Terms & Conditions
STANDARD TERMS AND CONDITIONS
This Agreement is between You, the user and/or visitor to the Website (whom we refer to as “You” or “Your” in this Agreement) and The Art of The Game Pty Ltd ACN 158 935 383 (we refer to ourselves as “Us”/”We”/”Our” in this Agreement). By accessing and using the Website, including placing any Order via the Website, You agree to be bound by the terms and conditions in this Agreement (Terms), which may be varied by Us from time to time. Words which are capitalised may be defined in clause 9.
1. USE OF THE WEBSITE
1.1. You must not use the Website for any purpose other than that for which it is intended to be used generally, or for any malicious purpose.
1.2. You must not copy, distribute, commercialise or otherwise use any Website content, including Artwork Information, otherwise than as permitted by law, the Terms, or by Our consent.
1.3. You must not access, or attempt to access, the Website from any place or in any circumstance where such access may be illegal.
1.5. Any information on the Website, except Artwork Information, is, and is intended to be, general in nature, and should not be relied upon without first making such independent enquiries as to the accuracy of the information as may be appropriate.
1.6. Any photographs or other visual depictions appearing on the Website, or otherwise in relation to any Artworks, are intended to be indicative only unless otherwise stated.
1.7. We may suspend, terminate, disable or block access to the Website. We do not warrant that the Website will be available at any particular time.
2.1. We design, create and/or sell the Artworks via the Website.
2.2. We own, or otherwise hold the rights to exploit, the Artworks and the intellectual property subsisting in the Artworks, including but not limited to copyright.
2.3. Unless otherwise stated, We do not warrant, and expressly deny, any association or affiliation with any other Organisation including, but not limited to, any sporting Organisation of any kind.
2.4. Unless otherwise stated, We do not warrant that the Artworks are associated or affiliated with, or licensed by, any Organisation except Us and Our related entities, and the features of the Artworks designed and created by Us including, but not limited to, names, derivative words or phrases, colours, shapes, designs, symbols, sizes, or any combination(s) of these, are the product of Our artistic expression and no specific reference to any work, in relation to which any Organisation holds intellectual property rights, is sought or intended.
2.5. Without limitation of any other right We may have, We reserve the right to remove from sale, and from the Website, any Artwork, or to amend or replace any Artwork Information.
3. ORDERS FOR ARTWORKS
3.1. You may place an Order for one or more Artworks via the Website.
3.2. To place an Order, You must supply to Us, via the Website, certain information as We determine from time to time including your name, telephone number, email, and a valid Delivery Address.
3.3. Any Order placed constitutes an offer to purchase the Artworks the subject of the Order, which We may accept or reject in Our absolute discretion. Without limitation, We will not accept an Order if You do not provide Us with the required information, including a valid Delivery Address.
3.4. If We accept an Order, We will endeavour to supply and deliver the Artworks subject to, and in accordance with, the Terms.
3.5. For the avoidance of doubt, otherwise than expressly permitted by the Terms or the Copyright Act, We do not grant to You any licence in relation to the Artworks, and You may not distribute, print, publicly display, perform, publish, commercialise or reproduce any Artworks, or create derivative works, in any manner, from the Artworks, without Our express written consent.
3.6. If any Artwork the subject of an Order which We have accepted is not available, for any reason, We may offer you an alternative Artwork. If the alternative Artwork is not acceptable to You, We will not charge You the Artwork Sale Price for that Artwork, or will otherwise refund the Artwork Sale Price for that Artwork, or provide a Credit Note, as soon as reasonably practicable.
3.7. In consideration of the promise by Us to supply and deliver the Artworks the subject an Order which We have accepted, You agree to pay Us the Artwork Sale Price, the Delivery Charge, and any other charge We impose pursuant to the Terms, which may include, but may not be limited to, GST.
4.1. An Order may be accepted by Us automatically via the Website immediately upon You submitting an Order, or otherwise by Us within a reasonable time after the Order is placed.
4.2. On accepting an Order We may charge You the Artwork Sale Price, the Delivery Charge and any other charge payable by You pursuant to the Terms.
4.3. All charges imposed by Us on acceptance of an Order must be paid by credit card or via such other payment methods as We may facilitate from time to time.
4.4. We will issue, or cause to be issued to You, an invoice or receipt in respect of any payment(s) You make to Us.
4.5. We will not dispatch for delivery any Artworks until such time as payment in full of the Artwork Sale Price, the Delivery Charge, and any other charge imposed by Us, has been received by Us.
5. DELIVERY OF ARTWORKS
5.1. We will only deliver Artworks to a valid Delivery Address.
5.2. We will use Our best endeavours to effect delivery of the Artworks to the Delivery Address during the Standard Delivery Timeframe in accordance with any Delivery Instructions.
5.3. We reserve the right to vary the Standard Delivery Timeframe upon reasonable notice to You.
5.4. We will deliver the Artworks in good condition. If the delivered Artwork is not in a condition that is acceptable to You, You must not accept delivery of the Artwork and contact Us as soon as reasonably practicable.
5.5. By accepting delivery of the Artworks, or allowing delivery of the Artworks by Us in accordance with Delivery Instructions, You acknowledge that the Artworks were delivered in good condition.
5.6. We reserve the right to refuse to effect delivery of the Artworks at the Delivery Address if we reasonably determine that the Delivery Instructions are not appropriate for any reason.
5.7. Subject this clause, We do not deliver outside the Standard Delivery Timeframe otherwise than by special arrangement. If We agree to deliver outside of the Standard Delivery Timeframe, at Your request, We may charge You an additional amount as reasonably determined by Us.
5.8. We will only endeavour to effect delivery of the Artworks on a single occasion. If We agree to attempt delivery of the Artworks on more than a single occasion, We may charge You an additional amount as reasonably determined by Us.
5.9. We may effect delivery of Artworks pursuant to this clause 5 through such of Our agents and contractors as We may determine from time to time.
6. REFUNDS AND CREDIT NOTES
6.1. We will not offer a refund of the Artwork Sale Price, or any other charge imposed by Us, except in accordance with Our Refund Policy or otherwise as required by law.
7. LIMITATION OF LIABILITY
7.1. Subject to this clause 7, and to the extent permitted by law, We and Our employees, contractors or agents accept no liability arising out of the supply or non-supply of the Artworks or otherwise by virtue of this Agreement, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of Us, Our employees, contractors or agents, in which case Our liability shall be limited to, as we determine:
7.1.1. the replacement of the Artworks or the supply of equivalent Artworks; or
7.1.2. the payment of the cost of replacing the Artworks or of acquiring equivalent Artworks.
7.2. Our liability for failure to comply with a Guarantee shall be limited to, as we determine:
7.2.1. the replacement of the Artworks or the supply of equivalent Artworks; or
7.2.2. the payment of the cost of replacing the Artworks or of acquiring equivalent Artworks.
7.3. Nothing in this clause 7 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
8.1. A waiver of, or failure by Us to enforce, a right arising under the Agreement by Us does not affect any other of Our rights, whether arising under the Agreement or otherwise.
8.2. If any clause of the Agreement is invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of the Agreement.
8.3. If performance of any obligation arising under the Agreement is prevented or delayed, wholly or in part, by reason of an act of nature, or the consequence thereof including, but not limited to fire or flood, delays or damage in transportation or other causes beyond the control of Us, either or both of Us or You may:
8.3.1. perform the Agreement (or the unperformed part thereof) within a reasonable time from the removal of the cause preventing or delaying performance; or
8.3.2. rescind unconditionally, and without liability, the Agreement (or the unperformed part thereof).
8.4. The Agreement contains the entire Agreement between Us and You with respect to its subject matter and supersedes all prior communications, arrangements, conduct and/or agreements.
8.5. The Agreement shall be governed by, and construed in accordance with, the laws for the time being in force in the state of Victoria and Us and You submit to the non-exclusive jurisdiction of the courts of that State.
8.6. Unless otherwise stated in the Agreement, any clause of the Agreement which expressly, or by implication from its nature, is intended to continue, will survive the expiration or termination of the Agreement.
8.7. We may vary these Terms at any time without notice.
8.8. We reserve all Our rights to the extent that they are not reserved by the Terms.
9.1. In the Agreement, unless the context otherwise requires:
Agreement means the agreement between Us and You relating to the Artworks pursuant to the Terms;
Artworks means artistic works designed, created and/or sold by Us via the Website, and may include glass and framing, but does not include any intellectual property rights subsisting in such works, including, but not limited to, copyright, and ‘Artwork’ shall have the same meaning in the singular;
Artwork Information means all information relating to Artworks offered for sale by Us via the Website including, but not limited to, materials, description, production volume, sequence numbers, originality, artist information, intellectual property rights, and< limitations;
Artwork Sale Price means the price for the Artwork as stated on the Website as at the date of the relevant Order which, to the extent that the supply of the Artworks constitutes a Taxable Supply, shall be GST inclusive;
Copyright Act means the Copyright Act 1968 (Cth);
Delivery Charge means the delivery charge imposed by Us in accordance with the Deliveries Charges and Timeframes Table;
Delivery Address means an address provided by You which is in the Delivery Zone and to which We will deliver, or arrange for the delivery of, the Artworks the subject of an accepted Order;
Deliveries Charges and Timeframes Table means the table published to the Website in which We set out, among other things, the relevant Delivery Charge, Standard Delivery Timeframe and any other variable information relating to the delivery of the Artworks;
Delivery Instructions means the reasonable instructions You provide to Us, if any, relating to delivery of the Artworks at the Delivery Address;
Delivery Zone means the zones described in the Delivery Charges and Timeframes Table;
GST has the meaning defined in the GST Act;
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Guarantee means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Order means an offer made by You via the Website to purchase one or more Artworks;
Organisation means a body of any kind including, but not limited to, a body corporate;
Refund Policy means any refund policy We may have as amended by Us from time to time and which is accessible from the Website;
Standard Delivery Timeframe means within the timeframe described in the Deliveries Charges and Timeframes Table;
Taxable Supply has the meaning defined in the GST Act;
Terms means the terms and conditions of this Agreement as varied by Us from time to time;
Us / We / Our / Our means The Art of The Game Pty Ltd ACN 158 935 383 and/or Our assigns;
Website means the site at www.theartofthegame.com.auand such other sites operated by Us from time to time being in connection with the Artworks;
You / Yours means a visitor and/or user of the Website aged 18 years or over.