Clicker here for buyers terms and conditions

Terms and conditions for vendors

These terms and conditions are the contract between you and Manly Harbour Gallery (“us”, “we”, etc). By visiting or using our website, you agree to be bound by them.

Definitions

“Content”means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.
“Our Website”means any website of ours, and includes all web pages controlled by us.
“Post”means place on or into Our Website any Content or material of any sort by any means.
“Product”means any item offered for sale by you on Our Website, whether physical goods or downloads.
“Service”means all of the services available from Our Website, whether free or charged.

Our contract

  • The relationship between us is solely that:
    • in consideration of a fee charged by us, we provide for you an Internet market place as an arm’s length contractor.
    • we act as your agent solely in the collection of money paid by your buyer.
    • we are not partners or joint venturers.
  • If you place a Product for sale on Our Website, you do so subject to these terms.
  • When you place a Product on Our Website, you will be bound to provide all the information required by the Competition and Consumer Act 2010.
  • Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or Our Website visitor has a valid complaint against you.
  • We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
  • Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.

Your Product placement

You agree that you will:

  • not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
  • immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply.
  • not re-place any Product we remove from offer for sale.

Delivery

  • Deliveries of hard copy and physical Products will be made from your premises, by post or by a carrier instructed by you subject to the contract between you and your customer.
  • You will notify both the customer and Manly Harbour Gallery by email on the date of sending, that the Product has been despatched and of the expected delivery date.
  • If at any time, any customer notifies you of non-delivery within the time scale offered by you on Our Website, you will investigate immediately and tell the customer that you are doing so, what you are doing, and when you expect to be able to deliver the Product.
  • In the absence of information to the contrary, you agree to despatch a Product within three days of notification of order by us, by a method likely to reach the buyer within a further seven days.
  • If it is apparent that a customer has not received a Product within 15 days of the expected delivery date, you will refund money paid, including any delivery charge. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.

Products returned

You agree that you will at all times:

  • reply promptly and in any event within 48 hours to any customer message or other correspondence;
  • comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions.
  • when you have an obligation to return money to a customer for any reason, you will do so immediately, as provided by the returns & refunds policy set out on Our Website;
  • in the event that a Product ordered is not available, you will immediately tell your customer and refund any money paid;
  • comply with the Manly Harbour Gallery procedures relating to satisfaction of an order, Products returned and payment, as set out on Our Website from time to time.
  • provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.

The selling procedure

  • Manly Harbour Gallery is not responsible for the fulfilment of your contract to sell a Product.
  • You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer’s payment has been accepted by our payment service provider.
  • Subject to discounts and promotions, Products are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
  • All Products may be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold a Product, the delivery charge offered by you at the time of purchase cannot be increased. Shipping and insurance costs must be covered by you.
  • Products will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a seller. You may view the buyer’s conditions on Our Website at any time.
  • We shall send you a message by email at the time of each sale, providing full information about that sale.
  • You agree to provide an adequate stock of any Product placed by you for sale through Our Website and to tell us, through your control panel, if at any time your supply is exhausted.

 Goods and services tax

  • Fees and commissions specified on Our Website are in Australian Dollars ($AUD) and inclusive of GST.
  • If you are located in Australia, we will show and retain the amount of GST due on our charge for our services in addition to the amount of commission due to us.
  • Manly Harbour Gallery has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.

Our commission and payment to you

  • We sell your Product at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.
  • Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer. We charge a 30%+GST (33% Total) commission on all products sold.
  • Our Website selling system is an automated system which can be followed by you through a “control panel”.
  • The proportion of each sale receipt retained by us is as agreed by us in writing.
  • Where our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Product in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.
  • We will pay you less commission (30%+GST, total = 33%) to your nominated bank account once payment has been finalised, the product is delivered and the 7 day customer returns time period has passed.
  • You must have a bank account located in Australia, we will transfer money via the Internet, in full.
  • If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
  • If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
  • If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
  • If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

Advertising your Product

If you accept our offer to advertise market or promote your Product, the following conditions apply.

  • We may use the services of a specialist Internet marketing business associated with Manly Harbour Gallery
  • Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
  • The price charged to you will include all payments we make to others.
  • The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on Our Website, we will deduct the cost from your account.
  • We give no guarantee as to the success of any advertising placed.
  • We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.

Your Product warranties

  • You warrant that any Product you place on Our Website for sale:
    • is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
    • does not offend against the law of any country whose citizens might purchase it;
    • is not intended primarily to advertise any business, except your business.
  • You warrant that you own the copyright of any Content you place on Our Website for sale, or that you have the permission of the copyright owner:
    • to enter or upload that Content;
    • to receive the net proceeds of such sales as arise.

How we handle your Content

  • If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
  • You now irrevocably authorise us to publish feedback, comments and ratings about your Products, services and activity through Our Website, even though it may be defamatory or critical.
  • We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
  • Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  • You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
  • You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  • Notify us of any security breach or unauthorised use of your account.

Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website for marketing your products and services and in other ways. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

  • be unlawful, or tend to incite another person to commit a crime;
  • be obscene, offensive, threatening, violent, malicious or defamatory;
  • be sexually explicit or pornographic;
  • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  • use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.

Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

  • hyperlinks, other than those specifically authorised by us, as explained on Our Website.
  • keywords or words repeated, which are irrelevant to the Content Posted.
  • the name, logo or trademark of any organisation other than yours.
  • inaccurate, false, or misleading information.

Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  • modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  • link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
  • download any part of Our Website, without our express written consent;
  • collect or use any product listings, descriptions, or prices;
  • collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  • aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  • share with a third party any login credentials to Our Website.

Copyright and other intellectual property rights

  • All content on Our Website, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
  • You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
  • For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

Interruption to the Service

  • We give no warranty that the Service will be satisfactory to you.
  • We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
  • You acknowledge that our Service may also be interrupted for reasons beyond our control.
  • You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

Our disclaimers

  • We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
  • We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
  • Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
    • as to fitness of Our Website and Service for a particular purpose;
    • as to availability and accessibility, without interruption, or without error;
    • any obligation, liability, or remedy in tort whether or not arising from our negligence.
  • You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

  • a claim by any person in respect of any Product;
  • protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
  • any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
    • the deletion or amendment of any text or other content you have placed on Our Website;
    • any payment we make on an ex gratia basis, arising from a contract between you and a buyer;
  • a claim or assessment or order to pay tax based on any sum paid by us.
  • legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
  • our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

Miscellaneous matters

  • You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
  • So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
  • If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  • If you are in breach of any term of this agreement, we may:
    • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
    • terminate your account and refuse access to Our Website;
    • remove or edit Content, or cancel any order at our discretion.
  • Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
  • No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  • You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
  • Any communication to be served on either of us by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
  • In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
  • So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
  • We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
  • In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  • This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
  • The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland and you agree that any dispute arising from it shall be litigated only in that State.

Terms for Buyers

This Website is operated by Manly Harbour Gallery (hereafter referred to as we/us/our).

By accessing, viewing and using this Website, you agree to be bound by these terms and conditions (Terms).

We reserve the right to change these Terms at any time without any prior notice and you will be taken to have accepted any change by continuing to use this Website.

IN THESE TERMS:

‘Website’ refers to the website located at www.mhgonline.com.au, any future URLs that we may register and links to this Website; and ‘Good’ or ‘Goods’ refers to any items that are displayed on our Website and that you have offered to purchase.

‘Seller’ or ‘Sellers’ refers to an independent seller who wishes to sell their products through our Website

BUYING GOODS ON OUR WEBSITE

Our Website is an online platform to facilitate the sell and purchase of various products. On our Website, Sellers can list their Goods for sale and you can browse, select, order and purchase Goods that are displayed on this Website.

Any order placed through our Website is an offer by you to the Seller to purchase a particular Good or Goods in accordance with this Terms. If the Seller accepts your offer, then an agreement is formed between you and the Seller for that particular Good or Goods. We will notify you via email that the Seller has accepted your order. Further, the Sellers reserve the right to accept or reject an order you make using our Website for any reason.

Since we only serve as an agent between you and the Seller, we are not part of any agreement between you and the Seller.

CREATING AN ACCOUNT ON OUR WEBSITE

To purchase Goods on our website, you can either create an account with us or checkout as a guest. If you wish to create an account with us, then please visit the registration link to do so.

You must not disclose your account login details to anyone. If you become aware of misuse of your account by any person or if your account details are leaked, please notify us as soon as possible. Otherwise, we will continue to assume that you are using the website and that you are solely responsible for any use.

PAYMENT

All payments must be made in full prior to delivery of the Goods.

We accept payments through both credit cards (Visa and MasterCard only) and PayPal. We reserve the right to change our mode of payment at any time.

To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud or unauthorised access to a PayPal account.

We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.

If your payment is not received in full or is declined by your bank, credit card issuer or Paypal, we will not hold the Goods against your order.

PRICES, GST AND TAXES

All prices on our Website are listed in Australian Dollars and they include GST (where applicable).

By placing an order, you agree to pay the stated price (plus any applicable shipping and handling charges) in Australian Dollars for all orders. You agree to pay any additional charges or taxes incurred (including any custom duties) if applicable to the sale or delivery of the Goods.

The Seller reserves the right to change the prices of their Goods at any time without notice to you.

REPAIRS, REFUNDS AND REPLACEMENTS

If the Goods are damaged or not of acceptable quality, you may have rights under: · Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law); and/or · Other consumer laws applying in each Australian State or Territory;

AUSTRALIAN CONSUMER LAW

If there is a minor problem with your Goods (as defined in the Australian Consumer Law) the Seller may repair the Goods instead of offering you a replacement or a refund. If there is a major problem with the Goods, a refund or a replacement may be available.

Unless we or the Seller are required to do so under the Australian Consumer Law, you will be responsible for the costs of returning the Goods to the Seller. Please use a trackable or signed-for delivery service when returning the Goods.

We invite you to notify the Seller of any damaged Goods as soon as possible. If you would like to return an item, please first contact the Seller directly via the order message centre option. If you are not satisfied with the outcome through speaking with the Seller you may escalate your request to our support team via the “dispute claim” option of the order message.

Unfortunately, we or our Sellers are unable to provide a refund for the following products: personalised items, perfumes, body, hand, arms or leg cream, made-to-order furniture, undergarments, earrings for pierced ears and makeup items that have been used or opened.

All items must be returned within 10 days from the date you receive the Goods and must be shipped by the original purchaser. Further, all items must be returned to the Seller in their original packaging complete with any accessories. If the aforementioned conditions are not met, the Seller reserves the right to deny a return.

PRODUCT CARE

If you have damaged the Goods yourself, or you have failed to take proper care of the Goods the Seller may not be able to provide you with a repair, refund or replacement.

However, you may still be able to contact the Seller to arrange a repair or replacement. The cost of any repair or replacement will be borne by you. Further, the arrangement for any repair or replacement shall be between you and the Seller only and we are or will not be a party to this arrangement.

EXCHANGE

In addition to any of your consumer rights, if you have changed your mind about your purchase, our Sellers will not be able to offer you a refund or exchange. However, you may be able to contact the Seller directly and arrange an exchange on your own.

DELIVERY PROCESS AND TIMES

While all effort is made to ensure that Goods purchased from our Website will be processed by the Seller within 2 – 7 business days of receiving your order, we or the Seller cannot guarantee processing times. The processing times for Made to Order items can be longer than usual. You will be notified of the processing times at checkout and these times will appear on the order receipt.

Our Sellers generally use third party delivery companies to delivery your order. By placing an order for Goods you agree that your details, such as name, contact numbers, delivery address, will be passed to those third parties. When the Sellers fulfil your order, they will provide you with a tracking number so that you can track the delivery of your order.

Further, you agree that notwithstanding anything in these Terms, we or our Sellers are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.

If you ask for the Good to be left at a delivery address, we or our Sellers are not responsible for loss, damage or theft of Goods once the Goods are delivered to that address. Some people may also prefer to have their Goods shipped to a business address as an additional precaution.

Further, if you require Goods that you have ordered to be redirected to an address other than your original order address, our Sellers may charge you a reasonable fee for doing this.

SHIPPING CHARGES

Shipping charges for delivery within Australia are automatically calculated during the checkout process.

CANCELLATIONS

Our Sellers reserve the right to cancel, at any time before delivery if they suspect that you are acting fraudulently (for example using a credit card without the owner’s permission) or in breach of this Terms. To the extent permitted by law, our Sellers reserve the right to cancel an order if there has been a genuine error in listing the price of the Goods or Goods’ description.

If there are any delays in shipping your order, our Sellers will contact you as soon as possible and will let you know about the revised timeline. If this happens, then you may at your own discretion cancel the order at any time before the Seller ships the Goods. You can also cancel an order if you have reasons to believe that the Seller has breached this Terms.

RISK AND TITLE

Risk and title in the Goods pass to you on the date and time of delivery of Goods to the shipping address provided in your order.

COLOUR VARIATION

While all Goods for sale on this Website are described and photographed as accurately as possible, the colours shown are representational only. As there may be different settings on your computer monitors, the colours of Goods may vary slightly from what you see on your computer screen.

INFORMATION ON GOODS AND SELLERS

We collate information about the Goods and the Seller from our Sellers directly. As such, we cannot be held liable for any wrong information or misrepresentation in regards to Goods and Sellers.

AVAILABILITY OF GOODS

You acknowledge and agree that from time to time, some Goods on the Website are out of stock or unavailable and our Sellers may not be able to fulfil all or part of your order.

If an event of this nature occurs, we will use reasonable endeavours to either:

exchange the Goods with comparable Goods in a similar price range, where available and as agreed with you;

provide you with an estimated time frame for fulfilling your original order;

contact you within a reasonable time to arrange either a full or partial refund or

come to an alternative arrangement.

DETAILS YOU PROVIDE US WITH

It is your responsibility to ensure that the information you provide, including your name, delivery address, contact numbers, email address and orders are correct, so please check any details carefully before submitting an order to us. You acknowledge and agree that we will not be responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including your name, delivery address, contact phone numbers or email addresses.

YOUR USE OF THIS WEBSITE

You are provided with access to and are authorised to download material contained on this Website for your personal use only. You may not, without our written permission, onsell any information obtained from this Website, use any data mining robots, other extraction tools, metatags or mirror the Website. Further, you must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software. We take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.

SUBSCRIPTION AND EMAIL LIST

From time to time, we email our account holders advance notice of sales, new collections, launches and other news. The email addresses we collect are only used internally for the purposes as stated above. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.

SOCIAL MEDIA

We currently operate and manage social media accounts on Facebook, Twitter, Instagram and Pinterest and we may use other social media channels in future.

We do not endorse the opinions expressed by the users on our social media pages.

By submitting content, you agree that we may use and reproduce this content including your name, for testimonial, or other purposes in any media and without any compensation to you. Any content you submit must be your original work.

You must not post any material that is defamatory, derogatory, racist, sexist, unlawful, obscene, infringing any third party’s intellectual property rights, breaching someone else’s confidentiality or privacy, misrepresenting your relationship with us or this Website, misleading, false or deceptive on our social media pages.

We reserve the right to edit or remove content that violates these Terms and to block your access to our page.

INTELLECTUAL PROPERTY RIGHTS

All text, graphics, logos, icons, images, photographs and software that feature on this Website are protected under Australian and International copyright laws. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them.

If you upload any material or content on our Website or social media accounts, you grant us an irrevocable, royalty-free licence to use and reproduce that material or content. Having said that, we do not claim ownership of intellectual property rights in respect to user content.

AVAILABILITY OF THIS WEBSITE

From time to time, down-time on this Website, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

LINKS TO THIRD PARTY WEBSITES

This Website may contain links to other websites that are operated. Unless stated otherwise, this Website does not control, endorse, sponsor or approve such third party websites or their contents, nor are we liable and responsible for any loss or damage that you may suffer as a result of your visits to any third party websites.

INTERFERENCE WITH THIS WEBSITE

You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with this Website or to any material or content posted on this Website.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind.

To the maximum extent permissible by the law, we are not liable and responsible for any loss or damage, whether direct or indirect and however caused (including through negligence) that you may suffer in connection with your use of this Website or any linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website.

PRIVACY

For our privacy and policy statement, please refer to our Privacy Policy.

GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia.

EVENTS WHICH ARE OUT OF OUR CONTROL

We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

GENERAL PROVISION

If we do not take action against you with respect to any breach by you of these Terms, this does not mean that we have waived our rights to take action with respect to subsequent or similar breaches. Furthermore, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.

COPYRIGHT

Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer http://www.ipaustralia.gov.au/ip/copyright.shtml or the Copyright Act 1968.

ORIGINAL

Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies, reproductions, prints and electronically altered works are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.

AGE AND RESPONSIBILITY

The user represents and warrants that they are of sufficient legal age to use the Manly Harbour Gallery website and to create binding legal obligations for any liability they may incur as a result of the use of the Manly Harbour Gallery website. The user agrees to be responsible for all of their use of the Manly Harbour Gallery website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.

TRADEMARK

The Manly Harbour Gallery logo is a trademark of Manly Harbour Gallery. Use of the Manly Harbour Gallery logo is not authorised without express written permission from Manly Harbour Gallery.

REFUSAL AND TERMINATION OF USE

Manly Harbour Gallery reserves the right to refuse service to anyone at any time and at its absolute discretion. Manly Harbour Gallery reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.

Manly Harbour Gallery reserves the right to terminate the Manly Harbour Gallery service at any time and at its absolute discretion without prior notice.

Upon termination, any rights granted by the Artist to Manly Harbour Gallery under this agreement immediately revert to the Artist.

WARRANTIES

Manly Harbour Gallery offers an “as is” service. Manly Harbour Gallery does not supply any warranties in relation to content represented on the Manly Harbour Gallery website.

DISPUTES AND RELEASE

Manly Harbour Gallery is released from any claims arising from disputes between users and members of the website, including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.

DISCLAIMER

Manly Harbour Gallery does not represent or guarantee that the Manly Harbour Gallery service or the Manly Harbour Gallery website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Manly Harbour Gallery does not represent or guarantee that access to the Manly Harbour Gallery service or these websites will be uninterrupted.

The user acknowledges that the Manly Harbour Gallery service or the Manly Harbour Gallery website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Manly Harbour Gallery’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

Manly Harbour Gallery does not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. Manly Harbour Gallery does not warrant that all uploaded content will be available on our website. If Manly Harbour Gallery elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame.

It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.

Manly Harbour Gallery does not accept responsibility for any loss or damage, however caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  • if the breach relates to goods:
  • the supply of equivalent goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
  • if the breach relates to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.