ARTIST TERMS AND CONDITIONS
1) Definitions
In these Terms & Conditions the following words shall have the meanings given in this section:
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‘We’, ‘Us’, ‘Our’ and ‘Portrait Australia’ refers to Portrait Australia Pty Ltd, ABN: 88125982765.
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‘Artwork’, ‘Work’ or ‘Item’ means any goods and/or materials displayed by the Artist to Portrait Australia for sale on the Portrait Australia website.
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‘You’, ‘the Artist’ ‘Parner Artist’ or ‘Seller’ means the person or company displaying the Artwork(s) to Portrait Australia for sale in the Online Gallery in the Terms set out herein.
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‘Buyer’ or ‘Customer’ means the Customer that has registered, and/or purchased the Artwork(s) via Portrait Australia website.
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‘Price’ means the price the Artwork is listed for on the Portrait Australia website excluding postage & handling costs.
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‘Terms’, ‘Terms & Conditions’ or ‘Agreement’ means the Portrait Australia Artist Terms & Conditions.
2) Acceptance of Artist to Website
Portrait Australia reserves the right to accept or decline your application to market artwork through the Portrait Australia website. Your registration includes your acceptance of these terms and conditions.
You warrant that all information supplied to Portrait Australia is accurate, and up to date.
You agree to have your artwork, images and descriptive information displayed on Portrait Australia.
You will inform Portrait Australia of any changes in the information stored by Portrait Australia including name, address and contact details, pricing of artwork, and the Sold status of artwork.
3) Acceptance of Artwork to Website
Portrait Australia reserves the right to accept or decline your application to market any artwork through Portrait Australia for any reason at our sole discretion. Portrait Australia does not accept any artwork that is pornographic in nature, or is likely to cause offense to anyone.
If a sale is made you are entering into a legally binding contract with Portrait Australia to complete the sale and despatch the artwork in the agreed time.
4) Copyright
Portrait Australia is committed to helping Australian artists showcase their high quality of work. Udessi respects your creative property rights and copyright of your artwork always remains with you, the artist.
You, the artist, guarantee the artwork provided to Portrait Australia for sale are your own original work/design and do not use any design, images or elements that are subject to copyright by another party unless all necessary permissions are obtained. The artist frees Portrait Australia from any and all liability if any artwork incurs copyright infringements.
The artist warrants and guarantees that work provided to Portrait Australia for sale is unencumbered and no other party has any right, title or interest in the work.
Portrait Australia will not use any artwork on consignment for any other purpose other than for sale or advertising and promotion for Portrait Australia, unless agreed upon by the artist.
Copyright of Artwork photography - Copyright of the photographs of your artwork(s) is owned by the photographer.
Reproduction - By submitting your Work to Portrait Australia for sale, You give Portrait Australia permission to reproduce images of your work. These images, may be used at any time for the website, promotional purposes such as marketing and advertising of your work and/or Portrait Australia, as well as archiving and record-keeping. We are committed to promoting individual Australian Artists so of course, whenever possible, artists will be given full credit wherever images of their work are displayed.
Portrait Australia may refine, colour correct and/or crop images, however We will always endeavour to retain the integrity of the image. Our aim is to show your artwork in the best possible way so that our customers can be confident that what they see online is what they will receive.
5) Delivery, packaging and insurance
You are responsible and liable for costs of all materials, packaging, delivery and insurance costs. These costs cannot be reclaimed from Portrait Australia under any circumstances and should be taken into account when pricing your artworks.
You will ensure that artworks are securely packaged, labelled and adequately insured for safe delivery to the customer.
You will not include any contact details that would encourage the customer to deal directly with you in the packaging, such as business cards, leaflets, letters of solicitation for business etc.
You will package and arrange delivery of artworks to the customer within five working days of receiving the order. The artwork must arrive with the customer no later than 10 working days after the order has been received by you.
Should you become aware of any reason why an artwork that has been ordered from you may not be received by the customer within 10 days, you will notify Portrait Australia immediately of the reason for and expected length of the delay. Portrait Australia will attempt to contact the customer and in some cases may offer a refund to the customer resulting in the cancellation of the order from you.
6) Returns and damaged goods
In the event of the artwork arriving damaged with the customer, You will be liable for the costs of retrieving the artwork.
You will claim any costs in retrieving the artwork through the insurance cover provided by your chosen courier. Portrait Australia will not accept claims for reimbursement in the event of damage to artworks under any circumstances.
You accept that if you have not taken adequate insurance, you will be liable for the costs of retrieving the artwork.
7) Use of Logos
You are not authorized to use anyof the Portrait Australia, name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Portrait Australia Pty Ltd.
8) Our Customer relationship
You agree that the business relationship between the customer and Portrait Australia is entirely through Portrait Australia. You will not approach the customer directly or correspond with the customer in any way, except with express written authorisation from Portrait Australia. You will not sell directly to the customer or allow a direct relationship to develop between you and the customer that could be detrimental to Portrait Australia. All correspondence with the customer shall take place through Portrait Australia.
9) Termination of this Agreement
Notwithstanding any other provision of this agreement, this agreement may be terminated at any time by either Portrait Australia or the artist, by giving a 14 day written notification of termination from either party to the other. Outstanding payments for work sold will be subject to these Terms & Conditions.
Alterations to Terms and Conditions– Portrait Australia may revise the Terms and Conditions at any time without notice, in which case Portrait Australia will post a copy of the revised agreement on our website and notify all artists via email. Such revisions shall be effective upon posting of such changes to the Portrait Australia website.
These Terms & Conditions constitute the entire agreement between the parties on the subject matter contained herein and supersedes all representations, communications and prior agreements between the parties in that regard.
10) DISCLAIMER
You agree to defend, indemnify, and hold harmless Portrait Australia, its officers, directors, employees, agents, and third parties, from your use of the service, including any violation of these rules.
Portrait Australia has tried to ensure that the contents and information it provides on its web sites is accurate at the time of posting. Unfortunately it cannot guarantee the accuracy of contents or information contained in its pages and any person using information contained in them does so entirely at their own risk