Terms & Conditions

OUR SERVICE

Manly Harbour Gallery is a gallery selling artwork through an online art marketplace. This site is operated by Manly Harbour Gallery, which is based in Brisbane and sells art to an audience of art lovers and collectors.

INTRODUCTION

By using this website you must agree with and accept all of these Terms and Conditions of Use, and Manly Harbour Gallery’s policies, including its Privacy and Security Policy, Shipping Policy and Refunds and Returns Policy. These policies change from time to time, and they form part of these Terms and Conditions of Use.

Manly Harbour Gallery reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website.  If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Manly Harbour Gallery website.

If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use this website.

These Terms and Conditions of Use are separated into three sections:

Definitions

Terms & Conditions of Agreement

Contact & Acknowledgement

DEFINITIONS
Artist

Artist is defined as the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Manly Harbour Gallery website.

Purchaser

Purchaser is defined as the person who has made a purchase on the Manly Harbour Gallery website through an online payment.

Member

Member is defined as any person who has created an account on the Manly Harbour Gallery website, whether they are an Artist or a Purchaser.

User

User is defined as any person, member or not, who browses or uses the Manly Harbour Gallery website for any purpose.

Content

Content is defined as data, text, images, user names, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Manly Harbour Gallery or a member of the website.

Artwork

Artwork is defined as any piece of original work that is offered for sale on, or sold via the website.

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.

TERMS & CONDITIONS OF USE

Service Region:

Manly Harbour Gallery services and ships within the Australian community.

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.

Unauthorised Use:

The Manly Harbour Gallery website must not be used for any illegal or un-authorised purpose. The Manly Harbour Gallery website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites, is not allowed without express written permission from Manly Harbour Gallery.

Acceptable Content:

Manly Harbour Gallery aims to promote hand-made, original artworks

Artworks may include drawings, watercolours, paintings, mixed media, ink works, sculptures, textiles, craft, jewellery, glassworks and electronically produced works.

Artworks must be unique or sold as one in a series of limited edition artworks and clearly titled so (eg. “My Artwork ed. 2 of 10”).

Unacceptable Content:

Users posting content on the Manly Harbour Gallery site must not infringe any copyright and/or intellectual property rights of any person, entity, organisation, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.

Manly Harbour Gallery does not accept content that is obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic nudes are accepted at the discretion of Manly Harbour Gallery.

The content posted on the Manly Harbour Gallery website must not be fraudulent or illegal in any manner nor contain viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of the entire Manly Harbour Gallery website, including all databases.

Manly Harbour Gallery encourages all users to the site to report any inappropriate content via the Contact Us page. Manly Harbour Gallery will not manually screen all postings and therefore welcomes the assistance from the Manly Harbour Gallery community where possible.

Manly Harbour Gallery has the right, but has no obligation to remove any content posted at its absolute discretion. Manly Harbour Gallery does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible. Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the user’s own risk.

Prices:

All prices shown on the Manly Harbour Gallery website are in Australian Dollars (AUD). Prices of artworks shown on the Manly Harbour Gallery website are set at the discretion of the Artist.

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.

Copyright:

All content on the Manly Harbour Gallery website are copyright of either Manly Harbour Gallery or the Artist. Content must not be downloaded or used without express written permission from Manly Harbour Gallery, or the Artist where the content is their own work.

The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Artist.

Refusal & Termination of Service:

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 & 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.

Liability:

The user assumes all responsibility and risk for use of the Manly Harbour Gallery website including and without limitation any of the content or information contained therein. Manly Harbour Gallery accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.

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.