANART.COM.AU site, you can use the entirety of the data banks available on the site. Our website requires cookies to be enabled in your web browser to maintain your session with the web server. A session cookie is used exclusively during your access to the databases and a user cookie saves your username and language during 365 days.The AUSTRALIANART company reserves the right to limit the number and frequency of queries and consultations effected on its site and any such reduction or limitation shall under no circumstances be considered grounds for any demand or occasion of any prejudice to the user.
We forbid any queries that do not conform to the profession's customs, any automated queries, especially those monitored by a machine, software or hardware system, and any queries based on algorithms, mathematical series or by difference of another existing data bank.

USER DECLARATION
The user states that he/she is at least 18 years of age and has the legal competence to conclude this contract and to buy the units allowing him/her to subsequently effect queries and consultations.

Using the username and password sent by the AUSTRALIANART company to the user the user undertakes on his/her sole responsibility to carry out queries on the data banks of the AUSTRALIANART company.

AUSTRALIANART shall attempt to satisfy such queries it being understood that it is only under an obligation of due care and diligence. The AUSTRALIANART company cannot be held responsible for the fraudulent use of the username and password of the user which are the only references that AUSTRALIANART is authorised to verify.

SITE CONTENT
AUSTRALIANART.COM.AU broadcasts online data banks and information related to art and the art market predominantly in Australia, and occasionally in other countries around the world.Such broadcast online constitutes a processing of the raw information and its incorporation in the base by manual processing. The AUSTRALIANART company offers no guarantee as to the absolute accuracy of the information concerned. It commits itself only to an obligation of due care and diligence as to the input of the information it collects.

PROPERTY
All programs, services, procedures, concepts, non-commercial software, brands, technological elements and content of the data bank as well as all the services offered by the AUSTRALIANART company remain the full and exclusive property of the AUSTRALIANART company.All unauthorised use of its rights is forbidden. Specifically any use or quotation of data contained in the data bank broadcast to the public shall respect the rights of the AUSTRALIANART company and must be accompanied by the legend: 'source: AUSTRALIANART.COM.AU'

ABSENCE OF GUARANTEE AND LIMITATION OF RESPONSIBILTIES
All information in the data banks of AUSTRALIANART.COM.AU are provided 'as seen' and the AUSTRALIANART company offers no express or implied guarantee on as to the content of this information which has been collected and collated from other pre-existing elements which may themselves contain a certain number of errors.

The AUSTRALIANART company, while seeking to minimise these errors, nevertheless accepts no responsibility for the presence of any erroneous information on its data bank. By this contract the user renounces any claim or right to engage in litigation relative to any loss or injury caused by any such errors on the basis of contractual or criminal responsibility or on any other basis.

PAYMENT
The AUSTRALIANART company reserves the right to suspend or cancel without prior warning the registration of the user if the online or deferred payment should cause a rejection of the payment without prejudice in this case to its right to bill the client for the costs related to such rejection.

TRANSFER - USE
The account is for the personal use of the user.The user is therefore forbidden to cede, transfer or sublicense his/her rights as a user to anyone whatsoever. The user may however allow other persons to use his/her account on the understanding that in this case the latter shall bear no responsibility for the consequences of such use which shall in all circumstances be in compliance with the terms of these general conditions of use.

APPLICATION DATE OF CONTRACT
This contract shall come into effect at the date it is first accepted and remain in force until the closure of the account. The AUSTRALIANART company reserves the right to modify this contract at any moment by broadcasting the modifications on line and it is the responsibility of the client to regularly inform him/herself of the information for users that shall be made available on line for this purpose. If the client continues to use the site AUSTRALIANART.COM.AU after the online broadcast of any such modifications he/she shall be deemed to have accepted the present contract along with its modifications. If the client disagrees with any modifications, he/she shall inform the AUSTRALIANART company within a period of at most 30 days of their initial broadcast.

LEGAL JURISDICTION
This contract is subject to Australian law. The client and the AUSTRALIANART company accept the competence of the courts of Victoria to rule on any litigation relating to the termination or cancellation of this contract.

THE AUSTRALIANART.COM.AU GENERAL SALES CONDITIONS Application extent
The general sales conditions exclusively apply to the commercial relations that bind AUSTRALIANART, located at 4 Haverbrack Ave, Malvern 3144, Vic Melbourne, Australia And you, client of the AUSTRALIANART.COM.AU online store.We have the right to modify the present general sales conditions at any time provided that we notify the changes on the website. Orders
We accept your order according to the present general sales conditions.We will process your order as long as stocks exist or last. When confirming your order you accept the entire general sales conditions hereby presented and available at any time on the website. You also acknowledge having read, understood and accepted the general sales conditions. We forbid any queries that do not conform to the profession's customs, any automated queries, especially those monitored by a machine, software or hardware system, and any queries based on algorithms, mathematical series or by difference of another existing data bank.

Price
We have the right to modify prices at any time but we commit ourselves to charge you the prices applying at the time you ordered. Please note that the currency is the AU$ for all countries except.

AUSTRALIANART is not responsible for any difference that may arise between the estimated amount of your order and the invoiced amount, due to changing currency rates and bank fees.

Payment
Full price is to be paid upon confirmation of the order. You may pay by credit card, or bank transfer. It is compulsory that all payments by cards which issuing entity is located in Australia. Online payment is perfectly secured: it uses the SSL (Secure Socket Layer) protocol. The transmitted information is encrypted by a software and cannot be read while on the network.Delivery
The items ordered will be delivered to the address given at the order, unless specific information is given. All risks shall pass on to the customer from the moment when the products are shipped out of the AUSTRALIANART premises. The delivery schedule is given as a rough guide. The service ordered from Australian Art will be delivered online to paid members, after validation of payment and confirmation of account user’s details. The delivery schedule will depends on number of members registered at the time, but would be process to the fastest possible means.

Returns and Refunds
We shall only refund goods or services returned or rejected within 7 (seven) days from the date of reception of the order. Return shall be to the customer's expense unless the items are returned because of a mistake on our part. We will only refund or exchange the the goods returned complete, in good condition and in the original packaging. You must also include the invoice reference, the customer's details as well as the reason for the exchange or refund.
Return address:
AUSTRALIANART
3 Mell Street
Toorak 3142, Vic
AustraliaAt the end of the 7 (seven) days, the delivered items or service will be considered as in keeping with the order and accepted by the customer. Property reserves
The delivered items will remain AUSTRALIANART's property until all your obligations to us are met, especially until the full price is paid including interests if they apply. The present property reserve does not obstruct that the risks pass on to the customer the day the ordered products are shipped out of the AUSTRALIANART premises in accordance to the conditions described in article 5.

Responsibility
Our responsibility shall not apply to the content of sites to which the customer may be directed from our website via hypertext links. We commit ourselves to take all the necessary care and measures to ensure as good a service as may be expected on the market. Our responsibility shall nevertheless not apply if we do not meet the contract obligations because of an accident or force majored such as catastrophes, strikes, fires, arsons, floods, faulty or broken down material, transportation and communication means or because of your decision. Moreover, our responsibility shall not apply in case the products do not match the presentation on our website. AUSTRALIANART does not warrant that the photographs, texts and illustrations presenting the products are accurate and error-free.

Privacy policy
The personal information relating to you is processed under strict privacy procedures, in accordance to the measures of our privacy policy. When buying or using services at the AUSTRALIANART, you is asked to provide the minimum required information for us to ensure quality services and processing. We might come to share the information with our partners, providers, or affiliates. Due to delivery of goods if necessary or other means of offering you service you required. You have a right to access and correct the information related to you. All you need to do is enter your username and password to access the MY ACCOUNT section of our website. For any questions about privacy policy please email through our contact page (cf link at the bottom of the page). By applying to the present general sales conditions, you acknowledge that you are aware of our privacy policy and accept that we gather and use the information.

Applicable law and jurisdiction
The present general conditions of sale are governed by Australian law. Any disputes relating to the commercial relations that bind AUSTRALIANART and the customer are exclusively governed by Australian law.

TERMS OF USE OF AUSTRALIANART ADS Scope of application
The general terms of sale apply exclusively to trade relations which exist between AUSTRALIANART and you, an AUSTRALIANART Ad customer. We may modify these terms of use at any time provided that we include these modifications on our Website.

Orders
We accept your order in accordance with the conditions of these general terms of sale. By confirming your order, you accept the entirety of the general terms of sale made available to you on the site, as well as these terms of use, and acknowledge that you are fully aware of them. The following requests, among others, are prohibited: all requests which are not customary in the profession, all automatic requests including, inparticular, those made by automaton, software, requesting and hardware systems depending on algorithms program suites or through differential with another databank.

Prices
We reserve the right to modify our prices at any time, but we undertake to apply the rates which were in force at the time of your order and which you were informed of. AUSTRALIANART is not responsible for any difference which may arise between the estimated total amount of your order and the amount invoiced, related exchange rate variations or to bank commissions.

Payment of AUSTRALIANART Ads
The price is immediately due and payable at the date of the order. Payment can be made by Credit card, or bank transfer. On-line secure payment by bank card uses the Secure Socket Layer (SSL) protocol. Information which is transmitted is encrypted by a software program and cannot be read when transiting on the network

AUSTRALIANART Ads
An AUSTRALIANART Ad can feature job advertising or other items for sale predominantly Art pieces of the following categories: Fine art: Drawing-Watercolour, Painting, Tapestry, Print-Poster, Sculpture-Installation, Photography, Design and Audiovisual-Multimedia necessarily associated with an artist referenced in the AUSTRALIANART databank.

AUSTRALIANART Ad shall make use of the resources of the AUSTRALIANART databank in order to format your advertisement: Name of artist, Discipline, Technique, Subject which are referential databanks.Antiques: Furniture Collectibles, Works of Art, Lightings, Silver, Clocks – Watches, Architectural Items, Militaria, Instruments, Frames, Textiles, Ceramics, Glass .AUSTRALIANART Ads describe works of art for sale or works of art sought by a buyer.

They can include only texts and pictures which you provide us with. The content of your ad must not violate the rights of third parties relative to photographs, pictures and texts. We would draw your attention to the fact that you are fully responsible for any AUSTRALIANART Ads that you publish. In particular, AUSTRALIANART cannot be held liable for the right of reproduction concerning which you hereby state that you are authorised to publish the photograph(s)/picture(s) of the work of art sold or sought after in the context of the AUSTRALIANART Ads.

The seller is solely responsible for the details listed. A seller's referencing of a AUSTRALIANART Ad associated with an artist in a given discipline can in no case be interpreted as being a guarantee by AUSTRALIANART as regards the authenticity or origin of the object which is sold. Any AUSTRALIANART Ad which does not exclusively meet these criteria or which contravenes these terms of use may be removed from our site without prior notice.

AUSTRALIANART Ads:

User license
In order to enable us to make use of the information and other items (text, pictures, photographs) resulting from your AUSTRALIANART Ad which you sent us, without violating rights which you may hold on this information, you grant us a transferable, non-exclusive license, free of charge, with no time or territorial limits, with the right to grant sublicenses, for the use, exploitation and disclosure of said information, for use in any existing or future media, while complying with our Confidentiality Charter. This license shall remain in force throughout the legal period of protection of your Personal Information.You agree not to use software programs or manual procedures in order to copy our Internet pages or to collect the information on these pages without our prior express consent in writing. You agree not to use any devices or software programs of any kind in order to disturb or try to disturb the proper operation of our site. You agree not to undertake any action which would impose a disproportionate load on our infrastructures. You agree not to copy, reproduce, alter, modify, create derived works or disclose all or part of the content of our site to the public without our prior express consent in writing or the consent of relevant third parties.AUSTRALIANART may not be held liable should the content of the AUSTRALIANART Ad or any part of the AUSTRALIANART Ad be duplicated on Internet sites or any other current or future media without it being aware of this, without having received AUSTRALIANART's written approval.

Compensation
You agree to defend and compensate AUSTRALIANART (including costs for legal proceedings) as well as the other companies in the AUSTRALIANART group, the company managers, senior executives and employees against any requests or claims made by a third party, caused by or resulting from a violation by you of these General Terms and Conditions of Use or from a violation by you of any law or any right of these third parties.

Article: Responsibility
When a seller or a buyer runs a AUSTRALIANART Ad on AUSTRALIANART.COM.AU, in no case this can be interpreted as a guarantee by AUSTRALIANART with respect to the authenticity or origin of the work of art which is displayed, offer for sale or sold.AUSTRALIANART, on the one hand, and you, on the other, are independent parties, with each one acting in its own name and on its own behalf. We do not intercede in transactions between buyers and sellers. Correspondingly, we do not exercise any control over the quality, security or lawfulness of the objects which are listed, the truth or accuracy in the AUSTRALIANART Ads which are put on line, the sellers' legal capacity to sell said goods or services, or the buyers' ability to pay for said goods or services. Thus, you exempt AUSTRALIANART from all liability (as well as our subsidiaries and companies in the group, company managers, senior executives and employees) in case of dispute for any claims, and for all present or current damage resulting directly or indirectly from your AUSTRALIANART Ad.These

AUSTRALIANART Ad terms of use do not create any tied link, mandate, jointly-owned company joint venture, franchisor/franchisee or employer/employee relations between AUSTRALIANART and yourselves.Our liability cannot be involved due on account of the content of sites towards which the hypertext links can be directed from our site.We undertake to provide all due care which is common practice in the profession in order to implement the service which is proposed to the customer. Nonetheless, our liability cannot be called into question in case of breach of our contractual obligations as a consequence of a fortuitous event such as, without being limited to, disasters, acts of terrorism, sabotage, strikes, fire, flood, material failure or breakdown of means of transportation, means of communication, or on account of your actions.In addition, our liability shall not be involved in case of error in the presentation of products on our site, as the photographs, texts and illustrations representing the products are not contractual.

Protection of personal data
All personal data pertaining to you is handled with the utmost confidentiality, in accordance with the provisions of our personal data protection policy. At the time of your purchases, we ask you only for information which is absolutely essential in order to ensure the quality of the services and processing of your order. At the time of publication of your AUSTRALIANART Ad, only users of the AUSTRALIANART site who have registered beforehand will be able to visualise the data which enables them to contact you.

Applicable law and court of competent jurisdiction
These general terms of sale are subject to Australian law. Disputes relative to trade relations which exist between AUSTRALIANART and its customer are subject to the exclusive competence of Victorian courts. Comment: for the time being, the items are not numbered; the order chosen is quite arbitrary, the order of presentation may be modified as required.

Reserves/Exemption from liability.
Under no circumstances shall AUSTRALIANART take the place of experts, valuers or authorities. It will only make available the results of its algorithms calculated from its databases and applied to the characteristics of the work submitted.

As such, this report is compiled from information provided by the customer and presupposes, in particular, that the work is that of the artist selected by the customer. The customer is entirely responsible for the details describing the work submitted to AUSTRALIANART and expressly acknowledges that the Art pricing report shall under no circumstances have the value of a certificate, expert appraisal or authentication and may not be used as such.

AUSTRALIANART recommends that the Art pricing report be supplemented by seeking expert opinion. The Art pricing report gives only estimated price ranges obtained using the AUSTRALIANART algorithms together with the identification of works registered in the AUSTRALIANART database of past records closest to the characteristics of the work submitted.

The values indicated do not include additional costs invoiced by auction houses, Art Galleries which vary from salesroom to salesroom and Galleries.Under no circumstances can AUSTRALIANART be held liable for late delivery of an Art pricing report, information or goods.AUSTRALIANART cannot be held liable in the event of dispute of any kind or for any reason whatsoever, directly or indirectly linked to the Art pricing ordered, approximate price linked to the artists or any estimation of art work on Australianart web site.

Once these terms and conditions have been accepted by clicking the button, they shall form an integral part of the contract between the customer and AUSTRALIANART governing the order and supply of the Art pricing report. This contract is governed by the laws of Australia. In the event of dispute concerning the interpretation of this document, only the version drafted in Australia shall be deemed authentic. Subject to contrary rules of territorial jurisdiction of a public nature, the customer and AUSTRALIANART agree to accept the jurisdiction of the Victorian Court of Appeal to resolve any dispute pertaining to the order, the compilation and supply of the Art pricing report and more generally any matter arising from the provision of the service under the name of Art pricing.

ADVERTISING ON AUSTRALIANART.COM.AU - AUSTRALIANART TERMS AND CONDITIONS OF SALE

Scope of application

The terms and conditions described in this document apply to the commercial relations between AUSTRALIANART.COM.AU, a web site registered in Australia which owner Power in Numbers Pty Ltd IBN and you, the advertiser. AUSTRALIANART.COM.AU reserves the right to modify these general conditions at any time. However, only the version of the general terms and conditions of sale applicable on the issue date of the request for reservation will apply to the advertisement placement contract.

Pre-requisite condition
As AUSTRALIANART potential clients to the advertiser's AUSTRALIANART Store, possession of an active AUSTRALIANART Store is an obligatory pre-requisite for the insertion of AUSTRALIANART.

Article 3: Request for reservation
AUSTRALIANART.COM.AU accepts your request for reservation under the terms of the present general conditions. By confirming your request by clicking the 'Confirm' button (or other), you recognise that you have read and accepted all of the present conditions.Link insertion pagesHomepage

Duration: unlimited, subject to Australianart management team and subject to payment where applicable.
Visual: With no additional cost to the client, AUSTRALIANART will edit the image using data in the client's AUSTRALIANART Store (name of the AUSTRALIANART Store) and on the basis of the advertisement selected (artist, title and reproduction of the work) by the client in its reservation request.
Placements: The location of the advertisement depends on the space available and it is subject to change without notice. Advertisers may choose the category and computer programs software will determine the space, position, and placement of the add.
The advertiser has the right to request special position, but has to acquire written permission from Australianart that certain position is available.
Links: 2 links directing towards the client's AUSTRALIANART Store: one from the name of the AUSTRALIANART Store and the other from image of the work itself. In its AUSTRALIANART Store, the client may insert a hyperlink to its own website where is permitted by various forms on Australianart web site.

Price AUSTRALIANART.COM.AU reserves the right to modify its prices at any time, but undertakes to apply the tariffs you were quoted at the time of your reservation request. Payment If the advertiser wish to make a spot reservation request. AUSTRALIANART confirms the availability of the spot and issues a pro-forma quote. AUSTRALIANART sends the client a purchase order as soon as the advertiser has accepted the quote. The advertising spot is not actually reserved until AUSTRALIANART receives confirmation from the advertiser that the latter has accepted the quote. (AUSTRALIANART cannot therefore guarantee that the spot will still be available by the time the quote has been formally accepted). The advertiser's advertisement is put on line once payment has been received. If payment has not been received within 7 days following dispatch of the purchase order, AUSTRALIANART reserves the right to cancel the reservation of the spot requested.Payment can be made by direct debit or credit card. The information transmitted in encrypted by a special program that makes it impossible to read during its transmission on the network. Australian Art reserves the rights to charge the payments in advance in different sections of it’s web site that would be clearly outlined at the time of placement of advertising.

PRIVACY POLICY
We commit ourselves to protect your privacy as well as any personal information that you enter on our website or give by any other means. We use the information to process your orders, send updated news about AUSTRALIANART and inform you on available promotions at the AUSTRALIANART website. The secured payment ensures secured trading and transmission of information. The storage and sharing of the information that you enter answers very strict procedures that aim at protecting you against any unauthorized access.

These procedures include that we may ask you to prove your identity before we deliver confidential information. AUSTRALIANART.COM.AU can share consolidated statistics regarding clients, sales, exchange structures and website information to trustworthy partners. The information communicated will never contain personal information.

When using our website, you allow AUSTRALIANART.COM.AU to gather and use the information you provide. Should we decide to modify the conditions of this commitment, the changes will be reported on the current page. We want you to be aware at any time of what type of information we gather, what we do with it and under which circumstances they are shared.

Please note that the information that you provide might be processed by AUSTRALIANART.COM.AU or any of its partners for you to access to MY ACCOUNT from all the AUSTRALIANART websites. The information you provide will help us keep you informed of major changes of our website functions, new services and special offers serving your interests. Further important information of web site contest and it’s contract arrangements as well as copyright and privacy policy:

1. Copyright in this Site is owned by the Australianart.com.au, unless it belongs to third party such as artists, galleries, logos of other companies, paintings, photographs and other materials published on web site being permitting of copyright holders.

2. Copyright in the material included on this Site is either owned by or licensed to the Australianart.com.au or given permission by the Copyright owner to use on this web site in the manner set out bellow. Copyright in the material provided by the other organizations and individuals such as: Art Galleries, Auction Houses, Artists, Agencies, Art Agents, Art Dealers, Art Curators, Subscribers, Government Agencies and instrumentalities, and non-government organisations belongs to those agencies, organisations and individuals. Or any other individual entering into contractual arrangements with Australian art set out in this policy.

3. Australianart.com.au grants visitors to the site a license to download, display, print and reproduce this material for private use or use within your organisation, for non-commercial purposes only. Visitors to the site may also reproduce or use copyright material as permitted by the Copyright Act 1968. In any other case permission must be sought from the Australianart.com.au before copyright material is reproduced or used.

4. Except as permitted under clause 3, copyright material on this Site may not bea) posted to any other websiteb) modified, republished, distributed, reproduced or communicated in any formc) used for any public performance or display including a transmission over a networkd) reproduced in any form including without limitation, the extraction and/or storage in any retrieval system or inclusion in any other computer program or work (except as is incidental to viewing the Gallery website). Contravention is an infringement of the Copyright Act 1968

5. To seek permission to reproduce or use copyright material on this Site, contact the Australianart.com.au visit our Contact Us details for contacting management of Australianart.

6. That permission, if given, will be subject to conditions that will include a requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, either in whole or in part. No permission to reproduce or use the Australianart.com.au copyright material, other than that expressly stated above, is to be implied by the availability of that material on this Site.

1. The information and data on this Site is subject to change without notice. Australianart.com.au may revise this Disclaimer at any time by updating this posting.

2. Australianart.com.au, its agents, instrumentalities, subscribers and employees:a) make no representations, express or implied, as to the accuracy of the information and data contained on this Site;b) make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on this Site or any linked website into another language;c) make no representations as to the availability of the Site and the availability of websites linked from or to the Sited) accept no liability however arising for any loss resulting from the use of the Site and any information and data or reliance placed on it (including translated information and data)e) make no representations, either expressed or implied, as to the suitability of the said information and data for any particular purposef) accepts no liability for any interference with or damage to a user's computer, software or data occurring in connection with or relating to this Site or its use or any website linked to this Site.

LINKS DISCLAIMER
All linked websites are linked "as is" and the Australianart.com.au:a) does not sponsor, endorse or necessarily approve of any material on websites linked from or to this Site;b) does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to this Site;c) does not make any warranties or representations that material on other websites to which this site is linked does not infringe the intellectual property rights of any person anywhere in the world; andd) does not authorise the infringement of any intellectual property rights contained in material in other websites by linking this Site to those other websites

TERMS AND CONDITIONS OF ACCESS
Access to and use of the images of the works of art within the Australianart.com.au are subject to the following terms and conditions:a) The images of works are made available for the strictly limited use of viewing the works on-line.b) Copying, redistribution or communication of any image on this Site for commercial use or personal gain is strictly prohibited.Except as is necessary to view the On-Line Gallery, or as is permitted pursuant to the Copyright Notice linked to this Site, images may NOT be:Extracted, downloaded or stored on any retrieval system or included in any other computer program or work.Copied, modified, distributed, reproduced, communicated or dealt with in any way without the permission from the copyright holder and the Australian Art.Australianart.com.au respects your privacy and is committed to the protection of it.This privacy policy explains why and when we collect your personal information, and what use we make of that information. The policy also explains where and why your information may be disclosed to third parties, and the security measures used by Australianart.com.au to help protect

Australianart.com.au collects the information you give us, either online or by email or facsimile. In most cases, the personal information Australianart.com.au will collect from you is the personal information we are required to be able to supply you with service and or goods you are requiring or purchasing from us, or require further information about the products and services we are offering. Your information will be passed only to relevant organisation, institutions and individuals in order to further facilitate your request of our service or delivery of goods this would include courier or other delivery service in order to deliver an item to you, other parties required to use their services by any of your requests initiated on the web site. All services and third parties use by our web site are also governed by privacy policy. This information may includes your full name, mailing address, phone number, email address and where applicable, your fax number. Australianart.com.au also collects your payment details from you when you purchase service or products, such as your credit card number or bank account details.

Website information (including cookies)
Australianart.com.au makes limited use of cookies on this website. A cookie is a small message given to your web browser by our web server. The browser stores the message, and sends the message back to the server each time you request a page from the server. Australianart.com.au only uses cookies to tell us when you have set up an account with us previously (i.e. when you are a "purchasing user" of our services and products), and sometimes to let us know how you found our website. Where the cookies tell us that you are a registered user, cookies also allow us to automatically display your personal information so that you can easily purchase any services or products.You always have the option to disable cookies by turning them off in your browser. However, you should be aware that many of the services available on the Australianart.com.au website will not work if you have chosen to do this. When you look at this web site, our Internet Service Provider makes a record of your visit and logs the following information for statistical purposes:

Use of your information to fulfil our role you requested from us.
We will be contacting you using the personal details you provide to us when you purchase service or products from us or you use our free service provided by us - Australianart.com.au, to advise you of all relevant information relating to your purchase or use of services.

We may supply your personal information to our third party billing and payment service providers where we believe this is reasonably necessary to protect against fraud and credit card misuse. Where you have made a query in respect of a payment processed by Australianart.com.au which is made known to us by your bank or credit card company by communicating the query through our bank, we may supply the relevant personal information to assist you with your query. Our relationships with such third party service providers are required to hold your personal information strictly confidential.

Security
The transfer of information across any media may involve a certain degree of risk, and the Internet is no different. However, helping you to keep your information secure is very important to Australianart.com.au. In order to protect the security of personal information transmitted to Australianart.com.au online, our Web servers support the use of the Secure Socket Layer (SSL) Protocol where appropriate. Using this protocol, information transferred between our systems is encrypted.

Changes
Australianart.com.au may make changes to its privacy policy from time to time. You should check our privacy policy from time to time to see if we have made any changes to it.

Further information or queries
If you have any queries or comments, or would like more information concerning Australianart.com.au' privacy policy, please contact us privacy@australianart.com.au S

ubmitting the information to Australianart.com.au web site.
All the information submitted to and published on the australianart.com.au whether provided by us or third party are all subject to proper Copyright Act and law and all parties involved in providing those information to Australianart.com.au are agreeing that will do the best endeavor to protect copyright act of others. You understand and expressly agree that: (1) use of the site and its services is solely at your own risk, (2) any material purchased and/or data downloaded or otherwise obtained through the use of Australianart web site is at your own discretion and risk and (3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUSTRALIANART MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OR INFORMATION OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:

(i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(ii) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR OPERATE WITHOUT ERROR;

(iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AUSTRALIANART.

AND ALL SUCH WARRANTIES.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AUSTRALIANART AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE INABILITY TO USE THE SITE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.

You agree to indemnify, defend and hold harmless AUSTRALIANART, and any of its affiliates or related entities and the officers, directors, employees, consultants and agents of each of them from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys fees, arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of AUSTRALIANART successors, assigns and licensees.

Limited License and Ownership

AUSTRALIANART grants a limited license to each user of this Site to make personal use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of any participant information, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for purposes of considering a bid.

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of AUSTRALIANART, an affiliate of AUSTRALIANART or other content owners and suppliers and is protected by Australian Low and foreign copyright laws and international conventions. As between you and AUSTRALIANART, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of AUSTRALIANART and is protected by Australian. and foreign copyright laws and international conventions. All software used on this Site is the property of AUSTRALIANART or its software suppliers and is protected by Australian. and foreign copyright laws and international conventions. The content and software on this Site may be used as a shopping and educational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.

Copyright Infringement

If you believe that material included on the Site infringes a copyright, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material. Please provide us with the following information:1. Your name, address, telephone number, and e-mail address;2. The name and address of the owner of the copyright interest;3. An electronic or physical signature of the owner of the copyright interest or a person authorized to act on behalf of the owner of the copyright interest;4. A description of the copyrighted work that you believe has been infringed;5. Identification of the URL or other specific location on AUSTRALIANART web site where the material that you believe is infringing is located;6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.8. You may contact AUSTRALIANART web site's agent for notice of claims of copyright infringement on this Site by contacting us from our web site following the link CONTACT US.

Applicable Law

The Terms of Use will be governed by and construed in accordance with the laws of Australia, Melbourne without giving effect to its conflict of laws provisions or your actual state or country of residence and by using this Site you consent to the exclusive jurisdiction of Victorian court.The Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Headings used in these Terms of Use are for convenience only and are not to be relied upon. Australianart failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Australianart right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Australianart must be made in writing and signed by an authorised representative of Australianart mainly directors or owners, but not individuals employed buy Australianart organisation. Specifically referencing this Agreement and any provision to be waived, changed or alternate in any way.

Membership
The full AUSTRALIANART service is partly available to paid members. AUSTRALIANART Subsidiary of Power in Numbers Pty Ltd reserves the right to change, amend or remove any of the services available at any time. We also reserve the right to discontinue, cancel or amend any membership without notice if we deem it necessary. This policy will most likely be applied in circumstances where we believe the member has committed an action out of keeping with the nature of the AUSTRALIANART web site policy. Any member found misusing the service, including using it to promote activities that relate to gambling, pornography, civil disturbance or any other activity deemed unfit by AUSTRALIANART (Power in Numbers Pty. Ltd) will be instantly barred, and may have their membership cancelled without notice. We WILL NOT tolerate any such activities on the AUSTRALIANART. Further to that in case of such action, we will not be liable to refund any money of membership, other advertising payment or any costs incurred by such action. It is our sole right to determine whether your action has breached the policy and opinion of Australianart, whether it is intentionally or unintentionally and in accordance to public opinion of viewers, users and other members of Australianart community.

Refunds
Please choose carefully. We do not normally give refunds just because you change your mind. Or you placed an add that is not in accordance to our policy. It is at your own discretion that you submit information, paid for service and make sure that your are in accordance to policy of our site that has been outlined not just in this agreement but also in different pages throughout the site. Please note that our prices are very reasonable, and to attempt to refund for your mistakes, not understanding the policy of the Australianart community would be lot more costly exercise and it would incur additional costs if we are to proceed to cover your costs being made by error, or mistake on your behalf. The refund, the costs of refund would be fully outlined on our web site and our policy would clearly state at the time of registration, purchase or submitting add – your right to refund and terms and costs of refunds.Alternatively we may change this terms and conditions without prior notice to outline our Refund, Return and other policies concerning of purchase of good or services from our web site.

Accuracy of information and disclaimer of warranties All material on our web site is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the web site and services is at your sole risk. Access to the web site and service is provided on an 'as available' basis. Neither Australianart nor its or their directors or employees make any representation or warranty that (i) any material on the web site or services will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the web site and services will be uninterrupted, timely or secure. We will not be liable for loss resulting from any action or decision by you in reliance on the information on the web site or services, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Copyright
All material on Australianart is copyright. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without our prior written approval. You may not use any part of the material on our web site or service to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution. You may deep link to content where this is available. In the case the material is generated by Australianart (flagged as 'Australianart' in the News section for example), the source must always be acknowledged as Australianart’. Some news material on this web site comprises links to external services. In these instances you must adhere to any conditions of use imposed by the originating web site.

Registration Forms and Personal Information
The AUSTRALIANART membership, registration for newsletter and other forms available in the future - requires you to give us your name, email address and other simple personal information. We do not sell, distribute or otherwise give any other organisation access to the personal information you provide as part of the membership registration. We may use the information you have supplied in order to make contact with you in the future, but only in reference to the business activities of AUSTRALIANART Australia P/L and AUSTRALIANART.

We may decide to buy or sell assets which form part of or relate to our business. In any such transaction, personal information will usually be one of the transferred assets and will be disclosed to the purchaser. We may also provide your information to a third party or parties if we access that as result of providing such information you will have commercial gain. For example we will give information to any party that is genuinely interested to purchase the goods from you or use your services.

However we will take the best Endeavour to minimize passing your information’s to other parties unless we access that is beneficial to you. However we will never sell, or past your data to any of bulk emailing services, or other parties dealing with collecting addresses whether email or physical for marketing purposes.

We do NOT store your credit card details. They are discarded as soon as the transaction for which you provide the credit card information is complete.. If you are subscribed to any other mailing list we operate, you can choose to opt out and unsubscribe at any time - just follow the appropriate links on our pages, generally this is accessed from our web site.

If you submit a any information whether it is sale of art, add for job, gallery details, artists data or any other form available on our web site and filled out and submitted to us, any or all of the information you have supplied will be made public, and widely distributed. It is solely your responsibility to ensure the accuracy of the information. By submitting this information you are accepting all liability for its publication. We will not be held liable for any claims, actions or other proceedings or complaints that may arise from the publication of the information you have supplied. We reserve the right to edit, delete, re-word or otherwise modify any advertisement or listing if deemed necessary.

Web Email
By submitting your data to our web site, you will also be asked in our forms (displayed on web site) to submit your email address that will be available to public. Australianart does not take any responsibilities of your email address being made public on our web site, being used for contacting you, spamming you, or using it for advertising purposes by other parties not known to us, by the means of using web spiders, and other software to generate your email address – mailing list.

In case of dispute
In case there is a dispute the following information would be beneficial to you:

1. By entering Australianart web site and browsing the pages you do agree in terms and conditions set out in our privacy/legal stalemates published and linked from each page of our web site. This is written and outlined here.

2. You may find material or materials on our web site that in your opinion could be infringement of another copyright which can be submitted either by us or a third party advertising materials for sale or promoting other copyright ownership. This is not our intention to do so, but the errors can happen.

3. Or any other issue that you think it may resolve in legal proceedings. And could only resolve the legal proceedings.You are bound by this agreement to contact the owner of Australianart web site or their directors to inform and find a suitable solution before taking maters to a legal hands.The following methods are suggested:

1. Email with read receipt confirmation – outlining the dispute and suggesting the way the solution could be resolved.

2. A phone conversation entered in your diary with the owners or directors of Australianart web site outlining your dispute.

3. Fax to Australianart outlining your dispute and solution to resolve the issue.

4. At least minimum of two confirmation of attempting to contact Australianart, in undisputable records on your behalf.Realising that the court proceedings are the last resort – you need a substantional proof that in your best Endeavour you have tried to contact Australianart to resolve dispute, and Australianart has not responded to your request with appropriate explanation.Or was prepared to negotiate with you any dispute you may think has arise.