WEBSITE TERMS AND CONDITIONS OF USE
About the Website
Welcome to https://www.icametosee.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase original works of art that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Services’).
The Website is operated by Nineteen Eighty Four (ABN 80 675 769 544). Access to and use of the Website, or any of its associated Products or Services, is provided by Nineteen Eighty Four. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Nineteen Eighty Four reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Nineteen Eighty Four updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Nineteen Eighty Four in the user interface.
Registration to use the Purchase Services
In order to access the Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: email address, preferred username, mailing address, telephone number, and password.
You warrant that any information you give to Nineteen Eighty Four in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Nineteen Eighty Four; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following: You will use the Services only for purposes that are permitted by:
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Nineteen Eighty Four of any unauthorised use of your password or email address or any breach of security of which you have become aware;
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Nineteen Eighty Four providing the Services;
you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Nineteen Eighty Four for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Purchase of Products
When you purchase such a Product through the Services, you are purchasing the work from the creator (‘Artist’) identified on the listing for such work and not from Nineteen Eighty Four. In using the Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full. Following payment of the Purchase Price being confirmed by Nineteen Eighty Four, you will be issued with a receipt to confirm that the payment has been received and Nineteen Eighty Four may record your purchase details for future use.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement.
We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
Price and Payment
The prices of goods, delivery and other charges shown are in Australian dollars.
All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Wix’s data storage, databases and the general Wix application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Wix stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, and American Express.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Wix’s Terms of Service: https://www.wix.com/about/terms-of-use.
You acknowledge that the Services offered by Nineteen Eighty Four integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
In providing the Services, Nineteen Eighty Four may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Nineteen Eighty Four is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, Nineteen Eighty Four asks that you:
contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Services.
Nineteen Eighty Four does not manufacture, create, or store any of the items sold through our Services. We provide the venue and platform for Artists to exhibit and sell their original works of art so Nineteen Eighty Four cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to a Product you purchase must be brought directly against the Artist. You release Nineteen Eighty Four from any claims related to Products sold through our Services, including for defective Products, misrepresentations by Artists, or items that caused physical injury (like product liability claims).
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations or warranties concerning any content posted through the Services. Nineteen Eighty Four is not responsible for the accuracy, copyright compliance, legality, or decency of content that you accessed through the Services. You release us from all liability relating to that content.
The Artist understands that Products sold through our Services will come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to have Products repaired or replaced if the Products fail to be of acceptable quality.
Returns requested on the basis of defective goods must be organised directly with the Artist.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of Nineteen Eighty Four are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Nineteen Eighty Four or its contributors.
Nineteen Eighty Four retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Nineteen Eighty Four; or
the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Nineteen Eighty Four and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
You acknowledge that Nineteen Eighty Four does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
Nineteen Eighty Four will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
Nineteen Eighty Four will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of Nineteen Eighty Four (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Nineteen Eighty Four, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Nineteen Eighty Four (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Nineteen Eighty Four) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
the Content or operation in respect to links which are provided for the User's convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
Nineteen Eighty Four's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Nineteen Eighty Four is the resupply of information or Purchase Services to you.
You expressly understand and agree that Nineteen Eighty Four, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Nineteen Eighty Four is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Nineteen Eighty Four, by third parties or by any of the Purchase Services offered by Nineteen Eighty Four.
You acknowledge that Nineteen Eighty Four does not provide the Delivery Services to you and you agree that Nineteen Eighty Four will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Nineteen Eighty Four as set out below.
If you want to terminate the Terms, you may do so by:
notifying Nineteen Eighty Four at any time; and
closing your accounts for all of the Purchase Services which you use, where Nineteen Eighty Four has made this option available to you.
Your notice should be sent, in writing, to Nineteen Eighty Four via the 'Contact Us' link on our homepage.
Nineteen Eighty Four may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Nineteen Eighty Four is required to do so by law;
the partner with whom Nineteen Eighty Four offered the Purchase Services to you has terminated its relationship with Nineteen Eighty Four or ceased to offer the Purchase Services to you;
Nineteen Eighty Four is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
the provision of the Purchase Services to you by Nineteen Eighty Four is, in the opinion of Nineteen Eighty Four, no longer commercially viable.
Subject to local applicable laws, Nineteen Eighty Four reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Nineteen Eighty Four's name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Nineteen Eighty Four have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Nineteen Eighty Four, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by Nineteen Eighty Four is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.